Evaluating Evidence and the Power of the Judge: A Discussion on Immediacy and Taking Initiative.
The video discusses the role of immediacy in the evaluation of evidence and the power of the judge to take initiative in the trial process. It also explores the limits of this power and the importance of considering all available evidence in making a rational and objective assessment.
00:00:09 In the 10th casatorial hearing, Dr. Luis Alfaro discusses the evaluation of evidence and the judge's power of initiative in the decision-making process.
👇 The video discusses the key issues addressed in the tenth casuistry session, which include the evaluation of evidence and the judge's powers.
💬 The focus of the discussion is on the concept of the evaluation of evidence and its interpretation in judicial practice and legislation.
🙈 The speaker emphasizes the importance of individual and historical evaluation of each fact in relation to the evidence, rather than relying solely on a joint evaluation.
00:03:13 The video discusses the methods of evidence assessment in civil proceedings and the need for rationality in judicial decisions. It emphasizes the importance of individually evaluating facts and the use of relevant knowledge in understanding specific types of evidence.
✅ The video discusses different methods of evidence evaluation in the civil process.
💡 There is a disconnection between contemporary theoretical approaches and legal rules in evidence evaluation.
🔍 To properly evaluate evidence, one must analyze individual facts and utilize relevant knowledge, such as psychology.
00:06:16 The video discusses the evaluation of evidence and official evidence in the X Pleno casatorio. It explores the use of textual semiotics to understand documents and challenges the notion that the Supreme Court cannot review facts. The speaker highlights the need for an epistemological approach to the subject.
📚 The use of textual semiotics can contribute to a better understanding of documents and their evaluation.
🔍 There is a need for an epistemological approach to the subject of evidence in order to improve its assessment.
⚖️ The Court of Cassation should review and evaluate facts, contrary to the belief that it focuses solely on matters of law.
00:09:21 Summary: The video discusses the role of immediacy in the evaluation of evidence and the power of the judge to take initiative in the trial process. It also explores the limits of this power and the importance of considering all available evidence in making a rational and objective assessment. Alternative Title: Evaluating Evidence and the Power of the Judge: A Discussion on Immediacy and Taking Initiative.
The video discusses the concept of inmediación in judicial practice and its relation to the assessment of evidence.
It explores the idea of allowing appellate judges to review matters of fact in order to ensure a rational and objective evaluation of the evidence.
The video also touches on the powers of the judge, particularly the power to initiate evidence (prueba de oficio) and the need for reflection on these powers.
00:12:24 A discussion on the distinction between the judge's power to incorporate evidence and the power of inquisitorial evidence, as well as the limits and criteria for the exercise of this power in relation to the search for truth.
🔍 The distinction between the power to collect evidence and the power to initiate evidence.
✏️ The concept of 'prueba de oficio' and its varying intensity in relation to the search for truth.
🚫 The importance of establishing limits and criteria to avoid abuses of power.
00:15:29 Contradictory exercise of power to filter knowledge of facts, democratizing and limiting power, distancing from psychological persuasion in evidence evaluation.
💡 The contradictory exercise of power functions as a mechanism to filter knowledge of facts.
🔍 The reform project distances itself from a persuasive psychological conception of evidence.
💭 The reform project focuses on a more objective and rational understanding of evidence.
00:18:32 LP discusses the improvement in the treatment of offfice proof and the determination of established facts in the reform project. There are still some issues, but overall there is progress.
🔍 The video discusses the concept of 'prueba de oficio' and the improvements in its treatment in a proposed reform.
⚖️ There is a focus on the determination of a proven fact rather than conviction in the evaluation process.
🔄 The proposed reform also introduces the opportunity for the judge to request additional evidence and the consideration of its viability.
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