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Opposition Time: Mena and works Review!

More or less in February of 2,008 signing a call for the holding of the next objection to the Notary. The signature of the announcement is a welcome news, as always, it spreads like wildfire, like the first nerves between opponents who, immediately, concerns and doubts assail them on how to organize, how fast to follow, composition the Court, beginning of the exercises, go to the first or second calling ... And almost as fast as the original story, these concerns are moved to "coach", who was go to seek comfort and serenity in the chill and nerves produce news. Applies here also an old saying that with some adjustment, it will sound to the recipients of this article, which says that "he who is opponent once, it always is," and, therefore, feel the opposition is not new for trainer, who will attempt to instill calm and confidence with your experiencia.Este article has no more claim than sharing in informal terms some of that experience, without what is said here is equivalent to axiom, but quite the opposite. Each opponent is a world, an island in itself, and must be met to hear and deemed appropriate for themselves, being aware of their own ability and time available, so while hear lots of advice, he should consider where it came from the council and what is best for you. Do not forget that in the famous question "for whom the bell tolls," the answer was clear: "it tolls for thee" and translated into terms college, "for me and all my teammates, but by me first ".
"Every opponent is a world, an island in itself, and must attend to what should hear and judge for themselves, being aware of their own ability and the time available"
oppositions, all are difficult. They pose a double challenge: extrinsic and intrinsic . The first, program to be studied, which is the same for all, a principle that applies here also sound, the "par conditio opositorum", ie for the program, agenda-all opponents are of equal status. As to the intrinsic difficulty, in turn, it involves internal and external factors, is derived from the theory of talents ", the skill and dedication of each of their personal and family circumstances, and contingencies , remember that "when contested to one, contested to the whole family." Once discovered what a secret and to the "panic" that produces the initial call on the opponent, what do? Keeping calm, sometimes this requires extra effort, "you have to plan something as important as the strategy to follow, because, after all, the battle begins against the" dark side ", consisting of topics and tiempo.Con the rapid passage of a calendar in hand, a realistic view of the possibilities at the first year and an approximate date of commencement thereof, are often planned the "returns" to the program and what appeals like to go, it is to be ready for testing on schedule, for although the draw will be that we "light up" on the approximate date will be late to react if the number our part in the drawing is "very low", and if it is "very high", probably will have to change strategy. In this number there are many misgivings, but as I said to myself, "any number is approved", however, recognize that some are more "comfortable" than others. The mission almost impossible, having given consideration to arrive at the final lap in the shortest time possible, but for this the work of "compression" must begin months earlier. The first of the planned returns, although "brisk", should be good, to finally settle the issues, because where once we doubt, hesitate forever, and each turn is faster and shorter than the previous. Usually shop around "slow", a couple of months at most, cutting on up to what will be the last. And in the duration of the last is where full individual capacity: Normally the last lap will be between ten and fifteen days, even if there are those who give much less (no matter the opponent, at this stage of party themes endure up to fifteen days, if they are well studied, of course-). Everything depends on whether you follow the " system turns" or the "accumulation " The first is to advance los temas, algo así como llenar la mochila cada semana y vaciarla al final, de tal forma que cuando se termina el último tema se sigue por el primero (lo recomendable es avanzar en todas las partes a la vez, al igual que está dividido el programa; este es un sistema más rápido y requiere que los temas estén bien fijados); el sistema de “acumulación” consiste en no dejar los temas que uno tiene estudiados, sino que, a la vez que se repasan éstos se avanza con temas nuevos (el avance es más lento, la mochila se va llenando poco a poco, y el opositor puede tener más seguridad y confianza).
" Aunque el opositor oirá muchos consejos, debe sopesar de dónde proviene el consejo and what is best for you "
Both systems have been used successfully by many opponents, so we can rest assured that not one of those famous" gas experiments. As always, there are some issues that will be a little more "dense", and they study recommended several weeks in a row, in this way will achieve a double objective: To know the subject well and gain confidence. On these issues, and all-is useful to know how long the exposure the last question, to have controlled and avoid unnecessary trouble. Remember that the timer is a diabolical machine that always moves against our wishes, "Fly" a few times and "no go" other, contrary to what we need. It is not advisable "to betting" with the issues, is well known because of attraction of estudiado.Huelga not have to say that, at all times during the months before the examination, the opponent must stay healthy because mishaps can ruin the work. This becomes more important in the days before the test, where the physical and mental reach superhuman levels, which is not uncommon that, after examination, occurrence of a physical collapse, regardless of resultado.Y the day comes that we are called . If the call is very wide and our number is in the past not to be trusted, there are times that call many opponents who do not attend the call and our numbers, it seemed impossible to perform that day, it is "rewarded". There is a "targeted list" where such opposition is organized review that is present and ready to act, in this way, not only the Court can evaluate whether to expand or not to call, but the opponents themselves, invited or not can calculate when examined. But beware, for experience shows that sometimes presents who is not expected, and vice versa.
"Mission almost impossible is to reach the examination had given the final lap in the shortest time possible, but for this the work of "compression" must begin months before "
is also desirable that the opposition made a" prior determination "of the room for familiar with it, taking a break or even going to do some exercise (sessions are public at the beginning of the performance of each opponent). From this knowledge can be extracted small but important practical details , even to study the attitude of Tribunal.Y members finally, comes the turn of the numbers next to ours, a crucial time for do not know if the exercise is complete, there will be withdrawals or exclusions. It is absolutely essential to be concentrated from entering the two or three previous, sitting or walking, but of course, trying to keep the peace, something quite difficult, moreover, "for which is very useful to take a deep breath. In the moments before the Court call the opponent it must be near the door of the room, so you do not have to look hurriedly no one will, but his companions, "and that the opposition does not come exhausted and gasping the room, in addition, the Court should not be expected. When you enter the room, there is a gap between door and the table where we sit, it is advisable not to go "running", but slowly, because between nerves and racing, when the opposition feels "is like a pudding." Sitting or standing, the opponent draw issues (balloting), the President of the Court shall record on paper and give it to the opposition, warning that has five (my God, five!) Minutes take notes or reflect . On the table there will be a program, paper, pen, a mug or water bottle and a glass, very careful juggling bottle, jar or glass, because the nerves can betray and leave the table and hopefully! embalses.A were the five minutes, if the opponent has not started his presentation, the Chief Justice asked to start, and here we must point out something very important: The time starts counting from the President allows the opponent to start and not since it makes the opponent. For its part, the opponent can not exhausting five minutes, which requested and was granted permission to start his presentation. When you start the show, the first few minutes are difficult, due to nerves, almost babbling, but do not worry, it lasts a couple of minutes, until they are "tuning, steady the ship and sets the direction" of it is aware the Tribunal.
"The timing is a diabolical machine that always moves against our wishes," Fly "a few times and" no go "other, contrary to what we should" From here, you have to maintain concentration, there to "fight" against the chair that her discomfort wants to "throw us out" - and against time, which gallops without mercy at the speed of light, "because it" moment "of truth, we were waiting, which is to give everything, with pride and dignity. In military terms, we must "fight to the death" because, as the Romans said, "Fortunately iuvat bold. " Good luck to all

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The other side of the table: Member of Court! The oppositional

What should an opponent Notaries? How should you prepare for your workout? González Palomino made these questions and added that these issues, of such interest to the opposition, are not resolved or even addressed in any serious and worthy book. Are nostrums that communicate secretly among themselves the uninitiated, but it seems shameful proclamation.

The truth is that the first duty of the opposition is the rules of the game ultimately to play clean. These rules are very simple and in a competition in which every invented, such as those of notaries, known to every opponent. In addition, coaches are responsible for repeated again and again insistently. When one is on the other side of the table, ie when it is part of a court, the opposition naturally appears very differently. Being a member of a tribunal not to be in "the dark side." On the contrary, there are many things that are seen more clearly than when you opponent or even coach. I will refer to some I remember from my time as a member of a Tribunal. One that surprised me is that, despite the opposition last month, the Court never neglected or fall into a rut. The weeks pass, succeed opponents but listening to everyone with the same interest as the first day. Any Tribunal is mindful that there is no time playing and relaxing care.
also curious how you get to know opponents. Valdano would say, an hour at a Court of competitions lasting more than sixty minutes. And when that time ends during the year the Court still has a very clear recollection of each opponent, who also goes by cooling in the coming weeks, because the grading is done with reference to aprobados.Hay opponents and to try to make things easy the Tribunal. There are opponents that do not focus your exercises correctly, you may not have very clear that what the Court wants to hear. Some even have a great talent and worked hard in preparation, but do not know what is intended in the exercises, and failure occurs. I'll try to explain how they see things from the other side and, therefore, what should be the objectives of opositor.Esos objectives are different exercises in oral and written.

In oral exercises (the first and second) the objector must show that you know the positive law or, colloquially, who knows what the law says. I'm not talking about whether to say more or less items or if you have to say them more or less verbatim. The question is how to focus the issues. The preparation should aim to achieve this objective and can give some guidelines:

1 .- having always in view and get used to use legal texts, although the books cited and copied, or themes. Managing the legal texts only learns what they say and where you say (I quote again Palomino) .2 .-.

Having a definition in the law (although the purpose of the law does not provide definitions) are not necessary doctrinal definitions, even more perfect.

3 .- In general, the doctrinal controversies interest are those that revolve around to legal texts and the problems they pose, rather than purely theoretical or conceptual.

4 .- It should be borne in mind the jurisprudence and doctrine of the Directorate General of Registries and Notaries that interprets and applies the legal texts, although it seems wrong. What matters is the law that applies, lives and serves as a right and not what one believes to be right (again Palomino).

oral exercises in there are issues that come to hear not complete even once during the entire opposition. The opposition to that play is removed forever. I remember, for example, had never heard the issue of the Catholic Church (which is now item 20 of the Civil with the addition of associations). Another issue which panic is 3 Civil Foral law and, above all, the jurisdiction of State and the Autonomous Communities. And few topics. Admittedly they are not comfortable topics to begin an exercise. But today all the items are made (better or worse). It is a pity that an opponent who has studied 135 subjects of civil, not be able to make a chore of dressing and defend one of those subjects who retire at all.

The third exercise is to write an opinion on a theme of English Civil Law, Common and Foral, Commercial Law, Mortgage or Attorney. Issues that are proposed in this year, says Attorney Regulation that will focus on cases of positive law. Again we find the positive law . But obviously the focus of this exercise has to be different than in the oral exercises. The opponent who gets the opinion has already passed the first two years and has demonstrated its understanding of the issues. It is now time to demonstrate that in addition to learn the songs, has assimilated and therefore know how to apply the positive law to a specific problem, a real case. This requires reason and solve the case. But more importantly the reasoning behind the solution. Unless those issues are clearly resolved by jurisprudence and doctrine, almost everything is debatable, provided that reasonably well.
One last question general. The Notary is a practical lawyer practicing a profession with the public. Those who pass the examinations will exercise the profession of notary, which is a direct and constant contact with people. The Notary is an institution of legal custody, and the notary must give security to those who come to his office. If approved after a document or having attended a consultation the client tells the notary that has been tranquil, that means he has done a good job. The notary can not be alarmist or alarming. Have a Notary he was devastated for having authorized a defective writing and client consoled him saying: Do not worry Mr. Notary and we'll fix it. The notary, in addition to the "science" that is supposed to have to have control and security. Therefore, a court assesses primarily scientific and technical readiness of the opponent. Can not be otherwise. But it is very positive that the opponent is persuasive, it is expressed with order and clarity, that to the point, avoiding the vagaries and originality. In short, we can not help the nerves at the time of examination, but it is good to show poise and control, in short, normal. Of course, the opponent will say he expects the same Court, but that is a matter for another article.

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hard years! THE TEN COMMANDMENTS OF

Interview, a legal journal that approved of the opposition últma:

Among the 110 who passed a competition to which they aspired 2,800 lawyers. "You have emerged from a lengthy preparation that has left you exhausted, but this is not the end of your work", I congratulated the Minister of Justice.

The average time spent by applicants who have taken part in preparing for these competitions has been placed in nine years . The "title" who has spent less time on these tests is held by the youngest, Gustavo Parco, 26, who spent three to make some tests that managed to get to the first. He admits he has been lucky, though the effort of those three years' time to 0:14 study hours, no holidays, no Christmas ... "Never forget while I live. Preparation and testing
Among other opponents have used eight years and this was his third attempt, the third opposition they faced, the charm. "Eight years", commented, "means ten hours daily from Monday to Saturday, and before further examination, it means saying goodbye to the holidays, or at most a one week away years when you can no more, it also means saying goodbye to many things that people our age do, like some odd jobs, etc.. In short, nothing at all "

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FIRST .- .- company Work Work in a work environment more productive. Find yourself a partner (or more) that are at your level. Share with them your concerns and your hopes. Be each other prosecutors and mutual encouragement. If both or you and a companion Teacher, much better. SECOND

.- work with constancy. You do not need many hours each day, but a few hours every day. Violent efforts not stand the test of time. Or health. Do not get more run first, and above all, goes further. THIRD

.- Working with method. Fixed issues ration each day and for each subject. Important notice: You have to study and learn the songs that one would like and the issues that one does not interest you (this command will be more effectively met if in each subject by studying the issues and level). Do not leave any matter, little importance that you think are, for last minute items that end are those who leave the impression exercise. Pay careful attention to tax law. In practice, private law has to walk through the channels that allows the Treasury, and we must find the passages and avoid the gullies. And when a matter is not studied in his time, or know or learn later. FOURTH

.- Working with the same books .- Few books but good books. Do not pretend to reinvent the wheel, or do research monographs in each subject. The best is the enemy of the good. Fernando Campuzano said that it is better to study a book ten times ten books at once. Books, like comrades and friends, are known only after long time of constant treatment. Will books better than yours. But with your reflection on your books, you can get that there is none for you better than yours. FIFTH

.- Working with legal texts .- Ten always in sight and get used to find the legal texts, even if you cite and copy of your favorite books. Managing the legal texts only learns what they say and where you say. Consultation and keep in mind the case law interpreting and applying legal texts, even if it seems wrong. Your role will be to serve and not show off. To serve, it is important that apply, live and serve as a right, not what you think should be right.

SIXTH .- Time and space .- Rehearse a reasonable allocation of time, watch in hand, and sacrifice all the possibilities of time, in any combination of topics in all subjects. SEVENTH

.- Reflection .- own personality .- reacts to the book. Use it as a guide and not as a pill or disk. Record your reactions and consult your notes frequently, you'll get surprises: sometimes nice, sometimes funny. Estimate of you have more personality than your ability to recite the opinions of others. But do not confuse the personality, which is modest, with the smug arrogance. Do not waste time to proclaim your merits and virtues. If there shall be recognized without having to press and propaganda. If no, you will be exposed to public shame, with costs. EIGHTH

.- .- Speaking and writing Ensáyate in "say" issues. Know one thing to say it is not always know. Many times we do not know that one thing well known, and it is unfortunate to hear about it in the middle of an exercise.
Keep in mind that if the oral exercise usually gives the square, the letter gives the post which is quality and profit. Not in vain we call letters and "sabidores the writing craft."
Without prior training in the wording does not even have the material advantage of the ease of the pen, be a dead weight in your hands. The written exercises are two: writing and reasoned opinion, projected tax assessment.
An opinion is an oral and written, but the technical solution to a real problem on an assumption of fact, the logical progression of his argument, as positive law and case law interpreting it.
Choose from a failure or a decision to the facts, and without reading the recitals try writing them yourself. Confront then your solution and your reasoning with the dice to the case. And critically reflect on the differences.
For writing exercises can be guided by any manual forms, modifying to your liking, making learning as an official notary. In its day I am grateful for the advice.

NINTH .- No hurry .- The previous commands are enclosed in it, namely fair play. The now may be a decisive influence on your future, because if you create a reputation, it is then difficult to dismiss the case, and not always possible. Do not cast on until contested to honestly believe that you are able to do so. The Notary
not reach further, or before, who else runs. Good luck pays almost always a psychological strain of super-man or, what is more strange, but true with an inferiority complex. One is never enough preparation, in the sense of not having nothing new to learn ... not be forgotten. But there is a point of maturity, one must know better than you, if you're not a fool or a shy, that lets you and, honestly, do your own examinations. TENTH

.- .- know how to lose opposition has a beautiful and hard sporting sense of emulation and improvement. Losing is when the knights show to be. Ours is a profession of gentlemen. Who can not lose, showing thereby that it is not worthy of being a Notary.
is better to lose to lose, and know how to lose is to win. Study calmly the cause of your failure, with purpose of amendment, and the success of others, for the purpose of emulation.
is a good companion. And loyal. Your enemy is not the opponent, or the Tribunal. But the issues. And yourself! Do not get discouraged. To succeed in the trials of opposition in the Notarial Register Juricatura, Attorney, State Bar (the entrance and climb) and life in general, not require exceptional quality, but good will, perseverance and fair play . Anyone with happy memory and narrative brilliance and luster resources, has good cards in the game. But even without those wins, has won forever (or at least almost always) who has had success.