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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.