COMPETENCY ACHIEVEMENT ASSESSMENT

LEVEL IV

Surname Salazar Chamorro Semester

Names Jhosselyn Cycle XI
Campus LIMA NORTH Classroo virtual
m
Subject INTERNSHIP - TERMINAL 1 Shift M T N
Teacher Carlos Urteaga Regal Date 03 07 21

Level IV
XI TERMINAL PRE-PROFESSIONAL INTERNSHIP I

I. INSTRUCTIONS:
- This evaluation has a duration of 1 hour.
- Bibliographic materials, codes, laws, etc. can be used.
- The following will be taken into account as evaluation criteria: coherence of ideas,
spelling and order in writing.

The following are the specific competencies being evaluated, each with their respective
questions, which must be answered through analysis, synthesis and reflection.

COMPETENCE N° 01:
Applies law based on reasoning, logic and legal argumentation to offer fair and efficient
solutions.

ANSWER:

1. How should a legal practitioner react when he/she finds defects, deficiencies or gaps in
the legislation? (2 points)
ANSWER:
When we find gaps or deficiencies and defects in the law, the rule tells us that we must resort to
the general principles of law. Thus, the general principles of law are criteria that express a
deontological judgment about the human conduct that should be followed in a certain situation;
each one of them is a criterion that expresses the behavior that men must have in their exchange
relations, not as sentient beings, but as beings that subsist in the intelligence that conceives them.
Likewise, caution must be exercised and a careful assessment must be made in order to use the
one that best guarantees legal certainty, legality and justice. Since, in the appraisal, the reason for
the choice of a certain principle over another must be explained, making clear the impossibility of
applying the one that turned out to be less fair.
COMPETENCY 2
He defends the rights of individuals, communities and nations through litigation strategies
appropriate to the specific case, with ethics and social responsibility, seeking justice and equity
in all situations in which he intervenes.

ANALYZE:

CASE N° 01:

2. Agustín is pursuing a claim for boundary delimitation of a piece of mountain land. The
claim was filed last month and he has not had any news of the process until a few days
ago he was notified with a Decree stating that his claim had not been accompanied by
the plans offered as evidence and that the other documents were not legible, granting
him a period of 2 days to correct this defect. Agustín was mortified by the news because
when he delivered the documents he corroborated that they were enclosed, a fact that
motivated the reception of the writ by the judicial personnel at the office of the court; in
addition, he noticed that the requested plans were very old and that he could only find a
copy of them at the local Municipality, which is 3 days away and where the process
takes 1 more day.In addition, he noticed that the required plans were very old and that
he could only find a copy of them at the local Municipality, which is 3 days away and
where the process takes 1 more day. What recourse could Agustín file? Justify your
answer:( 2 points)

ANSWER:

By means of a request for an extension of the claim, since it could be declared inadmissible if it
cannot comply with what is required.

COMPETENCY 3
Develops proposals for conflict resolution and defense strategies in the different entities
of the public administration oriented to decision making, for the integral development of
the country within the framework of unrestricted respect for the Constitution and Human
Rights.

ANSWER:
3. What would be your contributions if you were invited to participate in a scientific project,
such as the creation of a crime observatory? (2 points)
 In the first place, Criminology studies precisely the causes of crime and, therefore, contributes to
the proposal of integral solutions for better social control, which is the purpose of Criminological
Policy, which is a state policy and not a sectoral policy. The purpose of the Observatory of Violence
and Crime is to provide criminological science with valuable phenomenological data so that,
confronted with economic and social data, and after the corresponding analysis, criminological
policy can adopt pertinent actions, measures and programs to counteract crime.

COMPETENCY 4.
Applies legal rules and principles based on logic, reasoning and legal argumentation to prevent
and resolve corporate conflicts.

ANSWER:
4. According to current judicial custom and practice, a civil case file where the claim has
been admitted has the following order: (1.5 point)

a) The document of claim, writ of summons and writs of notification, then the
plaintiff's DNI, annexes offered as evidence numbered with the number of the
document followed by the corresponding literal and the court fee.
b) The writ of summons and writs of notification, the writ of complaint, the annexes
offered as evidence numbered with the number of the writ followed by the
corresponding literal, the plaintiff's DNI and the court fee.
c) The writs of notification, the writ of summons, the plaintiff's ID card, annexes
offered as evidence numbered with the number of the writ followed by the
corresponding literal, the court fee and the writ of claim.
d) The plaintiff's DNI, annexes offered as evidence numbered with the number of the
writ followed by the corresponding literal, the judicial fee and the writ of claim, writ
of summons and writs of notification.
e) None of the above.

The following are procedural principles in the Administration of Justice: (1.5 points)

a) Legality, immediacy, concentration, celerity, proportionality, reasonableness and

procedural economy.
b) Legality, immediacy, concentration, free service, publicity and procedural
economy.
c) Legality, immediacy, concentration, celerity, preclusion, equality of the parties,
orality and procedural economy.
d) Legality, immediacy, concentration, celerity, formality, tuition and procedural
economy.
 e) All are correct.

COMPETENCE N° 05:

Apply the norms, jurisprudence and international treaties with a critical sense, to contribute to
the economic development and social peace of the country.

ANALYZE:
CASE N° 02:
5. Juan Pérez, ACCOUNTANT and public servant appointed in the Provincial Municipality
of San Martín, who according to the vacation schedule, was due to take his vacations in
the month of
April of this year, however, the General Manager of said Entity, by means of
Memorandum N°00123-2013-MDC dated March 27, 2013, has informed him that his
vacations are suspended due to the need of service, since in the month of July the process
of Revocation of the Mayor of this Municipality will be carried out and he needs his office to
be up to date in all his balances and reports. Juan Pérez, submits his written request to be
authorized to use his vacations, and this document is sent to your office as legal advisor of
said entity. How would you resolve this case? (1 point)

ANSWER:
In any case, the worker must agree in writing with his employer to accumulate up to two
consecutive annual rest periods, provided that after one year of continuous service, he enjoys at
least one rest period of 7 calendar days. In addition to this, the employer must pay a remuneration
for the work performed, another one for the vacation leave acquired and not taken, and
additionally an indemnity equivalent to one remuneration for not having taken the leave (in
practice only two remunerations are paid since the remuneration for having worked on vacation is
understood to have been paid in due time). The above is often referred to as the "holiday triple".
This compensation is not subject to payment or withholding of any contribution, however, it will
not correspond to the managers or representatives of the company who have decided not to make
use of the vacation break.

ANALYZE:

CASE N° 03:
 7. Luisa has filed for divorce on the grounds of infidelity against Marco. In resolving the
case, the Judge declared the claim unfounded, stating that there was insufficient
evidence to corroborate the infidelity, despite the fact that, in the legal grounds, the
existence of an extra-marital child was indicated and the birth certificate of Juan, who
has been recognized by Marco, was attached as evidence. Luisa appealed to the
Superior Chamber, however, this instance confirmed the resolution declaring the lawsuit
unfounded. If a cassation appeal is filed, what infringement of the law should Luisa
allege? Support your answer. (1 point)

Due to the effect of continued adultery, the action for divorce on the ground of adultery is
expedited to be exercised, to the extent that the living relations of the guilty spouse with a person
other than his or her spouse subsist. With regard to the acceptance and consent of the adultery
alleged by the defendant, we can maintain that there is no reliable document in the file that proves
such fact, since mere knowledge does not prove acceptance or consent.

With respect to the ancillary claim for compensation, the plaintiff does not present sufficient
evidence to prove the moral damage, and therefore this legal claim should not be upheld.

COMPETENCE N° 06:

Investigates socio-legal relationships in the different branches of law, with ethical and moral
sense to prevent and resolve conflicts.

CASE N° 04:

8. Generally the owner of the vehicle is jointly and severally liable with the direct author of
the damage, indicate those circumstances in which the owner of the vehicle, according
to the vehicle registrar, may be excluded from the obligation to indemnify.
Name an example with respect to any such circumstances. ( 2 point)

ANSWER:

Article 1972 of the Civil Code[30] is applicable here, since the driver of a motor vehicle or its owner
shall not be liable if he proves that the damage was caused by an act of God, by a third party or by
the victim himself. Furthermore, it should have been established that the damaging event that, as a
consequence of the plaintiff's imprudence, it is clear that the defendant is not obliged to repair the
damage, in application of the aforementioned art. 1972.
GENERIC COMPETENCIES

CG2. Uses strategies of formative research for the development of their scientific
attitude, adapting them pertinently to the nature of the curricular experience.

09.- Proposes three research topics as a consequence of the different curricular experiences
developed. (3 points)
a) Implementation of a system for the immediate allocation of food in case of imminent risk to the
child, independence 2020.
b) Incidences of Legal Ineffectiveness in the Protection of Victims of Trafficking in Persons for Sexual
Exploitation, lima 2019.

c) Trafficking in persons for the purpose of sexual exploitation and the legal ineffectiveness of
victim protection, puno 2019.

CG3. Applies teamwork strategies, with assertiveness and responsibility for the
achievement of common goals.
10.- According to the nature of the competition, the teacher will evaluate according to his/her
participation: (2 points)

ANSWER:
Assertive communication facilitates good planning; it contributes to the coordination of teamwork,
and is fundamental to overcome resistance in times of change. Another important aspect is the
coordination between colleagues to be able to share the work and attach all the information in
order to have a clear idea.

CG8. Demonstrates personal and interpersonal skills, based on values, to promote coexistence
and respect for interculturality, demonstrating their leadership skills and democratic attitude.
11.- According to the nature of the competition, the teacher will evaluate according to his/her
participation: (2 points)

ANSWER:
Essential skills for adequate social coexistence. Ability to
communicate in an affective and effective way.

Ability to establish and maintain interpersonal relationships. Likewise,

knowledge of oneself.