STUDY INTERNATIONALLY

STUDY INTERNATIONALLY

  • Dual JD program with the University of Windsor
  • Extensive international law and comparative law courses
  • Established relationship with Universite d’Auvergne in Clermont-Ferrand, France

HANDS-ON LEARNING FROM DAY ONE

HANDS-ON LEARNING FROM DAY ONE

  • A legal writing program that starts in the first year and continues through the upper level courses.
  • A clinical program that ensures every student the opportunity to represent a client.
  • A unique law firm program that allows students to engage in simulated cases and transactions in specific practice areas.

EXPAND YOUR CAREER OPPORTUNITIES

EXPAND YOUR CAREER OPPORTUNITIES

  • Downtown Detroit location provides proximity to courts and employers
  • Strong Alumni Network dedicated to supporting Detroit Mercy Law graduates
  • Ability to pursue a concentration in Immigration Law or Family Law

DEDICATED TO SOCIAL JUSTICE

DEDICATED TO SOCIAL JUSTICE

  • Committed to developing lawyers who serve the public good
  • Committed to serving the Detroit community
  • Founded on Jesuit and Mercy principles of service and the success of each individual

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Basic Mexican Legal Research

Structure:

Mexico is composed of thirty one "free and sovereign [sic] States" and a federal district that encompasses Mexico City (Avalos, 2000, pp. 4-5). As in the United States, the Mexican federal government consists of executive, legislative, and judicial branches (Avalos, 2000, pp. 7-9), although "[t]he legislative branch of the federal government is comprised of the Senate and the Chamber of Deputies" (Avalos, 2000, p. 8) instead of a Senate and House of Representatives.

Mexico's judicial system is overseen by the Suprema Corte de Justicia de la Nation (Avalos, 2000, p. 9). Similar to the U.S. Supreme Court, the Suprema Corte has "final appellate jurisdiction over all state and federal courts" (Avalos, 2000, p. 9). At the federal level, Mexico has both circuit and district courts (Avalos, 2000, p. 9). Mexico also has a Tax Court, Labor Court, and Military Court (Avalos, 2000, p. 10).

Under a savings clause in the 1917 Constitution, each of the thirty one states retains the power to enact its own constitution and laws, provided the laws adopted do not contradict the federal Constitution (Zamora, 2004, p.102). But the apparent analogy to the United States government and federalism falls short; Mexican federalism is generally a highly coordinated autonomy with the federal government maintaining de facto ultimate control (Zamora, 2004, p. 103).

Law:

An even more significant difference between the U.S. legal system (Louisiana notwithstanding) and Mexico is that "Mexico is a civil law country" (Olah, 2005, p. 597). But it differs from other civil law countries in that its "roots [] go back to 16th century Spanish law and to Pre-Columbian indigenous law" (Avalos, 2000, p. 1). When the conquistadores conquered Mexico, they imposed a Spanish rule of law, but retained indigenous "laws and legal institutions" that did not conflict with their own legal system (Avalos, 2000,p. 1). Spain also created new laws specific to Mexico (Avalos, 2000, p. 1). Today, however, all Mexican law is derived from the Constitution enacted in 1917, the Constitucion Politica de los Estados Unidos Mexicanos (Avalos, 2000, p. 3-4).

As a civil law country, Mexico also places a great emphasis on its legislatively created law. Legislative law encompasses statutes (leyes or estatudos) and codes (codigos), and, in some instances, executive branch decrees (Zamora, 2004, p. 81). Statutes consist of regulatory laws and ordinary laws, with regulatory laws controlling in case of conflict (Zamora, 2004, p. 81). Codes are "unitary work[s] that integrate[] all norms of a district branch of law in a systematic, comprehensive, organized, and logical manner" (Zamora, 2004, p. 81). Codes are "definitive and self-sufficient bodies of law" (Zamora, 2004, p. 81). It is assumed that legislative law will be adequate to resolve most issues that arise; therefore, statutes and codes tend to be detailed and lengthy (Avalos, 2000, p. 12).

In Mexico, codes are drafted by legal scholars. Because codes in civil law countries are developed by legal scholars, "the 'authorities' of the civil law tradition were, and continue to be legal scholars, and not judges and lawyers" (Avalos, 2000, p. 12). Accordingly, in countries like Mexico, judges and lawyers look to treatises written by prominent scholars, called doctrina, for authority, just as judges and lawyers in this country look to case law (Avalos, 2000, p. 12). Editorial Porrua publishes a series of "doctrinal treatises by the most prominent legal scholars of Mexico" (Avalos, 2000, p. 15).

Amparo suits (or jucio de amparo) are the most important type of cases heard by federal courts (Avalos, 2000, p. 10). Amparo is unique to the Mexican legal system; there is no equivalent action elsewhere (Avalos, 2000, p. 10). Essentially it is a compellation of multiple common law actions, including the writ of habeas corpus, injunction, error, mandamus, and certiorari (Avalos, 2000, p. 10).

The doctrine of stare decisis does not exist, at least in its United States' form. In Mexico, only the legislature can create new law (Avalos, 2000, p. 12-13). The Suprema Corte and federal courts can, however, "establish formally binding precedent called 'jurisprudencia'...by having five consecutive and consistent decisions on a point of law" (Avalos, 2000, p. 13). Jurisprudencia binds the courts that established it, and lower courts. If a treatise refers to jurisprudencia, it is referring to case law, not the study of law (Avalos, 2000, p. 13).

Researching Mexican Law:

Research on Mexican law begins with a code, or possibly a statute (Avalos, 2000, p. 14). Codes are published by private publishers, primarily Ediciones Andrade and Editorial Porrua (Avalos, 2000, p. 14). And some codes have been translated into English (Avalos, 2000, p.15). Once the proper code is located, scholars must locate the applicable doctrina, or interpretation of the law - the more renowned scholars are published by Editorial Porrua (Avalos, 2000, p. 16). Journals are also a good source for doctrina (Avalos, 2000, p. 16).

Once a researcher has identified the proper codes and doctrine, he or she should search for Suprema Corte jurisprudencia and tesis sobresalientes, important, but not binding decisions (Avalos, 2000, p. 16). Suprema Corte decisions are published in the Semanario Judicial de la Federacion, which is divided into series called Epocas (Avalos, 2000, p. 16-17). "The first four Epocas (1871-1910) are called 'juriprudencia historica'[, and have] no binding force [because] the current Constitution was not [yet adopted]" (Avalos, 2000, p. 17). The Semanario is difficult to use. Therefore, private publishers started publishing decisions "in more accessible formats" (Avalos, 2000, p. 17). Still, many Mexican trained lawyers skip researching jurisprudencia altogether because of its difficulty (Avalos, 2000, p. 18).

Bibliography

  • Avalos, F. (2000). The Mexican Legal System, 2nd Ed. Rothman: Littleton, CO. [KGF150 .A95 2000]
  • Olah, F. (2005-2006). Mexican Civil Code Annotated - Bilingual Edition (book review), Miami Inter-American Law Review, 37, pp. 597-610.
  • Zamora, S., et al. (2004). Mexican Law. Oxford: Oxford University Press. [KGF327 .Z36 2004]

Other Library Resources

  • Henry S. Dahl, Dahl's law dictionary = Diccionario juridico (Hein, 1992) [K52.S6 D33 1992]
  • John Henry Merryman and Rogelio Perez-Perdomo, The Civil Law Tradition: An Introduction to the Legal Systems of Europe and Latin America (3rd ed., Stanford University Press, 2007) [K585 .M47 2007]
  • Jorge A. Vargas, Mexican legal dictionary and desk reference (Thompson/West, 2003) [KGF102 .V37 2003]
  • The Federal Civil Code of Mexico (translated by J. Vargas, Thompson/West, 2005) [KGF404.32 .A52 2005]
  • Mexican commercial code annotated (translated by J. Vargas, Thompson/West, 2005) [KGF1054.31889 .V37 2005]
  • Mexican law : a treatise for legal practitioners and international investors (translated by J. Vargas, Thompson/West, 1998), vols. 1-4 [ KGF333.B86 M486 1998]

EVENTS


Patent Drafting Competition Reception - Atrium

Friday, February 10, 2017 - 5:30 pm

Detroit Mercy Law is hosting its Second Annual Patent Drafting Competition, beginning with a reception on Friday, February 10, from 5:30 - 7:00 pm in the atrium. Competitors from 12 law schools across the U.S. and Canada will join leaders of intellectual property law, including representatives of the U.S. Patent & Trademark Office and attorneys, alumni, faculty, and administrators, to kick-off the competition. The competition will be held on Saturday, February 11, at the USPTO satellite office in Detroit, a few minutes from the Detroit Mercy Law campus. For additional information regarding the event and sponsorship opportunities, please contact Assistant Dean Denise Hickey.

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SPONSORSHIP OPPORTUNITIES


Walk in Wednesday - Detroit Mercy Law Campus

Wednesday, February 15, 2017 - 5:00 pm

Walk-in and visit with an Admissions representative without an appointment during exteneded evening hours.


McElroy Lecture on Law and Religion - Detroit Mercy Law Campus

Thursday, March 2, 2017 - 5:00 pm

Our annual McElroy Lecture provides a forum for prominent thinkers and leaders to address fundamental issues of law and religion. This year's lecturer is Intisar A. Rabb, a Professor of Law at Harvard Law School and Director of its Islamic Legal Studies Program. Dr. Rabb also holds an appointment as a Professor of History at Harvard University and as the Susan S. and Kenneth L. Wallach Professor at the Radcliffe Institute for Advanced Study.

The lecture will be held on March 2, 2017, from 5:00 – 6:00 pm in room 226, followed by a complimentary reception in the atrium.

Register Online for McElroy Lecture>>


Law Review Symposium - Room 226

Friday, March 3, 2017 - 8:30 am

The Law Review will host its annual symposium on March 3, 2017. The symposium will feature legal professionals and scholars from across the country to discuss the American Bar Association's implementation of Standards 314 and 315, which deal with formative assessments in law school classrooms. For more information click HERE.


Erin Go Law Networking Reception - Atrium

Thursday, March 16, 2017 - 5:00 pm

The Board of Directors of the University of Detroit Mercy Law Alumni Association invites judges, attorneys, and Detroit Mercy law students to attend its career networking reception, "Erin Go Law," on Thursday, March 16, from 5:00 - 7:00 p.m. in the atrium of the School of Law. 

Register Online>>         More Information>>

NEWS

  • 2L Dual Student, Maha Mansour, Featured in Legal News

    Mansour MahaCurrent 2L student of the American and Canadian Dual JD Program, Maha Mansour, was featured in the Legal News.

    “It’s extremely challenging which always keeps me motivated to work twice as hard, and gives me an immense feeling of accomplishment,” Mansour said. 

     Read the full article here.

  • Legal News Features 2L Nate Mark

    Mark NathanielLegal News wrote a feature article on 2L student Nate Mark who recently had an article he wrote published in the State Bar's Real Property E-Newsletter. 

    His article, "Builder & Developer Beware: Narrow MCPA License Exemption, & Conditional Right to Amend Declaration", ran in the June 2016 edition.

    Read the full Legal News feature here

  • Professor Aoun Writes Article for The Globe and Mail

    Professor Wissam Aoun, Assistant Professor and Director of the International Intellectual Property Law Clinic, recently wrote an article for The Globe and Mail regarding Canada's regulation of the patent-agent profession. 

    Read the full article here.

  • An Open Letter to the Electors

    An open letter to the electors, written by Detroit Mercy Law Professor, Khaled Beydoun, appeared in a variety of newspapers across the country last week. 

    Read the letter here. 

  • Legal News Interview With Alum Paul C. Young

    Legal News recently interviewed Paul C. Youngs ('98). A practicing defense attorney since '98, Youngs has tried many cases and attended the Criminal Defense Attorneys of Michigan Trial College five different years: 2006, 2007, 2008, 2010 and 2011.

    Read teh full interview here

  • Legal News Features 3L Kristina Tiessen

    Tiessen Kristina Resized

    Detroit Legal news published a feature article on 3L Kristina Tiessen.

    After her 1L year, Tiessen took advantage of her study abroad opportunities and studied International Law in The Hague and Nuremberg, Germany.

    She also interned at Michigan Attorney General's Office in the Civil Rights and Liberties Division and at the United Nations in New York. 

    "The people I met inspired me to become a lawyer dedicated to social justice and change, and inspired me to become a better person."