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


January 5, 2017: Prospective Student Open House - Detroit Mercy Law Campus

Thursday, January 5, 2017 - 5:00 pm

Find out why men and women have been choosing Detroit Mercy Law for over 100 years for their legal education.  Learn how Detroit Mercy Law not only teaches you the law, but teaches you how to be a lawyer.  Through your education here, you will become a lawyer who makes a difference in your workplace and your community.  

Attendees will have the opportunity to tour the campus and speak with admissions representatives, faculty, and current students.  


International IP Law Clinic Launch - Atrium

Wednesday, January 11, 2017 - 12:00 pm

University of Detroit Mercy School of Law and University of Windsor Faculty of Law will launch their joint International Intellectual Property Law Clinic on Wednesday, January 11, from 12:00 - 2:00 pm in the atrium of Detroit Mercy Law. Leaders of the U.S. Patent & Trademark Office and the Canadian Intellectual Property Office will join IP attorneys from both countries, faculty, students, alumni, and media to celebrate this one-of-a-kind clinic and discuss collaborations between the schools and the countries' IP offices. For additional information about the event and sponsorship opportunities, please contact Assistant Dean Denise Hickey.

READ MORE     REGISTER ONLINE

SPONSORSHIP OPPORTUNITIES


Walk in Wednesday - Detroit Mercy Law Campus

Wednesday, January 18, 2017 - 5:00 pm

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


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 15 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.

READ MORE

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.

NEWS

  • Professor Nevill-Ewell awarded Micro Grant

    Florise Neville-Ewell 2

    Congratulations to Professor Florise Neville-Ewell for her Micro Grant award to be used for the Veteran Town Hall Meeting Project. The Mission Micro Grant Program awards annual grants to Detroit Mercy faculty or staff members in support of activities that promote Detroit Mercy's mission of being a Catholic, Mercy, Jesuit, urban and student-centered university. 

  • Legal News Features Bill Ladd ('79)

    Legal News recently featured a profile on Bill Ladd ('79) who has spent his entire career in the protection of the rights of Children and is one of a handful of attorneys certified as an expert in child abuse/neglect in Michigan by the National Association of Counsel for Children. 

    Read the full article here. 

  • 3L Saeb Haidar placed second in the Michigan Education Law Writing Competition

    Haidar Saeb

    Third-year student Saeb Haidar won second place in the Michigan Education Law Writing Competition, conducted by Michigan State University College of Law.

    Students from any Michigan law school could participate by writing a client letter on a provided hypothetical, with practicing education law attorneys serving as judges. The winners were honored at a reception on November 16.

    After learning of the results, Haidar said that he takes pride in showing that Detroit Mercy Law students can successfully compete with students from any other Michigan law school
    .

  • Professor Gary Maveal Publishes Editorial on Michigan's Public Water Issues

    Professor Gary Maveal published a front-page editorial in the Detroit Legal News on Michigan's management of public water resources. Prof. Maveal questions the priorities of the state government and ponders reforms.

    READ MORE

  • Dual JD Student Michael Valenti Follows in his Grandfather's Footsteps

    Michael Valenti is following in the footsteps of his grandfather, Toronto lawyer Paul Valenti – who at 89 continues to practice law full time. Valenti is a third-year student in the Canadian & American Dual J.D. Program. He serves as the Executive President of Detroit Mercy Law's Student Bar Association. His goal for the SBA is to create an environment of inclusivity and foster student involvement.

    READ MORE

  • Oakland County Bar Foundation Grant Supports Immigration Law Clinic

    The Oakland County Bar Foundation has awarded Detroit Mercy Law's Immigration Law Clinic a grant to expand the Clinic's work with Oakland County residents in need of immigration services.

    READ MORE