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

Frontpage Slideshow | Copyright © 2006-2011 JoomlaWorks Ltd.

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


Lunch at the Michigan Bar Exam - East Lansing

Tuesday, July 26, 2016 - 11:30 am

Detroit Mercy Law will provide complimentary boxed lunches for alumni taking the Michigan Bar Exam on July 26 and July 27. Look for us outside the Breslin Center near Gate C during your lunch break each day. You can sit and relax or grab and go - whichever you prefer. For additional details, please contact Denise Hickey, Assistant Dean of Alumni Relations.


Red Mass 2016 - Atrium

Tuesday, September 20, 2016 - 12:00 pm

Detroit Mercy Law will host its 104th annual Red Mass on Tuesday, September 20, at noon at Ss. Peter & Paul Jesuit Church, followed by a complimentary luncheon in the atrium. Rev. Fred Kammer, S.J., J.D., will celebrate the Mass. Father Kammer is a Jesuit priest, an attorney, and a member of the Southern Province of the Jesuits. He has been director of the Jesuit Social Research Institute since March of 2009. Hon. Victoria Roberts of the U.S. District Court for the Eastern District of Michigan will lead the Renewal of the Lawyer's Oath of Commitment.

Red Mass is an opportunity for law students, judges, lawyers, civic leaders, faculty, staff, and administrators of all faiths to come together and celebrate the beginning of the new judicial term and academic year. The School has hosted the Red Mass on behalf of the Archdiocese of Detroit at Saints Peter and Paul since the School opened in 1912.


Reception at the State Bar of MI Annual Meeting in Grand Rapids - Amway Grand Hotel

Thursday, September 22, 2016 - 4:30 pm

Dean Phyllis L. Crocker will host a cocktail reception for Detroit Mercy Law alumni, State Bar dignitaries, members of the judiciary, faculty, and students at the Annual Meeting of the State Bar of Michigan at the Amway Grand Plaza Hotel in Grand Rapids on September 22 from 4:30 – 6:00 p.m.  She will make remarks at 5:15 p.m.

Event Details>>


Golf Outing - The Inn at St. John's

Friday, September 30, 2016 - 12:00 pm

Detroit Mercy Law will host a Golf Outing on September 30 at The Inn at St. John's in Plymouth, with a shotgun start at 12:00 p.m. followed by dinner and an awards ceremony at 6:00 p.m. All alumni, faculty, staff, administrators, students, and their guests are welcome to attend this exciting new event as part of Detroit Mercy's Homecoming festivities. More information will follow soon. Please contact
Denise Hickey or Amy Smith with any questions.

Save the Date Card>>

NEWS

  • Lawyers could take voluntary online tests to assess skills

    While Michigan is ripe for some improvements in continuing legal education, a task force that recently studied the issue doesn’t believe that includes adopting the mandatory approach used by most other states..

    Read More

  • Professor Larry Dubin Quoted in The Detroit News

    Detroit Mercy Law Professor, Larry Dubin, was recently quoted in The Detroit News on the report that Wayne County prosecutors delayed sharing evidence with Davontae Sanford's attorneys that would have exonerated him. Sanford spent eight years in prison for murders he did not commit according to the report.

    Read More

  • Nate Mark ’18 Recently Published in the State Bar of Michigan’s Real Property Law Section E-Newsletter

    Detroit Mercy Law Student, Nate Mark, recently published an article in the State Bar of Michigan's Real Property Law Section e-newsletter.

    Read More

  • Ryan VanOver ’17 Addresses Drone Surveillance in the Detroit News

    The Detroit News recently published an op-ed piece by Ryan VanOver '17, on the issue of unlawful drone surveillance. VanOver recommends that the Michigan Legislature amend the statute to regulate recreational drone users.

    Read More

  • Vanessa Guerra ’17, Balances Law Studies with State Legislative Duties

    Legal News profiled Vanessa Guerra '17, who is currently serving her first term as State Representative in Michigan's 95th District. She is the youngest member of the House and serves as a trustee for Bridgeport Township, treasurer of Michigan Legislature's Progressive Women's Caucus and on the Governor's Criminal Justice Policy Commission.

    Read More

  • Detroit Mercy Law Community Mourns Those Killed in Orlando

    We were deeply saddened to learn that Christopher Andrew Leinonen, one of the people murdered on Sunday at the nightclub in Orlando, was the son of one of our graduates, Christine Leinonen ('98). Christopher's partner, Juan Guerrero, was also killed in the nightclub massacre. The two families are now planning a joint funeral instead of the wedding they had been anticipating. The death of every person at the club is tragic. Our prayers and thoughts go out to Christine and her family, to the Guerreros, and the families and friends of every person killed Sunday morning.

    Phyllis L Crocker

    Dean and Professor of Law
    University of Detroit Mercy School of Law