A Mexican Law Suit
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Civil Litigation In Mexico
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Author : William D Signet
language : en
Publisher:
Release Date : 2020-08-02
Civil Litigation In Mexico written by William D Signet and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-08-02 with categories.
This book is intended to provide the foreign professional with a functional understanding of Mexican civil litigation, obviously not to litigate in Mexican courtrooms but to understand and deal effectively with local counsel and other professional counterparts.In doing so it tries to negotiate the opposing problems of being too general and too detailed. As the Mexican system owes much to the civil law tradition of Continental Europe, much can be gained from a knowledge of its overriding themes: for example, the basic schema of civil matters being regulated at the level of the states, of commercial matters at the federal; the weight still given to pleading "forms of action;" the extremely abbreviated phase in which evidence may be produced and presented, with very limited opportunities for discovery; the absence of a jury; and the relatively greater weight given to verbal versus oral testimony. In addition, the Mexican system has features of its own: among these, the looming presence of its famous (or infamous) amparo proceeding, which adds another layer of review (and delay, depending on one's point of view).At the same time, the book takes a close view at the fine print of procedures that may either involve, or puzzle, the foreign professional. It delves rather deeply into the types of evidence that are generally produced in Mexican litigation, with important distinctions made between party and non-party testimony; "public" versus "private" documents; and the great pressure brought on opposing experts to agree with each other, within certain tolerances. It emphasizes the importance placed on joining documentary evidence to the original pleadings; and the lack of sympathy for inconsistent or amended pleadings and theories. It takes the reader through what happens on the day of "trial" (that word is a misnomer). Some foreign counsel may be shocked to learn they may not witness the court's oral examination or opposing counsel's cross-examination of their own clients. The law is explained primarily through the lens of one code of civil procedure, that adopted in the Federal District, which has also served as a teaching model in Mexican law schools. While the basic template is an "ordinary" civil lawsuit, the book devotes several chapters to the distinctive summary process known as the juicio ejecutivo, or "executory lawsuit" (author's translation), which is often used to enforce secured claims, or claims based on negotiable instruments and other types of documents. Two chapters are devoted to ordinary appeals (which are relatively complicated) and the amparo proceeding, which is a direct attack on the lower court based on its alleged violation of constitutionally guaranteed rights. Finally, in the last chapter, the author summarizes and opines on Mexico's recent attempt to introduce "orality" into its court procedure, a process that over the past decade has achieved mixed results and differing reviews. The author concludes that its main benefit, and most lasting impact, will be in changing the culture of the courtroom, towards greater transparency.Rodolfo Rivera, a law professor, and a professional tasked with hiring local counsel around the world on behalf of a Fortune 500 company, has written: "Few U.S. lawyers understand the legal intricacies of Mexican litigation better than Bill [author]. Civil Litigation in Mexico is the first English language book that lays out the themes, nuances and the peculiarities of litigation in this very important country... It is long overdue!"William D. Signet has practiced many years in both U.S. and Mexican law firms, and taught Mexican law at the University of Texas Law School. He is the author of several treatises, books and law review articles on the subject, including the five-volume Mexican Law Library (West Group), and Introduction to the Mexican Real Estate System (Carolina Academic Press). He graduated from Columbia University Law School and the Parker School of Foreign & Comparative La
Justice By Insurance
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Author : Woodrow Borah
language : en
Publisher: Univ of California Press
Release Date : 2024-07-26
Justice By Insurance written by Woodrow Borah and has been published by Univ of California Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-07-26 with History categories.
As Western Europe expanded its empires in the sixteenth and seventeenth centuries, it came to dominate many peoples, especially in America, whose cultures and legal systems differed dramatically from its own. The resulting conflicts of both law and custom posed difficult problems: How could these conflicting laws and customs be adjusted within a common political administration? And, in particular, how could legal remedy be provided for groups of lesser political weight? Woodrow Borah vividly depicts one of the more unusual institutions that arose in response to these problems—the General Indian Court of New Spain. In what is today Mexico, the conquering Spaniards had at first attempted to preserve such Indian customs as were deemed not contrary to reason or Christianity. However, as interpreted by Spanish judges, so much turned out to be "contrary" to these standards that native customs were soon recast in largely Spanish norms. At the same time, the conquered Indians discovered the uses of the Spanish courts, unleashing a flood of litigation. The ensuing social and economic upheaval sparked great concern among Spanish administrators and jurists. The result was the establishment of the General Indian Court, a remarkably innovative special jurisdiction vested in the viceroy and corps of legal aides. Expenses were paid from a small contribution by each Indian family—in effect, legal insurance. Woodrow Borah analyzes the kinds of cases that came before this court, the decisions it reached, and the policies underlying these decisions. He enriches this study by examining the separate but parallel structures in the Yucatan peninsula and on the seigneurial estate of Hernán Cortés, and by comparing the General Indian Court to the tribunals of Guadalajara, which had no similar special arrangements. The development of the General Indian Court and the relation of the legal aides to their Indian clients and to other lawyers form a complicated story of both service and exploitation and contribute an important chapter to the history of colonial Mexico. This title is part of UC Press's Voices Revived program, which commemorates University of California Press’s mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1983.
The Annual Report Of Mexican American Legal Defense And Educational Fund
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Author : Mexican American Legal Defense and Educational Fund
language : en
Publisher:
Release Date : 1971
The Annual Report Of Mexican American Legal Defense And Educational Fund written by Mexican American Legal Defense and Educational Fund and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1971 with Mexican Americans categories.
Enforceability Of Labor Law Evidence From A Labor Court In Mexico
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Author : David S. Kaplan
language : en
Publisher: World Bank Publications
Release Date : 2016
Enforceability Of Labor Law Evidence From A Labor Court In Mexico written by David S. Kaplan and has been published by World Bank Publications this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with categories.
The authors analyze lawsuits involving publicly-appointed lawyers in a labor court in Mexico to study how a rigid law is enforced. They show that, even after a judge has awarded something to a worker alleging unjust dismissal, the award goes uncollected 56 percent of the time. Workers who are dismissed after working more than seven years, however, do not leave these awards uncollected because their legally-mandated severance payments are larger. A simple theoretical model is used to generate predictions on how lawsuit outcomes should depend on the information available to the worker and on the worker's cost of collecting an award after trial, both of which are determined in part by the worker's lawyer. Differences in outcomes across lawyers are consistent with the hypothesis that firms take advantage both of workers who are poorly informed and of workers who find it more costly to collect an award after winning at trial.
Blood Gun Money
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Author : Ioan Grillo
language : en
Publisher: Bloomsbury Publishing USA
Release Date : 2021-02-23
Blood Gun Money written by Ioan Grillo and has been published by Bloomsbury Publishing USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-02-23 with Political Science categories.
“An eye-opening and riveting account of how guns make it into the black market and into the hands of criminals and drug lords.”--Adam Winkler From the author of El Narco and winner of the Maria Moors Cabot Prize, a searing investigation into the enormous black market for firearms, essential to cartels and gangs in the drug trade and contributing to the epidemic of mass shootings. The gun control debate is revived with every mass shooting. But far more people die from gun deaths on the street corners of inner city America and across the border as Mexico's powerful cartels battle to control the drug trade. Guns and drugs aren't often connected in our heated discussions of gun control-but they should be. In Ioan Grillo's groundbreaking new work of investigative journalism, he shows us this connection by following the market for guns in the Americas and how it has made the continent the most murderous on earth. Grillo travels to gun manufacturers, strolls the aisles of gun shows and gun shops, talks to federal agents who have infiltrated biker gangs, hangs out on Baltimore street corners, and visits the ATF gun tracing center in West Virginia. Along the way, he details the many ways that legal guns can cross over into the black market and into the hands of criminals, fueling violence here and south of the border. Simple legislative measures would help close these loopholes, but America's powerful gun lobby is uncompromising in its defense of the hallowed Second Amendment. Perhaps, however, if guns were seen not as symbols of freedom, but as key accessories in our epidemics of addiction, the conversation would shift. Blood Gun Money is that conversation shifter.
Land Grants And Lawsuits In Northern New Mexico
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Author : Malcolm Ebright
language : en
Publisher:
Release Date : 1994
Land Grants And Lawsuits In Northern New Mexico written by Malcolm Ebright and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1994 with Land grants categories.
Chicano Students And The Courts
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Author : Richard R Valencia
language : en
Publisher: NYU Press
Release Date : 2008-10-01
Chicano Students And The Courts written by Richard R Valencia and has been published by NYU Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-10-01 with Law categories.
In 1925 Adolfo ‘Babe’ Romo, a Mexican American rancher in Tempe, Arizona, filed suit against his school district on behalf of his four young children, who were forced to attend a markedly low-quality segregated school, and won. But Romo v. Laird was just the beginning. Some sources rank Mexican Americans as one of the most poorly educated ethnic groups in the United States. Chicano Students and the Courts is a comprehensive look at this community’s long-standing legal struggle for better schools and educational equality. Through the lens of critical race theory, Valencia details why and how Mexican American parents and their children have been forced to resort to legal action. Chicano Students and the Courts engages the many areas that have spurred Mexican Americans to legal battle, including school segregation, financing, special education, bilingual education, school closures, undocumented students, higher education financing, and high-stakes testing, ultimately situating these legal efforts in the broader scope of the Mexican American community’s overall struggle for the right to an equal education. Extensively researched, and written by an author with firsthand experience in the courtroom as an expert witness in Mexican American education cases, this volume is the first to provide an in-depth understanding of the intersection of litigation and education vis-à-vis Mexican Americans.
Enforceability Of Labor Law
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Author : David S. Kaplan
language : en
Publisher:
Release Date : 2008
Enforceability Of Labor Law written by David S. Kaplan and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Adjudication categories.
Abstract: The authors analyze lawsuits involving publicly-appointed lawyers in a labor court in Mexico to study how a rigid law is enforced. They show that, even after a judge has awarded something to a worker alleging unjust dismissal, the award goes uncollected 56 percent of the time. Workers who are dismissed after working more than seven years, however, do not leave these awards uncollected because their legally-mandated severance payments are larger. A simple theoretical model is used to generate predictions on how lawsuit outcomes should depend on the information available to the worker and on the worker's cost of collecting an award after trial, both of which are determined in part by the worker's lawyer. Differences in outcomes across lawyers are consistent with the hypothesis that firms take advantage both of workers who are poorly informed and of workers who find it more costly to collect an award after winning at trial.
Civil Procedure
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Author : Stephen C. Yeazell
language : en
Publisher: Aspen Publishing
Release Date : 2022-09-14
Civil Procedure written by Stephen C. Yeazell and has been published by Aspen Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-09-14 with Law categories.
Civil Procedure, 11th edition by Yeazell, Schwartz, and Carroll provides students with a working knowledge of the procedural system. In Civil Procedure, the authors employ a pedagogical style that offers flexible organization at a manageable length. The book introduces students to the procedural system and provides them with techniques of statutory analysis. The included cases are factually interesting and do not involve substantive matters beyond the experience of first-year students. The problems following the cases present real-life issues. Finally, the book incorporates a number of dissenting opinions to dispel the notion that procedural disputes always present clear-cut issues. New to the Eleventh Edition: Addition of co-author Professor Maureen Carroll of Michigan Law School, an expert in civil procedure, class actions, and civil rights litigation, and an award-winning teacher. Updated personal jurisdiction chapter with streamlined opinion excerpts and additional cases reflecting the Supreme Court’s most recent decisions and cutting-edge jurisdictional questions. Increased attention to settlement dynamics and pressures throughout the book. Addition of contemporary cases that illuminate the impacts of civil procedure on issues of race, gender, and civil rights. Updated statistics and information about civil litigation in the United States, including the high proportion of unrepresented litigants. Professors and students will benefit from: Teachable, well-structured casebook featuring a clear organization, concisely edited cases chosen to be readily accessible to first-year students, textual notes introducing each section that highlight connections between material, and practical problems Manageable length which allows the class to get through this complex course material in limited hours Flexible organization, adaptable to a variety of teaching approaches Clear, straightforward writing style, making the material accessible to students without oversimplifying Effective overview of the procedural system, which provides students with a working knowledge of the system and of techniques for statutory analysis Assessment questions and answers at the end of each chapter, to help students test their comprehension of the material
A Mexican Law Suit An Address Delivered Before The Department Of Jurisprudence Of The American Social Science Association At Saratoga September 5 1895
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Author : Matías Romero
language : en
Publisher: Legare Street Press
Release Date : 2023-07-18
A Mexican Law Suit An Address Delivered Before The Department Of Jurisprudence Of The American Social Science Association At Saratoga September 5 1895 written by Matías Romero and has been published by Legare Street Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-07-18 with categories.
In this impassioned and well-reasoned address, Romero presents a forceful case in defense of Mexican sovereignty and the rights of its citizens in a complex legal dispute. Drawing on his experience as a diplomat and legal expert, he argues persuasively that the rule of law must be respected and upheld, even in the face of powerful and opposing interests. This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work is in the "public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.