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Author: William D Signet Publisher: ISBN: Category : Languages : en Pages : 172
Book Description
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
Author: William D Signet Publisher: ISBN: Category : Languages : en Pages : 172
Book Description
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
Author: Ioan Grillo Publisher: Bloomsbury Publishing USA ISBN: 1635572797 Category : Political Science Languages : en Pages : 417
Book Description
“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.
Author: Jonathan Bartholomew Bird Publisher: ISBN: Category : Divorce Languages : en Pages : 355
Book Description
"For Better or Worse: Divorce and Annulment Lawsuits in Colonial Mexico (1544-1799)" uses petitions for divorce and annulment to explore how husbands and wives defined and contested their marital roles and manipulated legal procedure. Marital conflict provides an intimate window into the daily lives of colonial Mexicans, and the discourses developed in the course of divorce and annulment litigation show us what lawyers, litigants and judges understood to be appropriate behavior for husbands and wives. This dissertation maintains that wives often sued for divorce or annulment not as an end in itself, but rather as a means to quickly escape domestic violence by getting the authorities to place them in enclosure, away from abusive husbands. Many wives used a divorce or annulment lawsuit just to get placed in enclosure, without making a good faith effort to take the litigation to its final conclusion. "For Better or For Worse" also argues concepts of masculinity, rather than notions of honor, played a strong role in the ways that husbands negotiated their presence in divorce and annulment suits. This work thus suggests a new way to interpret the problem of marital conflict in Mexico, showing how wives ably manipulated procedural law to escape abuse and how men attempted to defend their masculine identities and their gendered roles as husbands in the course of divorce and annulment lawsuits.
Author: Francisco E. Balderrama Publisher: UNM Press ISBN: 0826339743 Category : Social Science Languages : en Pages : 438
Book Description
During the Great Depression, a sense of total despair plagued the United States. Americans sought a convenient scapegoat and found it in the Mexican community. Laws forbidding employment of Mexicans were accompanied by the hue and cry to "get rid of the Mexicans!" The hysteria led pandemic repatriation drives and one million Mexicans and their children were illegally shipped to Mexico. Despite their horrific treatment and traumatic experiences, the American born children never gave up hope of returning to the United States. Upon attaining legal age, they badgered their parents to let them return home. Repatriation survivors who came back worked diligently to get their lives back together. Due to their sense of shame, few of them ever told their children about their tragic ordeal. Decade of Betrayal recounts the injustice and suffering endured by the Mexican community during the 1930s. It focuses on the experiences of individuals forced to undergo the tragic ordeal of betrayal, deprivation, and adjustment. This revised edition also addresses the inclusion of the event in the educational curriculum, the issuance of a formal apology, and the question of fiscal remuneration. "Francisco Balderrama and Raymond Rodríguez, the authors of Decade of Betrayal, the first expansive study of Mexican repatriation with perspectives from both sides of the border, claim that 1 million people of Mexican descent were driven from the United States during the 1930s due to raids, scare tactics, deportation, repatriation and public pressure. Of that conservative estimate, approximately 60 percent of those leaving were legal American citizens. Mexicans comprised nearly half of all those deported during the decade, although they made up less than 1 percent of the country's population. 'Americans, reeling from the economic disorientation of the depression, sought a convenient scapegoat' Balderrama and Rodríguez wrote. 'They found it in the Mexican community.'"--American History
Author: David S. Kaplan Publisher: World Bank Publications ISBN: Category : Languages : en Pages : 36
Book Description
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.
Author: Matías Romero Publisher: Legare Street Press ISBN: 9781020772757 Category : Languages : en Pages : 0
Book Description
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.
Author: Philippa Strum Publisher: Landmark Law Cases & American ISBN: 9780700617180 Category : Education Languages : en Pages : 0
Book Description
"Gives a full account of the legal issues and legacy of the landmark law case, which was the first case in which segregation in education was successfully challenged. By the author of Women in the Barracks: The VMI Case and Equal Rights." -- Provided by publisher.
Author: Timothy Lytton Publisher: University of Michigan Press ISBN: 047202180X Category : Law Languages : en Pages : 446
Book Description
"Mass tort litigation against the gun industry, with its practical weaknesses, successes, and goals, provides the framework for this collection of thoughtful essays by leading social scientists, lawyers, and academics. . . . These informed analyses reveal the complexities that make the debate so difficult to resolve. . . . Suing the Gun Industry masterfully reveals the many details contributing to the intractability of the gun debate." -New York Law Journal "Second Amendment advocate or gun-control fanatic, all Americans who care about freedom need to read Suing the Gun Industry." -Bob Barr, Member of Congress, 1995-2003, and Twenty-First Century Liberties Chair for Freedom and Privacy, American Conservative Union "The source for anyone interested in a balanced analysis of the lawsuits against the gun industry." -David Hemenway, Professor of Health Policy & Director, Harvard Injury Control Research Center Harvard School of Public Health Health Policy and Management Department, author of Private Guns, Public Health "Highly readable, comprehensive, well-balanced. It contains everything you need to know, and on all sides, about the wave of lawsuits against U.S. gun manufacturers." -James B. Jacobs, Warren E. Burger Professor of Law and author of Can Gun Control Work? "In Suing the Gun Industry, Timothy Lytton has assembled some of the leading scholars and advocates, both pro and con, to analyze this fascinating effort to circumvent the well-known political obstacles to more effective gun control. This fine book offers a briefing on both the substance and the legal process of this wave of lawsuits, together with a better understanding of the future prospects for this type of litigation vis-à-vis other industries." -Philip J. Cook, Duke University "An interesting collection, generally representing the center of the gun-control debate, with considerable variation in focus, objectivity, and political realism." -Paul Blackman, retired pro-gun criminologist and advocate Gun litigation deserves a closer look amid the lessons learned from decades of legal action against the makers of asbestos, Agent Orange, silicone breast implants, and tobacco products, among others. Suing the Gun Industry collects the diverse and often conflicting opinions of an outstanding cast of specialists in law, public health, public policy, and criminology and distills them into a complete picture of the intricacies of gun litigation and its repercussions for gun control. Using multiple perspectives, Suing the Gun Industry scrutinizes legal action against the gun industry. Such a broad approach highlights the role of this litigation within two larger controversies: one over government efforts to reduce gun violence, and the other over the use of mass torts to regulate unpopular industries. Readers will find Suing the Gun Industry a timely and accessible picture of these complex and controversial issues. Contributors: Tom Baker Donald Braman Brannon P. Denning Tom Diaz Howard M. Erichson Thomas O. Farrish Shannon Frattaroli John Gastil Dan M. Kahan Don B. Kates Timothy D. Lytton Julie Samia Mair Richard A. Nagareda Peter H. Schuck Stephen D. Sugarman Stephen Teret Wendy Wagner
Author: William D Signet
Author: William D Signet
Author: Ioan Grillo
Author: Mexican American Legal Defense and Educational Fund
Author: Jonathan Bartholomew Bird
Author: Francisco E. Balderrama
Author: David S. Kaplan
Author: R.R. Ortegon
Author: Matías Romero
Author: Philippa Strum
Author: Timothy Lytton