The Mexican Legal System (Reference Guides to National Legal Systems)

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International Encyclopaedia of Laws topics vary: Oceana Publications, [ KJ Butterworth Legal Publishers, [ KJ Bender, [ K There are some collections of national laws, by country or region, that contain English language translations. Some individual codes and laws are also available in translation. The German Penal Code: Hein, [ KK Hungarian Rules of Law in Force Budapest: Oceana, [ KE Russia and the Republics: Transnational Juris Publications ; U.

In addition to the databases mentioned above, see the following sites for access to foreign law on the web. Note the breadth of subjects covered.

IGOs can be a good source for translated laws and information. To locate more foreign laws on the web, see the "web guides" mentioned above and Foreign and International Law Resources: Some countries do provide selected laws in English, see these same web sites for access to these sources as well. A good place to find out if the country of interest produces compilations of court decisions is through the sources mentioned in the previous section.

Keep in mind that in many countries, court decisions are not considered primary law and there may not be any official publication of decisions. Also, in some countries, only the country's highest court will issue its decisions.

Civil law (legal system)

Periodicals and journals may be the best source for decisions. Relevant LawCat subject headings: Check the sections on "Court Reports" in T. This section will tell you whether the country issues official reports or if you must look in other sources, such as periodicals. Lexis contains summaries or the full-text of some case law from Australia, Canada, England, Ireland, Mexico, and a few others. Westlaw also contain some case reporters for the UK and Europe.

It important to note that in many countries, legal periodicals act as unofficial sources for case decisions.

Foreign and Comparative Law

While there are many publications that translate the text of a foreign law, there are relatively few sources for case law. International Law Reports London: Sijthoff and Noordhoff, [ KJ Bulletin on Constitutional Case Law Strasbourg: Venice Commission, [ K To locate compilations of cases in English, try LawCat searches using relevant subject headings or keyword searches. Secondary legislation, regulations and administrative decisions are often sought after. These sources may be even more elusive than statutory law and caselaw. Start by using the sources mentioned in the above sections.

Relevant subject headings include: Secondary sources may be another way to track down relevant sources. If a country publishes an official gazette as most civil law systems do , you have a better chance of locating regulations, notices, circulars, etc. Law Library, Library of Congress, or T.

Rothman, for more information. Consult The Bluebook , Rule 20 and Table 2, for assistance with citing to foreign law. Unfortunately, not all jurisdictions are listed in Table 2, so follow the general guidelines noted in Rule C35 or Australian Guide to Legal Citation. Periodical literature is a good way to obtain background information, locate the text of a foreign law, a citation, or locate information about a subject.

To obtain the best results, use periodical indexes to locate relevant articles. For more assistance with locating journal literature, see Sources for Locating Journal Articles. To access the databases labeled UCB only from home, be sure to set the proxy settings on your browser. Index to Foreign Legal Periodicals London: Institute of Advanced Legal Studies Chicago: American Association of Law Libraries, [ K2. A multilingual index to articles and book reviews appearing in approximately legal journals published worldwide, except those from the U.

This is the only print index with good historical coverage. Covers legal journals, yearbooks, institutes, bar association organs, law reviews, and government publications originating in the United States, Canada, Great Britain, Ireland, Australia, and New Zealand. Legal Information Resources Ltd. Coverage is from on. Public Affairs Information Service, [print version available in main library]. Provides international coverage of materials in government, international relations, legislation, political science, statistics, and related areas.

Oceana, [ K An excellent source for locating English-language articles and books. There are a variety of databases that provide access to full-text journal articles UCB only. Other databases that compile a variety of sources newsletters, news articles, reports can be good places to find the text of a law, a summary, or an explanation. To locate bilingual or polyglot dictionaries with English as one of the languages, use the following subject headings:.

These are also available on Lexis. West, [Reference Desk K Hein, [Reference Desk K Online dictionaries in many languages.

Often you will need other information about a country, such as its GDP, its political leaders, literacy rates, etc. There are many print and electronic sources for this information. Europa Publications, [Reference Desk K5. Foreign and Comparative Law. Foreign and International Law Resources: Arranged alphabetically by country or region. NYU's collection of Foreign Databases — Collections Similar to the site above, except the sites are organized by collections.

University of Michigan, Research Guide: Introduction to Foreign Legal Research. World Law Legal Information Institute. Constitutions Constitutions -- [country] Constitutional history -- [country] Constitutional law -- [country] Constitutional courts -- [country]. The Constitution Finder University of Richmond. Constitutional Law Washlaw Web Site. National Constitutions Constitution Society.

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Constitutions of the Americas and the Caribbean Georgetown University. The Rise of Modern Constitutionalism, - E5 C65 ]. American Law Sources Online. Annual Review of Population Law covers a variety of topics: Election Law Resource Ace Project. World Trade Organization good source for laws associated with trade topics, see the trade topics page and the official documents database. To determine the full title of an unfamiliar abbreviation, try the following resources: Civil law , or civilian law , is a legal system originating in Europe, intellectualised within the framework of Roman law , the main feature of which is that its core principles are codified into a referable system which serves as the primary source of law.

This can be contrasted with common law systems; the intellectual framework of which comes from judge-made decisional law , and gives precedential authority to prior court decisions, on the principle that it is unfair to treat similar facts differently on different occasions doctrine of judicial precedent , or stare decisis. Historically, a civil law is the group of legal ideas and systems ultimately derived from the Corpus Juris Civilis , but heavily overlaid by Napoleonic , Germanic , canonical , feudal, and local practices, [3] as well as doctrinal strains such as natural law , codification, and legal positivism.

Conceptually, civil law proceeds from abstractions, formulates general principles, and distinguishes substantive rules from procedural rules. Civil law is often paired with the inquisitorial system , but the terms are not synonymous. There are key differences between a statute and a codal article. The most pronounced features of civil systems are their legal codes , with brief legal texts that typically avoid factually specific scenarios. The purpose of codification is to provide all citizens with manners and written collection of the laws which apply to them and which judges must follow.

It is the most widespread system of law in the world, in force in various forms in about countries.

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Where codes exist, the primary source of law is the law code , a systematic collection of interrelated articles, [7] arranged by subject matter in some pre-specified order, [8] that explain the principles of law, rights and entitlements, and how basic legal mechanisms work. Law codes are simply laws enacted by a legislature , even if they are in general much longer than other laws.

Other major legal systems in the world include common law , Islamic law , Halakha , and canon law. The Scandinavian systems are of a hybrid character since their background law is a mix of civil law and Scandinavian customary law and they have been partially codified. A prominent example of a civil-law is the Napoleonic Code , named after French emperor Napoleon. The code comprises three components:.

Rather than a compendium of statutes or catalog of case law , the code sets out general principles as rules of law. Unlike common law systems, civil law jurisdictions deal with case law apart from any precedent value.

Civil law (legal system) - Wikipedia

Civil law courts generally decide cases using codal provisions on a case-by-case basis, without reference to other or even superior judicial decisions. Civil law is sometimes referred to as neo-Roman law, Romano-Germanic law or Continental law. The expression "civil law" is a translation of Latin jus civile , or "citizens' law", which was the late imperial term for its legal system, as opposed to the laws governing conquered peoples jus gentium ; hence, the Justinian Code's title Corpus Juris Civilis.

Civil law practitioners, however, traditionally refer to their system in a broad sense as jus commune , literally "common law", meaning the general principles of law as opposed to laws specific to particular areas. The use of "common law" for the Anglo-Saxon systems may or may not be influenced by this usage. Civil law takes as its major inspiration classical Roman law c. AD 1— , and in particular Justinian law 6th century AD , and further expanded and developed in the late Middle Ages under the influence of canon law.

In some it went into force wholesale by legislative act, i. Roman law continued without interruption in the Byzantine Empire until its final fall in the 15th century. However, given the multiple incursions and occupations by Western European powers in the late medieval period, its laws became widely implemented in the West. It was first received in the Holy Roman Empire partly because it was considered imperial law , and it spread in Europe mainly because its students were the only trained lawyers. It became the basis of Scots law , though partly rivaled by received feudal Norman law.

In England, it was taught academically at Oxford and Cambridge , but underlay only probate and matrimonial law insofar as both were inherited from canon law, and maritime law , adapted from lex mercatoria through the Bordeaux trade. Consequently, neither of the two waves of Roman influence completely dominated in Europe.

Roman law was a secondary source that was applied only when local customs and laws were found lacking on a certain subject. However, after a time, even local law came to be interpreted and evaluated primarily on the basis of Roman law, since it was a common European legal tradition of sorts, and thereby in turn influenced the main source of law.

Eventually, the work of civilian glossators and commentators led to the development of a common body of law and writing about law, a common legal language, and a common method of teaching and scholarship, all termed the jus commune , or law common to Europe, which consolidated canon law and Roman law, and to some extent, feudal law. An important common characteristic of civil law, aside from its origins in Roman law, is the comprehensive codification of received Roman law, i. The earliest codification known is the Code of Hammurabi , written in ancient Babylon during the 18th century BC.

However, this, and many of the codes that followed, were mainly lists of civil and criminal wrongs and their punishments.

The codification typical of modern civilian systems did not first appear until the Justinian Code. Germanic codes appeared over the 6th and 7th centuries to clearly delineate the law in force for Germanic privileged classes versus their Roman subjects and regulate those laws according to folk-right. Custumals were commissioned by lords who presided as lay judges over manorial courts in order to inform themselves about the court process.

The use of custumals from influential towns soon became commonplace over large areas. In keeping with this, certain monarchs consolidated their kingdoms by attempting to compile custumals that would serve as the law of the land for their realms, as when Charles VII of France in commissioned an official custumal of Crown law. Two prominent examples include the Coutume de Paris written ; revised , which served as the basis for the Napoleonic Code, and the Sachsenspiegel c.

The concept of codification was further developed during the 17th and 18th centuries AD, as an expression of both natural law and the ideas of the Enlightenment. The political ideals of that era was expressed by the concepts of democracy , protection of property and the rule of law. Those ideals required certainty of law, recorded, uniform law. So, the mix of Roman law and customary and local law gave way to law codification. Also, the notion of a nation-state implied recorded law that would be applicable to that state. There was also a reaction to law codification. The proponents of codification regarded it as conducive to certainty, unity and systematic recording of the law; whereas its opponents claimed that codification would result in the ossification of the law.

In the end, despite whatever resistance to codification, the codification of European private laws moved forward. Codifications were completed by Denmark , Sweden , Prussia , France , and Austria Germany , and Switzerland adopted their own codifications. These codifications were in turn imported into colonies at one time or another by most of these countries. The Swiss version was adopted in Brazil and Turkey In the United States, U. In Japan, at the beginning of the Meiji Era, European legal systems—especially the civil law of Germany and France—were the primary models for the judicial and legal systems.

In addition, it formed the basis of the law of the Republic of China , which remains in force in Taiwan. Furthermore, Korea, Taiwan, and Manchuria, former Japanese colonies, have been strongly influenced by the Japanese legal system.

The Mexican Legal System (Reference Guides to National Legal Systems) The Mexican Legal System (Reference Guides to National Legal Systems)
The Mexican Legal System (Reference Guides to National Legal Systems) The Mexican Legal System (Reference Guides to National Legal Systems)
The Mexican Legal System (Reference Guides to National Legal Systems) The Mexican Legal System (Reference Guides to National Legal Systems)
The Mexican Legal System (Reference Guides to National Legal Systems) The Mexican Legal System (Reference Guides to National Legal Systems)
The Mexican Legal System (Reference Guides to National Legal Systems) The Mexican Legal System (Reference Guides to National Legal Systems)
The Mexican Legal System (Reference Guides to National Legal Systems) The Mexican Legal System (Reference Guides to National Legal Systems)
The Mexican Legal System (Reference Guides to National Legal Systems) The Mexican Legal System (Reference Guides to National Legal Systems)
The Mexican Legal System (Reference Guides to National Legal Systems) The Mexican Legal System (Reference Guides to National Legal Systems)
The Mexican Legal System (Reference Guides to National Legal Systems)

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