Forums > General > General Forum

Mary

Oct 19, 2002, 7:09 PM

Post #1 of 4 (1109 views)

Shortcut

Judicio Amparo: What is This?

Can't Post |

Does anyone know what this procedure is, and how it is used in Mexico? I understand it is brought in criminal court as a protection against some sort of government illegal action. Anyone know more/better? Thanks.

brad

Oct 20, 2002, 7:09 AM

Post #2 of 4 (1103 views)

Shortcut

Judicio Amparo: What is This?

Can't Post |

IANAL especially a Mexican lawyer but was involved once in a dispute with the government and an amparo was used.Sort of like an injunction.It doesn't have an exact equal in common law. There are different types of amparos and not just criminal cases. They are used to challenge judicial decisions or laws. They protect against unlawful proceedings such as procedural error on the part of a judge (i.e. an arrest warrant without probable cause, phony criminal charges), unconstitutional laws or regulations, illegal administrative actions against someone (the street merchants use amparos to keep the government from removing their puestos from sidewalks, property disputes etc.)Maybe someone with precise knowledge of their application will enlighten us. : Does anyone know what this procedure is, and how it is used in Mexico? I understand it is brought in criminal court as a protection against some sort of government illegal action. Anyone know more/better? Thanks.

RexC

Oct 20, 2002, 1:10 PM

Post #3 of 4 (1104 views)

Shortcut

Judicio Amparo: What is This?

Can't Post |

As I understand it, (and I have been known to be wrong on very,very rare occaisions :-), An Amparo is similar to an injunction, but they do not set a legal precededent, but apply only to the case it is issued for. So, if a law is passed making it illegal to drive a red car, and I go to court and get an Amparo stating that the law is unconstitutional, I can continue to drive my red car. But, that decision only applies to me. Other owners of red cars are still driving illegally until they go to court and win their own Amparo.There was some talk a year or so ago, to change the mexican Constitution/laws to make an Amparo set a legal precedent. I haven't read anything recently about any proposed changes though. I doubt much will happen to change it. It is a great fee generater for the lawyers, and judges.It is also hard to compare the legal procedures written under The Napolionic Code, to English based laws used in The U.S.A. NOw, someone that really understands more about this procedure can do the correcting of my post :_)Rex 
: IANAL especially a Mexican lawyer but was involved once in a dispute with the government and an amparo was used.: Sort of like an injunction.It doesn't have an exact equal in common law. There are different types of amparos and not just criminal cases. They are used to challenge judicial decisions or laws. They protect against unlawful proceedings such as procedural error on the part of a judge (i.e. an arrest warrant without probable cause, phony criminal charges), unconstitutional laws or regulations, illegal administrative actions against someone (the street merchants use amparos to keep the government from removing their puestos from sidewalks, property disputes etc.): Maybe someone with precise knowledge of their application will enlighten us.: : : Does anyone know what this procedure is, and how it is used in Mexico? I understand it is brought in criminal court as a protection against some sort of government illegal action. Anyone know more/better? Thanks.

Perry March Case in Point

Oct 21, 2002, 5:32 AM

Post #4 of 4 (1104 views)

Shortcut

Judicio Amparo: What is This?

Can't Post |

It is what he has done to avoid the old "bota de Mexico".
: As I understand it, (and I have been known to be wrong on very,very rare occaisions :-), An Amparo is similar to an injunction, but they do not set a legal precededent, but apply only to the case it is issued for. : So, if a law is passed making it illegal to drive a red car, and I go to court and get an Amparo stating that the law is unconstitutional, I can continue to drive my red car. But, that decision only applies to me. Other owners of red cars are still driving illegally until they go to court and win their own Amparo.: There was some talk a year or so ago, to change the mexican Constitution/laws to make an Amparo set a legal precedent. I haven't read anything recently about any proposed changes though. I doubt much will happen to change it. It is a great fee generater for the lawyers, and judges.: It is also hard to compare the legal procedures written under The Napolionic Code, to English based laws used in The U.S.A. : NOw, someone that really understands more about this procedure can do the correcting of my post :_): Rex 
:
: : IANAL especially a Mexican lawyer but was involved once in a dispute with the government and an amparo was used.: : Sort of like an injunction.It doesn't have an exact equal in common law. There are different types of amparos and not just criminal cases. They are used to challenge judicial decisions or laws. They protect against unlawful proceedings such as procedural error on the part of a judge (i.e. an arrest warrant without probable cause, phony criminal charges), unconstitutional laws or regulations, illegal administrative actions against someone (the street merchants use amparos to keep the government from removing their puestos from sidewalks, property disputes etc.): : Maybe someone with precise knowledge of their application will enlighten us.: : : : : Does anyone know what this procedure is, and how it is used in Mexico? I understand it is brought in criminal court as a protection against some sort of government illegal action. Anyone know more/better? Thanks.