cuadernillo lectocomprension ingles

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D E P A R T A M E N T O D E I D I O M A S

F A C U L T A D D E D E R E C H O

U N I V E R S I D A D D E B U E N O S A I R E S

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Selección de Textos

Este trabajo de compilación contiene lostextos que se utilizarán para el dictado de lamateria. Los textos ilustran los distintos ejestemáticos abordados para la enseñanza de lastécnicas de comprensión lectora en lenguaextranjera


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INDICE DE TEXTOS POR EJE TEMÁTICO

1. Derecho Constitucional Texto 1: Federal Judiciary.

Texto 2: The Structure Of The Federal Judiciary.

Texto 3: The House of Commons and the House of Lords

Texto 4: Central Features of the English Legal System

Texto 5: Solicitor or Barrister?

2. Derechos Humanos

Texto 6: Human Rights Council Complaint Procedure Texto 7 Human Rights council Complaint Procedure Form

Texto 8: Human Rights Court Rejects New Attempt To Extradite Terror Suspect To US

Texto 9: Prohibition of Torture

3. Contratos Texto 10: What is a Contract? Texto11: E-contracts

Texto 12 New Law Makes e-signatures valid

4. Derecho Procesal Civil Texto 13 How Courts Work:

o Lectura A: Civil Caseso Lectura B: The Appeals Process

Texto 14: Trial By Jury

Texto 15: Trial By Jury. Frequently Asked Questions (FAQ’s)

5. Derecho Penal y Procesal Penal Texto 16: Federal Rules of Criminal Procedure Texto 17: Criminal Procedure: An Overview Texto 18: Famous Cases & Criminal Cases: Al Capone

6. Derecho Comercial (Títulos Negociables) Texto 19: Negotiable Instruments: An Overview. Cornell Texto 20: Business Law Today: Essentials

Texto 21: Negotiable Instruments. Overview. Translegal

7. Derecho Societario Texto 22: Corporations: An Overview Texto 23: Major Forms of Business Organizations Compared


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Texto 24: UK Company Law is Terorism’s Friend

8. Derecho de Familia Texto 25Marriage Texto 26: Florida´s Adoption Information Guide

Texto 27: Grounds for Divorce

9. Derecho Sucesorio

Texto 28: Inheritance Law Texto 29: What is Probate?

Texto 30: Uniform Succession Laws: Intestacy

10. Derecho de Daños

Texto 31: Torts-Your Protection Against Wrongs.

Texto 32: Definitions (Specific Torts -from LII Cornell University School of Law and Nolo'sPlain- English Law Dictionary).

Texto 33:The Nature of Tort Liability - Prof. Sam Blay- University of Technology(Sydney).

Texto 34: Rulings Appear To Be Split In Tort Cases For Coffee Burns (4).

11. Derecho Internacional Privado

Texto 35: International Law Texto 36: International Trade Law: An Overview. Cornell

Texto 37: The Importance of Private International Law for Family Issues in an Era of

Globalization: International Child Abduction

Texto 38: What is the Hague Convention on the Civil Aspects of Child Abduction?

12. Derecho Internacional Público

Texto 39: Researching Public International Law. Definitions Texto 40: The International Court of Justice

Texto 41: Principles of International Law Recognized in the UN Charter. Nüremberg

:


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Sugerencias para la comprensión del textoSeleccionar según su criterio práctico los pasos que le sean más beneficiosos.

Mire el artículo y enumere, desde la presentación gráfica, ¿qué elementos son

fácilmente reconocibles?

Por propia deducción o con ayuda del docente reconociendo términos

transparentes, ¿pudo comprender cuál es el tema del artículo?

Los conocimientos adquiridos pueden ayudarlo en destacar la idea central.

Tenga en cuenta la fuente.

Anticipe, según los pasos anteriores, ¿Cuáles son las palabras claves?

Redacte una lista de sustantivos y verbos.

Docente y Alumno: Analice con el documento el contenido gramatical para

entender la articulación del idioma. Identifique en el texto los patrones

señalados.

Confeccione un glosario con el contenido léxico jurídico.

Enumere las características de un texto descriptivo.

Para la expresión escrita en castellano respete brevedad, claridad y precisión.

Al finalizar cada unidad temática realice una autoevaluación: logros,

dificultades, instrucciones del docente que le resultaron más beneficiosas.


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UNIDAD 1:

DERECHO CONSTITUCIONAL

Texto 1: Federal Judiciary.

Texto 2 : The Structure of Federal Courts

Texto 3 : The House of Commons and the House of Lords.

Texto 4: Central Features of the English Legal System.

Texto 5 : Solicitor or Barrister?


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Texto 1: Federal Judiciary.Fuente: http://www.fjc.gov/federal/courts.nsf/usbranches.gif!OpenImageResource

The Federal Courts and the Other Branches of Government

Where do the federal courts fit into the federal government?

The federal judiciary is one of three equal but distinct branches of the federal government.

The framers of the Constitution created three equal branches to prevent any one branch fromhaving too much power. Our country’s system of government rests on a separation of powers.The legislative branch--Congress--makes the laws. The President and other executive branchdepartments execute and enforce the laws. It is the job of the judicial branch to apply andinterpret the laws and to resolve disputes that arise under them. No branch may performfunctions reserved for the other branches. Federal courts may exercise only judicial powers andperform only judicial functions, and judges may decide only cases that are before them.

The Constitution also creates a system of "checks and balances" among the three branches ofgovernment. This means that each branch has some powers over the other branches. Forexample, the President can veto legislation passed by Congress, which can, in turn, override theveto. The President appoints most federal judges, but the Senate must approve them. Thecourts interpret the laws that Congress enacts and may declare them unconstitutional.

What is judicial independence, and why is it important?

The founders of this country recognized that the judicial branch must remain independent tofulfill its mission effectively and impartially.

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Texto 2 : Structure of the Federal Courts Fuente: http://www.uscourts.gov

Structure of the Federal Courts

Explaining the StructureThe federal courts have a three-part structure,

as explained in the following diagram:

The structure of the federal courts is roughly pyramidal. The Supreme Court is at the top of the

pyramid. The Supreme Court is the highest court in the federal

system. The Supreme Court is often called "the highest court in the land" because it hears appeals

from state courts as well as federal courts. The Supreme Court has nine justices and begins its term

on the first Monday in October of each year.

The Supreme Court hears most cases on appeal. Litigants appeal their cases from a state supremecourt or from a federal Court of Appeals must file for a "writ of certiorari". If four of the nine Justices

agree to issue a writ, the Court will hear the case. The Court also has limited "original jurisdiction"

in some cases.

The Federal Courts of Appeal are the middle part of the pyramid. The Courts of Appeal are divided

into twelve different regions, often known as "circuits". These courts are often known as "circuit

courts". Eleven of the twelve circuit courts handle cases from different states -- for example, the

Eleventh Circuit Court of Appeals in Atlanta handles cases from Alabama, Florida, and Georgia.

The twelfth circuit court is the Court of Appeals for the District of Columbia, and is located in

Washington. Additionally, there is also a United States Court of Appeals for the Federal Circuit,

which hears certain specialized cases.The Federal District Courts are the lowest part of the pyramid. There are 94 judicial districts across

the country, including judicial districts in the District of Columbia, Puerto Rico, the Virgin Islands,

the Northern Mariana Islands, and Guam.

http://www.uscourts.gov/http://www.uscourts.gov/http://www.uscourts.gov/http://www.uscourts.gov/http://www.uscourts.gov/


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Texto 3. The House of Commons and the House of Lords Fuente: http://:www.parliament.uk

The House of Commons and the House of Lords

Parliament has the power to make new laws and change old ones.Parliament's parts

The UK Parliament can be found in Westminster, London. It has three parts:

The House of Commons is made up of 650 Members of Parliament (MPs). We vote for our

MPs and whoever wins represents everyone in our local area (called a constituency) even if

we voted for someone else.

The House of Lords has over 700 members, who are not elected but who have been selected

by the prime minister and appointed by the Queen.

The monarch , our Queen, opens and closes Parliament every year, asks the winning partyin a general election to become the government and officially signs all the laws that

Parliament votes for.

How are laws made in Parliament?

Acts of Parliament are laws of the land that affect us all. For example, laws determine at

what age people can drive cars or vote in elections.

A proposed new law is called a bill. Bills must be agreed by both Houses of Parliament

before becoming laws. This often means that a bill is passed backwards and forwards between the House of Commons and House of Lords, each making changes, until they are

both happy with the exact wording.

This makes sure that the bill is properly thought through and that all the consequences of

the new law have been considered.

Once both Houses have agreed on the bill it can be approved by the Queen. This is called

Royal Assent and means the bill becomes an Act of Parliament and therefore officially a

new law


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Texto:4: Central Features of the English Legal System

Fuente: English Law and Language, Frances Russell and Christine Locke (Prentice Hall Macmillan)

The Characteristics of English Law

The United Kingdom does not have a single legal system. The law in Scotland was

influenced by Roman Law and is different from the law of England, Wales and Northern

Ireland.

The English legal system is centralised through a court structure which is common to the

whole country. It is hierarchical, with the higher courts and judges having more authority

than the lower ones. Some important characteristics of English Law are:

1.- English law is based on the common law tradition. By this we mean a system of “judge

made” law which has continuously developed over the years through the decisions of

judges in the cases brought before them. These judicial precedents are an important source

of law in the English legal system. Common law systems are different from the civil law

systems of Western Europe and Latin America. In these countries the law has been codified

or systematically collected to form a consistent body of legal rules.

2.- English judges have an important role in developing case law and stating the meaning of

Acts of Parliament.

3.- The judges are independent of the government and the people appearing before them.

This allows them to make impartial decisions.

4.- The style of legal reasoning in Common law systems is inductive –reasoning in

individual cases leads to general rules, whereas the style of reasoning in civil law systems is

deductive –decisions are reached by reasoning from general rules to particular cases.

5.- English law is said to be more flexible and dynamic, but we have to remember that

judges, who are the ones who “make the law”, are not part of the legislative body, and that

separate decisions in individual cases may not have a coherent general form. Civil law

systems are said to be more rigid and static legal principles may not correspond to

changing circumstances, but the law is more certain because since it brings together in one

place all the legal rules of the country, making it easier to find the law.

6.- Court procedure in the English legal system is accusatorial. This means that judges do

not investigate the cases before them but reach a decision based only on the evidence


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presented to them by the parties. In continental systems, on the contrary , court procedure is

inquisitorial, which means that judges investigate the case and collect evidence.

Equity

Equity comprises the rules developed by the common law courts in contrast to the rules

developed by the courts of equity or courts of chancery.

In the middle ages, in many situations there was no remedy available at common law.

Thus , a practice developed of appealing directly to the king or to his chief legal

administrator, the lord chancellor, and a new system of law developed alongside the

common law. This system, equity, aimed at achieving more justice and fairness. The two

main examples of equitable remedies are:

a) Injunctions: a court order which requires a party to do or refrain from doing specific

acts.

b) Specific performance: the right to force someone to fulfil a contract rather than simply

pay damages for breaking it.

“Common law” is then the part of law that is opposed to “equity”, the body of rulesadministered by the old courts of equity/chancery (today, the Chancery Division of the

High Court of Justice). Courts of equity or chancery are still maintained as separate

jurisdictions in certain areas of the commonwealth and in some states of the United States.


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Texto 5: Solicitor or Barrister?Fuente: Smith, Tricia, Business Law, Pearson Education Limited, England.

Solicitor or Barrister?

The solicitor is the first point of contact with the law for a client in the UK. The solicitor

listens carefully to the client, making sure their needs are clearly understood and then

explains the legal position and tenders advice.

By contrast, barristers will only see the client in the company of a briefing solicitor. The

barrister is the specialist with particular skills in advocacy, a consultant who will examine

the case and decide what line to take in court. The barrister will be reliant on the detailed

brief prepared by the client’s solicitor.

There are only a few solicitors who are allowed to present cases in the higher courts. Many

more solicitors work in their litigation departments and spend much of their time preparing

briefs for counsel. Barristers are self-employed in the independent Bar. Solicitors are

normally salaried and may be offered a share in the profits of the practice if they are

successful.

The Bar is an advocacy profession. The Bar’s right of audience in the higher courts remains

virtually unchallenged. The work divides equally between civil and criminal law. There are

over 70 specialist areas, including major ones like chancery (mainly property and finance)

and the commercial bar.

Judges in England and Wales have mostly been barristers of 10 years’ standing, then

Queen’s Counsellors, and are appointed by the Lord Chancellor.

Judges cannot work as barristers once they are appointed. A barrister who is a part-time

judge is known as a Recorder. The Crown Prosecutor, who works for the Director of Public

Prosecutions, is responsible for prosecuting criminals based on evidence presented by the

police.

Solicitors do a variety of work -corporate and commercial, litigation, property, private law,

banking and project finance, employment law and environmental law.

Attorney at Law

A person admitted to practice law in their respective state and authorized to perform both civil and

criminal legal functions for clients, including drafting of legal documents, giving of legal advice, and

representing such before courts, administrative agencies, boards, etc.


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Prosecutor

One who prosecutes another for a crime in the name of the government. One who instigates the

prosecution upon which an accused is arrested or who prefers and accusation against the party

whom they suspect to be guilty, as does a district, county, or state´s attorney on behalf of the state,or a United States Attorney for a federal district on behalf of the US government.

In Spain , the universities are in charge of the education of lawyers. Anyone completing a law degree

is entitled to be called a lawyer and may work as a lawyer for a legal practice or in a company.

However, to achieve public office and work for the State Judiciary, as a notary or judge, for example,

graduate lawyers must compete for places through public examinations and then attend judicial

school for two years. They then may be appointed as civil servants anywhere in the country.


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UNIDAD 2:

DERECHOS HUMANOS

Texto 6 : Human Rights Council Complaint Procedure


Form

Texto 8 : Human Rights Court Rejects New Attempt to

Extradite Terror Suspect to US

Texto 9 : Prohibition of Torture

http://www.ohchr.org/EN/NewsEvents/Pages/hrprize.aspx


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Fuente: http://www.ohchr.org/EN/HRBodies/HRC/ComplaintProcedure/Pages/HRCComplaintProcedureIndex.aspx

HUMAN RIGHTS COUNCIL COMPLAINT PROCEDURE On 18 June 2007, the Human Rights Council adopted resolution 5/1 entitled “Institution-Building of the United Nations Human Rights Council” by which a new complaint procedurewas established to address consistent patterns of gross and reliably attested violations of allhuman rights and all fundamental freedoms occurring in any part of the world and under anycircumstances. The complaint procedure addresses communications submitted by individuals, groups, ornon-governmental organizations that claim to be victims of human rights violations or thathave direct, reliable knowledge of such violations. Like the former 1503 procedure, it is confidential, with a view to enhance cooperation withthe State concerned. The new complaint procedure has been improved, where necessary, toensure that the procedure be impartial, objective, efficient, victims-oriented and conductedin a timely manner.

History of situations considered since the establishment of the complaint procedure How does the complaint procedure work? Pursuant to paragraph 94 of resolution 5/1, the Chairperson of the Working Group onCommunications, together with the Secretariat, undertake an initial screening ofcommunications based on the admissibility criteria set in paragraphs 85 to 88 of resolution5/1. Manifestly ill-founded and anonymous communications are screened out.Communications not rejected in the initial screening are transmitted to the State concernedto obtain its views on the allegations of violations. Both the author of a communication andthe State concerned are informed of the proceedings at each stage. Two distinct working groups - the Working Group on Communications and the Working Group

on Situations – are responsible, respectively, for examining written communications andbringing consistent patterns of gross and reliably attested violations of human rights andfundamental freedoms to the attention of the Council. (Click in the “in this section” formore information on both Working Groups and the closed meetings of the Council). What are the criteria for a communication to be accepted for examination? A communication related to a violation of human rights and fundamental freedoms isadmissible, provided that:

It is not manifestly politically motivated and its object is consistent with the Charter of theUnited Nations, the Universal Declaration of Human Rights and other applicable instrumentsin the field of human rights law;

It gives a factual description of the alleged violations, including the rights which are allegedto be violated;

Its language is not abusive. However, such a communication may be considered if it meetsthe other criteria for admissibility after deletion of the abusive language;

It is submitted by a person or a group of persons claiming to be the victims of violations ofhuman rights and fundamental freedoms, or by any person or group of persons, includingnon-governmental organizations, acting in good faith in accordance with the principles ofhuman rights, not resorting to politically motivated stands contrary to the provisions of the

Charter of the United Nations and claiming to have direct and reliable knowledge of theviolations concerned. Nonetheless, reliably attested communications shall not beinadmissible solely because the knowledge of the individual authors is second-hand,provided that they are accompanied by clear evidence;

http://www.ohchr.org/EN/HRBodies/HRC/ComplaintProcedure/Pages/HRCComplaintProcedureIndex.aspxhttp://www.ohchr.org/EN/HRBodies/HRC/ComplaintProcedure/Pages/HRCComplaintProcedureIndex.aspxhttp://www.ohchr.org/EN/HRBodies/HRC/ComplaintProcedure/Pages/HRCComplaintProcedureIndex.aspxhttp://www.ohchr.org/EN/HRBodies/HRC/ComplaintProcedure/Pages/HRCComplaintProcedureIndex.aspxhttp://www.ohchr.org/Documents/HRBodies/HRCouncil/SituationsconsideredHRCJan2013.pdfhttp://www.ohchr.org/Documents/HRBodies/HRCouncil/SituationsconsideredHRCJan2013.pdfhttp://www.ohchr.org/EN/HRBodies/HRC/ComplaintProcedure/Pages/WGCommunications.aspxhttp://www.ohchr.org/EN/HRBodies/HRC/ComplaintProcedure/Pages/WGCommunications.aspxhttp://www.ohchr.org/EN/HRBodies/HRC/ComplaintProcedure/Pages/WGCommunications.aspxhttp://www.ohchr.org/EN/HRBodies/HRC/ComplaintProcedure/Pages/WGSituations.aspxhttp://www.ohchr.org/EN/HRBodies/HRC/ComplaintProcedure/Pages/WGSituations.aspxhttp://www.ohchr.org/EN/HRBodies/HRC/ComplaintProcedure/Pages/WGSituations.aspxhttp://www.ohchr.org/EN/HRBodies/HRC/ComplaintProcedure/Pages/WGSituations.aspxhttp://www.ohchr.org/EN/HRBodies/HRC/ComplaintProcedure/Pages/WGSituations.aspxhttp://www.ohchr.org/EN/HRBodies/HRC/ComplaintProcedure/Pages/WGSituations.aspxhttp://www.ohchr.org/EN/HRBodies/HRC/ComplaintProcedure/Pages/WGCommunications.aspxhttp://www.ohchr.org/Documents/HRBodies/HRCouncil/SituationsconsideredHRCJan2013.pdfhttp://www.ohchr.org/EN/HRBodies/HRC/ComplaintProcedure/Pages/HRCComplaintProcedureIndex.aspx


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It is not exclusively based on reports disseminated by mass media;

It does not refer to a case that appears to reveal a consistent pattern of gross and reliablyattested violations of human rights already being dealt with by a special procedure, a treatybody or other United Nations or similar regional complaints procedure in the field of human

rights; Domestic remedies have been exhausted, unless it appears that such remedies would be

ineffective or unreasonably prolonged.

National human rights institutions, established and operating under the Principles Relatingto the Status of National Institutions (the Paris Principles), in particular in regard to quasi-judicial competence, may serve as effective means of addressing individual human rightsviolations. How to submit communications? Please fill out the complaint procedure form if you consider that your communication

meets the abovementioned criteria. Where to send communications? Communications intended for handling under the Human Rights Council complaint proceduremay be addressed to:Complaint Procedure UnitHuman Rights Council BranchOffice of the United Nations High Commissioner for Human Rights United Nations Office at GenevaCH-1211 Geneva 10, SwitzerlandFax: (41 22) 917 90 11E-mail: [email protected]

http://www.ohchr.org/Documents/HRBodies/ComplaintProcedure/HRCComplaintProcedureForm.dochttp://www.ohchr.org/Documents/HRBodies/ComplaintProcedure/HRCComplaintProcedureForm.dochttp://www.ohchr.org/Documents/HRBodies/ComplaintProcedure/HRCComplaintProcedureForm.doc


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Texto 7: Human Rights Council Complaint Procedure Form 1) Fuente: http://www.ohchr.org/EN/HRBodies/HRC/ComplaintProcedure/Pages/HRCComplaintProcedureIndex.aspx

Human Rights CouncilComplaint Procedure Form

- You are kindly requested to submit your complaint in writing in one of the six official

UN languages (Arabic, Chinese, English, French, Russian and Spanish) and to use these

languages in any future correspondence;

- Anonymous complaints are not admissible;

- It is recommended that your complaint does not exceed eight pages, excluding

enclosures.

- You are kindly requested not to use abusive or insulting language.

I. Information concerning the author (s) of the communication or the alleged victim (s)

if other than the author

Individual Group of individuals NGO Other

Last name: ………First name(s): ………….

Nationality: ………

Address for correspondence on this complaint: ………..

Tel and fax: (please indicate country and area code) ……….

E-mail: ……….

Website: ……….

Submitting the complaint:

On the author’s own behalf:On behalf of other persons: (Please specify: ………………..)

II. Information on the State concerned

Name of the State concerned and, as applicable, name of public authorities responsible for

the alleged violation(s): …………..

http://www.ohchr.org/EN/HRBodies/HRC/ComplaintProcedure/Pages/HRCComplaintProcedureIndex.aspxhttp://www.ohchr.org/EN/HRBodies/HRC/ComplaintProcedure/Pages/HRCComplaintProcedureIndex.aspxhttp://www.ohchr.org/EN/HRBodies/HRC/ComplaintProcedure/Pages/HRCComplaintProcedureIndex.aspxhttp://www.ohchr.org/EN/HRBodies/HRC/ComplaintProcedure/Pages/HRCComplaintProcedureIndex.aspx


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III. Facts of the complaint and nature of the alleged violation(s)

The complaint procedure addresses consistent patterns of gross and reliably attested

violations of all human rights and all fundamental freedoms occurring in any part of

the world and under any circumstances.

Please detail, in chronological order, the facts and circumstances of the alleged violations

including dates, places and alleged perpetrators and how you consider that the facts

circumstances described violate your rights or that of the concerned person(s).

……..…………………………………………………………………………………………...

………………………………………………………………………………………………….

…………………………………………………………………………………………………..

………………………………………………………………………………………………….

.

………………………………………………………………………………………………….

.

………………………………………………………………………………………………….

.

IV. Exhaustion of domestic remedies

1- Steps taken by or on behalf of the alleged victim(s) to exhaust domestic remedies – please

provide details on the procedures which have been pursued, including recourse to the courts

and other public authorities as well as national human rights institutions1, the claims made,

at which times, and what the outcome was:

…………………..

2- If domestic remedies have not been exhausted on grounds that their application would beineffective or unreasonably prolonged, please explain the reasons in detail:

…………………………

V. Submission of communication to other human rights bodies

1- Have you already submitted the same matter to a special procedure, a treaty body or other

United Nations or similar regional complaint procedures in the field of human rights?

1 National human rights institutions, established and operating under the Principles Relating to the Status of National

Institutions (the Paris Principles), in particular in regard to quasi-judicial competence, may serve as effective means of

addressing individual human rights violations.


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……………

2- If so, detail which procedure has been, or is being pursued, which claims have been made,

at which times, and the current status of the complaint before this body:

…………………………

VI. Request for confidentiality

In case the communication complies with the admissibility criteria set forth in Council

resolution 5/1, kindly note that it will be transmitted to the State concerned so as to

obtain the views of the latter on the allegations of violations.

Please state whether you would like your identity or any specific information contained

in the complaint to be kept confidential.

Request for confidentiality ( Please tick as appropriate): Yes No

Please indicate which information you would like to be kept confidential

Date: ………………… Signature: …………………….

N.B. The blanks under the various sections of this form indicate where your responses are

required. You should take as much space as you need to set out your responses. Your

complaint should not exceed eights pages.

VII. Checklist of supporting documents

Please provide copies (not original) of supporting documents (kindly note that these

documents will not be returned) in one of the six UN official languages.

- Decisions of domestic courts and authorities on the claim made (a copy of the relevant

national legislation is also helpful):

- Complaints sent to any other procedure mentioned in section V (and any decisions taken

under that procedure):

- Any other evidence or supporting documents deemed necessary:

VIII. Where to send your communications?

Office of the United Nations High Commissioner for Human Rights- Human Rights Council Branch-Complaint

Procedure Unit- OHCHR- Palais Wilson

United Nations Office at Geneva

CH-1211 Geneva 10, Switzerland

Fax: (+41 22) 917 90 11

E-mail: [email protected]

Website: http://www.ohchr.org/EN/HRBodies/HRC/Pages/HRCIndex.aspx

mailto:[email protected]:[email protected]:[email protected]://www.ohchr.org/EN/HRBodies/HRC/Pages/HRCIndex.aspxhttp://www.ohchr.org/EN/HRBodies/HRC/Pages/HRCIndex.aspxhttp://www.ohchr.org/EN/HRBodies/HRC/Pages/HRCIndex.aspxhttp://www.ohchr.org/EN/HRBodies/HRC/Pages/HRCIndex.aspxmailto:[email protected]


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Texto 8 : Human Rights Court Rejects New Attempt toExtradite Terror Suspect to US Fuente: theguardian.com, Wednesday 11 September 2013 13.42 BST

Human rights court rejects new attempt to extradite terrorsuspect to US Grand chamber of human rights court rejects appeal by UK government over Haroon Aswat becauseof his mental illness

Alan Travis, home affairs editor

A renewed attempt by the British government to secure the extradition to theUnited States of a terror suspect accused of being a co-conspirator of theIslamist cleric Abu Hamza has failed. The grand chamber of the European court of human rights has rejected aBritish appeal to lift its bar on sending Haroon Aswat, who has been

diagnosed with paranoid schizophrenia, to face pre-trial detention in an American "supermax" prison.

The grand chamber's ruling on Wednesday said the extradition of Aswat, whois currently detained in Broadmoor high security psychiatric hospital, wouldamount to inhumane treatment because his detention conditions were likelyto exacerbate his paranoid schizophrenia.

The European court of human rights ruled in April that Aswat could not beextradited because of the threatened deterioration in his mental health. The

British government asked for that ruling to be reconsidered but it has nowbeen rejected.

"While the court held that Aswat's extradition to the US would be in violationof article 3 (prohibition of inhuman and degrading treatment), it was solely onaccount of the current severity of his mental illness and not as a result of thelength of his possible detention there," said the latest ruling.

It said that in the light of the medical evidence in the case there was a realrisk that the potentially more hostile prison environment would result in asignificant deterioration in his mental and physical health.

The US department of justice told the court that it could not say with certaintywhere Aswat would be detained pending his trial or for how long.

Aswat has been indicted in the US as a co-conspirator with Abu Hamza in aplan to set up a jihadist training camp in Oregon.

The latest medical reports in the case indicated that while Aswat's conditionwas well controlled, his detention in hospital was required for his medicaltreatment.

http://www.theguardian.com/http://www.theguardian.com/http://www.theguardian.com/http://www.theguardian.com/profile/alantravishttp://www.theguardian.com/profile/alantravishttp://www.theguardian.com/law/extraditionhttp://www.theguardian.com/law/extraditionhttp://www.theguardian.com/law/extraditionhttp://www.theguardian.com/world/usahttp://www.theguardian.com/world/usahttp://www.theguardian.com/law/human-rightshttp://www.theguardian.com/law/human-rightshttp://www.theguardian.com/law/european-court-of-human-rightshttp://www.theguardian.com/law/european-court-of-human-rightshttp://www.theguardian.com/law/2013/apr/16/human-rights-extradition-terror-suspecthttp://www.theguardian.com/law/2013/apr/16/human-rights-extradition-terror-suspecthttp://www.theguardian.com/law/2013/apr/16/human-rights-extradition-terror-suspecthttp://www.theguardian.com/law/2013/apr/16/human-rights-extradition-terror-suspecthttp://www.theguardian.com/law/2013/apr/16/human-rights-extradition-terror-suspecthttp://www.theguardian.com/law/european-court-of-human-rightshttp://www.theguardian.com/law/human-rightshttp://www.theguardian.com/world/usahttp://www.theguardian.com/law/extraditionhttp://www.theguardian.com/profile/alantravishttp://www.theguardian.com/


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Texto 9 : European Convention on Human RightsFuente: http://www.echr.coe.int/Documents/Convention_ENG.pdf

European Convention on Human Rights

ARTICLE 3 Prohibition of torture

No one shall be subjected to torture or to inhuman or degradingtreatment or punishment.

.

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UNIDAD 3:

CONTRATOS

Texto 10 : What is a Contract?

Texto 11: E -Contracts?

Texto 12 : New Law Makes e- signatures valid


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Texto 10 : What is a Contract?

Fuente : Basic English Law , 2da ed., extraido del capítulo 10: Contractual Rights and Obligations, MacMillan Press

What is a Contract?

A contract is an agreement; but not all agreements are contracts.A contract is sometimes definedas a legally enforceable agreement.

Agreement

Agreement is reached when a firm offer is unconditionally accepted by theofferee. The rules governing offer and acceptance form an important part of the case-law ofcontract.

(a) The offer An offer is a statement of the terms of a contract which the offeror is prepared to enter into withthe offeree.

(b) Acceptance

A valid acceptance operates to create a contract between offeror and offeree. An acceptancemust satisfy two requirements. First, it must be unqualified;

secondly, it must becommunicated to the offeror.

(i) Unqualified assent to the offer

An acceptance demonstrates an intention to make a contract in terms identical to the terms ofthe offer. Where a purported acceptance alters the terms of the

offer in any way, it will operateas a counter-offer.

(ii) Communication of acceptance

The general rule is that the contract is made when acceptance is actuallycommunicated to the offeror by the offeree. Where there is no communication

there is nocontract.

(c) Acceptance by post (d) Acceptance by compliance with the requirements of the offer

(e) Method of communication of acceptance

Apart from the two exceptional cases where communication is not required, the acceptancemust be actually communicated to the offeror. If it is not so

communicated there is nocontract.


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(f) Termination of an offer

The legal characteristic of an offer is that acceptance transforms the terms of the offer intothe terms of an agreement. For how long does the offer retain

this characteristic? An offercontinues to retain its legal characteristic until one

of the following events has occurred:rejection, revocation, lapse.

(i) Rejection

An offer may be terminated by the express rejection of the offeree.

(ii) Revocation

An offer may be revoked by the offeror at any time before acceptance has

taken place.

(iii) Lapse

Where the offeror stipulates that his offer is to remain open for a specified period of time,the offer will lapse if not accepted within that period.

Consideration

(g) What is consideration?

It was said that consideration “may consist either in some right, interest, profit or benefitaccruing to one party, or some forbearance, detriment, loss, or responsibility given,suffered, or undertaken by the other”.


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Texto 11: E-contracts

Fuente: Callanan, Helen and Edwards, Lynda, Absolute Legal English , Delta Publishing,

Surrey, England, 2010. Pág. 50.

E-contractsOnline contractual transactions are becoming increasingly common, and it is

essential that those entering such transactions examine the terms and

conditions carefully before clicking on “I agree” to indicate acceptance, as

courts are inclined to uphold agreements accepted in this way.

There are two main types of e-contracts: B2C contracts between businesses

and consumers, and B2B contracts, which are between businesses and

businesses. Obviously, there are jurisdictional issues that arise because of the

global scope of the Internet, and agreements affect the jurisdiction andspecify laws that will govern the transactions. Technology also brings with it

other risks for companies. Data protection and privacy issues must be dealt

with by companies to limit their exposure to liability.

The need to regulate requirements concerning e-commerce contracts led to

the setting up of UNCITRAL Model Law on Electronic Commerce in 1996 to

set general conditions. It confirms that clicking “I agree” on a website

constitutes a valid form of consent and allows an offer to be made and

accepted in electronic form. UNCITRAL Mode Laws have been enacted

nationally worldwide and are also important for developing countries, as e-

commerce greatly facilitates and protects new businesses in accessing new

markets.

However, as with paper-based contracts, electronic contracts are not

automatically valid, and in disputes, courts consider whether the parties

involved were fully aware of the terms. This sometimes involves deciding

how clear the terms were in relation to the size of the text or location on a

website.

Developments in the law governing e-commerce are continuing. Recently, we

have seen a Model Law on Electronic Signatures, which has already beenadopted by the national law of certain countries. Other developments

currently being considered include an international treaty on Jurisdiction

and the Enforcement of Judgements and a global agreement on e-commerce

taxation regulations.


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Texto 12: New law makes e-signatures valid

Fuente: International legal English - Amy K. Lindtner. Cambridge University, 2010.

(página73)

New law makes e-signatures valid

Contracts created online are now as legal as those on paper

While contract basics generally apply to any contract, regardless of form, there are some

new and emerging rules that apply specifically to contracts created online. Thanks to

federal legislation recently signed into law, electronic contracts, and electronic

signatures are just as legal and enforceable as traditional paper contracts signed in ink.

The law, known as the Electronic Signatures in Global and International Commerce Act,

removes the uncertainty that previously accompanied e-contracts. However, consumer

groups worry that the law doesn't adequately protect against online fraud and maycreate disadvantages and penalties for consumers who prefer printed agreements.

What are electronic contracts and electronic signatures?

An electronic contract is an agreement created and “signed” in electronic form.

An e-contract can also be a "Click to Agree" contract, commonly used with downloaded

software; the user clicks an 'I Agree" button on a page containing the terms of the

software license before the transaction can be completed. One of the more difficult

electronic contract issues has been whether agreements made in a purely online

environment were "signed" and therefore legally binding. Since a traditional inksignature isn't possible on an electronic contract, people have used several different

ways to indicate their electronic signatures, including typing the signer's name into the

signature area, pasting in a scanned version of the signer's signature, clicking an "I

Accept" button, or using cryptographic "scrambling" technology. While the term "digital

signature" is used for any of these methods, it is becoming standard to reserve the term

for cryptographic signature methods, and to use "electronic signature" for other

paperless signature methods.

Are e-signatures secure?

Security experts currently favour the cryptographic signature method known as Public

Key Infrastructure (PKI) as the most secure and reliable method of signing contracts

online.

PKI uses an algorithm to encrypt online documents so that they will be accessible only

to authorized parties. The parties have "keys" to read and sign the document, thus

ensuring that no one else will be able to sign fraudulently. Though its standards are still

evolving, it is expected that PKI technology will become widely accepted.

No paper needed

The most significant legal effect of the new e-signature law is to make electronic

contracts and signatures as legally valid as paper contracts. The fact that electronic

contracts have been given solid legal support is great news for companies that conduct


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business online. Under the law, consumers can now buy almost any goods or services-

from cars to home mortgages- without placing pen to paper form. The law also benefits

business-to-business websites who need enforceable agreements for ordering supplies

and services. For all of these companies, the new law is essential legislation because it

helps them conduct business entirely on the Internet. Federal law versus state law

The federal electronic signature law won't override any state laws on electronic

transactions provided the state law is "substantially similar" to the federal law or the

state has adopted the Uniform Electronic Transactions Act (UETA). This ensures that

electronic contracts and electronic signatures will be valid in all states, regardless of

where the parties live or where the contract is executed.


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UNIDAD 4:

DERECHO PROCESAL CIVIL

Texto 13 : How Courts Work

Lectura A : Civil Cases

Lectura B : The Appeals processTexto 14 : Trial by Jury

Texto 15: Trial by Jury Frequently Asked Questions (FAQ’s)


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Texto 13: Lectura A: How Courts Work. Civil Cases.Fuente: http://www.uscourts.gov/FederalCourts/UnderstandingtheFederalCourts/

Lectura A : Civil Cases

A federal civil case involves a legal dispute between two or moreparties. To begin a civil lawsuit in federal court, the plaintiff files acomplaint with the court and "serves" a copy of the complaint on thedefendant. The complaint describes the plaintiff's injury, explainshow the defendant caused the injury, and asks the court to orderrelief. A plaintiff may seek money to compensate for the injury, ormay ask the court to order the defendant to stop the conduct that iscausing the harm. The court may also order other types of relief,such as a declaration of the legal rights of the plaintiff in aparticular situation.

To prepare a case for trial, the litigants may conduct "discovery." Indiscovery, the litigants must provide information to each other aboutthe case, such as the identity of witnesses and copies of anydocuments related to the case. The purpose of discovery is toprepare for trial by requiring the litigants to assemble their evidenceand prepare to call witnesses. Each side also may file requests, or"motions," with the court seeking rulings on the discovery ofevidence, or on the procedures to be followed at trial.

One common method of discovery is the deposition. In a deposition,

a witness is required under oath to answer questions about the caseasked by the lawyers in the presence of a court reporter. The courtreporter is a person specially trained to record all testimony andproduce a word-for-word account called a transcript

To avoid the expense and delay of having a trial, judges encouragethe litigants to try to reach an agreement resolving their dispute. Inparticular, the courts encourage the use of mediation, arbitration,and other forms of alternative dispute resolution, or "ADR," designedto produce an early resolution of a dispute without the need for trialor other court proceedings. As a result, litigants often decide to

resolve a civil lawsuit with an agreement known as a "settlement."

If a case is not settled, the court will schedule a trial. In a widevariety of civil cases, either side is entitled under the Constitutionto request a jury trial. If the parties waive their right to a jury, thenthe case will be heard by a judge without a jury.

At a trial, witnesses testify under the supervision of a judge. Byapplying rules of evidence, the judge determines which informationmay be presented in the courtroom. To ensure that witnesses speak

from their own knowledge and do not change their story based onwhat they hear another witness say, witnesses are kept out of thecourtroom until it is time for them to testify.

A court reporter keeps a record of the trial proceedings. A deputy

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clerk of court also keeps a record of each person who testifies andmarks for the record any documents, photographs, or other itemsintroduced into evidence. As the questioning of a witness proceeds,the opposing attorney may object to a question if it invites thewitness to say something that is not based on the witness's personal

knowledge, is unfairly prejudicial, or is irrelevant to the case. The judge rules on the objection, generally by ruling that it is eithersustained or overruled. If the objection is sustained, the witness isnot required to answer the question, and the attorney must move onto his next question. The court reporter records the objections sothat a court of appeals can review the arguments later if necessary.

At the conclusion of the evidence, each side gives a closingargument. In a jury trial, the judge will explain the law that isrelevant to the case and the decisions the jury needs to make. The jury generally is asked to determine whether the defendant is

responsible for harming the plaintiff in some way, and thento determine the amount of damages that the defendant will be

required to pay. If the case is being tried before a judge without a jury, known as a "bench" trial, the judge will decide these issues. Ina civil case the plaintiff must convince the jury by a "preponderanceof the evidence" (i.e., that it is more likely than not) that thedefendant is responsible for the harm the plaintiff has suffered.


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Texto 13: How Courts Work

Lectura B: The Appeals Process

The losing party in a decision by a trial court in the federal system

normally is entitled to appeal the decision to a federal court of appeals.Similarly, a litigant who is not satisfied with a decision made by a federal

administrative agency usually may file a petition for review of the agency

decision by a court of appeals. Judicial review in cases involving certain

federal agencies or programs — for example, disputes over Social Security

benefits — may be obtained first in a district court rather than a court of

appeals.

In a civil case either side may appeal the verdict. In a criminal case, the

defendant may appeal a guilty verdict, but the government may not

appeal if a defendant is found not guilty. Either side in a criminal case

may appeal with respect to the sentence that is imposed after a guilty

verdict.

In most bankruptcy courts, an appeal of a ruling by a bankruptcy judge

may be taken to the district court. Several courts of appeals, however, have

established a bankruptcy appellate panel consisting of three bankruptcy

judges to hear appeals directly from the bankruptcy courts. In either

situation, the party that loses in the initial bankruptcy appeal may then

appeal to the court of appeals.

A lit igant who files an appeal, known as an "appellant," must show that

the trial court or administrative agency made a legal error that affected the

decision in the case.

The court of appeals makes its decision based on the record of the case

established by the trial court or agency. It does not receive additional

evidence or hear witnesses. The court of appeals also may review the

factual findings of the trial court or agency, but typically may onlyoverturn a decision on factual grounds if the findings were "clearly

erroneous."

Appeals are decided by panels of three judges working together. The

appellant presents legal arguments to the panel, in writing, in a document

called a "brief." In the brief, the appellant tries to persuade the judges that

the trial court made an error, and that its decision should be reversed. On

the other hand, the party defending against the appeal, known as the

"appellee," tries in its brief to show why the trial court decision was

correct, or why any error made by the trial court was not significant

enough to affect the outcome of the case.


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Although some cases are decided on the basis of written briefs alone, many

cases are selected for an "oral argument" before the court. Oral argument

in the court of appeals is a structured discussion between the appellate

lawyers and the panel of judges focusing on the legal principles in dispute.

Each side is given a short time — usually about 15 minutes — to presentarguments to the court.

The court of appeals decision usually will be the final word in the case,

unless it sends the case back to the trial court for additional proceedings,

or the parties ask the U.S. Supreme Court to review the case. In some cases

the decision may be reviewed en banc, that is, by a larger group of judges

(usually all) of the court of appeals for the circuit .

A litigant who loses in a federal court of appeals, or in the highest court of

a state, may file a petition for a "writ of certiorari," which is a documentasking the Supreme Court to review the case. The Supreme Court,

however, does not have to grant review. The Court typically will agree to

hear a case only when it involves an unusually important legal principle,

or when two or more federal appellate courts have interpreted a law

differently. There are also a small number of special circumstances in

which the Supreme Court is required by law to hear an appeal. When the

Supreme Court hears a case, the parties are required to file written briefs

and the Court may hear oral argument.


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Texto 14 : Trial by Jury Fuente: Coughlin, Jr., G. G. , Your Handbook of Everyday Law , 5ta ed., Harper Perennial, NuevaYork,1993

The distinguishing feature of the English and American systems of law is

the trial by jury. When a case is tried in front of a jury, it is up to the juryto decide what the facts in the case are.

Throughout a jury trial the judge must decide all the questions of law, all

questions concerning whether or not evidence should be received, and

whether or not there is sufficient evidence to permit the case to be decided

by a jury. When a case is tried without a jury before a judge, arbiter or

commissioner, one of the latter occupies a dual role: He is the presiding

officer who must guide the trial and, at the same time, he is the finder of

the facts.

Selection of the Jury

The petit or trial jury serves in the trial of a civil or criminal case. It

consists usually of twelve jurors and sometimes of alternate jurors, who

replace other jurors in emergencies.

A petit jury is drawn from a large jury panel (from 25 to 300 citizens). In

most states the names of the jurors are drawn from the jury panel by lot;

then the prospective lawyers examine them about their acquaintanceshipwith the parties, interest in the case, and prejudices or predispositions.

If an attorney decides that he or she does not want a particular juror to sit

in the case, he exercises a challenge in an attempt to have the juror

excused.

Challenges are of two kinds; challenges for cause and peremptory

challenges.

A challenge for cause may be granted when the court rules that theprospective juror, by reason of blood relationship, pecuniary interest in

the outcome of the case, or other prejudice, may not look at the case

objectively. These challenges are unlimited in number.

A peremptory challenge is one which may be made without giving any

reason for it. The number is limited and it is automatically granted (when

within the number allowed by lot), and the court does not have to approve it.


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TEXTO 15 :Trial By Jury. Frequently Asked Questions (FAQs)

Questions and Answers (FAQ's)

Where do you get the names of potential jurors? Who must report? What happens if a juror does not report for jury service? What accommodations are available for jurors with disabilities? Can jurors postpone jury service for a later date? How long is jury service? Are jurors compensated? How long does it take for jurors to get paid? What if my summons or questionnaire is lost? Can I request a financial or medical hardship? Is there an age restriction for jurors? What happens if a juror does not report for jury service? If I serve as a juror in federal court do I still have to serve in state court? If I served as a juror in New York State Court, do I still have to serve in federal court?

How can jurors make comments regarding jury service?

Where do you get the names of potential jurors?

Potential jurors are randomly selected from lists of registered voters, holders of drivers’ licensesor ID’s issued by the Division of Motor Vehicles, New York State income tax filers, recipients ofunemployment insurance or family assistance, and from volunteers.

Who must report?

There are no automatic exemptions or excuses from jury service in New York State. Everyonewho is eligible must serve. You are eligible to serve as a juror in New York State if you are:

1) a United States citizen,

2) at least 18 years old, and

3) a resident of the county to which you are summoned to serve.

In addition, jurors must

4) be able to understand and communicate in the English language, and

5) not have been convicted of a felony

What happens if a juror does not report for jury service?

Jury duty, like paying taxes, is mandatory. Skipping jury duty can result in civil or criminalpenalties. In addition, anyone who skips jury service will be assigned a new date for future juryservice.

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What accommodations are available for jurors with disabilities?

The court provides services or aids to reasonably accommodate jurors with disabilities. Aids thatare generally available for hearing impaired people include assistive listening devices, signlanguage interpreters, and “real-time” captioning of court proceedings. Courts may also be ableto provide a reader for visually impaired jurors. A juror who has a mobility impairment and issent to a courtroom with access problems may be reassigned to a different location that hasbetter access. TDD users can call the relay service at 1-800-662-1220 to place the call. Somecourts may have a TDD or TTY in the Clerk’s office. Access questions or requests forassistance should be addressed to a jury commissioner, court clerk or judge.

Can jurors postpone jury service for a later date?

You can postpone your service once by calling 800-449-2819 at least one week before yourdate of service. Have your juror index number (from your summons) with you when you call.Pick a date between 2 and 6 months from the date on your summons and you will be assignedthe available date closest to your choice. Any future postponement request or request forexcusal from jury service must be made by calling your local commissioner of jurors office.

If you cannot serve even if granted a postponement, you may contact your local commissionerof jurors office and ask to be excused from service. The commissioner may ask you to providedocumentary proof of the reasons why you need to be excused.

How long is jury service?

Jurors who do not sit on a jury may serve for as little as 1 –2 days. However, even if not neededfor a trial, a juror may be asked to be available or on call for up to five days. Those who are

selected to serve on a jury are required to serve on only one trial. The judge informs the jurorshow long the trial is expected to last. Length of service on a grand jury may vary from two weeksto a month or more. For more information about service as a grand juror see the Unified CourtSystem’s “Grand Juror’s Handbook.”

Are jurors paid?

The jury fee is $40 per day. If service extends beyond 30 days the court may authorize anadditional $6 per day per juror.

The fee is paid by the State or the employer depending on (1) the day of service and (2) the size

of employer. Employers’ jury fee obligations are explained below. For help figuring out how therules apply to your individual circumstances, you can use the chart “Who Pays Your Jury Fee?”

How long does it take for jurors to get paid?

Four to six weeks.

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What if my summons or questionnaire is lost?

Contact your local Commissioner of Jurors. Find contact information by scrolling down at “SelectCounty” in the box on the left menu.

Can I request an excuse from service due to a financial or medicalhardship?

Yes. Jurors are normally required to provide supporting documentation. Contact your localCommissioner of Jurors. Find contact information by scrolling down at “Select County” in thebox on the left menu.

Is there an age restriction for jurors?

Jurors must be at least 18 years old. There is no upper age limit.

What happens if a juror does not report for jury service?

Jury duty, like paying taxes, is mandatory. Skipping jury duty can result in civil or criminalpenalties. In addition, anyone who skips jury service will be assigned a new date for future juryservice.

If I serve as a juror in federal court do I still have to serve in statecourt?

A person who serves in a State or Federal court in New York—either by reporting in person orby being available to serve via a telephone call-in system—normally is not eligible to serveagain in the New York State courts for at least six years. A juror who serves for more than tendays normally is not eligible to serve again in the New York State courts for at least eight years.Jurors who physically report to serve in Town and Village courts are eligible to serve again intwo years. Just because a person is eligible to serve does not mean they will be called.

If I served as a juror in New York State Court, do I still have to serve infederal court?

Each of the four federal district courts in New York State treats the length of time for ineligibilityfrom service differently. The Eastern, Western, and Northern Districts excuse from service

anyone who has served within two years. The Southern District excuses anyone who hasserved within four years. If your service in the Eastern District (Queens, Kings, Richmond,Nassau or Suffolk) was limited to telephone standby you are not excused from federal courtservice. In the Northern District (32 northern counties) a summoned juror who attended a juryselection in state court but was not selected to serve on a jury is not excused. For specificinformation about each court’s practices go to NYS Federal Court Jury Rules.

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How can jurors make comments regarding jury service?

Write to: Chief Judge Jonathan Lippman Continuing Jury Reform 25 Beaver Street, 11th Floor

New York, NY 10004 Send an E-mail Call 1-800-NYJUROR [1-800-695-8767] or 212-428-2990

Directed by Gary Fleder. With John Cusack, Rachel Weisz, Gene Hackman, DustinHoffman.

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UNIDAD 5:

DERECHO PENAL Y PROCESAL PENAL

Texto 16: Federal Rules of Criminal Procedure

Texto 17: Criminal Procedure: An Overview

Texto 18: Famous Cases & Criminal Cases: Al Capone


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Texto 16: Federal Rules of Criminal ProcedureFuente: http://www.law.cornell.edu/rules/frcrmp

FEDERAL RULES OF CRIMINAL PROCEDURE

(As amended to December 1, 2012) TITLE I. APPLICABILITYo Rule 1. Scope; Definitions

o Rule 2. Interpretation

TITLE II. PRELIMINARY PROCEEDINGS

o Rule 3. The Complaint

o Rule 4. Arrest Warrant or Summons on a Complaint

o Rule 4.1 Complaint, Warrant, or Summons by Telephone or Other Reliable Electronic

Means

o Rule 5. Initial Appearance

o Rule 5.1 Preliminary Hearing

TITLE III. THE GRAND JURY, THE INDICTMENT, AND THE

INFORMATION

o Rule 6. The Grand Jury

o Rule 7. The Indictment and the Information

o Rule 8. Joinder of Offenses or Defendants

o Rule 9. Arrest Warrant or Summons on an Indictment or Information

TITLE IV. ARRAIGNMENT AND PREPARATION FOR TRIAL

o Rule 10. Arraignment

o Rule 11. Pleas

o Rule 12. Pleadings and Pretrial Motions

o Rule 12.1 Notice of an Alibi Defense

o Rule 12.2 Notice of an Insanity Defense; Mental Examination

o Rule 12.3 Notice of a Public-Authority Defense

o Rule 12.4 Disclosure Statement

o Rule 13. Joint Trial of Separate Cases

o Rule 14. Relief from Prejudicial Joinder

o Rule 15. Depositions

o Rule 16. Discovery and Inspection

o Rule 17. Subpoena

o Rule 17.1 Pretrial Conference

TITLE V. VENUE

o Rule 18. Place of Prosecution and Trial

o Rule 19. [Reserved]

o Rule 20. Transfer for Plea and Sentence

o Rule 21. Transfer for Trial

o Rule 22. [Transferred]

TITLE VI. TRIAL

o Rule 23. Jury or Nonjury Trial

o Rule 24. Trial Jurorso Rule 25. Judge's Disability

o Rule 26. Taking Testimony

o Rule 26.1 Foreign Law Determination

http://www.law.cornell.edu/rules/frcrmphttp://www.law.cornell.edu/rules/frcrmphttp://www.law.cornell.edu/rules/frcrmp/rule_1http://www.law.cornell.edu/rules/frcrmp/rule_1http://www.law.cornell.edu/rules/frcrmp/rule_2http://www.law.cornell.edu/rules/frcrmp/rule_2http://www.law.cornell.edu/rules/frcrmp/rule_3http://www.law.cornell.edu/rules/frcrmp/rule_3http://www.law.cornell.edu/rules/frcrmp/rule_4http://www.law.cornell.edu/rules/frcrmp/rule_4http://www.law.cornell.edu/rules/frcrmp/rule_4-1http://www.law.cornell.edu/rules/frcrmp/rule_4-1http://www.law.cornell.edu/rules/frcrmp/rule_5http://www.law.cornell.edu/rules/frcrmp/rule_5http://www.law.cornell.edu/rules/frcrmp/rule_5-1http://www.law.cornell.edu/rules/frcrmp/rule_5-1http://www.law.cornell.edu/rules/frcrmp/rule_6http://www.law.cornell.edu/rules/frcrmp/rule_6http://www.law.cornell.edu/rules/frcrmp/rule_7http://www.law.cornell.edu/rules/frcrmp/rule_7http://www.law.cornell.edu/rules/frcrmp/rule_8http://www.law.cornell.edu/rules/frcrmp/rule_8http://www.law.cornell.edu/rules/frcrmp/rule_9http://www.law.cornell.edu/rules/frcrmp/rule_9http://www.law.cornell.edu/rules/frcrmp/rule_10http://www.law.cornell.edu/rules/frcrmp/rule_10http://www.law.cornell.edu/rules/frcrmp/rule_11http://www.law.cornell.edu/rules/frcrmp/rule_11http://www.law.cornell.edu/rules/frcrmp/rule_12http://www.law.cornell.edu/rules/frcrmp/rule_12http://www.law.cornell.edu/rules/frcrmp/rule_12-1http://www.law.cornell.edu/rules/frcrmp/rule_12-1http://www.law.cornell.edu/rules/frcrmp/rule_12-2http://www.law.cornell.edu/rules/frcrmp/rule_12-2http://www.law.cornell.edu/rules/frcrmp/rule_12-3http://www.law.cornell.edu/rules/frcrmp/rule_12-3http://www.law.cornell.edu/rules/frcrmp/rule_12-4http://www.law.cornell.edu/rules/frcrmp/rule_12-4http://www.law.cornell.edu/rules/frcrmp/rule_13http://www.law.cornell.edu/rules/frcrmp/rule_13http://www.law.cornell.edu/rules/frcrmp/rule_14http://www.law.cornell.edu/rules/frcrmp/rule_14http://www.law.cornell.edu/rules/frcrmp/rule_15http://www.law.cornell.edu/rules/frcrmp/rule_15http://www.law.cornell.edu/rules/frcrmp/rule_16http://www.law.cornell.edu/rules/frcrmp/rule_16http://www.law.cornell.edu/rules/frcrmp/rule_17http://www.law.cornell.edu/rules/frcrmp/rule_17http://www.law.cornell.edu/rules/frcrmp/rule_17-1http://www.law.cornell.edu/rules/frcrmp/rule_17-1http://www.law.cornell.edu/rules/frcrmp/rule_18http://www.law.cornell.edu/rules/frcrmp/rule_18http://www.law.cornell.edu/rules/frcrmp/rule_19http://www.law.cornell.edu/rules/frcrmp/rule_19http://www.law.cornell.edu/rules/frcrmp/rule_20http://www.law.cornell.edu/rules/frcrmp/rule_20http://www.law.cornell.edu/rules/frcrmp/rule_21http://www.law.cornell.edu/rules/frcrmp/rule_21http://www.law.cornell.edu/rules/frcrmp/rule_22http://www.law.cornell.edu/rules/frcrmp/rule_22http://www.law.cornell.edu/rules/frcrmp/rule_23http://www.law.cornell.edu/rules/frcrmp/rule_23http://www.law.cornell.edu/rules/frcrmp/rule_24http://www.law.cornell.edu/rules/frcrmp/rule_24http://www.law.cornell.edu/rules/frcrmp/rule_25http://www.law.cornell.edu/rules/frcrmp/rule_25http://www.law.cornell.edu/rules/frcrmp/rule_26http://www.law.cornell.edu/rules/frcrmp/rule_26http://www.law.cornell.edu/rules/frcrmp/rule_26-1http://www.law.cornell.edu/rules/frcrmp/rule_26-1http://www.law.cornell.edu/rules/frcrmp/rule_26-1http://www.law.cornell.edu/rules/frcrmp/rule_26http://www.law.cornell.edu/rules/frcrmp/rule_25http://www.law.cornell.edu/rules/frcrmp/rule_24http://www.law.cornell.edu/rules/frcrmp/rule_23http://www.law.cornell.edu/rules/frcrmp/rule_22http://www.law.cornell.edu/rules/frcrmp/rule_21http://www.law.cornell.edu/rules/frcrmp/rule_20http://www.law.cornell.edu/rules/frcrmp/rule_19http://www.law.cornell.edu/rules/frcrmp/rule_18http://www.law.cornell.edu/rules/frcrmp/rule_17-1http://www.law.cornell.edu/rules/frcrmp/rule_17http://www.law.cornell.edu/rules/frcrmp/rule_16http://www.law.cornell.edu/rules/frcrmp/rule_15http://www.law.cornell.edu/rules/frcrmp/rule_14http://www.law.cornell.edu/rules/frcrmp/rule_13http://www.law.cornell.edu/rules/frcrmp/rule_12-4http://www.law.cornell.edu/rules/frcrmp/rule_12-3http://www.law.cornell.edu/rules/frcrmp/rule_12-2http://www.law.cornell.edu/rules/frcrmp/rule_12-1http://www.law.cornell.edu/rules/frcrmp/rule_12http://www.law.cornell.edu/rules/frcrmp/rule_11http://www.law.cornell.edu/rules/frcrmp/rule_10http://www.law.cornell.edu/rules/frcrmp/rule_9http://www.law.cornell.edu/rules/frcrmp/rule_8http://www.law.cornell.edu/rules/frcrmp/rule_7http://www.law.cornell.edu/rules/frcrmp/rule_6http://www.law.cornell.edu/rules/frcrmp/rule_5-1http://www.law.cornell.edu/rules/frcrmp/rule_5http://www.law.cornell.edu/rules/frcrmp/rule_4-1http://www.law.cornell.edu/rules/frcrmp/rule_4http://www.law.cornell.edu/rules/frcrmp/rule_3http://www.law.cornell.edu/rules/frcrmp/rule_2http://www.law.cornell.edu/rules/frcrmp/rule_1http://www.law.cornell.edu/rules/frcrmp


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o Rule 26.2 Producing a Witness's Statement

o Rule 26.3 Mistrial

o Rule 27. Proving an Official Record

o Rule 28. Interpreters

o Rule 29. Motion for a Judgment of Acquittal

o Rule 29.1 Closing Argumento Rule 30. Jury Instructions

o Rule 31. Jury Verdict

TITLE VII. POST-CONVICTION PROCEDURES

o Rule 32. Sentencing and Judgment

o Rule 32.1 Revoking or Modifying Probation or Supervised Release

o Rule 32.2 Criminal Forfeiture

o Rule 33. New Trial

o Rule 34. Arresting Judgment

o Rule 35. Correcting or Reducing a Sentence

o Rule 36. Clerical Error

o Rule 37. Indicative Ruling on a Motion for Relief That Is Barred by a Pending Appeal

o Rule 38. Staying a Sentence or a Disability

o Rule 39. [Reserved]

TITLE VIII. SUPPLEMENTARY AND SPECIAL PROCEEDINGS

o Rule 40. Arrest for Failing to Appear in Another District or for Violating Conditions of

Release Set in Another District

o Rule 41. Search and Seizure

o Rule 42. Criminal Contempt

TITLE IX. GENERAL PROVISIONSo Rule 43. Defendant's Presence

o Rule 44. Right to and Appointment of Counsel

o Rule 45. Computing and Extending Time

o Rule 46. Release from Custody; Supervising Detention

o Rule 47. Motions and Supporting Affidavits

o Rule 48. Dismissal

o Rule 49. Serving and Filing Papers

o Rule 49.1 Privacy Protection For Filings Made with the Court

o Rule 50. Prompt Disposition

o Rule 51. Preserving Claimed Erroro Rule 52. Harmless and Plain Error

o Rule 53. Courtroom Photographing and Broadcasting Prohibited

o Rule 54. [Transferred] 1

o Rule 55. Records

o Rule 56. When Court Is Open

o Rule 57. District Court Rules

o Rule 58. Petty Offenses and Other Misdemeanors

o Rule 59. Matters Before a Magistrate Judge

o Rule 60. Victim's Rights

o Rule 61. Title

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Texto 17: Criminal Procedure: An OverviewFuente: http://www.usconstitution.net/const.html

AMENDMENTS TO THE U.S. CONSTITUTION (BILL OF RIGHTS)

AMENDMENT V

No person shall be held to answer for a capital, or otherwise infamous crime, unless on

a presentment or indictment of a grand jury, except in cases arising in the land or naval

forces, or in the militia, when in actual service in time of war or public danger; nor shall

any person be subject for the same offense to be twice put in jeopardy of life or limb;

nor shall be compelled in any criminal case to be a witness against himself, nor be

deprived of life, liberty, or property, without due process of law; nor shall private

property be taken for public use, without just compensation.

AMENDMENT VI

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public

trial, by an impartial jury of the state and district wherein the crime shall have been

committed, which district shall have been previously ascertained by law, and to be

informed of the nature and cause of the accusation; to be confronted with the witnesses

against him; to have compulsory process for obtaining witnesses in his favor, and to

have the assistance of counsel for his defense.

Fuente: Coughlin, Jr., G. G. , Your Handbook of Everyday Law , 5ta ed., Harper Perennial,

Nueva York, 1993

Criminal procedure deals with the set of rules governing the series of proceedingsthrough which the government enforces substantive criminal law. Municipalities,

states, and the federal government each have their own criminal codes, defining types

of conduct that constitute crimes. Title 18 of the U.S. Code outlines all federal crimes.

Typically, federal crimes deal with activities that either extend beyond state boundaries

or directly impact federal interests.

The U.S. Supreme Court, pursuant to its authority under the Rules Enabling Act, first

promulgated the Federal Rules of Criminal Procedure , (F.R.Crim.Pro.) which Congress,

in turn, passed. The Federal Rules outline the procedure for conducting federal criminal

trials. Similarly, states have their own codes of criminal procedure of which manyclosely model the Federal Rules. The Federal Rules incorporate and expound upon all

guarantees included within the U.S. Constitution's Bill of Rights. A few of the rights

guaranteed to criminal defendants by the Constitution include the guarantees of due

process and equal protection under the laws, the right to have legal counsel present, the

right to confront witnesses, the right to a jury trial, and the right to not testify against

oneself. While state constitutions and procedural rules may increase the protection

afforded to criminal defendants, they may not offer less protection than that guaranteed

by the U.S. Constitution.

http://www.usconstitution.net/const.htmlhttp://www.usconstitution.net/const.htmlhttp://www.usconstitution.net/const.htmlhttp://www.law.cornell.edu/wex/criminal_lawhttp://www.law.cornell.edu/wex/criminal_lawhttp://www.law.cornell.edu/wex/criminal_lawhttp://www.law.cornell.edu/wex-cgi/wexlink?wexns=USC&wexname=18http://www.law.cornell.edu/wex-cgi/wexlink?wexns=USC&wexname=18http://www.law.cornell.edu/rules/frcrmp/http://www.law.cornell.edu/rules/frcrmp/http://www.law.cornell.edu/rules/frcrmp/http://www.law.cornell.edu/rules/frcrmp/http://www.law.cornell.edu/rules/frcrmp/http://www.law.cornell.edu/rules/frcrmp/http://www.law.cornell.edu/rules/frcrmp/http://www.law.cornell.edu/rules/frcrmp/http://www.law.cornell.edu/rules/frcrmp/http://www.law.cornell.edu/constitution/constitution.billofrights.htmlhttp://www.law.cornell.edu/constitution/constitution.billofrights.htmlhttp://www.law.cornell.edu/constitution/index.htmlhttp://www.law.cornell.edu/constitution/index.htmlhttp://www.law.cornell.edu/constitution/index.htmlhttp://www.law.cornell.edu/constitution/index.htmlhttp://www.law.cornell.edu/constitution/index.htmlhttp://www.law.cornell.edu/constitution/index.htmlhttp://www.law.cornell.edu/constitution/index.htmlhttp://www.law.cornell.edu/constitution/constitution.billofrights.htmlhttp://www.law.cornell.edu/rules/frcrmp/http://www.law.cornell.edu/rules/frcrmp/http://www.law.cornell.edu/rules/frcrmp/http://www.law.cornell.edu/wex-cgi/wexlink?wexns=USC&wexname=18http://www.law.cornell.edu/wex/criminal