What happens if I lose my case in Mexico?
In Mexico, when a trial is lost, the losing party has the right to appeal. In Quintana Roo an appeal is a challenge of the sentence for the Superior (Supreme Court of the State of Quintana Roo) to revoke or modify the inferior’s resolution (i.e. Civil Judge of Cozumel), attending to the grievances expressed by the appellant.
Appeal comes from the Latin appellare, which means “to ask for help”. Appellate courts have existed for many millennia. As a general rule appellate courts do not conduct independent fact-finding, instead they review the process and the sentence. The party that losses the trial or even the winner that did not obtain all that was demanded, and third parties harmed by the judicial resolution may appeal.
Knowing that appeal is a right, it is important to consider that there is a certain period of time to exercise that right, it is known as a term to appeal. The term to appeal a first instance civil sentence is nine (9) days in Quintana Roo. Once there is an appeal, the State Supreme Court, will reach a determination that may result in:
Confirmation of the first instance sentence.
Modification of the first instance sentence.
Total revocation of the first instance sentence.
The application of this right on many occasions allows for a more fair and equitable justice system, since, in our experience the Supreme State Court may see, analyze, and indicate what needs to be corrected. In many ocassions a faulty first instance sentence can be ammended in the appeal.
However, sometimes there are some shortcomings to correct and for this there is the Amparo Directo.
The Amparo Directo has precedents in Roman and French Law, when authorities reviewed the sentences of territorial judges to bring uniformity and ensure that they will follow the law. In the Amparo Directo Federal Circuit Couts have jurisdiction to review if State Supreme Courts’s sentences were issued in accordance with the Federal Constitution and International Treaties. Amparo Directo is often needed in complex litigation or in litigation against State authorities or agencies.
Should the Amparo Directo be considered as a third instance in Mexico?
As we have analyzed and as frequently happens in legal activity in Mexico, Amparo turns out to be a means of defense that is used in various scenarios, one of them may be subsequent to the resolution that occurred in the Appeal, however, the core point to file an amparo, it is not necessarily the resolution that causes a person to file an amparo, but derived from that sentence, fundamental rights established in the Constitution were violated; that is, due to what happened in the Appeal Judgment, it is possible that some fundamental right has been violated and that is why an Amparo is filed.
Now, it is also true that the Amparo Trial goes beyond that, that is, it goes beyond protecting any guarantee that was violated in a second instance sentence, since the Amparo trial can protect property rights, from freedom, equality, legal or political security, but in addition to those rights of a social nature, such as cultural and social rights.
In this sense, we are not necessarily in the presence of a third instance, since the Amparo trial protects beyond a second instance, unlike an Appeal, which is made directly after the sentence pronounced in the first instance.
However, that is the virtue of the Amparo trial, to protect different aspects, through the care of the individual guarantees enshrined in the Political Constitution of Mexico and not only serve as one more instance.
Amparo Directo is more than a third instance. Similar to the Appeal before the State Supreme Court), the Amparo Directo reviews that the process and the sentence followed the law without conducting an independent fact-finding process. Beyond the Appeal it reviews that the process and the sentence followed the Federal Constitution and International Treaties. For example, if a law is considered inconstitutional the judge and the State Supreme Court have to apply it, but only the Federal Circuit Court can declare that the applicable law is in violation of the Constitution.
Therefore the Amparo Directo can protect not only the right to a fair trail in accordance to law but also property rights, freedom of press, equality, legal or political security, and cultural and social rights.
Our lawyers are experts in Amparo Directo, our location in Mexico City gives us an advantage, because certain specilized courts for Amparo Directo are located in Mexico City only. Therefore, we have experience in Amparo Directo cases before the Supreme Court of Justice of the Nation and cases before Specialized Federal Circuit Courts in Civil, Tax, Environmental and Administrative matters. Contact Us to discuss your case.
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