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Questions and Answers
What is the first stage in the legislative process?
How does a law in Mexico enter into effect if it is considered difficult to understand?
Which of the following is NOT a stage in the legislative process?
What type of law applies across the entire territory of Mexico?
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What does the term 'sanción' refer to in the legislative process?
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What characterizes legal norms?
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Which aspect defines the coercibility of legal norms?
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What does the term 'Axiology' refer to?
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Which of the following represents a historical source of law?
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What occurs to legal norms as societal changes arise?
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What distinguishes the world of being from the world of ought to be?
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Which of the following is NOT considered a part of the world of being?
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Norms serve primarily to establish what in society?
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Which of the following best describes the characteristics of social sciences?
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Kant's division of knowledge emphasizes the differences between which two worlds?
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What role do the general principles of law play in Mexico?
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Which of the following is true regarding the doctrine in Mexico?
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Why might judges refer to general principles of law?
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What is a common misconception about the principles of law?
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In what scenario might legislators utilize general principles of law?
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What differentiates a 'convenio' from a 'tratado internacional'?
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What is a possible consequence of not fulfilling an 'acuerdo'?
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Which type of treaty is primarily established to handle global issues?
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Under what condition can 'reservas internacionales' be established?
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What types of platforms do jurists use to share their legal doctrines?
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What is the process called when a person is dissatisfied with a first instance judgment?
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Which of the following best describes how jurisprudence is established?
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What happens if a magistrate reviews a second instance case and agrees with the original sentence?
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Which entity is responsible for issuing final decisions and judgments in the judicial system?
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What begins the formation of an unwritten legal norm?
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Study Notes
Knowledge and Philosophy
- Kant's framework distinguishes between two realms of knowledge: the world of being and the world of ought to be.
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World of being encompasses exact sciences providing verifiable knowledge:
- Mathematics
- Physics
- Chemistry
- Biology
- Geography
- World of ought to be includes social sciences influenced by fluctuating social norms and ethical conduct.
Norms and Legal Concepts
- Norms establish rules dictating ought to be, creating a framework of moral obligations in society.
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Legal norms are a subtype with the following characteristics:
- Bilateral: Involves two or more persons.
- Exteriority: Requires external manifestation for legal acts to occur.
- Heteronomous: Imposed by an authority outside oneself.
- Coercibility: Enforced by state power, making compliance mandatory.
Legal Framework and Rights
- Law regulates human behavior for better social coexistence.
- Axiology: The study of values underpinning legal norms.
- Legal rights are acknowledged before birth (e.g., rights to nationality, identity) and persist after death (e.g., rights regarding wills and burials).
Sources of Law
- Sources of law are mechanisms through which legal norms emerge.
-
Historical sources include past legal systems, such as:
- Canon law
- Spanish law
- Roman law
- Austrian law
- French law
- Real sources involve the adaptation of laws to reflect societal changes driven by technology and ideology.
Formal Sources of Law in Mexico
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Legislation is the primary formal source, involving a six-step legislative process:
- Initiative of Law: Proposal by citizens or legislators.
- Discussion: Review in two legislative chambers.
- Approval: Must be sanctioned by both chambers.
- Sanction: Presidential approval.
- Promulgation: Formal statement for compliance.
- Publication: Dissemination through the Federal Official Gazette.
Law Enforcement and Impact
- Federal laws apply across national territory, including airspace and territorial waters.
- Laws may undergo total or partial extinction, adjusting to societal needs.
- Laws can enter into force synchronously or successively, based on their publication timing.
Judicial Principles and International Agreements
- Legal doctrines and principles aid the judicial system by providing guidance when interpreting laws.
- International agreements, such as treaties, may be bilateral or multilateral, dictating obligations and potential consequences for non-compliance.
- International reserves are adjustments made to treaties when necessary, contingent on mutual consent.
Jurisprudence and Legal Interpretation
- Legal doctrines are articulated by legal professionals through various mediums like publications, seminars, and online forums.
- Vocatio Legis refers to the period between a law's publication and its effective date.
- Customs and jurisprudence form unwritten norms that develop through consistent usage and judicial rulings.
Judicial Structure
- The judicial hierarchy includes judges, magistrates, and ministers, each responsible for different levels of adjudication.
- Appeals and amparo proceed through hierarchical channels, allowing for judicial contestations and final resolutions.
Formation of Legal Norms
- A legal norm emerges when a prevailing jurisprudence arises from five consistent rulings. Any contradicting ruling negates its establishment.
- Jurisprudences are documented and reviewed periodically, forming a crucial component of legal tradition.
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Description
Test your understanding of Kant's philosophical framework, including the distinction between the world of being and the world of ought to be. Explore the concepts of norms, legal systems, and the axiological foundations of law. This quiz covers the fundamental principles of both natural and social sciences.
