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UNIDAD 1
DEPARTAMENTO DE IDIOMAS
UNIDAD 1:
DERECHO CONSTITUCIONAL
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INDICE DE CONTENIDOS
Texto 1 : The United States Constitution COMPRENDER UN
NDICE
Texto 2: The Constitution Contents In Graphs COMPRENDER
GRFICOS
Texto 3: The Amendments to the Constitution COMPRENDER
GRFICOS & TEXTO
Texto 4 A: Amendment 1
Texto 4 B: Amendment 2COMPRENDER GRFICOS & TEXTO
Texto 5: Comparing Federal & State Courts COMPRENDER
UN TEXTO CON CUADRO COMPARATIVO
Texto 6: What is the difference between Common Law and
Civil Law?
COMPRENDER UN TEXTO PERIODSTICO
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Texto 1: THE UNITED STATES CONSTITUTION
COMPRENDER UN NDICE
Table of Contents
Preamble
Article 1 - The Legislative Branch
o Section 1 - The Legislature
o Section 2 - The House
o Section 3 - The Senate
o Section 4 - Elections, Meetings
o Section 5 - Membership, Rules, Journals, Adjournment
o Section 6 - Compensation
o Section 7 - Revenue Bills, Legislative Process, Presidential Veto
o Section 8 - Powers of Congress
o Section 9 - Limits on Congress
o Section 10 - Powers Prohibited of States
Article 2 - The Executive Branch
o Section 1 - The President
o Section 2 - Civilian Power Over Military, Cabinet, Pardon Power,
Appointments
o Section 3 - State of the Union, Convening Congress
o Section 4 - Disqualification
Article 3 - The Judicial Branch
o Section 1 - Judicial Powers
o Section 2 - Trial by Jury, Original Jurisdiction, Jury Trials
o Section 3 - Treason
Article 4 - The States
o Section 1 - Each State to Honor all Others
o Section 2 - State Citizens, Extradition
o Section 3 - New States
o Section 4 - Republican Government
Article 5 - Amendment
Article 6 - Debts, Supremacy, Oaths
Article 7 - Ratification
Signatories
Amendments
o Amendment 1 - Freedom of Religion, Press, Expression
o Amendment 2 - Right to Bear Arms
o Amendment 3 - Quartering of Soldiers
o Amendment 4 - Search and Seizure
o Amendment 5 - Trial and Punishment, Compensation for Takings
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o Amendment 6 - Right to Speedy Trial, Confrontation of Witnesses
o Amendment 7 - Trial by Jury in Civil Cases
o Amendment 8 - Cruel and Unusual Punishment
o Amendment 9 - Construction of Constitution
o Amendment 10 - Powers of the States and People
o Amendment 11 - Judicial Limits
o Amendment 12 - Choosing the President, Vice President
o Amendment 13 - Slavery Abolished
o Amendment 14 - Citizenship Rights
o Amendment 15 - Race No Bar to Vote
o Amendment 16 - Status of Income Tax Clarified
FUENTE: http://www.usconstitution.net/xconst.html
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Texto 2: THE CONSTITUTION CONTENTS IN
GRAPHS
COMPRENDER GRFICOS
CMO TRABAJAR CON DIAGRAMAS Y PARATEXTO GRFICO:
GRFICO 1
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GRFICO 2
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Texto 3: THE AMENDMENTS TO THE
CONSTITUTION
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GRFICO: THE AMENDMENT PROCESS
http://images.slideplayer.com/32/9947697/slides/slide_3.jpg
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Texto 4 A: AMENDMENT 1
AMENDMENT 1
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Texto 4 B: AMENDMENT 2
AMENDMENT 2: A well regulated Militia, being necessary to the security of a free State, the
right of the people to keep and bear Arms, shall not be infringed.
-ANTI-GUN GROUPS: They say that this amendment is based on the needs of the
1700 and 1800s for militia units to have their own weapons. Since this need is no longer current,
restrictions need to be placed on guns in order to reduce violence.
-PRO-GUN GROUPS: They say people have the right to keep and carry arms.
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Texto 5: COMPARING FEDERAL & STATE COURTS
Fuente: http://www.uscourts.gov/about-federal-courts/court-role-and-
structure/comparing-federal-state-courts
COMPRENSIN DE TEXTO CON CUADRO COMPARATIVO
The U.S. Constitution is the supreme law of the land in the United
States. It creates a federal system of government in which power is
shared between the federal government and the state governments. Due
to federalism, both the federal government and each of the state
governments have their own court systems. Discover the differences in
structure, judicial selection, and cases heard in both systems.
Court Structure
The Federal Court System The State Court System
Article III of the Constitution The Constitution and laws of each
invests the judicial power of the state establish the state courts. A
United States in the federal court of last resort, often known
court system. Article III, Section as a Supreme Court, is usually
1 specifically creates the U.S. the highest court. Some states
Supreme Court and gives also have an intermediate Court
Congress the authority to create of Appeals. Below these appeals
the lower federal courts. courts are the state trial courts.
Some are referred to as Circuit or
District Courts.
Congress has used this power States also usually have courts
to establish the 13 U.S. Courts that handle specific legal matters,
of Appeals, the 94 U.S. District e.g., probate court (wills and
Courts, the U.S. Court of estates); juvenile court; family
Claims, and the U.S. Court of court; etc.
International Trade. U.S.
Bankruptcy Courts handle
bankruptcy cases. Magistrate
Judges handle some District
Court matters.
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Court Structure (continued)
The Federal Court System The State Court System
Parties dissatisfied with a Parties dissatisfied with the
decision of a U.S. District decision of the trial court may
Court, the U.S. Court of Claims, take their case to the intermediate
and/or the U.S. Court of Court of Appeals-
International Trade may appeal
to a U.S. Court of Appeals.
A party may ask the U.S.
Supreme Court to review a Parties have the option to ask the
decision of the U.S. Court of highest state court to hear the
Appeals, but the Supreme case.
Court usually is under no
Only certain cases are eligible for
obligation to do so. The U.S.
review by the U.S. Supreme
Supreme Court is the final
Court.
arbiter of federal constitutional
questions.
Selection of Judges
The Federal Court System The State Court System
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Types of Cases Heard
The Federal Court System The State Court System
Cases that deal with the Most criminal cases, probate
constitutionality of a law; (involving wills and estates)
Cases involving the laws and Most contract cases, tort
treaties of the U.S.; cases cases (personal injuries),
involving ambassadors and family law (marriages,
public ministers; disputes divorces, adoptions), etc.
between two or more states;
State courts are the final arbiters
admiralty law; bankruptcy; and
of state laws and constitutions.
habeas corpus issues.
Their interpretation of federal law
or the U.S. Constitution may be
appealed to the U.S. Supreme
Court. The Supreme Court may
choose to hear or not to hear
such cases.
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Texto 6: WHAT IS THE DIFFERENCE BETWEEN
COMMON LAW AND CIVIL LAW?
IN THE summer of 2013 British royalists were eagerly awaiting the birth
of the Duke and Duchess of Cambridges first child. If the couple had
had a girl instead of bonny Prince George, she would have been the first
daughter to be able to accede to the throne ahead of any younger
brothers. That is thanks to a law enacted in 2011 that changed the rules
of royal succession. The previous law that sons took precedence over
older sisters was never written down, but was instead part of English
common law, the basis of the countrys legal system. But just what is
common law, and how does it differ from the civil-law system used in
some other countries?
Common law is a peculiarly English development. Before the Norman
conquest, different rules and customs applied in different regions of the
country. But after 1066 monarchs began to unite both the country and its
laws using the kings court. Justices created a common law by drawing
on customs across the country and rulings by monarchs. These rules
developed organically and were rarely written down. By contrast,
European rulers drew on Roman law, and in particular a compilation of
rules issued by the emperor Justinian in the 6th century that was
rediscovered in 11th-century Italy. With the Enlightenment of the 18th
century, rulers in various continental countries sought to produce
comprehensive legal codes.
Today the difference between common and civil legal traditions lies in
the main source of law. Although common-law systems make extensive
use of statutes, judicial cases are regarded as the most important source
of law, which gives judges an active role in developing rules. For
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example, the elements needed to prove the crime of murder are
contained in case law rather than defined by statute. To ensure
consistency, courts abide by precedents set by higher courts examining
the same issue. In civil-law systems, by contrast, codes and statutes are
designed to cover all eventualities and judges have a more limited role
of applying the law to the case in hand. Past judgments are no more
than loose guides. When it comes to court cases, judges in civil-law
systems tend towards being investigators, while their peers in common-
law systems act as arbiters between parties that present their
arguments.
Civil-law systems are more widespread than common-law systems: the
CIA World Factbook puts the numbers at 150 and 80 countries
respectively. Common-law systems are found only in countries that are
former English colonies or have been influenced by the Anglo-Saxon
tradition, such as Australia, India, Canada and the United States. Legal
minds in civil-law jurisdictions like to think that their system is more
stable and fairer than common-law systems, because laws are stated
explicitly and are easier to discern. But English lawyers take pride in the
flexibility of their system, because it can quickly adapt to circumstance
without the need for Parliament to enact legislation. In reality, many
systems are now a mixture of the two traditions, giving them the best of
both legal worlds.
This first two lines of this piece were updated on December 2nd 2015 to
change tenses and reflect the birth of Prince George.
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UNIDAD 1:
DERECHO CONSTITUCIONAL
MATERIAL ADICIONAL
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Apndice 1: STRUCTURE OF THE COURTS & TRIBUNAL
SYSTEM
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Apndice 2: COMPRENDER UN MAPA
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Apndice 3: UNITED STATES COURT OF APPEALS FOR THE
7TH CIRCUIT
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Apndice 4: Marbury Vs. Madison
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by either sketching a picture of what you think it means, or by putting it in your
own words. Feel free to add terms from the reading that you would like to
practice.
sued (to sue)
Definition: To seek a remedy for a grievance or complaint in court
How would you express this in your own words or in a drawing?
appointed (to appoint)
Definition: To select to fill an office or position
How would you express this in your own words or in a drawing?
writ
Definition: A written order issued by a court, commanding a person to perform or stop
performing a specific act
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Apndice 5: JUDICIAL REVIEW (Marbury v.
Madison)
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Apndice 6: HOW THE CASE MOVED THROUGH THE COURT
SYSTEM
Article III, Section 2 lays out the original jurisdiction of the Supreme Court
"In all Cases affecting Ambassadors, other public Ministers and Consuls, and
those in which a State shall be a Party, the supreme Court shall have original
Jurisdiction."
Learn more about the original jurisdiction of the Supreme Court of the
United States.
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Apndice 7: Summary of the Decision Marbury
v. Madison
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