Legal Education in Latin America
Legal education in LatAm
Fixed curriculum / old texts / often night classes
Mostly public institutions / undergraduate program
Part-time professors (90%) / limited research (20%)
Deductive (like Europe) /
Latin America Law Quiz Study Guide
Men are born free and equal, in dignity and rights.
Equal protection under the law in the exercise of their rights.
Freedom to express opinions and to disseminate information w
Comparative Law (Lecture 4)
Pacta, quantumcunque nuda, servanda sunt
Agreements, even naked ones, must be kept (Pope Gregory 1234)
Pacta sunt servanda - agreements must be kept
"Every treaty in force is binding upon the parties to it and must be
Comparative Law (Lecture 3)
Table VIII. Torts or Delicts
2. If anyone has broken anothers limb there shall be retaliation in kind unless he
compounds for compensation with him.
3. . . . If a person breaks a bone of a freeman with hand or by club
Comparative Law (Lecture 2)
Reasons to Study:
Other Legal systems;
Issue: Are parents liable for necessities furnished their child
in an emergency, without a contract?
Australian Civil Law
Section 143: "The duty of taking care of the children's support un
Comparitive Law (Lecture 1)
Model: Borrow techniques
Expand the number of laboratories
Utilitarian: find methods, language, exceptions
Perspective: Appreciate own
Recognize policies, history, purposes
Like studying foreign language (even dead ones)
Class Case Question 3
Is LH relevant to defendants case?
Why does defendant want more than published LH?
Cant the appeals court take judicial notice on its own?
What should Ruff (or his lawyer) have done?
Who must raise foreign law? If not
Class Case Question 1
Consider common law fact rule:
Should we treat foreign law differently from domestic law? (Jenny-Y,
Lucas-N) How decide? (Caitlin)
Is foreign law a matter on which experts can testify under FRE? (Brett)
Does common law rule, leaving
Civil Codes Study Guide
Meaning of civil code
Origin of civil codes in Latin America
Chilean civil code
History, sources (Andres Bello)
Structure: compilation vs. codification
Content: persons, property, successions, contracts
Identify which rules appear
Brazil Law Test Study Guide
Identify which rules appear in Brazil Civil Code (2003)
1. Legal transactions are to be interpreted according to good faith and the common
usage of the place in which they occur.
2. Judges are to determine the reasonableness of