Derechos constitucionales: Material didáctico para docentes unidades 1 a 3

SELECCIÓN DE TEXTOS.
Este trabajo de compilación contiene los

textos que se utilizarán para el dictado de
la materia. Los textos ilustran los distintos
ejes temáticos abordados para la
enseñanza de las técnicas de comprensión
lectora en lengua extranjera
LECTOCOMPRENSIÓN
– INGLÉS
MATERIAL DIDÁCTICO
DOCENTES
UNIDADES 1 A 3
DEPARTAMENTO DE IDIOMAS
INTRODUCCIÓN
Estimados Docentes:
La compilación de material didáctico 2017 contiene textos y

apéndices. La organización del material permitirá a los docentes
utilizar las combinaciones de textos y apéndices que resulten más
adecuados al nivel de cada grupo de alumnos. Los primeros textos y
apéndices tienen por objeto introducir al alumno en las técnicas y
macro-reglas a utilizar para desarrollar la habilidad de comprensión
de textos en lengua extranjera. De forma complementaria, se
utilizará el material de referencia distribuido en el 2016, que no ha
sufrido modificaciones
Se ha dividido el cuadernillo en tres volúmenes para favorecer su

manipulación.
1
UNIDAD 1:
DERECHO CONSTITUCIONAL
2
INDICE DE CONTENIDOS
Texto 1 : The United States Constitution COMPRENDER UN ÍNDICE:
Texto 2: The Constitution Contents In Graphs COMPRENDER GRÁFICOS
Texto 3: The Amendments to the Constitution COMPRENDER GRÁFICOS &

TEXTO
Texto 4 A: Amendment 1
Texto 4 B: Amendment 2COMPRENDER GRÁFICOS & TEXTO
Texto 5: Comparing Federal & State Courts COMPRENDER UN TEXTO

CON CUADRO COMPARATIVO 15
Texto 6 What is the difference between Common Law and Civil Law?
COMPRENDER UN TEXT O PERIODÍSTICO
Apéndice 1: STRUCTURE OF THE COURTS & TRIBUNAL SYSTEM
Apéndice 2:U.S. FEDERAL COURTS MAP (COMPRENDER UN MAPA)
Apéndice 3: UNITED STATES COURT OF APPEALS FOR THE 7TH CIRCUIT
Apéndice 4 MARBURY VS. MADISON
Apéndice 5 JUDICIAL REVIEW (CARTOON ANALYSIS)
Apéndice 6: HOW THE CASE MOVED THROUGH THE COURT SYSTEM

(FLOWCHART ANALYSIS)
Apéndice 7:SUMMARY OF THE DECISION MARBURY V. MADISON (TEXT FOR

REVIEW)
3
Texto 1: THE UNITED STATES CONSTITUTION
COMPRENDER UN ÍNDICE
The United States CONSTITUTION

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
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
4
ACTIVIDADES:
Las actividades que se presentan son a tí tulo ilustrativo y pueden

utilizarse adicionalmen te a las actividades propues tas po r cada docente.
Analizar la Superestructura, Macroestructura y Microestructura del

Texto
1 ¿qué características presenta? Identificarlas y describirlas. Definir su utilidad para

búsquedas ulteriores
2 ¿qué información le proporciona este texto? Describir
Nociones Gramaticales:
1 ¿qué tipo de estructura gramatical prevalece en textos de estas características?

The Noun Phrase / La frase nominal
5
Texto 2: THE CONSTITUTION CONTENTS IN GRAPHS
COMPRENDER GRÁFICOS
CÓMO TRABAJAR CON DIAGRAMAS Y PARATEXTO GRÁFICO:
La selección de textos y gráficos que aparece a continuación tiene como finalidad entrenar al
alumno en las distintas modalidades para abordar un texto y lograr su comprensión. En este
caso específico, se trata de combinar texto y gráfica para ver la incidencia que una tiene en
el otro para lograr una comprensión significativa con la guía del docente
GRÁFICO 1
6
GRÁFICO 2
7
ACTIVIDADES:

utilizarse adicionalmen te a las actividades propues tas por cada docente.
1. Identificación de imágenes y asociación a su significado
2. Identificación de transp arencias y falsas transparencias
3. Revisión de frase nominal
4. Identificación de vocabulario técnico
5. Nociones básicas para generar glosarios terminológicos.
8
Texto 3: THE AMENDMENTS TO THE CONSTITUTION
COMPRENSIÓN DE TEXTOS CON GRÁFICO

TEXTO:
THE AMENDMENTS TO THE CONSTITUTION:
-The Founding Fathers knew that society would change over time and that the Constitution
would need to change to reflect changes in society. They provided a way to change the
Constitution. This process is called the Amendment Process.
AMENDMENT: A change to the original Constitution.
-Due to this flexibility and ability to change, the Constitution is known as a LIVING
DOCUMENT because it can be changed.
-Very difficult process: In over 200 years, there have been over 12,000 proposals to amend
the Constitution. Only 27 have been accepted. The first 10 were passed in 1791 and are
known as the Bill of Rights.
-In 1789, Bill of Rights was proposed; Ratified in 1791.
FORMAL AMENDMENT PROCESS: There are 2 ways to propose an amendment and 2 ways
to ratify an amendment.
PROPOSALS: RATIFICATION:
1. 2/3 vote in Congress 1. Ratified by State legislatures in
¾ of the states.
2. National convention called by 2. Ratified by conventions held in
Congress when requested by 2/3 ¾ of the states.
of state legislatures.
9
GRÁFICO: THE AMENDMENT PROCESS
http://images.slideplayer.com/32/9947697/slides/slide_3.jpg
10
ACTIVIDADES:
Las actividades que se pr esentan son a tí tulo ilustrativo y pueden

1. Analizar un texto en su encuadre histórico
2. Entender el texto a través de la realidad subyacente
3. Buscar información relacionada al tema para entender el encuadre histórico
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Texto 4 A: AMENDMENT 1
COMPRENDER TEXTOS CON IMÁGENES
AMENDMENT 1
AMENDMENT 1: Congress shall make no law respecting an establishment of religion, or

prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, or the
right of the people peaceably to assemble, and to petition the Government for a redress of
grievances.
-An “established” church was a national church supported by tax money.
-Freedom of speech and press may be limited if they create a danger to public safety,
health, or morals.
-Peaceable assembly may require a permit, and limits may be set on where and when
people and assemble.
12
ACTIVIDADES:

utilizarse adicion almen te a las actividades propues tas por cada docente.
1. Analizar un texto y su interpretación contemporánea
3. Buscar información relacionada al tema para entender las características

socioculturales presentes.
4. Abordar textos con enfoques diacrónicos y sincrónicos
5. Analizar la macro-estructura
6. Analizar la micro-estructura
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Texto 4 B: AMENDMENT 2
COMPRENDER UN TEXTO CON IMÁGENES
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 1800’s 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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ACTIVIDADES:

1. Analizar un texto y su interpretación contemporánea
3. Buscar información relacionada al tema para entender las características

socioculturales presentes.
4. Abordar textos con enfoques diacrónicos y sincrónicos
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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
COMPRENSIÓN 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 invests the The Constitution and laws of each state
judicial power of the United States in the establish the state courts. A court of last
federal court system. Article III, Section resort, often known as a Supreme Court, is
1 specifically creates the U.S. Supreme usually the highest court. Some states also
Court and gives Congress the authority have an intermediate Court of Appeals.
to create the lower federal courts. Below these appeals courts are the state
trial courts. Some are referred to as Circuit
or District Courts.
Congress has used this power to States also usually have courts that handle
establish the 13 U.S. Courts of Appeals, specific legal matters, e.g., probate court
the 94 U.S. District Courts, the U.S. (wills and estates); juvenile court; family
Court of 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.
Parties dissatisfied with a decision of a Parties dissatisfied with the decision of the
U.S. District Court, the U.S. Court of trial court may take their case to the
Claims, and/or the U.S. Court of intermediate 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 decision of the U.S. Court of Parties have the option to ask the highest
Appeals, but the Supreme Court usually state court to hear the case.
is under no obligation to do so. The U.S.
Supreme Court is the final arbiter of Only certain cases are eligible for review by
federal constitutional questions. the U.S. Supreme Court.
16
Selection of Judges
The Constitution states that federal State court judges are selected in a variety
judges are to be nominated by the of ways, including election, appointment
President and confirmed by the Senate. for a given number of years, appointment
for life, and combinations of these
They hold office during good behavior, methods, e.g., appointment followed by
typically, for life. Through Congressional election
impeachment proceedings, federal
judges may be removed from office for
misbehavior
Types of Cases Heard

Cases that deal with the Most criminal cases, probate
constitutionality of a law; (involving wills and estates)
Cases involving the laws and treaties of Most contract cases, tort cases
the U.S.; cases involving ambassadors (personal injuries), family law
and public ministers; disputes between (marriages, divorces, adoptions), etc.
two or more states; admiralty law;
bankruptcy; and habeas corpus issues. State courts are the final arbiters of state
laws and constitutions. 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.
17
ACTIVIDADES:

utilizarse adicionalmen te a las actividades propues tas por cada do cente.
1. Establecer la competencia de los Tribunales Federales
2. Establecer la competencia de los Tribunales de los estados
3. ¿Hay competencia concurrente?.
4. ¿Cómo se eligen los jueces en los estados?
18
Texto 6: WHAT IS THE DIFFERENCE BETWEEN
COMMON LAW AND CIVIL LAW?
CÓMO COMPRENDER UN TEXTO PERIODÍSTICO
The Economist explains

Fuente . http://www.economist.com/blogs/economist-explains/2013/07/economist-explains-10
What is the difference between common and civil law?

Jul 16th 2013, 23:50 BY S.B.
IN THE summer of 2013 British royalists were eagerly awaiting the birth of the Duke and Duchess of
Cambridge’s 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 country’s 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 king’s 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 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
19
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.
20
ACTIVIDADES:

1. Establecer la macro -estructura y la micro -estructura del texto

2. Establecer las características del registro
3. Identificar transparencias y falsas transparencias
4. Extraer l a info rmación útil a través de preguntas u o tras actividades
diseñadas por el docente. Evitar l a traducción y alentar la interpretación
21
UNIDAD 1:
DERECHO CONSTITUCIONAL
MATERIAL ADICIONAL
22
Apéndice 1 STRUCTURE OF THE COURTS & TRIBUNAL SYSTEM
Structure of the courts & tribunal system

Fuente: https://www.judiciary.gov.uk/about -the-judiciary/the -justice -system/court-structure/
Our courts system is complicated and – in places – confusing, because it has developed over
1,000 years rather than being designed from scratch.
Different types of case are dealt with in specific courts: for example, all criminal cases will start
in the magistrates’ court, but the more serious criminal matters are committed (or sent) to the
Crown Court. Appeals from the Crown Court will go to the High Court, and potentially to the
Court of Appeal or even the Supreme Court.
Civil cases will sometimes be dealt with by magistrates, but may well go to a county court.
Again, appeals will go to the High Court and then to the Court of Appeal – although to different
divisions of those courts.
The tribunals system has its own structure for dealing with cases and appeals, but decisions from
different chambers of the Upper Tribunal, and the Employment Appeals Tribunal, may also go to
the Court of Appeal.
The courts structure covers England and Wales; the tribunals system covers England, Wales, and
in some cases Northern Ireland and Scotland.
The diagrams in the link below show the routes taken by different cases as they go through the
courts system, and which judges deal with each.
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Apéndice 2 COMPRENDER UN MAPA
Distribución Geográfica de Tribunales Federales
24
Apéndice 3: UNITED STATES COURT OF APPEALS FOR THE 7TH
CIRCUIT
COMO NAVEGAR POR PÁGINAS DEL SISTEMA JUDICIAL
25
Apéndice 4: Marbury Vs. Madison
Marbury Vs Madison (versión por niveles)

Fuente: http://www.streetlaw.org/en/Page/272/Background_Summary__Questions_
A) BÁSICO; B) INTERMEDIO; C) AVANZADO
A) basic Background Summary (•)

The President of the United States has the power to appoint judges to the
federal courts. Usually, the President appoints individuals who are members of
his political party or who share his ideas about politics.
In 1800, John Adams was President. There was an election that year. Thomas
Jefferson, who belonged to another political party, got elected. There were
many positions in the federal government that were empty. Before he left office,
President Adams tried to fill these positions with people who shared his ideas.
President Adams appointed 58 new people. He asked his Secretary of State,
John Marshall, to deliver the paperwork to these people so they could start
their new jobs. Marshall delivered most of the papers. He was in a hurry, so he
left some of the papers for the new Secretary of State, James Madison, to
deliver. When he came into office, President Thomas Jefferson told Madison not
to deliver the papers to some of the people Adams had appointed.
One of the individuals who didn't receive his papers was William Marbury. He
sued James Madison and tried to get the Supreme Court of the United States
to issue a writ of mandamus. A writ is a court order that forces an official to do
something. Marbury argued that a law passed by Congress (the Judiciary Act
of 1789) gave the Supreme Court of the United States the power to issue this
writ. If the Court issued the writ, Madison would have to deliver the papers.
Then Marbury would become a justice of the peace.
The Supreme Court of the United States had to decide the case. The new Chief
Justice of the United States was John Marshall. He was the same person who
had been unable to deliver the paperwork in the first place
Important Vocabulary (•)

As you read the background summary of the Marbury case, look for the important vocabulary words that are
italicized. When you come to one of those terms, look at this page for its definition. Then, check to see if you
understand the definition 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?
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writ
Definition: A written order issued by a court, commanding a person to perform or stop performing a specific act
B) intermediate Background Summary (••)

Thomas Jefferson, a member of the Republican Party, won the election of 1800.
Before Jefferson took office, John Adams, the outgoing President who was a
Federalist, quickly appointed 58 members of his own party to fill government
jobs created by Congress. He did this because he wanted people from his
political party in office.
It was the responsibility of Adams' Secretary of State, John Marshall, to finish
the paperwork and give it to each of the newly appointed officials. Although
Marshall signed and sealed all of the papers, he failed to deliver 17 of them to
the appointees. Marshall thought his successor would finish the job. But when
Jefferson became President, he told his new Secretary of State, James
Madison, not to deliver some of the papers. Those individuals couldn't take
office until they actually had their papers in hand.
Adams had appointed William Marbury to be justice of the peace of the District
of Columbia. Marbury was one of the last-minute appointees who did not
receive his papers. He sued Jefferson's Secretary of State, James Madison, and
asked the Supreme Court of the United States to issue a court order requiring
that Madison deliver his papers.
Marbury argued that he was entitled to the job and that the Judiciary Act of
1789 gave the Supreme Court of the United States original jurisdiction to issue
a writ of mandamus, which is the type of court order he needed. When the case
came before the Court, John Marshall — the person who had failed to deliver
the commission in the first place — was the new Chief Justice. The Court had
to decide whether Marbury was entitled to his job, and if so, whether the
Judiciary Act of 1789 gave the Court the authority it needed to force the
Secretary of State to appoint Marbury to his position.
C) advanced Background Summary (•••)

Thomas Jefferson, a member of the Republican Party, won the election of 1800.
The outgoing President, John Adams, proceeded to rapidly appoint 58
members of his own party to fill government posts created by Congress.
It was the responsibility of the Secretary of State, John Marshall, to "deliver the
commissions," finish the paperwork, and give it to each of the newly appointed
judges. Although Marshall signed and sealed all of the commissions, he failed
to deliver 17 of them to the respective appointees. Marshall assumed that his
successor would finish the job, but when Jefferson became President, he told
his new Secretary of State, James Madison, not to deliver some of the
commissions, because he did not want members of the opposing political party
to take office. Those individuals couldn't take office until they actually had
their commissions in hand.
27
William Marbury, whom Adams had appointed as justice of the peace of the
District of Columbia, was one of these last-minute appointees who did not
receive his commission. Marbury sued James Madison and asked the Supreme
Court of the United States to issue a writ of mandamus, a court order that
requires an official to perform or refrain from performing a certain duty. In this
case, the writ would have ordered Madison to deliver the commission.
Marbury argued that he was entitled to his commission and that the Judiciary
Act of 1789 gave the Supreme Court of the United States original jurisdiction to
issue a writ of mandamus. Madison disagreed. When the case came before the
Court, John Marshall — the person who had failed to deliver the commission in
the first place — was the new Chief Justice. If this situation were to arise
today, Marshall would likely disqualify himself because of a conflict of interest.
ACTIVIDADES:
28
Apéndice 5: JUDICIAL REVIEW (Marbury v.
Madison)
JUDICIAL REVIEW: POLITICAL CARTOON ANALYSIS of Marbury v. Madison
Political Cartoon Analysis

Fuente: http://landmarkcases.org/en/landmark/teaching_strategies/political_cartoon_analysis
29
Actividades
We've all heard the expression "A picture is worth a thousand words." This is especially true of political cartoons, which can
make a powerful statement but can, at the same time, be complicated to understand. Guide your students through this process
the first time. It is useful to teach students how to deconstruct the cartoon. Once students master this process, cartoons will
always be accessible to them.
1. What do you see in the cartoon? Make a list. Include objects, people, and any characteristics that seem to be
exaggerated.
2. Which of the items on the list from Question 1 are symbols? What does each symbol stand for?
3. What is happening in the cartoon?
4. What is the cartoonist's message?
5. Do you agree or disagree with the cartoonist's message? Explain your answer.
This exercise was created using the political cartoon analysis worksheet designed and developed by the education staff at
the National Archives and Records Administration.
Link to worksheet: http://www.archives.gov/education/lessons/worksheets/
30
Apéndice 6: HOW THE CASE MOVED THROUGH THE COURT
SYSTEM
How the Case Moved through the Court System

Marbury v. Madison (1803)
Fuente: http://landmarkcases.org/en/Page/359/How_the_Case_Moved_through_the_Court_System
Comprender un gráfico/ DIAGRAMA DE FLUJO
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.
31
Apéndice 7: Summary of the Decision Marbury v.
Madison
Summary of the Decision Marbury v. Madison

BEFORE AND AFTER:
Mapping the decision for meaning
The Court unanimously decided not to require Madison to deliver the commission to
Marbury. Chief Justice Marshall understood the danger that this case posed to the
power of the Supreme Court. Because Madison was President Jefferson’s secretary of
state and Jefferson was head of the Democratic Party while Chief Justice Marshall and
Marbury were Federalists, President Jefferson was almost certain to direct Madison to
refuse to deliver the commission to Marbury. If the Court required Madison to deliver
the commission and Madison refused, the Court had no power to force him to comply,
and, therefore the Court would look weak. If the Court did not act, it would look like
the justices made their decision out of the fear that Madison would not obey their
decision.
The justices struck a middle ground between these alternatives in their opinion,
written by Chief Justice Marshall. The Court ruled that Marbury was entitled to his
commission, but that according to the Constitution, the Court did not have the
authority to require Madison to deliver the commission to Marbury in this case. They
found that the Judiciary Act of 1789 conflicted with the Constitution because it gave
the Supreme Court more authority than it was given under the Constitution. The
dispute centered around the difference between the Supreme Court’s original
jurisdiction and its appellate jurisdiction. If the Court has original jurisdiction over a
case, it means that the case can go directly to the Supreme Court and the justices are
the first ones to decide the case. If the Court has appellate jurisdiction, however, the
case must first be argued and decided by judges in the lower courts. Only then can it
be appealed to the Supreme Court, where the justices decide whether the rulings of
the lower courts were correct. Marbury brought his lawsuit under the Court’s original
jurisdiction, but the justices ruled that it would be an improper exercise of the Court’s
original jurisdiction to issue the writ of mandamus in this case.
The Judiciary Act of 1789 authorized the Supreme Court to “issue writs of mandamus
… to persons holding office under the authority of the United States.” A writ of
mandamus is a command by a superior court to a public official or lower court to
perform a special duty. The Court said this law attempted to give the Court the
authority to issue a writ of mandamus, an exercise of its original jurisdiction, to
Secretary of State Madison. However, Article III, section 2, clause 2 of the
Constitution, as the Court read it, authorizes the Supreme Court to exercise original
jurisdiction only in cases involving “ambassadors, other public ministers and consuls,
and those [cases] in which a state shall be a party. In all other cases, the Supreme
Court shall have appellate jurisdiction.” The dispute between Marbury and Madison
did not involve ambassadors, public ministers, consuls, or states. Therefore, according
to the Constitution, the Supreme Court did not have the authority to exercise its
original jurisdiction in this case. Thus the Judiciary Act of 1789 and the Constitution
were in conflict with each other.
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Declaring the Constitution “superior, paramount law,” the Supreme Court ruled that
when ordinary laws conflict with the Constitution, they must be struck down.
Furthermore, it is the job of judges, including the justices of the Supreme Court, to
interpret laws and determine when they conflict with the Constitution. According to
the Court, the Constitution gives the judicial branch the power to strike down laws
passed by Congress, the legislative branch. This is the principle of judicial review.
Thus, it has been recognized since this decision that it is “emphatically the province
and duty of the judicial department to say what the law is.”
Through this decision, Chief Justice Marshall established the judicial branch as an
equal partner with the executive and legislative branches within the developing system
of government. By refusing to require Madison and Jefferson to deliver the commission
to Marbury, he did not give Madison the opportunity to disobey the Court, making it
look weak. And, by declaring the Court’s power through the principle of judicial
review, he made it clear that the justices did not make their decision out of fear.
Instead, he announced that the Constitution is the supreme law of the land, and
established the Supreme Court as the final authority for interpreting it.
33
Actividades
Las actividades que se presentan son a tí tulo ilustrativ o y pueden
1) Analizar la macro-estructura y dividir por párrafos

2) Dentro de cada párrafo identificar la cantidad de oraciones.
3) Identificar los conectores
4) Identificar los verbos y los sustantivos con la mayor carga de significado
5) Generar un gráfico para conectar ilativamente la información extraída en virtud
de las actividades realizadas en 1 -4
34
UNIDAD 2:
DERECHOS HUMANOS
35
ÍNDICE DE CONTENIDOS
Texto 1: Human Rights Council Complaint Procedure
Texto 2: Human Rights Council Complaint Procedure Form

Texto 3 Human Rights Court Rejects New Attempt to
Extradite Terror Suspect to US
Texto 4: Prohibition of Torture
36
Texto 1: Human Rights Council Complaint Procedure
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 procedure was
established to address 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.
The complaint procedure addresses communications submitted by individuals, groups, or non-
governmental organizations that claim to be victims of human rights violations or that have
direct, reliable knowledge of such violations.
Like the former 1503 procedure, it is confidential, with a view to enhance cooperation with the
State concerned. The new complaint procedure has been improved, where necessary, to ensure
that the procedure be impartial, objective, efficient, victims-oriented and conducted in 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 on
Communications, together with the Secretariat, undertake an initial screening of
communications based on the admissibility criteria set in paragraphs 85 to 88 of resolution 5/1.
Manifestly ill-founded and anonymous communications are screened out. Communications not
rejected in the initial screening are transmitted to the State concerned to obtain its views on
the allegations of violations. Both the author of a communication and the 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 and bringing
consistent patterns of gross and reliably attested violations of human rights and fundamental
freedoms to the attention of the Council. (Click in the “in this section” for more 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 is admissible,
provided that:
It is not manifestly politically motivated and its object is consistent with the Charter of the
United Nations, the Universal Declaration of Human Rights and other applicable instruments in
the field of human rights law;
It gives a factual description of the alleged violations, including the rights which are alleged to
be violated;
Its language is not abusive. However, such a communication may be considered if it meets the
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 of
human rights and fundamental freedoms, or by any person or group of persons, including
non-governmental organizations, acting in good faith in accordance with the principles of human
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 the violations
concerned. Nonetheless, reliably attested communications shall not be inadmissible solely
37
because the knowledge of the individual authors is second-hand, provided that they are
accompanied by clear evidence;
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 reliably
attested violations of human rights already being dealt with by a special procedure, a treaty
body 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 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.
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 procedure
may be addressed to:
Complaint Procedure Unit
Human Rights Council Branch
Office of the United Nations High Commissioner for Human Rights
United Nations Office at Geneva
CH-1211 Geneva 10, Switzerland
Fax: (41 22) 917 90 11
E-mail: CP@ohchr.org
38
ACTIVIDADES:
PREGUNTAS DE LECTO-COMPRENSIÓN:
1. ¿Cuál es el objetivo del procedimiento señalado en el documento?
2. ¿Quiénes podrían iniciar el proceso? Señalar quienes tendrían legitimidad

activa
3. ¿Qué ocurriría con una denuncia que no tiene fundamento o que es anónima?
4. ¿Qué funciones desempeñan el Working Group on Communications y el
Working Group on Situations?
5. ¿Qué requisitos debe cumplir la denuncia para que sea admitida?
39
Texto 2: Human Rights Council Complaint Procedure Form
1) Fuente: http://www.ohchr.org/EN/HRBodies/HRC/ComplaintProcedure/Pages/HRCComplaintProcedureIndex.aspx
Human Rights Council

Complaint 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): …………..
40
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 be
ineffective 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.
41
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:
42
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: CP@ohchr.org
Website: http://www.ohchr.org/EN/HRBodies/HRC/Pages/HRCIndex.aspx
43
ACTIVIDADES:
Analice el formulario. Señale sus diferentes partes y qué información se incluye
en cada sección.
ANÁLISIS LINGÜÍSTICO:
1. ¿Qué tiempos verbales reconoce en el documento?

2. Señale casos de voz pasiva
3. Señale transparencias
4. ¿Qué palabras ligadas a la jerga jurídica reconoce?
5. ¿Qué significa la palabra “allegations”? ¿Puede ser “alegato”?
6. “Qué función cumple “provided that”?

7. En el formulario aparece la expresión “on behalf of” ¿Qué significa?
8. ¿Qué significa la sigla “NGO”?
44
Texto 3: Human Rights Court Rejects New Attempt to Extradite
Terror Suspect to US
Fuente: theguardian.com, Wednesday 11 September 2013 13.42 BST
Human rights court rejects new attempt to extradite terror

suspect to US
Grand chamber of human rights court rejects appeal by UK government over Haroon Aswat because of
his mental illness
Alan Travis, home affairs editor
A renewed attempt by the British government to secure the extradition to the

United States of a terror suspect accused of being a co-conspirator of the
Islamist cleric Abu Hamza has failed.
The grand chamber of the European court of human rights has rejected a British
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, who is
currently detained in Broadmoor high security psychiatric hospital, would amount
to inhumane treatment because his detention conditions were likely to
exacerbate his paranoid schizophrenia.
The European court of human rights ruled in April that Aswat could not be
extradited because of the threatened deterioration in his mental health. The
British government asked for that ruling to be reconsidered but it has now been
rejected.
"While the court held that Aswat's extradition to the US would be in violation of
article 3 (prohibition of inhuman and degrading treatment), it was solely on
account of the current severity of his mental illness and not as a result of the
length 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 real risk
that the potentially more hostile prison environment would result in a significant
deterioration in his mental and physical health.
The US department of justice told the court that it could not say with certainty
where 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 a plan
to set up a jihadist training camp in Oregon.
The latest medical reports in the case indicated that while Aswat's condition was
well controlled, his detention in hospital was required for his medical treatment.
45
ACTIVIDADES:
PREGUNTAS DE LECTO-COMPRENSIÓN:
1. ¿Qué puede deducir leyendo el título y el súbtitulo del artículo?

2. ¿Qué se ha resuelto en el caso mencionado en el artículo?
3. ¿Cómo se fundamentó la decisión judicial?
ANÁLISIS LINGÜÍSTICO:
1. En el texto se menciona la expresión “Human Rights” ¿Qué diferencia hay entre la palabra “law”
y la palabra “right”?
2. Mencione los términos transparentes que aparecen en el texto ligados al campo del derecho
procesal penal.
3. En el texto aparece el verbo “rule”. ¿Qué significado tiene en el texto? ¿Cuál es el significado de
los sustantivos “rule”?
4. ¿Qué significa el adverbio “currently”? Comparar con el significado de “actually” and “really”.
5. ¿Qué significa la palabra “rulings”?
46
Texto 4: European Convention on Human Rights
Fuente: 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 degrading treatment

or punishment.
47
UNIDAD 3:
CONTRATOS
48
TEXTO 1: Introduction to the Law of Contract
TEXTO 2: Contractual Agreement – Offer and Acceptance
TEXTO 3A: Validity of Offers

TEXTO 3B: The Acceptance
TEXTO 4: Carlill v Carbolic Smoke Ball Co.
TEXTO 5: Contracts in Images
APÉNDICE 1: Contract Law – How to Create a Legally Binding

Contract
APÉNDICE 2: Q&A: What are zero-hours contracts?
APÉNDICE 3: What You Didn’t Know About Contract Law
49
TEXTO 1: Introduction to the Law of Contract
Fuente: http://www.lawteacher.net/contract-law/introduction.php
Introduction to the Law of Contract
DEFINITION
A contract may be defined as a legally binding agreement or, in the words of Sir
Frederick Pollock:
"A promise or set of promises which the law will enforce"
The agreement will create rights and obligations that may be enforced in the courts. The
normal method of enforcement is an action for damages for breach of contract, though
in some cases the court may order performance by the party in default.
CLASSIFICATION
Contracts may be divided into two broad classes:
1. Contracts by deed
A deed is a formal legal document signed, witnessed and delivered to effect a

conveyance or transfer of property or to create a legal obligation or contract.
2. Simple contracts
Contracts which are not deeds are known as simple contracts. They are informal
contracts and may be made in any way - in writing, orally or they may be implied from
conduct.
Another way of classifying contracts is according to whether they are "bilateral" or

"unilateral":
1. Bilateral contracts
A bilateral contract is one where a promise by one party is exchanged for a

promise by the other. The exchange of promises is enough to render them both
enforceable. Thus, in a contract for the sale of goods, the buyer promises to pay the
price and the seller promises to deliver the goods.
2. Unilateral contracts
50
A unilateral contract is one where one party promises to do something in return
for an act of the other party, as opposed to a promise, e.g., where X promises a reward
to anyone who will find his lost wallet. The essence of the unilateral contract is that only
one party, X, is bound to do anything. No one is bound to search for the lost wallet, but
if Y, having seen the offer, recovers the wallet and returns it, he/she is entitled to the
reward.
ELEMENTS
The essential elements of a contract are:
1. Agreement
An agreement is formed when one party accepts the offer of another and
involves a "meeting of the minds".
2. Consideration
Both parties must have provided consideration, i.e., each side must promise
to give or do something for the other.
3. Intention to create legal relations
The parties must have intended their agreement to have legal consequences.
The law will not concern itself with purely domestic or social agreements.
In some cases, certain formalities (that is, writing) must be observed.
5. Capacity
The parties must be legally capable of entering into a contract.
6. Consent
The agreement must have been entered into freely. Consent may be vitiated
by duress or undue influence.
7. Legality
The purpose of the agreement must not be illegal or contrary to public policy.
A contract which possesses all these requirements is said to be valid. The absence of an
essential element will render the contract either void, voidable or unenforceable (as to
which see below).
51
In addition, a contract consists of various terms, both express and implied. A term may
be inserted into the contract to exclude or limit one party's liability (the so-called "small
print"). A term may also be regarded as unfair.
A contract may be invalidated by a mistake and, where the contract has been induced
by misrepresentation, the innocent party may have the right to set it aside.
As a general rule, third parties have no rights under a contract but there are exceptions
to the doctrine of privity.
There are different ways of discharging a contract and remedies are available for breach
of contract at common law and in equity.
ENFORCEABILITY
1. Void contracts
A "void contract" is one where the whole transaction is regarded as a nullity.

It means that at no time has there been a contract between the parties. Any
goods or money obtained under the agreement must be returned. Where
items have been resold to a third party, they may be recovered by the original
owner.
2. Voidable contracts
A contract which is voidable operates in every respect as a valid contract

unless and until one of the parties takes steps to avoid it. Anything obtained
under the contract must be returned, insofar as this is possible. If goods have
been resold before the contract was avoided, the original owner will not be
able to reclaim them.
3. Unenforceable contracts
An unenforceable contract is a valid contract but it cannot be enforced in the

courts if one of the parties refuses to carry out its terms. Items received under
the contract cannot generally be reclaimed.
52
Actividades.
A. Analizar las siguientes situaciones y explicar si existió o no la celebración de un
contrato según el contenido del texto. Indicar en el texto dónde aparece la
información pertinente.
1.- X celebra un contrato con XX para que este último cometa un delito.
X celebra un contrato con XX para restringir el derecho a contraer matrimonio. X celebra
un contrato con XX para obtener favores indebidos del gobierno.
2.- Se celebra un contrato de matrimonio mediante el uso de fuerza física o bajo
amenaza de daño corporal.
3.- Una persona que sufre de alguna enfermedad mental o de embriaguez habitual
celebra un contrato.
4.- A es un vendedor de diarios. B entra en su negocio y le ofrece cierta suma de dinero.
A acepta el dinero y le entrega un ejemplar del diario solicitado.
5.- A le compra el departamento a B, pero no hay registro de las condiciones de
contratación entre las partes.
B) Actividad de lectura y comprensión.

1.- Mencionar los efectos de un contrato.
2.- Explicar los tipos de contratos enumerados en el texto.
3. Enumerar los elementos esenciales de un contrato.
C) Completar el siguiente cuadro respecto de la exigibilidad de los contratos:

Contratos Validez ¿Bienes deben
restituirse?
_______ sí/no sí/no
D) Explicar el significado de las siguientes palabras subrayadas en el texto:

1.- though
2.- whether
3.- thus
4.- either.
E) Analizar algunos de los afijos que aparecen en el texto. Por ejemplo: voidable –
unenforceable – invalidated – illegal – resold
F) Armar un diagrama en cuyo centro se encuentre la palabra “contract” y buscar en
el texto todas las palabras o frases que se utilizan con ella (collocations). Ej. “to
discharge a contract”, “to carry out the terms of a contract”, “voidable contract”, “to
enforce a contract”, etc. Continuar ampliando el diagrama con el vocabulario de los
siguientes textos.
53
TEXTO 2: Contractual Agreement – Offer and
Acceptance
Contractual Agreement – Offer and Acceptance

Fuente: http://www.e-lawresources.co.uk/Offer-and-acceptance-contract.php
Contractual agreement has traditionally been analysed in terms of offer and acceptance.
One party, the offeror, makes an offer which once accepted by another party, the
offeree, creates a binding contract. Key concepts that you need to familiarise yourself
with in relation to offer and acceptance include the distinction between an offer and an
invitation to treat - you need to be able to identify specific examples of where an offer or
an invitation to treat exists. Also it is important to know the difference between bilateral
and unilateral contracts. The case of Carlill v Carbolic Smoke ball co. is the leading case
in both these areas so it is worth concentrating your efforts in obtaining a good
understanding of this case.
Offer In order to amount to an offer it must be shown that the offeror had the intention
to be bound.
Invitation to treat
An offer needs to be distinguished from an invitation to treat. Whereas an offer will

lead to a binding contract on acceptance, an invitation to treat cannot be accepted; it is
merely an invitation for offers. Goods on display in shops are generally not offers but
an invitation to treat. The customer makes an offer to purchase the goods. The trader
will decide whether to accept the offer.
Advertisements
Advertisements are also generally invitations to treat. However, in some instances an

advert can amount to an offer.
54
Termination of offers
An offer may be terminated by:
1. Death of offeror or offeree
2. Lapse of time
An offer will terminate after a reasonable lapse of time. What amounts to a reasonable
period will depend on the circumstances.
3. Revocation
The offeror may revoke an offer at any time before acceptance takes place. This may not
apply in unilateral offers where acceptance requires full performance.
4. Counter offer
A counter offer is where an offeree responds to an offer by making an offer on different

terms. This has the effect of destroying the original offer so that it is no longer open for
the offeree to accept.
Acceptance
Once a valid acceptance takes place, a binding contract is formed. It is therefore

important to know what constitutes a valid acceptance in order to establish if the parties
are bound by the agreement. There are three main rules relating to acceptance:
1. The acceptance must be communicated to the offeree.
2. The terms of the acceptance must exactly match the terms of the offer.
3. The agreement must be certain.
1. Communication
The general rule is that the offeror must receive the acceptance before it is effective.
Silence will not generally amount to an acceptance. Acceptance can be through conduct.
The postal rule

Where it is agreed that the parties will use the post as a means of communication, the
postal rule will apply. The postal rule states that where a letter is properly addressed
and stamped, the acceptance takes place when the letter is placed in the post box. It is
relatively easy for the parties to exclude the postal rule.
55
2. The terms of the acceptance must exactly match the terms of the offer.
If the terms differ this will amount to a counter offer and no contract will exist.
3. The agreement must be certain
When viewed objectively it must be possible to determine exactly what the parties have
agreed to.
56
Actividades:
1. Explicar la diferencia entre “offer” e “invitation to treat”.
2. ¿Cómo puede producirse la caducidad de la oferta?
3. ¿Qué sucede cuando el destinatario de la oferta la modifica?
4. Explicar los requisitos esenciales de la aceptación de la oferta.
5. Volver a leer las siguientes oraciones:
- One party, the offeror, makes an offer which once accepted by another party,
the offeree, creates a binding contract.
- Key concepts that you need to familiarise yourself with in relation to offer
and acceptance include the distinction between an offer and an invitation to
treat - you need to be able to identify specific examples of where an offer or
an invitation to treat exists.
Estas oraciones pueden utilizarse para ayudar a los estudiantes a comprender
oraciones extensas. ¿Cómo puedo llegar al sentido de oraciones tan extensas?
Trabajar sobre herramientas que les permitan obtener la información que
brindan estas oraciones.
Por ejemplo:
1. ¿Cuál es el verbo principal de la oración? ¿Qué significa? ¿En qué tiempo se
encuentra?
2. ¿Qué dice a su izquierda? ¿Qué información aparece allí? ¿Por qué aparecen
palabras entre comas?
3. ¿Qué tipo de información aparece a la derecha del verbo?
4. ¿Qué me dice sobre la oferta “which once accepted by another party”?
¿Entiendo el significado de “which”? ¿Puedo recuperar las palabras que han
sido omitidas? ¿Qué estructura se esconde en esta parte?
5. ¿Aparecen otros verbos en la oración? ¿Por qué?
6. En la segunda oración, ¿cuál es el tema?
7. ¿Qué ocurre si omito “that you need to familiarise yourself with in relation
to offer and acceptance”? ¿Facilita esto la comprensión de la oración en un
primer momento? ¿Por qué? ¿Por qué no?
57
TEXTO 3A: Validity of Offers
58
TEXTO 3B: The Acceptance
59
Actividades:
1. Leer atentamente cada caso y responder la pregunta formulada según lo comentado
en el texto anterior (Texto 2) sobre la validez de la oferta y la aceptación de la oferta.
2. Comparar la conclusión a la que arribó con la de un compañero.
3. Leer y comparar sus respuestas con la que formuló el autor, la cual se encuentra a
continuación en el texto.
60
TEXTO 4: Carlill v Carbolic Smoke Ball Co.
Carlill v Carbolic Smoke Ball Co [1893] 1 QB 256 Court of

Appeal
Fuente: http://e-lawresources.co.uk/Carlill-v-Carbolic-Smoke-Ball-Co.php
A Newspaper advert placed by the defendant stated:
£100 reward will be paid by the Carbolic Smoke Ball Company to any person who
contracts the influenza after having used the ball three times daily for two weeks
according to the printed directions supplied with each ball...
£1000 is deposited with the Alliance Bank, showing our sincerity in the matter."
Mrs Carlill purchased some smoke balls and used them according to the directions and
caught flu. She sought to claim the stated £100 reward.
The defendant raised the following arguments to demonstrate the advertisement was a
mere invitation to treat rather than an offer:
1. The advert was a sales puff and lacked intent to be an offer.
2. It is not possible to make an offer to the world.
3. There was no notification of acceptance.
4. The wording was too vague to constitute an offer since there was no stated time limit
as to catching the flu.
5. There was no consideration provided since the 'offer' did not specify that the user of
the balls must have purchased them.
Held:
The Court of Appeal held that Mrs Carlill was entitled to the reward as the advert
constituted an offer of a unilateral contract which she had accepted by performing the
conditions stated in the offer. The court rejected all the arguments put forward by the
defendants for the following reasons:
1. The statement referring to the deposit of £1,000 demonstrated intent and therefore it
was not a mere sales puff.
2. It is quite possible to make an offer to the world.
3. In unilateral contracts there is no requirement that the offeree communicates an
intention to accept, since acceptance is through full performance.
4. Whilst there may be some ambiguity in the wording this was capable of being
resolved by applying a reasonable time limit or confining it to only those who caught
flu whilst still using the balls.
61
5. The defendants would have value in people using the balls even if they had not been
purchased by them directly.
62
Actividades:
Analizar los puntos 1 y 2 antes de comenzar la lectura de este texto y los siguientes (3-7)
luego de leer el texto:
1. ¿Por qué es citado este caso en el Texto 2?

2. Identificar las partes de esta demanda, el tribunal interviniente y el año de su
resolución.
3. ¿Qué originó la demanda?
4. ¿Qué argumentó el demandado?
5. ¿Cuál fue la resolución del tribunal? ¿Por qué?
6. Releer el Texto 2 y explicar los siguientes conceptos aplicados a este caso en
particular: "Invitation to treat" vs "Offer".
7. ¿Qué dice el fallo con respecto a la comunicación de la aceptación en este caso?
63
TEXTO 5: Contracts in Images
Fuente: https://cdn.andertoons.com/img/toons/cartoon7093.png
Fuente: http://worldartsme.com/images/contract-fine-print-clipart-1.jpg
64
Fuente: http://www.stus.com/images/products/ctr0072.gif y http://stus.com/images/products/ethics.jpg
65
Actividad: A manera de conclusión comentar todos los conceptos, situaciones e ideas
que surgen a partir de las imágenes y los textos.
66
UNIDAD 3:
CONTRATOS
MATERIAL ADICIONALNAL
67
Apéndice 1: Contract Law – How to Create a
Legally Binding Contract
Contract Law – How to Create a Legally Binding Contract

Fuente: https://www.sba.gov/blogs/contract-law-how-create-legally-binding-contract
By Caron_Beesley, Contributor
Published: January 2, 2013Updated: August 22, 2014
Whether you are entering into a relationship with a customer, a vendor or an

independent contractor, contracts are a fact of business. You need them because they
serve as legally valid agreements protecting your interests.
But aren’t contracts laden with legalese? Don’t they have to be blessed by an attorney to
ensure their validity? Not always.
In fact, I’ve seen contracts come across my table that are less than one page in length, in
plain English, and still legally binding. How?
Generally, to be legally valid, most contracts must contain two elements:
All parties must agree about an offer made by one party and accepted by the
other.
Something of value must be exchanged for something else of value. This can
include goods, cash, services, or a pledge to exchange these items.
In addition, certain contracts are required by state law to be in writing (real estate
transactions, for example), while others are not. Check with your state or with an
attorney if you are unclear, but it’s always good business practice to put every binding
agreement in writing.
Here’s how your small business can comply with these requirements and ensure your
contracts are legally valid:
1) The Ins and Outs of Reaching an Agreement
The point when two parties come to an agreement can be a little fuzzy. For example,
many businesses will put a standard contract template before an independent
contractor and expect it to be signed without any discussion. At that point – and the law
is clear on this – a legal contract exists only when one party makes an offer and the
other accepts all terms of that offer. So in this example, the contractor is still free to
rebut any of the points in the contract and make a counter offer, until an agreement has
been reached.
How Long Should an Offer Stay Open?
68
Offers are rarely accepted immediately and further discussions or amendments may be
required. Unless the offer has a deadline for acceptance, it can remain open. It’s good
practice to include an expiration date to ensure you have room to maneuver should you
wish to change the terms or revoke the offer before a certain date.
Offers that are subject to an expiration date – known as option agreements – are
typically price-driven or give the buyer the opportunity to mull the decision without
fear of losing out to a competing buyer. It’s important to understand that a seller can
place a fee on option agreements. For example, if you decide to give a buyer 30 days to
think over a purchase, you can charge him for that. This typically occurs when the
product or service is of high value or when the seller pledges not to sell that product to
another customer during that 30-day option period. Likewise, a seller can’t revoke the
offer until that 30-day period ends.
What about Counteroffers?
Bargaining or negotiating can often lead to a counteroffer. Once made, the legal
responsibility to accept, decline, or make another counteroffer then shifts to the original
offeror.
2) The Importance of Exchanging Something of Value
In addition to ensuring both parties are in agreement on the terms of an offer, the
second element that ensures a contract is legally valid is that both parties exchange
something of value. This is important since it differentiates a contract from being a one-
sided statement or even a gift. “Something of value” might be a promise to perform
certain services by one party while the other party agrees to pay a fee for the work
performed.
Most business transactions are based on this exchange of promises. However, the act of
doing the work can also satisfy the exchange of value rule. For example, if you contract
with a vendor to provide you X and Y, but you decide you need to add Z to the final
deliverable, the vendor can create a binding contract by actually doing Z – something
which you can’t quibble or get out of if you change your mind.
More Information and Resources
For more information about the legality of any agreements, consult a lawyer or
attorney.
For insights into what a contract should look like, check out available ttemplates
from SCORE. Use the search field to find “contract agreements” or other keywords for
the type of contract you are looking to create. Also check out these blogs for additional
tips:
Setting Up a Client Contract – Must Know Information for Freelancers

Starting a Freelance Business – How to Take Care of Legal, Tax and Contractual
Paperwork
5 Legal Myths about StartUps
69
How and When to Use Non-Compete Agreements Appropriately
70
Apéndice 2:Q&A: What are zero-hours contracts?
Fuente: http://www.bbc.com/news/business-23573442
Q&A: What are zero-hours contracts?

1 April 2015
Ed Miliband has vowed that a Labour government would give employees on

"exploitative" zero-hours contracts the legal right to a regular contract after they have
worked 12 weeks of regular hours.
Q: What are zero-hours contracts?

A: Zero-hours contracts, or casual contracts, allow employers to hire staff with no
guarantee of work.
They mean employees work only when they are needed by employers, often at short
notice. Their pay depends on how many hours they work.
Some zero-hours contracts require workers to take the shifts they are offered, while
others do not.
Sick pay is often not included, although holiday pay should be, in line with working
time regulations.
Q: Who is on them?
The Office for National Statistics (ONS) says that 697,000 people were employed on
zero-hours contracts for their main job between October and December 2014, based on
figures from the Labour Force Survey. That represents 2.3% of the UK workforce.
This figure is higher than the figure of 586,000 (1.9% of people in employment) reported
for the same period in 2013. The ONS said it was unclear how much of the rise was due
to greater recognition of the term "zero-hours contracts", rather than new contracts
being offered.
The number of contracts that do not guarantee a minimum number of hours was 1.8
million as of August 2014. That was 400,000 more than the previous estimate for
January 2014.
The ONS said the differences in the two totals could reflect seasonal factors, because
they cover different times of the year.
A survey of employers by the Chartered Institute of Personnel and Development
(CIPD) found that a third of voluntary sector organisations used zero-hours contracts,
along with a quarter of public sector employers and 17% of private sector firms.
A high proportion of staff at companies including retailer Sports Direct, pub chain JD
Wetherspoon and cinema operator Cineworld are on zero-hours contracts. They are
also used by other employers, including a number of London councils and Buckingham
Palace.
71
Q: Why are they controversial?
A: There is concern that zero-hours contracts do not offer enough financial stability and
security.
The ONS found that employees on such a contract worked an average of 25 hours a
week.
However, about a third of those on zero-hours contracts want more hours - mostly in
their current job - compared with just 10% of other people in employment.
The CIPD research found that 16% of zero-hours workers said their employer often
failed to provide them with sufficient hours each week.
The ONS said that zero-hours workers were more likely to be women or in full-time
education and aged under 25 or over 65.
Employees on zero-hours contracts also do not have the same employment rights as
those on traditional contracts, and critics are concerned that the contracts are being used
to avoid employers' responsibilities to employees.
The CIPD warned that employers may also take advantage of zero-hours contracts by
using them as a management tool - offering more hours to favoured employees and
fewer to those less valued.
Q: Why do employers use them?

Employers say zero-hours contracts allow them to take on staff in response to
fluctuating demand for their services, in sectors such as tourism and hospitality.
Employers also say that many workers appreciate the flexibility that a zero-hours
contract gives them. Some 38% of workers in the CIPD research described themselves as
employed full-time, working 30 hours or more a week, despite being on zero hours.
Michael Burd, joint head of employment at the law firm Lewis Silkin, says the majority
of employers use zero-hour contracts, not to avoid giving employees their rights, but to
avoid paying fixed overheads and give them flexibility over their workforce.
He points out that this flexibility is envied by employers in struggling economies such
as Spain and Greece, where potential costs may dissuade employers from taking on
staff.
The Institute of Directors has voiced concern about Labour's proposed policy, saying
the changes would be unnecessary and potentially damaging.
Christian May, head of communications and campaigns, said: "Limiting the use of a
zero-hours contract to just 12 weeks would apply rigid controls on an important
element of our flexible labour market. They are used by a little over 2% of workers,
which can hardly be described as an epidemic. Nobody supports the misuse of these
contracts, but demonising and ultimately outlawing them will simply risk jobs."
Simon Rice-Birchall, partner at law firm Eversheds, said it was not clear how the
proposed new right would apply, given that Labour refers to "employees" rather than
"workers".
"Many staff on zero-hours contracts are workers and do not have full employment
status. In addition, depending how the change in the law is drafted, there is a risk that
72
some employers may simply offer contracts with minimal fixed hours to limit its
impact," he said.
73
A.- Actividades de comprensión
1.-Definir al menos tres características de los “zero hour contracts”.
2.- Comentar cuál es la finalidad de las estadísticas citadas en el texto.
3.- Describir los aspectos controversiales en este tipo de contratos.
4.- Mencionar los riesgos destacados por C. May y S. Rice-Birchall.
B.- Opinión
1.- Explicar brevemente qué mejoras podrían hacerse en esta forma de contrato.
2.- Enumerar las ventajas y desventajas que encuentra en estos contratos.
74
Apéndice 3:What You Didn’t Know About Contract
Law
What You Didn’t Know About Contract Law

Fuente: http://common.laws.com/contract-law
What is Contract Law?
A contract is a legally binding agreement between two or more individuals or parties

who share mutual obligations. Contract law is therefore, the scope of law that regulates
and enforces certain obligations attached to a contractual agreement. The typical
remedy attached to a breach of contract, in contract law, is the delivery of “damages” or
monetary compensation. This remedy can be delivered--by the individual or party who
breaches the contract—through a specific performance that was previously required in
the contract or through injunctions. Both forms of remedies will ultimately award the
damaged party the “benefit of the bargain” or by compensating the damaged party
through the delivery of monies.
Basic Principles of Contract Law:
Contract law is predominantly based on the principles expressed in the phrase

“agreements to be kept”; this foundation of contract law simply means that when a
contract is agreed upon between two parties, the stipulations latent in the contract must
be upheld by both entities. A failure to abide by these stipulations and to ultimately
neglect the obligations within the contract will result in a penalty that is enforced
through the adherence of contract law.
Contract law, in essence, can be classified as part of a general law of obligations;
through this definition, contract law can be grouped within tort law, restitution and
unjust enrichment. As a means of economic ordering, contract law will rely on the
notion of consensual exchange; in American jurisdictions, contract law is a broader
scope of law that will encompass a larger category of agreements.
As is common with many legal principles, the basic characteristics of contract law will
vary between jurisdictions. In the United States, contract law requires three
75
foundational elements: a contract will require an offer, an acceptance and consideration
in order to manifest itself into a legally valid contract. In addition to these
characteristics, many courts will also look to the legality of the contract when
determining its validity. If a contract requires a part to do something illegal, it will be
considered void.
Contract Law in Common Law:
Within common law, the elements of a contract are consideration and mutual assent. In
a common law jurisdiction, mutual assent is reached through the initial offer and
acceptance of the contract, meaning the offer is met with an acceptance that does not
vary in terms or stipulations. If a party agrees to accept the contract but does not agree
to all the terms within the contract, the agreement in common law, is not regarded as an
acceptance. This agreement is labelled a counteroffer and, therefore, can be classified as
a formal rejection to the original offer.
The most important feature of contract law is that one party must make an offer for an
agreement that the other party accepts. When the agreement is made tangible through a
signature, the agreement takes the form of a legally-binding document.
http://www.oxfordlearnersdictionaries.com/definition/english/money#money__
76
SELECCIÓN DE TEXTOS.
Este trabajo de compilación contiene los
textos que se utilizarán para el dictado de
la materia. Los textos ilustran los distintos
ejes temáticos abordados para la
enseñanza de las técnicas de comprensión
lectora en lengua extranjera
LECTOCOMPRENSIÓN
– INGLÉS
MATERIAL DIDÁCTICO
DOCENTES
UNIDADES 4 A 6
DEPARTAMENTO DE IDIOMAS
INTRODUCCIÓN
Estimados Docentes:
La compilación de material didáctico 2017 contiene textos y

apéndices. La organización del material permitirá a los docentes
utilizar las combinaciones de textos y apéndices que resulten
más adecuados al nivel de cada grupo de alumnos. Los
primeros textos y apéndices tienen por objeto introducir al
alumno en las técnicas y macro-reglas a utilizar para
desarrollar la habilidad de comprensión de textos en lengua
extranjera. De forma complementaria, se utilizará el material de
referencia distribuido en el 2016, que no ha sufrido
modificaciones
Se ha dividido el cuadernillo en tres volúmenes para favorecer

su manipulación.
ÍNDICE DE CONTENIDOS
UNIDAD 4: DERECHO PROCESAL CIVIL

T exto 1: The Basic Steps in a Civil Lawsuit: Civil Law Process
T exto 2: Civil Process In Graphs
Texto 3: Common Interpretation Seventh Amendment
Texto 4: Pros And Cons Of Having A Jury Sys tem Cartoon: Cons Of
Having A Jury System
Texto 5: Who’s Suing Who In The Mobile Phones Market? (Graph & Text)
Apéndice 1: MAGNA CARTA MUSE AND MENTOR, Trial by Jury
Apéndice 2: CHART CIVIL PROCESS
UNIDAD 5: DERECHO PENAL Y PROCESAL PENAL
Texto 1: What Is Criminal Law?
Texto 2: What Does The Fourth Amendment Mean?
Texto 3: Criminal Procedure: An Overview
Texto 4: Federal Rules of Criminal Procedure
Texto 5: Criminal Justice Process Flowchart
Texto 6: Famous Cases & Criminals: Al Capone
Apéndice 1: Sixth Amendment Text & Activities
Apéndice 2: Are 3D Printed Plastic Guns legal?
Apéndice 3: The Jury Cartoons
UNIDAD 6: DERECHO COMERCIAL: TÍTULOS DE CRÉDITO
INTRODUCCIÓN: ACTIVIDADES AUDIOVISUALES
TEXTO 1: Negotiation and Transfer of Documents of Title (or Commodity Paper)
TEXTO 2A: Negotiable instruments law: an overview
TEXTO 2B: Uniform Commercial Code › U.C.C. - Article 3 - Negotiable
Instruments (2002) › Part 1. General Provisions And Definitions
Apéndice 1: Case No: HC-2014-000704
UNIDAD 4:
DERECHO PROCESAL CIVIL

T exto 1: The Basic Steps in a Civil Lawsuit: Civil Law Process
T exto 2: Civil Process In Graphs

Texto 3: Common Interpretation Seventh Amendment
Texto 4: Pros And Cons Of Having A Jury System Cartoon: Cons Of
Having A Jury System
Texto 5: Who’s Suing Who In The Mobile Phones Market? (Graph & Text)
Apéndice 1: MAGNA CARTA MUSE AND MENTOR, Trial by Jury
Apéndice 2: CHART CIVIL PROCESS

Texto 1: The Basic Steps in a Civil Lawsuit: Civil Law
Process
Fuente: http://www.shestokas.com/general-law/the-basic-steps-in-a-civil-lawsuit-civil-law-process/
october 25, 2012 by david j. shestokas
Thanks to television dramas and criminal trial news coverage criminal law
procedure is familiar to many. How a civil lawsuit proceeds is less well known.
The process and purpose of civil and criminal law differ. In a criminal case, the
government seeks to impose penalties upon an individual for violating the law.
Those penalties can include fines, loss of freedom or even death. The purpose of
the penalties varies from revenge, deterrence, rehabilitation or incapacitation to
protect the community.
A civil lawsuit differs in that it is to resolve matters between private parties. One
person believes another has harmed him, and the courts are available to resolve
the problem.
In a civil lawsuit, an individual or corporation called the plaintiff brings another
party, referred to as the defendant, to court. The plaintiff asks a judge to order
the defendant either to pay money or perform a specific action. A civil suit may
involve family law matters, a contract dispute or a tort.
A tort is a wrongful act, not including a breach of contract or trust, that results in
injury to another’s person, property, or reputation and for which the injured
party is entitled to compensation. Intentional torts include battery, libel and
slander. Negligent torts are the result of conduct that causes unintended injury.
Auto accidents, medical malpractice or product liability are examples of negligent
torts. An attorney well versed in a particular legal area is important as each has
rules unique to it, though the basic principles that follow apply in most
instances.
Initial Steps in a Civil Lawsuit, Complaint & Answer
The plaintiff, or injured party, typically with the help of an attorney, files an initial
document called a complaint, the first pleading in a civil action, stating the cause
of action.
The plaintiff’s complaint asks for damages or relief from a defendant, who is
alleged to have caused the injury. The complaint outlines the legal and factual
reasons why the plaintiff believes the defendant is responsible for his injury.
The clerk of the court then issues a summons to the defendant. Either the sheriff
or a licensed process server formally delivers the summons to the defendant. The
summons provides notice of the lawsuit and a copy of the complaint.
The defendant or his lawyer has a specified time to either personally appear in
court. The defendant is required to file a document referred to as an
“answer”. The answer addresses the facts and the legal claims in the
complaint. The answer tells the court which facts in the complaint the defendant
agrees with, and those with which he disagrees.
Motions in the Early Stages
Once the complaint and answer have been filed with the court, attorneys for both
sides consider proper motions. A motion is a request to the court to issue an
order. The defense may file a motion to dismiss, indicating the complaint does not
contain facts making the defendant liable to the plaintiff. A defendant may file a
motion to dismiss before his answer. The plaintiff may file a motion for summary
judgment, which says the parties do not disagree about the facts of the case and
that those facts make the defendant liable to the plaintiff.
If a court grants either of these early motions, the lawsuit may end. This is why
motions to dismiss or for summary judgment are usually the first parts of a
lawsuit. If these motions are denied (or not filed as inappropriate), then the
lawsuit proceeds.
Discovery and Pre-trial
The next part of the process is discovery. During discovery, the parties exchange
information and documents related to the claim in the complaint and defenses
asserted in the answer. During discovery, depositions may be conducted. A
deposition is testimony given under oath by people with information related to the
lawsuit recorded by a court reporter.
As discovery proceeds, the parties have pre-trial conferences with the judge. The
parties advise the judge of discovery progress and in some situations discuss
possible settlements. The judge often aids in negotiations and sets schedules for
completion of discovery.
During the pre-trial phase, the lawyers may request the judge to bar specific
evidence, witnesses or arguments as legally improper. The judge grants or denies
the motions. Upon completion of discovery, decisions on pre-trial motions and
failure to reach a settlement the matter is ready to go to trial.
Trial and Judgment
At the trial, the plaintiff presents evidence first to a judge either in a bench trial
or a group of citizens in a jury. After the plaintiff presents evidence, the defendant
has an opportunity to present the defense side of the case. The plaintiff has the
burden of proving his case by a preponderance of the evidence. This means that it
is more likely than not, that the claims of the plaintiff are true. This standard of
evidence is much lower than the criminal standard of beyond a reasonable doubt.
Both sides present their cases, and then the judge or jury decides. If the judge or
jury finds against the plaintiff, the case is over. The judge enters a judgment in
favor of the defendant releasing the defendant from liability for the plaintiff’s
claims.
If the judge or jury finds for the plaintiff, the defendant is found to be liable and
judgment is entered for the plaintiff. The court then awards damages (money)
and/or orders the defendant perform a specific act. This order concludes the trial
process and is a judgment in favor of the plaintiff.
Appeals
The losing party may file an appeal if they believe the outcome was incorrect
legally. An appellate court may dismiss the appeal, hear and affirm the
judgment, reverse it, or send it back to the trial court with instructions to correct
legal errors. Many lawsuits go between the appellate court and trial court
multiple times before final resolution.
Enforcement
When a judgment becomes final in favor of the defendant, the plaintiff may not
file suit on the same basis in the future. If the ruling favors the plaintiff, the
defendant must observe all the terms of the judgment. Failure of the defendant to
obey the judgment places the defendant in contempt of court and brings the
danger of prosecution and other penalties for that contempt. Additionally, a
plaintiff with a judgment may seek to enforce it by obtaining a court order to seize
the property of the defendant to satisfy the defendant’s debt. A final judgement
against a defendant can be collected even if the defendant has moved to another
state. This is due to the Constitution’s “Full Faith and Credit Clause”.
Twists and Turns
The above outlines the basics of how a civil lawsuit proceeds. There can be many
twists and turns along the way, with the attorneys filing many different
motions. There are time deadlines and extensions. The process is extremely
important. A plaintiff or defendant can be completely right on the facts but fail to
follow the process and lose the case. While a party to a lawsuit should have an
understanding of the basic process, each area of law has its own quirks. The
rules for a breach of contract, intentional torts, negligent torts, family law, or
malpractice differ from each other. An attorney should be familiar with not only
the general process, but also the specific area of law.
ACTIVIDADES:
1) Realizar un diagrama de flujo del proceso civil descripto en el texto.

2) ¿Qué tipos de litigios se dirimen en un “civil court”?
3) ¿Qué tipo de compensación puede solicitar la parte actora?
4) ¿Qué es una “motion” y cómo puede afectar al proceso?
5) ¿Cuál es el rol del juez en el proceso?
6) ¿En qué casos procede la apelación?
7) ¿Qué consecuencias trae para la parte perdedora incumplir los términos de la sentencia?
Texto 2: CIVIL PROCESS IN GRAPHS
GRÁFICO 1
Fuente:
https://www.google.com.ar/search?q=trial+flowchart&rlz=1C1CHVN_esAR571AR572&espv=2&biw=1280&bih=666&tbm=isc
h&tbo=u&source=univ&sa=X
GRÁFICO 2
Fuente :http://academic.regis.edu/jriley/403%20Civil%20Actions.gif
Texto 3: COMMON INTERPRETATION SEVENTH
AMENDMENT
fuente: https://constitutioncenter.org/interactive-constitution/amendments/amendment-vii
Common Interpretation
THE SEVENTH AMENDMENT

By Renée Lettow Lerner and Suja A. Thomas
To many Americans, jury trials seem to be the normal way of deciding civil cases.
Television programs and movies show exciting scenes of juries deciding important non-
criminal disputes involving individuals, government officials, and companies.
The reality is different. Juries decide less than one percent of the civil cases that are filed in
court. This lack of jury trials may seem strange, as the Seventh Amendment guarantees the
right to jury trial in certain civil cases.
There are two main types of court systems in the United States: federal and state. The
Seventh Amendment requires civil jury trials only in federal courts. This Amendment is
unusual. The U.S. Supreme Court has required states to protect almost every other right in
the Bill of Rights, such as the right to criminal jury trial, but the Court has not required
states to hold civil jury trials. Minneapolis & St. Louis Railroad Co. v. Bombolis (1916).
Nearly all of the states, however, have rights to civil jury trial in certain cases in their state
constitutions.
The United States is almost the only nation that continues to require civil jury trials. Civil
juries similar to those in the United States are not part of the legal traditions of the
Continent of Europe or the legal systems derived from those traditions, including in Latin
America and Asia. Even in England and its former colonies of Canada, Australia, and New
Zealand, civil jury trial has virtually been abolished.
Why did some persons at the founding of the United States think that civil jury trial was so
important that it should be guaranteed in the federal and state constitutions? To understand
the Seventh Amendment, we need to go back into history and the English legal system.
Much of the legal system in the United States, and especially the provisions of the Bill of
Rights, are based on America’s English roots.
The civil jury was an old English institution, older even than the criminal jury. Since the
middle ages, the English had used juries of persons not trained in law to decide certain civil
cases. There were always some English courts that did not use juries. In these courts, judges
decided cases. The most important of these juryless courts was Chancery, also known as
Equity.
In the eighteenth century, as the desire of American colonists for independence from
Britain grew, the jury in America became more important. The British government claimed
that Americans had to obey laws enacted by the British Parliament, in which Americans
had no representation. Americans did participate on colonial juries, and these juries became
a way for Americans to govern themselves. As tensions with Britain rose, juries nullified
(refused to follow) hated British laws, especially laws for collecting taxes. Because colonial
juries had been valuable in the struggle against Britain, Americans put rights to civil and
criminal jury trial into their new state constitutions immediately after declaring
independence in 1776.
By the time the federal Constitutional Convention met in Philadelphia in 1787, opinions
about the civil jury were more mixed. Because state civil juries had been sympathetic to
debtors, Federalists in particular feared nullification of the laws of contract. For this and
other reasons, the federal Constitution that was presented to the states for ratification did
not include a right to civil jury trial.
In the state ratifying conventions for the federal Constitution, Anti-Federalists strongly
protested the lack of a right to civil jury trial. They expressed concerns about debtors, and
also argued that juries could protect litigants from bad laws passed by the legislature,
tyrannical actions by the executive, and corrupt or biased judges. Fearing that a second
constitutional convention might be called if a right to civil jury trial were not included in a
federal Bill of Rights, James Madison drafted what became the Seventh Amendment.
The Seventh Amendment has two clauses. The first, known as the Preservation Clause,
provides: “In Suits at common law, where the value in controversy shall exceed twenty
dollars, the right of trial by jury shall be preserved.” This clause sets out the types of cases
juries are required to decide. The second clause, known as the Re-examination Clause,
declares: “no fact tried by a jury, shall be otherwise re-examined in any Court of the United
States, than according to the rules of the common law.” This clause prevents federal judges
from overturning jury verdicts in certain ways.
The term “common law,” used twice in the Amendment, can be confusing. Today, the term
“common law” often means law declared by judges, as opposed to law enacted by
legislatures. In the Seventh Amendment, the term “common law” means the law and
procedure of the courts that used juries, as opposed to Equity and other courts that did not
use juries.
In interpreting the Seventh Amendment, judges soon encountered a problem. To which

“common law” courts was the Amendment referring? The states had different civil jury
practices, and the federal courts were new. The United States Supreme Court announced a
solution. The term “common law” in the Seventh Amendment meant the common law of
England. Parsons v. Bedford (1830). A century later, the Supreme Court formally declared
that the Amendment was to be iterpreted according to the common law of England at the
time the Amendment was ratified, that is, in 1791. Dimick v. Schiedt (1935).
This interpretation is known as the historical test. Generally, the types of cases that juries
decide and the ways that judges can review their verdicts are supposed to resemble the
practice in English common law courts in 1791. The Supreme Court has stated that the
Amendment preserves the “substance” of the right, not “mere matters of form or
procedure.” Baltimore & Carolina Line, Inc. v. Redman (1935). Departures from the
English practice in 1791 have been permitted, including using six jurors instead of
twelve.Colgrove v. Battin (1973).
Actividad:
En base al análisis del texto, establecer la importancia del jurado tanto en forma
sincrónica como diacrónica.
Hacer una línea de tiempo con la evolución de la interpretación de la Séptima Enmienda.
Según el texto:¿Cuáles son las interpretaciones de “Common Law”?

Texto 4: PROS AND CONS OF HAVING A JURY SYSTEM
Fuente: http://thecanadianjurysystem.weebly.com/pros--cons.html
PROS AND CONS OF HAVING A JURY SYSTEM

Very efficient system, with It is very time consuming. Also depends
approximately 800 years of success on how serious the case is. For example if
it is a 1st degree murder case, it will take
The Canadian Jury System reflects longer for the decision to be made.
Canada’s democratic society by Therefore causing the jury to stay longer.
encouraging citizens to take part and
get involved in their civil duties. The jury may not always consist of the
smartest and brilliant people. Some of
The Jury System is a crucial aspect of them may not have received enough
the Canadian legal system because it education to actually make a call on
ensures that the jurors are equitable. whether the accused is guilty or not.
It prevents the partiality of the judge Horrific cases can seriously affect jurors
alone and it reinforces Canada’s who have to sit through some agonizing
democratic values by having an equal or disturbing evidence.
say from each juror.
Judge has to explain legal matters to the
Justices have their own personal views jurors.
and values. By having a jury for the
case, the fate of the accused is not Jurors are basically deciding what will
solely in one person's hands. Every happen to the accused. This is an issue
juror has an opportunity to put in their because we are talking about the fate of a
opinion instead of just one person person(s) and it may not be dealt with
making a decision based on what they properly or with enough thought. There
think. The accused may, because of may be bias jurors who will purposely
their status, be in conflict with the make an unfair decision. This is
judge's values and views. For example, dishonest and biased towards the
if the accused holds membership in a accused. It is still not a fool proof system.
particular political party and the judge Juries have definitely made mistakes and
has their own views on politics, there wrongly convicted people
may be an unfair decision made.
A jury can be quite expensive and costly
Unanimous verdicts block any bias because jury duty allows for the jurors to
opinions from occurring among the be compensated for lost wages.
jurors
Juries do not have to give any reason for
verdicts and therefore can easily be
influenced by impressive lawyers or even
judges. They can change their opinion
any time they want.
Texto 4: Cartoon: CONS OF HAVING A JURY SYSTEM
Fuente: http://es.slideshare.net/yunudeni/common-law-vs-civil-law-1435418?next_slideshow=1
Actividad:
Analizar el cartoon y responder
1 ¿cuántas personas integran el jurado?
2 ¿se puede definir si son representativos de la sociedad que

integran?
3 ¿ qué mensaje quiere dejar el dibujante respecto de la

intervención del jurado?
Texto 5: WHO’S SUING WHO IN THE MOBILE PHONES MARKET?
http://www.cultofmac.com/61882/handy-mobile-lawsuit-flow-chart-graphic/
Handy Mobile Lawsuit Flow Chart [Graphic]

BY LONNIE LAZAR • 2:21 PM, OCTOBER 5, 2010
Take a look at the litigious melee going on among companies trying to squeeze profits out
of the mobile communications landscape. It’s a wonder we have phones and operating
systems at all, isn’t it?
Interestingly, the one suit against Google by Oracle is somewhat misleading, given that
many of the suits represented by the flying arrows in the graphic relate to Google’s Android
operating system, including all of the ones filed by Microsoft.
Microsoft, with its Windows Mobile 7 OS about to ship, is asserting intellectual property
infringement cases against Motorola and HTC, claiming Google’s Android operating
system runs afoul of patents it holds for several important tasks handled by today’s new
generation of smart phones. Specifically the software giant says Android copies its patented
methods for handling email, contacts and calendar synchronisation, scheduling meetings
and notifying applications of changes in signal and battery strength.
Via [The Guardian]

ACTIVIDADES
RESPONDER
1) ¿qué motivo es el principal impulsor de todas las demandas?
2) ¿qué compañía es la más demandada?
3) ¿qué compañía es la que más demandas entabló?

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Texto 1 : The United States Constitution COMPRENDER UN ÍNDICE:

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Texto 3: The Amendments to the Constitution COMPRENDER GRÁFICOS &

Texto 4 B: Amendment 2COMPRENDER GRÁFICOS & TEXTO

Texto 5: Comparing Federal & State Courts COMPRENDER UN TEXTO

COMPRENDER UN TEXT O PERIODÍSTICO

Apéndice 1: STRUCTURE OF THE COURTS & TRIBUNAL SYSTEM

Apéndice 2:U.S. FEDERAL COURTS MAP (COMPRENDER UN MAPA)

Apéndice 3: UNITED STATES COURT OF APPEALS FOR THE 7TH CIRCUIT

Apéndice 4 MARBURY VS. MADISON

Apéndice 5 JUDICIAL REVIEW (CARTOON ANALYSIS)

Apéndice 6: HOW THE CASE MOVED THROUGH THE COURT SYSTEM

Apéndice 7:SUMMARY OF THE DECISION MARBURY V. MADISON (TEXT FOR

The United States CONSTITUTION

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AMENDMENT 1: Congress shall make no law respecting an establishment of religion, or

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Types of Cases Heard

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CÓMO COMPRENDER UN TEXTO PERIODÍSTICO

The Economist explains

What is the difference between common and civil law?

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Structure of the courts & tribunal system

Distribución Geográfica de Tribunales Federales

COMO NAVEGAR POR PÁGINAS DEL SISTEMA JUDICIAL