Acquire the knowledge to effectively carry out oral proceedings at national level in criminal and commercial matters, as well as to solve conflicts through negotiation, mediation, conciliation and arbitration.
Benefits of the program
- You will be updated in the new accusatory criminal system, in which it has become a requirement to have knowledge in oral litigation.
- You will practice what you have learned through simulations of judgments and analysis of real cases.
- You will master oral litigation techniques.
- You will be trained to intervene in commercial and criminal oral proceedings.
- You will have the necessary knowledge to participate in alternative means for the solution of conflicts.
- Acquire the skills to intervene in the defense of human rights within the inter-American system.
- You will update your knowledge of international commercial litigation and international commercial arbitration.
Solicitor lawyers, public servants (public prosecutors, public defenders, lawyers of public dependencies, etc.), business lawyers, academics, judicial officials and law students at postgraduate level or the last semesters of the career.
Content of the program
Diploma of 10 modules that total 96 hours of study in total.
Module 1. New paradigm for the practice of law (4 hours)
The new challenges for the practice of the legal profession that bring about reforms to the Mexican justice system are identified:
- Oral trials in commercial, criminal, civil and family matters.
- Litigation techniques and litigation before international tribunals.
- The strengthening of alternative mechanisms for the solution of controversies.
- The reform of the amparo trial.
- The control of constitutionality and the diffuse control of conventionality.
Module 2. Techniques of oral litigation (20 hours)
The theory of the case is developed, the interrogation and cross examination of witnesses and experts is conducted, the incorporation of evidence is made, previous statements are correctly used in the oral trial, the use of objections in court is practiced and the opening arguments are conducted and closing.
Module 3. Legal argumentation techniques (8 hours)
The different models of legal argumentation and their application in the different areas of the practice of the legal profession are understood, either for a trial or outside it. In the same way, the types of argumentative construction that are most useful to jurists are used.
Module 4. Conciliation, mediation and restorative justice (8 hours)
The functioning of the alternative dispute resolution mechanisms in general is identified, and its strategic application in the oral commercial and criminal proceedings is emphasized.
In the same way, the difference between alternative mechanisms and restorative justice is established, analyzing the models of the latter and in which cases its application is possible.
Module 5. The mercantile oral trial (16 hours)
The new oral mercantile process is analyzed in each of its stages, the oral litigation techniques applicable to this trial are used, and practical exercises of evidence relief and special procedures for the mercantile oral trial are carried out.
Module 6. The practice of international commercial arbitration (8 hours)
The rules of international commercial arbitration are analyzed with respect to their operation before international arbitral tribunals, and the method of litigation before the aforementioned courts.
Module 7. Strategies of international commercial litigation (8 hours)
The rules that govern international commercial litigation before foreign courts, the conflicting rules to determine jurisdiction and competence, as well as the law applicable to particular cases, are studied.
Likewise, the cooperation rules for international litigation and the rules for the recognition and execution of foreign judgments in Mexico are understood.
Module 8. The new amparo trial applied to the accusatory and oral criminal proceedings (8 hours)
The new amparo trial is reviewed and is applied specifically to acts of authority emanating from the accusatory and oral criminal proceedings, in all its stages.
Module 9. The new system for the protection of human rights. (8 hours)
The value and importance of the reform of the human rights regime in Mexico, the diffuse control of constitutionality and the control of conventionality are analyzed. The functioning of the inter-American system for the protection of human rights is understood.
Module 10. Defense of human rights before the inter-American system (8 hours)
The necessary tools are developed to make use of the inter-American system for the protection of human rights.