Universitat Internacional de Catalunya
Civil Law Consultancy
Other languages of instruction: Catalan
Teaching staff
Reyes Alcón: ralcon@uic.es
Office hours: Monday to Friday from 9.30 a.m. to 1.30 p.m. In all cases an email should be sent in advance to arrange an appointment.
Any queries regarding the progress of the module, its content or its assessment should be addressed to the course coordinator, Prof Salvador Durany at sdurany@uic.es.
Introduction
This subject is aimed at addressing the main topics relating to Civil Law Consultancy using case methodology. The most relevant civil matters will be analysed using standard practices applied by law firms based on practical cases designed and developed by professional lawyers.
Pre-course requirements
None required.
Objectives
The key objective is for students to be able to assimilate the knowledge acquired during the degree course and apply it to the real and specific problems of practicing in the field of civil law. This subject has a clear professional orientation, aimed at the practice of law.
It will also provide the methodological basis applying good judgement and a comprehensive approach to giving legal advice to citizens as well as knowledge of the basic components of legal consulting along with the tools necessary to analyse areas of professional intervention in different areas, including applying alternative systems to conflict resolution other than jurisdictional ones.
Competences/Learning outcomes of the degree programme
- CN03 - The students will be able to determine the administrative or jurisdictional instance and the action or procedure undertaken to defend the rights of the client.
- CN04 - The students will be able to determine the legal instrument appropriate to represent the interested parties before third parties, before public administrations and before the courts.
- CN05 - Students will be able to identify the legal acts that require notarial intervention and those that require registration in order to take effect.
- CP03 - Students will be able to interact appropriately with citizens, institutions and other professionals.
- CP04 - The student will respect the fundamental rights of equality between men and women, and the promotion of human rights and the values inherent in a peaceful society of democratic values.
- HB01 - Students will be able to correctly and adequately apply the specialised knowledge acquired in the bachelor's degree to professional practice before courts or public authorities, as well as in the advisory functions with respect to the principles of equal treatment and non-discrimination.
- HB02 - Students will be able to use techniques aimed at ascertaining and establishing the facts in a range of different proceedings, particularly in regard to the preparation of documents, interrogations and expert evidence.
- HB03 - Students will be able to integrate the right to defence and the procedural postulation of clients appropriately within the framework of the national and international jurisdictional systems of protection.
- HB07 - Students will be able to clearly and precisely differentiate the private interests represented by legal professionals from those of a public nature which have been entrusted to them by the law and the courts when collaborating with the courts in the implementation of judicial decisions.
- HB08 - Students will be able to incorporate the rights and deontological duties of the person exercising the law or practising it in relation to clients, other parties, courts, public authorities and other professionals.
- HB10 - The students will be able to use the most relevant techniques in each case aimed at the identification and settlement of tariff duties, tax obligations, the establishment of judicial deposits and the provision of any expenses and costs necessary to guarantee the effective judicial protection of the rights of the persons represented.
- HB12 - Students will be able to use conflict resolution techniques most relevant to each situation and context properly and with their own independence of judgement.
- HB19 - Students will be able to extract legal consequences from the facts in all procedural areas with sound arguments.
Learning outcomes of the subject
The student will be able to:
- Recognise the main areas of legal counsel: civil..
- Apply the basic principles of consultancy in civil law.
- Identify the main exemplary cases from different branches of law.
- Confidently generate the main legal documents (contractual and other, in any case out of court) in the fields of civil.
- Draft reports and opinions in the interest of clients or the public administration in strictly substantive aspects in the field of civil law.
Teaching and learning activities
In person
The training activities that will be carried out for the compulsory subjects are:
- Lecture (CM): The faculty expounds the most relevant theory of the subject to reinforce knowledge of the bachelor’s degree and ensure a correct performance in other training activities.
- Case study analysis (ACP): Analysis and discussion of the legal qualification of the facts, permitted procedural alternatives, other alternatives for the balancing of conflicting interests and elaborate procedural briefs related to the matter.
- Simulation of professional situations (SEP): Supervised recreation of all kinds of professional legal procedures, written and oral, both in the field of legal advice and in forensic practice. Students must prepare the recreations in advance on assumptions and materials extracted from real cases.
- Case preparation and/or simulations (PCS): Prior to the face-to-face class. Carried out individually or in groups. It will allow the student to participate appropriately in the discussion of the assumption or in the performance of the simulation.
- Self-study: Students analyse, seek information or solve problems on their own, using the material provided, databases, bibliography and information collected in face-to-face classes and/or during work experience. Necessary work in all modules, aimed at deepening and consolidating knowledge and greater performance of the sessions of case method or simulation of professional scenarios.
The teaching methodologies to be used in compulsory subjects are as follows:
- Theory class (CT): Method with which the faculty provides the most substantial theoretical aspects of the subject to reinforce the knowledge already acquired in the undergraduate degree and ensure a correct performance in the other training activities.
- Case method (MC): Allows student deliberation under the guidance and participation of the teachers. They must present a practical case in class in order to analyse and solve it. In some activities the presentation of the case and its resolution are carried out in the same learning unit. However, the case is usually previously worked on by the students individually or in a group in order to take advantage of the performance of the face-to-face sessions appropriately. The activity is always guided by the teachers. Students are encouraged to put the acquired knowledge into practice as they have the opportunity to integrate new knowledge while dealing with the complexity of real situations.
- Simulation of professional situations (MSEP): The recreation of all kinds of possible situations taken from real cases of professional performance, in legal advice or in forensic practice. After adequate preparation and supervision the student is required to carry out the exercise themselves, individually or collectively, before a teacher who will accompany them during the exercise and then evaluate it.
Evaluation systems and criteria
In person
- Case study analysis (RCP): The students must demonstrate their capacity to resolve the practical cases presented and will be evaluated according to the legal qualification of the facts, procedural alternatives of defence, the preparation of procedural briefs related to the case in both formal and substantive aspects and written expression, especially with regard to the use of legal language.
- Simulation of professional situations (RSEP): Students must demonstrate their ability to carry out professional written and oral legal activity, both in the field of legal advice and in forensic practice, and they will be evaluated according to the legal technical rigour and the quality of their simulated professional intervention.
- Written exam (PE): Objective proof of multiple replies or responses, or of development of theoretical or practical questions on which they must justifiably rule or resolve.
The evaluation is continuous, with a weighting of 60% for participation/practical cases/classwork and 40% for the exam.
Bibliography and resources
Basic Bibliography:
Updated manuals of the subjects that involve Commercial Law.
The use of the main legal databases is recommended.
Further Reading:
In most of the cases that are worked in the classroom, specific bibliographic sources have been incorporated for their preparation. They are attached with the material that is provided to students.