Universitat Internacional de Catalunya
Civil and Trade Litigation
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 Tiziana Di Ciommo
Introduction
The Civil and Commercial Litigation course deals with the different civil and commercial judicial processes. It also deals with the basic principles of civil procedural law.
Pre-course requirements
None required.
Objectives
The fundamental objective of this subject is to provide students with the necessary tools to prepare procedural documents, master the civil procedure and apply the rules established by the legal system.
Likewise, it is intended that students apply the basic principles of commercial judicial processes and prepare the required procedural documents for commercial judicial defence using case methodology.
Competences/Learning outcomes of the degree programme
- CA02 - Know the techniques used to ascertain and establish the facts in the different types of procedures, especially with regard to the production of documents, cross-examinations and expert testimony.
- CA03 - Know and be able to integrate the defence of clients’ rights within the framework of national and international jurisdictional protection systems.
- CA10 - Develop skills and abilities to choose the correct strategy for defending the rights of clients, taking into account the demands of the different areas of professional practice.
- CA13 - Know how to present facts orally and in writing, extracting and arguing their legal consequences, taking into account the context and who they are being addressed to in accordance with the methods applicable to each procedural area.
- CB06 - Possess and understand knowledge that provides a basis or opportunity to be original in the development and/or application of ideas in a professional context.
- CB10 - Possess the learning skills that allow them to continue studying in a mainly self-motivated and self-reliant way.
- CG01 - Acquire the ability to work individually and as part of a team as well as the communication and leadership skills required to progress in the legal profession.
Learning outcomes of the subject
Students will learn how to:
- Recognise and value the arguments on which civil judicial processes are based and to identify emblematic references for each case.
- Prepare all the required procedural documents for the civil judicial defence of a client.
- Apply the basic principles of civil procedural law; Identify the main problems that may arise in the course of the case.
- Apply the rules of evidence in civil process.
Syllabus
Civil process: Principles of the process; types of lawsuit; civil process phases; evidence; resources; precautionary measures; preliminary proceedings; execution; special declarative proceedings; special summary declaratory proceedings.
Teaching and learning activities
In person
The University Master's Degree in Advocacy bases its methodology on the “case method” which consists in studying real-life scenarios and problems that law firms deal with. Students prepare and analyse cases, identify issues and, once in class together with the teacher, either individually or in groups, look for solutions and share the possible alternatives available.
Our intention with the case method is to help students acquire the main skills of a good legal professional such as logical reasoning, ease of oral expression and language proficiency, among others.
The module on Civil and Commercial Litigation consists of 5 ECTS of which 50 hours are teaching and then a minimum of 60 hours work by each student on which they will be assessed.
Evaluation systems and criteria
In person
The evaluation consists of two parameters:
• Participation in class: Accounts for 60% of the final mark.
• Written examination consisting of a test and a case study: Accounts for 40% of the final mark.
Bibliography and resources
As a main resource, students should have a current copy of the Code of Civil Procedure (Ley de Enjuiciamiento Civil). In addition, an updated version of the Commercial Law (Leyes Mercantiles) code is required.
As a supporting bibliography, the following is particularly recommended:
-Ramos Méndez, F., El juicio civil, 2nd ed., Edit. Atelier, Barcelona, 2015.
-Ramos Méndez, F., Enjuiciamiento Civil. Como gestionar los litigios civiles, 2 volumes, edit. Atelier, Barcelona, 2008.
-VVAA, Práctica Procesal Civil (Brocá-Majada-Corbal), 10 volumes, 23rd ed., Edit. Bosch-Wolters Kluwer, Barcelona, 2014.
Notwithstanding the above references, a generic referral is made to the different manuals and monographs dedicated to the disciplines of Civil Procedural Law and Commercial Law that form part of the bibliographic collections of the UIC Barcelona library.
Finally, the teaching staff of the module provide students with some additional materials as the course progresses.