Universitat Internacional de Catalunya

Fundamental Issues in Public and Private Law 2

Fundamental Issues in Public and Private Law 2
4
13540
1
Second semester
op
Main language of instruction: Spanish

Other languages of instruction: Catalan, English,
If the student is enrolled for the English track then classes for that subject will be taught in the same language.

Teaching staff


Any question regarding the progress of the subject, its content or its or its assessment should be directed to the course coordinator.

Introduction

In the event that the health authorities announce a new period of confinement due to the evolution of the health crisis caused by COVID-19, the teaching staff will promptly communicate how this may effect the teaching methodologies and activities as well as the assessment.


This is an essential subject for this optional academic pathway. Students will be guided through an in-depth exploration of selected legal issues of singular relevance to procedure public law, until they achieve the knowledge levels of true specialists.

The legal subjects objected to the assignment keep paral·lelisme with the corresponding practical aspects of the MUA. This way of proceeding allows the students to study a certain institution, which is essential in the matter, in a meticulous and detailed way, in teòric (more than teacher's explanations) and in practice.

 

Pre-course requirements

None required.

Objectives

That students develop his knowledge in relation to certain subjects until they reach a level of excellence that makes them true specialists.Provide the student with extensive connections at a legal, doctrinal, and jurisprudential level, which allows the practice of the MUA's program as a professional in the matter.

 

Competencies

  • CA11 - Know how to develop skills that allow lawyers to be more efficient in their work and enhance the overall functioning of the team or institution they belong to by accessing information sources, using their knowledge of languages, knowledge management and the management of applied techniques and tools
  • 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

Students will learn how to:

Further develop the knowledge acquired in their Law Degree with regard to certain specific subjects reaching a level of excellence and achieving the complete mastery of legal texts, together with the keys to their jurisprudential and doctrinal interpretation.

Syllabus

Unit 1. Precautionary measures, Budgets. Characteristics and problems they raise.

Unit 2. Acts prior to the process. Preliminary proceedings. Pre-procedural conciliation. Mediation in civil matters, principles and procedure.

Unit 3. The demand. Requirements. Effects. The admission of the claim and the functions of the Lawyers of the Administration of Justice.

Unit 4. The answer to the claim and other attitudes of the defendant. Exceptions and their classes. Counterclaim. Rebellion.

Unit 5. The pre-trial hearing. Moment. Subjects and purposes. The Trial and its development.

Unit 6. Verbal judgment. Demand and answer. Counterclaim and accumulation of shares. Rules of application and competition. Oral hearing, cases of celebration. Non-attendance of the parties at sight. Vision development. The resolution on procedural defects and their correction. Appeals against interlocutory resolutions. Problems that arise in terms of evidence.

Unit 7. Types of declarative processes: Ordinary and special. Incidental matters. Lessons. Process. Determination of the corresponding process. Special consideration of the preliminary questions and their classes.

Teaching and learning activities

In person



The teaching staff will indicate to the students, at the beginning of the course, the topics they should work on and the recommended sources of study material (mainly legal texts).

Students will prepare the subjects autonomously, prior to the teaching sessions, studying them in a complete and rigorous way. Upon arrival in the classroom and during the first hour of class, the teacher in charge will cover the study content planned for that day and resolve any student queries that may have arisen. In the second hour, the students will present, orally, the topic or topics planned for that day. For the oral presentation, the methodology will be the same used for public function, enabling students to demonstrate they have fully assimilated and understand perfectly the knowledge learnt previously.

Evaluation systems and criteria

In person



The final grade for the course will be made up of the final exam grade that will count 90% and the continuous assessment grade that will count 10%: 

The continuous evaluation will consist of the oral presentation of the topics by the students in the second hour of each lesson session. 

The final exam will consist of an oral presentation for 15 minutes of one of the subjects of the first semester chosen at random. 

The dynamics will be exactly the same as that followed in the first semester subject "Fundamental Issues of Public and Private Law I".

Bibliography and resources

Students, following the teacher's guidance, will be responsible for acquiring the necessary materials at the beginning of the course.

Teaching and learning material