Subject

Procedural Law 1

  • code 09335
  • course 2
  • term Semester 2
  • type OB
  • credits 6

Main language of instruction: Spanish

Other languages of instruction: Catalan

Timetable
 Sem.2  TU 15:00 17:00 b503
 Sem.2  FR 15:00 17:00 b503

Teaching staff

Head instructor

Dr. Carlos DE MIRANDA - cdemiranda@uic.es

Office hours

Outstanding importance is given to this aspect of teaching. It is intended that students feel supported and motivated for solving the problems that may arise in their learning activity of matter. Special attention to assist the student in preparing presentations, in the preparation of work, will be paid and, in general, in the actual use of the subject (providing additional tools, bibliographic and jurisprudential materials, etc.). Any issue must be resolved with the teacher, for what it is advisable to get an appointment (send emails to cdemiranda@uic.es, always with a copy to tdiciommo@uic.es). In addition, all virtual correspondence will be forwarded by the subject teacher always contain a copy to another teacher in the area of knowledge, purpose and effect of maximum respect for the principles of collegiality and transparency, by which it is governed this department.

Introduction

Every lawyer must have a basic understanding of procedural law. Fundamentally, because, although the professional activity does not develop in the forensic field, quality advice must keep in mind always the possibility of actual or potential conflict. Now if the lawyer works in the forensic field, the initial requirement becomes indisputable. So, this is one of the subjects of more practical impact, given the high number of professionals who dedicate their work to litigation in private law. In addition, in this area the Spanish justice system is introduced as a whole. Such knowledge will impact later in the better monitoring of subjects such as the Criminal Procedure Law.

Pre-course requirements

No previous knowledge in litigation is required.

Objectives

The following objectives are being pursued:

(i) To know the structure and functioning of the Spanish judicial system and to understand correctly the mechanics of the main civil litigation institutions. It is intended that students understand the matter perfectly, so that they can face the law, explanations of clients and they can be able to assimilate smoothly specialized information.

(ii) Knowing how to handle easily and without help each and every one of the institutions of the civil declaratory process. At the end of the course, they should be able to write and defend an action, interest precautionary measures , requesting that preliminary proceedings, to intervene with profit in previous hearings and find out ordinary and verbal judgments.

(iii) Mastering the legal texts, details, chinks and peculiarities.

Competences / Learning outcomes of the degree programme

  • 03 - To be able to express one's ideas and arguments in an orderly and coherent way both in oral and written form (written and oral techniques)
  • 04 - To turn in documents that have been formally and thoroughly prepared to high standards
  • 06 - To acquire the ability to make decisions
  • 11 - To acquire skills for autonomous learning
  • 17 - To understand and have knowledge of public and private institutional principles in their origin and as a whole
  • 22 - To be able to identify and interpret documentation normally used in legal and negotiating settings
  • 23 - To identify the state, doctrinal and legal framework of a complex legal issue
  • 24 - To acquire the skills to resolve problems and make decisions using relevant information and by applying correct methods while placing the issue within a legal system context
  • 25 - To acquire the skills for legal paperwork processing: composing texts, clarifying a position on a matter, use of forms, etc.
  • 26 - To master the techniques and other evidence taking stategies

Learning outcomes of the subject

1. Knowing and understanding the basics of procedural law, in particular the rules of jurisdiction, competence, and parts of the process.

 2. To identify and distinguish the different types of civil actions.

 3. To know, identify and understand the different phases of the declaratory process and its evidence and the system resources.

 4. There will be acquired skills in oral and written communication.

 5. There will be developed skills in resolving legal disputes related to the contents of the module.

 6. There will be acquired procedural skills.

 7. There will be developed habits of neatness in personal presentation and document.

Syllabus

The syllabus of the subject is the following:

UNIT 1.- Litigation. Autotune. Autocomposition. Heterocomposition, private and state.

UNIT 2.- State heterocomposition: Judiciary and Administration of Justice.

UNIT 3.- Concept, philosophy and structure of judicial processes. In particular, types of civil judicial protection, types of civil proceedings, basic structure of civil proceedings.

UNIT 4.- Principles of the civil process. The constitutional guarantees of the process.

UNIT 5.- The parts of the civil process.

UNIT 6.- Jurisdiction and civil jurisdiction.

UNIT 7.- The object of the civil process.

UNIT 8.- The civil declarative process (1): preliminary proceedings.

UNIT 9.- The civil declarative process (2): precautionary measures.

UNIT 10.- The civil declarative process (3): phase of allegations: demand and answer.

UNIT 11.- The civil declarative process (4): the civil evidence (i).

UNIT 12.- The civil declarative process (4): the civil evidence (ii).

UNIT 13.- The civil declarative process (5): the prior hearing.

UNIT 14.- The declarative process (6): the act of judgment.

UNIT 15.- The declarative process (7): the sentence and the abnormal forms of completion of the process.

UNIT 16.- The declarative process (8): verbal judgment.

Teaching and learning activities

In person

In all sessions, the teaching method of the master lesson will be followed. The lessons will have a strong conceptual and practical component, in the sense of ensuring that the presentation of the topics is based on the analysis of cases where the notion that is intended to be transmitted is clearly perceived. The teacher will take care to adapt the teaching to the satisfactory preparation by the student of the court tests or type "case study".
To attend the classes with benefit, it will be essential to go with the legal texts indicated by the teacher at all times.
The teacher will take care to provide a guide to the student on the methodology to solve practical cases correctly. An exemplary example of a correctly resolved case will also be provided.
The teacher reserves the possibility of completing the bibliographic material, referenced in another section of this Guide, with the teaching instruments that he considers appropriate (technical notes, training videos, etc.).
Eventually, the teacher may offer interested students, during non-school hours, the realization of a seminar of procedural simulation, of an absolutely voluntary nature and without the slightest impact on the evaluation, for those students who wish to learn the essence of the profession of litigator civilian with the sole purpose of completing his training.

TRAINING ACTIVITYCOMPETENCES
Presentación en el aula de los conceptos y su aplicación práctica
17
Actividades en el aula para el seguimiento de los alumnos (individual y en grupo)
03 06 22 23 24 25 26
Actividades fuera del aula para el seguimiento de los alumnos (individual y en grupo)
26
Estudio independiente del alumno
11 17 24
Trabajos individuales
04 22 24

Evaluation systems and criteria

In person

RULES AND EVALUATION PROCEDURES CORRESPONDING TO THE PRESENT STATUS OF ALARM AND TO THE COMPULSORY DOMICILIARY CONFINEMENT (PANDEMIC COVID-19)

(1º) Everything not covered in the following points will be governed by the content of this section of the Teaching Guide, according to its original wording, provided for a normal scenario.

(2º) What is indicated below is useful for both the partial exam and the final exam, whose percentage weight in the final grade remains unchanged (partial exam, 40%; final exam (60%).

(3º) Rules and evaluation procedure for students who voluntarily submit to the exam modality called "of opponents":

3.1. The partial exam will deal with topics 1-10 of the agenda, both included. The final exam will cover all the topics on the agenda.

3.2. The lecturer of the subject will send the exam schedule and the order of interventions the day before the test.

3.3. The test will be carried out by videoconference. If a student already knows that they do not have access to the internet, they must communicate it to the professor who is the subject of the subject immediately and the means of communication to be able to take the exam will be the WhatsApp videoconference platform.

3.4. The videoconference will be recorded by the teacher, for reasons of reciprocal guarantee.
3.5. At the scheduled time, the student will connect. During the entire videoconference, the student's microphone must be open and the camera activated. As soon as the lecture begins, the teacher will ask the student, with his camera, to allow the first to verify that in the room where the student is, he is alone. Likewise, the student will not be able to have more electronic devices that allow communication than the one with which they make the videoconference.

3.6. The teacher will show his screen and the student will see how the teacher, by means of a program of random selection of numbers (http://www.alazar.info/), draws two (among the numbers of the subjects under examination). Of these two, the student selects one of them and expresses it in writing in the chat on the videoconference platform.

3.7. If a student decides "not to appear", they must communicate it in writing, by e-mail, with a copy to the Director of Studies of the Faculty, before 9 am on the day of the test.

3.8. The student will be able to write a previous written outline. During the writing of the outline, on paper, the teacher should be able to see how the student writes. Otherwise, the test will be invalidated and it will be classified as suspended (0.0). For this it will be necessary that between the camera and the student there is at least a meter and a half of distance.

3.9. Exposure should last a minimum of ten minutes. Failure to cover this time will result in suspense with a numerical rating of "0.0".

3.10. The teacher may ask the student to present a specific end of any other topic on the agenda. Example:

-by lottery the student X corresponds to topics 1 and 10, choosing 1;

-the teacher may ask you at the end of the test one or two questions about basic concepts of the remaining topics, including 10;

-To continue, by example, the teacher would ask the student to explain everything they knew about "the litisconsorcio", cutting off the teacher's exposure when he considered that the student had already shown that his knowledge was broad enough.

What is intended with this is that students do not select topics, only the first five are studied, for example, in case of luck, and, ultimately, force them to study all topics with quality.

3.11. In addition to the bibliography indicated in another point of this Teaching Guide, the teacher will provide, at his discretion, or on demand of the students, the additional materials that he considers pertinent to favor the correct preparation of the tests, partial and final.

3.12. After the exam, the teacher will not communicate the grade and the video conference will be cut.

3.13. Given the special present circumstances and the difficulties inherent in an oral test carried out by videoconference, the student is asked for caution in the sense that he lacks any communication mechanism with other people other than the teacher and the teacher reserves the right to request any action from the student aimed at dispelling doubts about the absence of "external help" to the student's own and personal knowledge.

(4th) Standards and evaluation procedure for students who voluntarily submit to the exam modality called "practical case":

4.1. At the beginning of the test, an e-mail will be sent to the entire group with the statement of the case in "pdf" format.

4.2. Simultaneously with the dispatch (at the scheduled time and communicated to the students), all of them will have to connect to a videoconference platform (the one indicated by the professor of the subject), prior invitation to all of them to join the communication.

If a student already knows that they do not have access to the internet, they should notify the teacher.

 

EVALUATION SYSTEMS AND CRITERIA (ORIGINAL VERSION; PRIOR TO THE STATE DECREE OF ALARM AND THE SUBSEQUENT HOME CONFINEMENT)

In this subject, students can choose between two systems: (i) through tipus "coneixement jurdic aplicat" and (* ii) through oral tipus, memoristic-methodology "opposition" -.


The students who vulguin acollir-se to the system of assessment (* ii) make to express-per-electronically to Professor Fins at 24 hours on the 5th of February. Silence is interpreted as a tacit ascription to the evaluation system (i).

D'AVALUACIÓ SYSTEM (I) OR GENERAL SYSTEM


1.- The final note s'obté of the second way and in the second one provided: Partial exam (40%); final exam (60%).
2.- The partial examination will consist of the realization of a pràctic cas, available for 2 hours of temps and a limited space to 4 pages of foli. It is possible to go to the ambva amb tot the material that is desitgi, in paper -in cap cas in electronic format, through qualsevol apparatusiu electrònic-. The exam will continue a fetus suppository and a professional in which it is the one that is demanded by the student. L'alumne will not identify both his name and cognoms but only the number of National Identity Document (because he is anonymous in the correction).
3.- Criteria for assessing the partial examination:
* Formal facet: fins to a maximum of two punts (amb character indicatiu però no exhaustiu: bona presentació, respect de marges, bona lletra, absence of ratllades i * grated, * graphic emphasis of the idees and apartats principals, absence of absences d 'spelling and d'errors sintàctics).
* Plot facet: fins to a maximum of two points (amb character indicatiu, but not exhaustive: capacitat d'enfocament of the problem, congruència of the conclusion concluded l'argumentari de suport, consistency of the idees, expressed orderly of the premises of the reason justificatiu, anticipació d'objeccions, claredat, systematitat, força persuasiva de l'argumentari, ús d'expressions tècnic-jurdiques -precises i correctes-).
* Technical-legal facet: fins to a maximum of sis punts (amb character indicatiu, però no exhaustiu: defense of theses conforming to Dret processal, technical absences of technical-juridics, regulatory fonamentació of the resposta or l'escrit or of the required fee -impressible-, releases in the maneu dels legals texts, capacitat d'interpretació i de superació d'indeterminacions semàntiques i sintàctiques d'aquests, understood dels conceptes aplicats, capacitat per to subsume fets in legal statements).
4.- The final exam will consist of the defense of some element of a practical property-during a 15-minute period, the professor of l'assignatura, in tot cas, and eventually a docent of the area of the area of coneixement (gravant-se en àudio cadascun dels exàmens). L'alumne rebrà l'examen (the cas pràctic, enunciat de fet i qüestions) the first day after the end of the period of lectiu ordinari. Prova pot consists in a practical case, in sentit strictly, as in the writing of a civil process. A l'alumne pot test will be available with the written material that he gave, if it should be noted that in an oral exercise it is very difficult to consult, suggest, prima facie, exclusive occupation of the legal texts .
5.- Criteria for assessing the partial examination:
* Formal facet: fins to a maximum of one point (amb character indicatiu, but not exhaustive: bona presented personal, said correct, adequat maneig of the temps d'exposició, care of the forms and of the norms basic academic courtesy).
* Plot facet: fins to a maximum of two points (amb character indicatiu, but not exhaustive: capacitat d'enfocament of the problem, congruència of the conclusion concluded l'argumentari de suport, consistency of the idees, expressed orderly of the premises of the reason justificatiu, anticipació d'objeccions, claredat, systematitat, força persuasiva de l'argumentari, ús d'expressions tècnic-jurdiques -precises i correctes-, adequate counter-argument, ability to improvise responses to questions of the examiner).
* Technical-legal facet: fins to a maximum of set punts (amb character indicatiu, but not exhaustive: defense of theses conforming to Dret processal, technical-legal-technical abstention, regulatory normative of the response -impressible-, release in the maneig dels legals texts, capacitat d'interpretació i de superació d'indeterminacions semàntiques i sintàctiques d'aquests, understood dels conceptes aplicats, capacitat per to subsume fets in legal statements).
6.- L'Àrea de coneixement will provide students, during the course, a guide to the resolution of practical cases, així mateix, some model or exemple of cas pràctic resolt correctly.
7.- L'examen de segona convotòria tindrà la mateixa idèntica form that the final exam of the first convocation.


D'AVALUACIÓ (II) OR SPECIAL SYSTEM PER OPOSITORS
1.- The final note s'obté of the second way and in the second one provided: Partial exam (40%); final exam (60%).
2.- The partial exam will cover the temes 1-10 of temari, tots two incloso

EVALUATION SYSTEM
Pruebas escritas
Pruebas orales
Resolución de casos
Trabajos individuales y en grupo

Bibliography and resources

(i) The most important documentary material for this subject is the Civil Procedure Law (in its current version), on paper.

(ii) For the study of the subjects and the preparation of the partial and final exams the following bibliography is especially recommended:

- (As masterpiece, header) NIEVA FENOLL, J., Procedural Law I. Introduction, edit. Tirant Lo Blanch, 2019.

- (As second masterpiece, header) RAMOS MÉNDEZ, F., The Civil Trial, 2nd ed., Edit. Atelier, Barcelona, 2015.

- (As third masterpiece, header) NIEVA FENOLL, J., Procedural Law II. Civil process, edit. Tirant Lo Blanch, 2019.

- ORTELLS RAMOS, M., Civil Procedural Law, 15th ed., Edit. Aranzadi, Cizur Menor (Navarra), 2016.

- GIMENO SENDRA, V., Civil Procedure Law I. The declaration process, edit. Luna Castle, Madrid, 2015.

(iii) Students have access licenses to the Westlaw Insignis database, where they can consult jurisprudence.

 

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