Procedural Law I
Code: 102207 ECTS Credits: 6| Degree | Type | Year | Semester |
|---|---|---|---|
| 2500786 Law | OB | 3 | 1 |
Contact
- Name:
- Nuria Reynal Querol
- Email:
- Nuria.Reynal@uab.cat
Use of Languages
- Principal working language:
- catalan (cat)
- Some groups entirely in English:
- No
- Some groups entirely in Catalan:
- Yes
- Some groups entirely in Spanish:
- Yes
Teachers
- Manuel-Jesús Cachón Cadenas
- Cristina Riba Trepat
- Maria Consuelo Ruiz de la Fuente
- Santiago Orriols García
- Montserrat Carceller Valls
Prerequisites
For attending this course previous enrollment in Constitutional Law, Civil Law and Criminal Law is recommended during 1st and 2nd years of the Degree of Law; all these courses offer basic training in relation to the legal system and without them the contents of Procedural Law I cannot be properly understood nor analysed.
Group 01: Prof. Santiago Orriols (catalan)
Group 02: Prof. Manuel Cachón and Prof. Consuelo Ruiz (spanish)
Group 03: Prof. Consuelo Ruiz (spanish)
Group 51: Prof. Montserrat Carceller (catalan)
Group 70: Prof. Cristina Riba (catalan)
Objectives and Contextualisation
Main objective of this course is a good knowledge and understanding of the basic elements of the Civil Process system: courts, parties, and process, paying special attention to ordinary civil trials.
Competences
- Acquiring the basic knowledge from the several legal dogmas and presenting them in public.
- Demonstrating a sensible and critical reasoning: analysis, synthesis, conclusions.
- Drawing up legal texts (contracts, judgements, sentences, writs, rulings, wills, legislation...).
- Efficiently managing information, being capable of assimilating a considerable volume of data in a limited amount of time.
- Identifying, knowing and applying the basic and general principles of the legal system.
- Memorising and utilising legal terminology.
- Working in multidisciplinary and interdisciplinary fields.
- Working in teams, being either a member or a coordinator of working groups, as well as making decisions affecting the whole group.
Learning Outcomes
- Defining the basic procedural concepts.
- Demonstrating a sensible and critical reasoning: analysis, synthesis, conclusions.
- Distinguishing the procedural and non-procedural documents of the several procedural fields.
- Efficiently managing information, being capable of assimilating a considerable volume of data in a limited amount of time.
- Identifying the arisen procedural problems and looking for a solution for them in the several sources and resources studied.
- Identifying the procedural issues presented in every practical case.
- Managing the sources and resources needed in order to find the solutions to the practical cases.
- Relating the basic procedural concepts to the rest of legal disciplines.
- Using the legal procedural language.
- Working in multidisciplinary and interdisciplinary fields.
- Working in teams, being either a member or a coordinator of working groups, as well as making decisions affecting the whole group.
Content
Lesson 1: Jurisdictional organisation. Civil jurisdiction.
Lesson 2: Civil competence.
Lesson 3: Parties in civil process.
Lesson 4: Ordinary declarative trials.
Methodology
The teaching of this course will be mixed: the master classes will be virtual and the practical activities in the classroom will be presential.
The methodology and the assessment may have some modifications depending on presential restrictions imposed by the health authorities.
Students’ learning process in this course is organised around three types of activities:
1.DIRECTED ACTIVITIES
Directed activities are performed in classroom during class-hours under the direction of the lecturer. Directed activities are theoretical activities.
In these theoretical sessions the lecturer, based on the applicable Law, explains different contents of the course. It is necessary that all students have an updated compilation of procedural normative.
2.SUPERVISED ACTIVITIES IN THE CLASSROOM
Students, alone or in little groups, carry out supervised activities in classroom. Supervised activities are practical activities.
These practical sessions can, among others, consist of case-resolutions, analysis and discussion of court-judgements, oral presentations, debates, etc.
3.AUTONOMOUS ACTIVITIES
In these activities students, alone or in group, organise their time and effort autonomously.
Autonomous activities include, among others, search and study of bibliography, elaboration of drafts or summaries, search of case-law and preparation of scored activities afterwards in classroom corrected.
In this course most of the autonomous activities are connected to the following-up of theoretical classes, elaboration of practical activities and preparation for the exam.
Activities
| Title | Hours | ECTS | Learning Outcomes |
|---|---|---|---|
| Type: Directed | |||
| master class | 22.5 | 0.9 | 1, 2, 4, 5, 8, 11, 10, 9 |
| practical activities in the classroom | 22.5 | 0.9 | 1, 2, 3, 4, 6, 5, 8, 11, 9, 7 |
| Type: Autonomous | |||
| personal work of the student | 90 | 3.6 | 1, 2, 3, 4, 6, 5, 8, 11, 10, 9, 7 |
Assessment
CONTINUOUS ASSESSMENT:
-There will be 3 scored activities, distributed throughout the course.
-At the beginning of the course, the lecturer of each group will indicate the specific date for these scored activities.
-The 3 scored activities are stated below and have the following weighting in the final grade:
1) theoretical and/or practical exam of part of the subject: 40%
2) theoretical and/or practical exam of part of the subject: 40%
3) activities: case-studies, oral presentations, case-law essays, assistance and participation at class, etc: 20%
-At the discretion of each teacher, a minimum grade in each of the evaluable activities may be required to pass the continuous assessment.
FINAL EXAM:
-The student who does not follow-up continuous assessment can sit for a final exam of the course.
-This final exam will be a 50% of the final score.
Example: in case the student in this final exam gets a 7 (out of 10), the note that would be left would be a 3'5 (out of 10). Therefore, it would not pass the course and should be submitted to the reevaluation.
REEVALUATION:
-The student who does not pass the continuous assessment or, when relevant, the final exam may be elegible for the reevaluation-exam.
-For the reevaluation-exam the student must at least have a 3 (out of 10) in the average grade of the course.
REVIEWING PROCESS:
-After the elaboration and qualification of every scored activity, the lecturer will set a date to review the activity for any student interested.
FRAUDULENT CONDUCT:
A student who cheats or try to cheat an exam will have a 0 as a mark. A Student who submits a paper o practical in which there is evidence of plagiarism will have a 0 as a mark and will receive a warning. In case of repetition, the students will fail the subject.
Assessment Activities
| Title | Weighting | Hours | ECTS | Learning Outcomes |
|---|---|---|---|---|
| activities | 20% | 5 | 0.2 | 2, 3, 6, 5, 8, 11, 10, 9, 7 |
| partial exam theory and/or practic | 40% | 5 | 0.2 | 1, 2, 4, 8, 9 |
| partial exam theory and/or practic | 40% | 5 | 0.2 | 1, 2, 4, 8, 9 |
Bibliography
RAMOS MÉNDEZ, Francisco, Juicio Civil, Atelier, Barcelona, last edition.
RAMOS MÉNDEZ, Francisco, El sistema procesal español, ed. Atelier, Barcelona, last edition.
RAMOS MÉNDEZ, Francisco, Enjuiciamiento Civil, 2 vols, Atelier, Barcelona, last edition.
GIMENO SENDRA, Vicente, Introducción al derecho procesal, Castillo de Luna, Madrid, last edition.
GIMENO SENDRA, Vicente, Derecho Procesal I. El proceso de declaración. Parte General, Castillo de Luna, Madrid, last edition.
ORTELLS RAMOS, Manuel, Introducción al derecho procesal, Aranzadi, Navarra, last edition.
CÁMARA RUIZ, Juan; CUCARELLA GALIANA, Luís Andrés; ORTELLS RAMOS, Manuel; Derecho procesal civil, Aranzadi, Navarra, last edition.
NIEVA FENOLL, Jordi, Derecho Procesal I.Introducción, II.Proceso Civil, Marcial Pons, Barcelona, last edition.
NIEVA FENOLL, Jordi, BUJOSA VADELL, Lorenzo (Dirs.), Nociones preliminares de derecho procesal civil, Atelier, Barcelona, last edition.
ORMÁZABAL SÁNCHEZ, Guillermo, Introducción al derecho procesal, Marcial Pons, Madrid, last edition.
MORENO CATENA, Víctor; CORTÉS DOMÍNGUEZ, Juan Luís; Introducción al derecho procesal, Tirant lo Blanch, Madrid, last edition.
MORENO CATENA, Víctor; CORTÉS DOMÍNGUEZ, Juan Luís; Derecho procesal civil, Tirant lo Blanch, València, last edition.
ASENCIO MELLADO, José María, Introducción al derecho procesal, ed. Tirant lo Blanch, Valencia, last edition.
ASENCIO MELLADO, José María, Derecho procesal civil, Tirant lo Blanch, València, last edition.
MONTERO AROCA, Juan; GÓMEZ COLOMER,Juan Luís; MONTÓN REDONDO, Alberto; BARONA VILAR, Sílvia; Derecho Jurisdiccional I Proceso Civil, Tirant lo Blanch, València, last edition.
MARTIN OSTOS, José, Materiales de derecho procesal, ed.Tecnos, Madrid, last edition.
ARMENTA DEU, Teresa, Lecciones de Derecho Procesal Civil, Marcial Pons, Barcelona, last edition.
GARBERÍ LLOBREGAT, José, Introducción al nuevo proceso civil, vol.I, Tirant lo Blanch, València, last edition.
DE LA OLIVA SANTOS, Andrés; DÍEZ-PICAZO GIMÉNEZ, Ignacio; VEGAS TORRES, Jaime; Derecho procesal civil, Centro de Estudios Ramón Areces, Madrid, last edition.
DE LA OLIVA SANTOS, Andrés, Curso de derecho procesal civil I.Parte General, II.Parte Especial, Centro de Estudios Ramón Areces, Madrid, last edition.