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2020/2021

Moot Court

Code: 105067 ECTS Credits: 6
Degree Type Year Semester
2500786 Law OT 4 0
The proposed teaching and assessment methodology that appear in the guide may be subject to changes as a result of the restrictions to face-to-face class attendance imposed by the health authorities.

Contact

Name:
Maria Jose Rodriguez Puerta
Email:
MariaJose.Rodriguez.Puerta@uab.cat

Use of Languages

Principal working language:
spanish (spa)
Some groups entirely in English:
Yes
Some groups entirely in Catalan:
No
Some groups entirely in Spanish:
Yes

Other comments on languages

It is essential to read in English because an important part of the documentation is in English.

Teachers

Claudia Cristina Jiménez Cortés
Carles Górriz López

Prerequisites

english knowlege and willingness to exercise public speaking

Objectives and Contextualisation

The course is structured in a debate format and therefore has as main objectives:

1) Improve the argumentative capacity and orality of the students

2) Improve the ability to analyze relevant legal problems in complex situations, from an interdisciplinary perspective

3) Encourage teamwork

4) Improve the drafting and presentation of legal texts and arguments

5) Learn to identify the possible relevant legal strategies in a given case

Competences

  • Arguing and laying the foundation for the implementation of legal standards.
  • 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 and solving problems.
  • Identifying the underlying conflicts of interest in disputes and real cases.
  • Managing bibliographic and documentary resources: databases, browsing, etc.
  • Planning and organising: managing of time, resources, etc.
  • Presenting in front of an audience the problems of a concrete law suit, the applicable legal regulations, and the most consistent solutions.
  • Searching, interpreting and applying legal standards, arguing every case.
  • Students must be capable of leading a group of people, by using the appropriate methods to guide individuals or groups towards the attainment of a goal.
  • 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

  1. Compile a list of applicable legal rulings.
  2. Draft specific legal texts for simulated cases.
  3. Efficiently managing information, being capable of assimilating a considerable volume of data in a limited amount of time.
  4. Identify and classify the different court documents and writings in the different areas of court practice.
  5. Identifying and solving problems.
  6. Managing bibliographic and documentary resources: databases, browsing, etc.
  7. Plan a court strategy adapted to underlying conflicts of interest in the case study.
  8. Planning and organising: managing of time, resources, etc.
  9. Present arguments for the application of legal rulings to the peculiarities of the simulated cases.
  10. Students must be capable of leading a group of people, by using the appropriate methods to guide individuals or groups towards the attainment of a goal.
  11. Undertake public tests of the proposed solutions for a specific court case.
  12. Using the legal procedural language.
  13. Working in multidisciplinary and interdisciplinary fields.
  14. Working in teams, being either a member or a coordinator of working groups, as well as making decisions affecting the whole group.

Content

Block 1: General part

a) Presentation and Introduction to the judicial simulation course

b) Basic concepts and elements of litigation in: International commercial law / International public law-HR / International criminal law)

Block 2: Case analysis

a) Analysis of the facts of the case (International commercial law / International public law-HR / International criminal law)

b) Analysis of the legal problems in the case (International commercial law / International public law-DH / International criminal law)

Block 3. Litigation strategy 

a) Preparation of the litigation according to the roles: procedural aspects

b) Preparation of the litigation according to the roles: sustantive aspects

Block 4: Judgment and evaluation

a) Presentation of the written memorials

b) Oral judgments

c) Joint statement of the course results

Methodology

The students will be divided into 3 groups of approximately 10/12 persons. Each group will work the full term in one of the folowed fields:

a) International public law (human rights),ENGLISH

b) international criminal law (ICC) SPANISH/ENGLISH

c) International bussines law. SPANISH/ENGLISH

In spite of working a different case, all three groups will use the same methodology. The subject requires "proactivity" from the students, who will work the contents autonomously with the aim to prepare a strategie to defend a written and oral position.

The work to be done for the adequate learning of the contents of the course requires the realization of two types of activities.
 
1.- Directed activities. Activities to be carried out in the classroom:
 
Master classes given by the teacher, in which the basic theoretical contents of the three areas of study will be examined.
Once the fundamental contents have been developed, the cases will be presented; a guide will be prepared for their study and roles will be distributed for their written and oral defense.
 
2.- Autonomous activities
 
These activities complement the previous ones with the aim that students work individually and in group on the contents of the subject. These activities are of two types:
 
Group work of three types:
  1. Information research and analysis of the fundamental topics of the case. 
  2. Information research and analysis of the accusation and defence strategies 
Individual work on the topics, readings and preparation of oral presentations
 
 

Activities

Title Hours ECTS Learning Outcomes
Type: Directed      
Lectures 9 0.36 1, 3, 4, 12
Workshops 30 1.2 9, 1, 6, 8, 7, 11, 5, 2, 10, 14, 13, 12
Type: Autonomous      
Search, analysis and study 106 4.24 1, 3, 6, 4, 8, 7, 5, 2, 13, 12

Assessment

Attendance at class sessions is compulsory, at least 80%.

The evaluation of the three groups examining the proposed cases will be carried out as follows:

  1. Group work on the topic of the case examined in each of the trials or cases ( the grade may be individual for each member)(20%).
  2. The defense / accusation written statement that each group will draw up (it will be evaluated based on the materials processed collaboratively with the other groups of the case) (30%)
  3. The oral presentation made by each group according with the role assigned (with an individual grade for each member) (50%).

Participation in the workshops and preparation of the trial will serve to round the score up to 5%.

The re-evaluation will consist of an oral exam of the case.

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
Defense 50% 5 0.2 3, 8, 11, 5, 10, 12
Group work specific topics 20% 0 0 1, 3, 6, 4, 8, 11, 2, 14, 13, 12
Writings in group accusation / defense 30% 0 0 9, 3, 6, 8, 7, 5, 2, 10, 14, 12

Bibliography

International Trade Law

Carr, Indira y Stone, Peter: International Trade Law, 6th ed., Routledge, 2017

Fernández Rozas, José Carlos: Arenas García, Rafael y De Miguel Asensio, Pedro Alberto: Derecho de los negocios internacionales, 5.ª ed., Iustel, 2016.

Forner i Delaygua, Joaquim Joan; Parra Rodríguez, Carmen y Garriga Suau, Georgina: Materiales de Derecho del comercio internacional, Tirant lo Blanch, 2006.

Palao Moreno, Guillermo; Espinosa Calabuig, Rosario; Fernández Masiá, Enrique y Esplugues Mota, Carlos (Dir.): Derecho del comercio internacional, Tirant lo Blanch, 2003.

Fernández de la Gándara, Luis y Calvo Caravaca, Alfonso Luis: Derecho mercantil internacional. Estudios sobre Derecho comunitario y del comercio internacional, 2ª ed., Tecnos, 1995.

International Public Law

Brownlie, Ian: Principles of Public Internaitonal Law, 8th ed.,Oxford Univ. Press, 2012

Crawford, James: Brownlie's Principles of Public International Law, 8th ed.,Oxford Univ. Press, 2012

OACNUDH y UIP: Derechos Humanos. Manual para parlamentarios, Nº 26, ONU, 2016, https://www.ohchr.org/Documents/Publications/HandbookParliamentarians_SP.pdf

Pizarro Sotomayor, Andrés y Méndez Powel, Fernando: Manual de derecho internacional de los derechos humanos. Aspectos sustantivos, Universal books, 2006, http://www.corteidh.or.cr/tablas/22950.pdf

International Criminal Law

Ambos, Kai; Malarino, Ezequiel, Elsner, Gisela: Sistema interamericano de protrección de los derechos humanos y derecho penal internacional, Konrad Adenauer Stiftung, 2010.

Ambos, Kai: Derecho y proceso penal internacional, ed. Fontana, México, 2008.

GarrochoSalcedo, Ana M.: La responsabilidad del superior por omisión en derecho penal internacional, Aranzadi, 2016 

Gerhard Werle, Florian Jessberger: Tratado de derecho penal internacional, (on line), 3º ed., Tirant lo Blanch, 2017.