Mock Trial
Code: 44217 ECTS Credits: 6| Degree | Type | Year | Semester |
|---|---|---|---|
| 4313312 Legal Profession | OB | 1 | 2 |
Contact
- Name:
- Nuria Reynal Querol
- Email:
- nuria.reynal@uab.cat
Use of Languages
- Principal working language:
- catalan (cat)
Teachers
- Josefina Coromoto Huelmo Regueiro
- Albert Fauria Planas
- Luis Brun Menéndez
- María Pilar López Fondón
External teachers
- Jaume Ricart
Prerequisites
No prerequisites are required to complete this Module.
Objectives and Contextualisation
The aim of this Module consists in the acquisition by the student of the appropriate competences (skills, attitudes and knowledge)to practice as a Lawyer in the different jurisdictional areas, specifically, in the civil and criminal ones. Hence, the Module aims to provide the studentswith their first practical experiences as a defendant lawyerin several procedural acts.
Competences
- Choose the correct strategy for defending clients' rights, while keeping in mind the particular demands of each area within professional practice.
- Communicate and justify conclusions clearly and unambiguously to both specialist and non-specialist audiences.
- Integrate knowledge and use it to make judgements in complex situations, with incomplete information, while keeping in mind social and ethical responsibilities.
- Know the techniques for ascertaining the facts in different types of procedure, especially the production of documents, examination and expert evidence.
- Present facts and their corresponding legal implications orally and in writing, in a way that is appropriate to the context and the addressees and, where necessary, to the established procedures.
- Put into practice the specialist academic knowledge acquired on the degree programme in order to avoid damage, risk or conflict with respect to clients' interests or regarding professional practice before the courts and other authorities and when offering consultancy services.
Learning Outcomes
- Communicate and justify conclusions clearly and unambiguously to both specialist and non-specialist audiences.
- Conduct negotiations aimed at avoiding proceedings.
- Integrate knowledge and use it to make judgements in complex situations, with incomplete information, while keeping in mind social and ethical responsibilities.
- Master the techniques for gathering evidence.
- Master the techniques of trial examination.
- Present facts and their corresponding legal implications orally and in writing, in a way that is appropriate to the context and the addressees and, where necessary, to the established procedures.
- Reflect the correct strategy in written and oral arguments throughout the process.
Content
The content of thisModule is integrated by two major elements. On the one hand, the preparation of cases and procedural acts related to the simulation procedures. On the other hand, the drafting and the holding of oral performances (audiences, hearings, trials ...) that are part of these processes.
Methodology
The module consists of three sections: the simulation of civil judgments, the simulation of criminal trials and the interuniversity competition (triangular university competition of simulated trials).
I) Simulation of civil processes
- This section will be carried out in six sessions.
-Each group (40 students) will be split into two subgroups (of 20 students each).
- Throughout the six sessions, each subgroup will analyse an “Verbal” type process case and a “Ordinary” type process case.
-The activities that will be carried out will be as follows:
1) Preparation of the trial: 1st, 2nd, 3rd and 4th sessions: under the supervision of the professor, the different problems presented by the cases that each subgroup has assigned will be analysed. Previously, students will be given the necessary documentation to prepare this.
2) Simulation of the trial: Under a judge lead, the simulation of the orals acts of the different cases will be carried out, where the students will have to assume the roles of lawyer, parties, witnesses, peers, etc.
II)Simulation of Criminal processes
-This section will be carried out in six sections
-Each group (40 students) will split into two subgroups (of 20 students each).
-Throughout the six sessions each subgroup will analyse three different cases.
-The activities that will be carried out will be as follows:
1) Preparation of the trials: 1st, 2nd, 3rd and 4th sessions: under the supervision of the professor, the different problems presented by the three criminal cases that each subgroup has assigned will be analysed. Previously, students will be given the necessary documentation to prepare this.
2) Simulation of the trials: 5th and 6th sessions: Under a judge lead, the simulation of the oral act of the different cases will be carried out, where the students will have to assume the roles of lawyer, parties, prosecutor, witnesses, peers, etc.
III)Interuniversity competition
-The preparation for this competition will be achieved in five sessions.
-The first session, addressed to all the Module students, will be explanatory and informative.
-The remaining four sessions will unfold among the students who opt for the simulation of civil trials and those who do so for criminal trials. These sessions will be used to prepare the cases that will be defended on the day of the contest.
Annotation: Within the schedule set by the centre or degree programme, 15 minutes of one class will be reserved for students to evaluate their lecturers and their courses or modules through questionnaires.
Activities
| Title | Hours | ECTS | Learning Outcomes |
|---|---|---|---|
| Type: Directed | |||
| Teacher's explanation | 3 | 0.12 | 3 |
| Type: Supervised | |||
| Preparation of oral Proceedings | 30 | 1.2 | 5, 4, 2, 3 |
| Simulation of oral proceedings | 15 | 0.6 | 5, 4, 1, 6 |
| Type: Autonomous | |||
| Drafting og writings | 45 | 1.8 | 7, 3, 6 |
| Personal work of the student | 48 | 1.92 | 7, 3, 6 |
Assessment
All the activities of the Module will be evaluated, thus simulation of civil, criminal and the simulation within the Interuniversity competition will be assessed individually and will be part of the final mark
-The activities that will be evaluated and the ratio of each one in the final grade:
- Participations in the procedural acts in the lawyer or Public Prosecutor roles: 55%
- Participation in the procedural acts in the others roles and participation in the preparation of trials simulations: 20%
- Interuniversity Competition: 25%
-In case that in the Interuniversity Competition, the number of students who wish to intervene on the day of the competition is bigger than the number of places foreseen by the organization to do so, the selection of the participants will be done accordingly with the academic record of the aspiring.
-Once the completion of the civil and criminal simulation trials, the professors ofeach of these sections will set a date so that students who wish to do so can make a timely review.
Assessment Activities
| Title | Weighting | Hours | ECTS | Learning Outcomes |
|---|---|---|---|---|
| Celebration of the oral procedural act hearing | 68% | 6 | 0.24 | 5, 4, 7, 1, 6 |
| Delivery of drafting, elaboration of schemes, search of bibliography and jurisprudence, etc. | 32% | 3 | 0.12 | 2, 7, 3, 6 |
Bibliography
Each teacher will recommend the most appropriate bibliography according to the case study content.
Software
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