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Course: 2023/2024

Civil Practice I

(16939)

Master in Legal Practice and Representation (Plan: 513 - Estudio: 271)

EPD

Coordinating teacher: CARRETERO MORALES, EMILIANO

Department assigned to the subject: Private Law Department

Type: Compulsory

ECTS Credits: 5.0 ECTS

Course: 1º

Semester: 2º

Skills and learning outcomes

Link to document

Description of contents: programme

1) Non judicial practice, alternative dispute resolution and amicable proceedings: 1.1) Alternative Dispute Resolution. Role of the lawyerFormation of contract. Requirements of the contract. Preliminary contracts, preliminary deposits and other preliminary agreements. Drafting of contracts and other legal documents. 1.2) Negotiation. 2) Practice in the civil process: 2.1) Ordinary declarative processes. 2.2) Previous Hearing and means of proof. Strategies in the proposition and practice of the test. 2.3) Act of judgment and conclusions. 2.4) Resources. 2.5) Extraordinary appeals. 2.6) Precautionary measures. 2.7) Forced and provisional execution

Learning activities and methodology

I. The course is divided into five different blocks. Each block is taught by the professors and professionals that can be found in the timetable offered by the platform (Aula Global) II. There are two different parts within Práctica Civil I, one of them containing the most part of the subject: 1. In the first part is dedicated to the different tasks that a practicing lawyer must perform in his or her non judicial practice, giving legal advice, negotiating, and drawing strategies before an open conflict arises. 2. The second part have different blocks follow the different phases of ordinary civil proceedings (lawsuit and response to the lawsuit; pre-hearing, proof and probation procedure, summons for final judgment; enforcement and enforcement procedures; precautionary measures and means of review. III. Tutorials: a) There is a final tutorial session, as can be seen in the mentioned timetable that can be found in Aula Global b) For personal tutorage, a message should be sent to emiliano.carretero@uc3m.es

Assessment System

% end-of-term-examination 60
% of continuous assessment (assigments, laboratory, practicals...) 40

Calendar of Continuous assessment

The subject grade is formed by a 40% of continuous evaluation and a 60% of the final exam.
1. Continuous evaluation will take into account both the work performed individually (test exams and oral participation in normal classes) and the team work (solving cases and writing legal documents). The teachers of every block in the syllabus will determine the way and percentage to be assigned to those different tasks.
2. The final test contains 30 multiple choice questions with four alternatives. 4 Wrong answers discount a 1 of the value of a right answer. No legal texts will be allowed during the exam.

Extraordinary Summon:
- 60% depends on a test of 30 multiple choice questions. The marks obtained during the normal continuous evaluation form the rest of the grade. 

If the continuous assessment system is not followed, which requires attendance at 90% of the sessions, the final mark in both ordinary and extraordinary sessions will be obtained on 60% of the final exam.

The course syllabus may change due academic events or other reasons.