Checking date: 23/04/2019


Course: 2019/2020

Civil Practice I
(16276)
Study: Master in Legal Practice (271)
EPD


Coordinating teacher: CARRETERO MORALES, EMILIANO

Department assigned to the subject: Department of Private Law

Type: Compulsory
ECTS Credits: 5.0 ECTS

Course:
Semester:




Competences and skills that will be acquired and learning results.
Basic responsibility: Be qualified to understand the basic knowledge or opportunity to be innovative in the development and/or application of ideas, commonly found in an investigation context. Students must be able to apply the acquired knowledge and the solving of problems in new environments or not common within a wider range (or be multidisciplinary) related to their area of study. (CB7) Students must be able to integrate their knowledge and face the complexity of formulating opinions based on certain information which, whether incomplete or limited, includes reflections on social and ethical responsibility related to the application of their knowledge and opinions. (CB8) Students must be able to communicate their conclusions, knowledge and analysis supporting the same, to an audience, whether expertise or not, in a clear and unambiguous way. (CB9) Students must have a learning ability which allows them to continue studying in a self-directed or autonomous way. (CB10) General responsibility (CG Nº): Students shall be able to: CG1. Recognize the importance of team work and show adaptation and integration capacity to different work groups, keeping fluent relations and communications, respecting other¿s ideas and solutions with an attitude of support and tolerance, sharing responsibilities and know how to give and receive instructions. CG2. Accept the need of a constant self-learning and continuous training as a mechanism to easily adapt to judicial, technological and organization innovations. CG5. Value hard and well done work when planning, organizing and carrying-out all activities, showing initiative, creativity and sense responsibility, keeping interest during the whole process, and feel personally satisfied with the results. CG7. Evaluate personal and collective progress, identifying positive and negative things, and argue and provide alternatives to improve process and results. CG9. Apply all acquired knowledge and have the capacity to solve problems. CG10. Integrate knowledge, make judgment, communicate conclusions and the know-how and reasoning to support the same, to specialized and non-specialized audiences in a clear manner and without ambiguities.
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

The course syllabus and the academic weekly planning may change due academic events or other reasons.