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Type: |
OP | Curs: |
4 | Period: |
S semester |
ECTS Credits: |
5 ECTS |
Group | Teacher | Department | Language |
---|---|---|---|
Marc García Solé | Derecho | ESP |
24. Team management |
9. Autonomy, independence, initiative, pro-activeness |
10. Adaptability, flexibility |
1. CIVIL ORDER1.- The judicial office. Its members and different entities and civil servants. Roles of each of them. The distribution and register of civil affairs. Procedural communication stages. The function of the Procurator. The common notification service. Senior Court and the Judges' Council. The recording system for hearings and trials.2.- The verbal trial (I). The succinct law suit. The unity of the allegations and evidence phase. The hearing: the judicial management and the role of the attorneys. The different phases of the hearing: allegations, proposition and practice regarding evidence. 3.- The verbal trial (II) Regarding the case, the formulation of conclusions in the verbal trial.The contestation of resolution in the verbal trial. Alternatives to mitigate the rigour of the principal of concentration in the verbal trial: suspension and interruption of the hearings. Most frequent scenarios. 4.- The full trial (I). The functions of the preliminary hearing: the conciliatory function and the amendment of exceptional procedures function. Reference to the most frequent procedural exceptions: defect in the way of proposing the law suit, lack of necessary passive joint litigation, litispendence or res judicata. Allegation, resolution and contestation of procedural exceptions. 5.- The full trial (II). The functions of the preliminary hearing. The delimiting function of the terms of debate and proposition and the admission of evidence. The establishment of the disputed deeds. The judgement of the means of evidence. The contestation of the admissibility or inadmissibility of the means of evidence. 6.- The practice regarding the means of evidence in the verbal trial and the full trial. Legal order regarding the practice of the means of evidence. Practice regarding the examination of the parties and the examination of the witnesses. Requirements for the questions. The judgement on the admissibility and inadmissibility of questions. Contestation of the admissibility and inadmissibility of questions. Indemnification of witnesses. 7.- The practice regarding the means of evidence in the verbal trial and the full trial. The contradiction of the experts' report. Scope of the attorneys' contribution. |
2. CRIMINAL ORDER:1. Investigation Phase. The functions fulfilled by the Judge, the Public Prosecution Service and the Forensic Medical Service. The accusation and defence. The Judicial Police. The Duty Magistrate's Court.2.- Preliminary procedures. Inception. The principal measures to adopt. 3.- The restrictive fundamental rights measures. Provisional prison sentence. Hearing for the adoption of provisional prison sentence. 4.- The practice regarding evidence during the investigation phase. Special consideration for the detainee or accused. 5.- The practice regarding evidence during the investigation phase. Entry and search procedure. Telephone tapping practice. 6.- Summary trial. The role of the attorneys. |
1 | 2 | |
Attendance | ||
Participation | ||
Final exam: practical case study on one of the course topics. |
Group | Teacher | Department |
---|---|---|
Marc García Solé | Derecho |