Course teached as: 0055050 - TEORIA GENERALE DEL PROCESSO 5-years Single Cycle Degree in LAW
Teaching Language
Italian
Course Content
The course is focused on the activities of the trial, relatives, in particolar, to the evidence collection facts, in the frame of the "due process". Special attention is therefore reserved to different technical of evidence and problematic profiles emerged in the case law, which has made significant use during the lessons.
The text is the same for attending and non-attending students
and it consists of the following handouts: N. Trocker "The due process profiles. The process as a judgment" and its appendix of cases and materials (which forms an integral part), all recover on the Moodle platform in free access. For attending students, additional materials will be given durign the lessons recovers on the Moodle platform in free access,
Learning Objectives
The course attempts to develop a critical and problematic approach to the civil process issues.
The analysis of the case law is a fundamental step in the study of these issues, because it develops the reasons, principles and evolutionary lines of this legislation, often by amending or anticipating the written legislation.
Prerequisites
no one
Teaching Methods
Teaching takes place in the form of lectures, seminars, conferences.
Special attention is given to case law.
for the attending students, the materials examined during the lessons will be available through the Moodle Platform in free access.
Type of Assessment
Attending students may chose with the teacher a theme of those covered by the course on which to perform a written report.
For the non attending students, the exam will be oral with two or three questions depending on the accuracy and exhaustivity of the answers; the questions will focus on one of the topics covered by the "Reference texts".
Course program
Substantive law and procedural law; national and international principles; the facts in the process; the evidence in the c.p.c.; the powers of the parties and the powers of the judge; atypical evidence; subjective limitations on the evidence of witnesses; the scientific evidence in civil and criminal trial process, the burden of proof.