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Course description
  PROCEDURAL LAW

Competencies and objectives

 

Course context for academic year 2021-22


Assimilated the thematic concepts that were studied in the first year under the name "Introduction to Procedural Law", the subject "Procedural Law" is set as mandatory in the degree studies in Law and Law-ADE and is taught in the third year of these degrees. It is designed so that students acquire elementary and essential training on the two processes type of the Spanish judicial system, which are the DECLARATIVE CIVIL PROCESS, and the CRIMINAL PROCESS.

For this purpose, the basic content of the current Civil Procedure and Criminal Procedure Laws will be taken into account, although specific matters such as "Civil Execution" and "The Special Civil Proceedings" and or related to "Proof in Criminal Proceedings" "They will not be addressed, their treatment being included in the programming of two optional subjects offered in the Itinerary 1 of the Degree (Administration of Justice).

 

 

Course content (verified by ANECA in official undergraduate and Master’s degrees)

General Competences (CG)

  • CG1 : Capacity for oral and written communication.
  • CG2 : Information and communication technology skills.
  • CG4 : Capacity for analysis and synthesis.
  • CG5 : Develop the capacity for organisation and planning.
  • CG9 : Capacity for self-learning and adapting to new situations.

 

Specific Competences (CE)

  • CE1 : Awareness of the importance of Law as a system for regulating social relationships.
  • CE14 : Understanding of the main public and private institutions in their genesis and as a whole.
  • CE17 : Capacity to apply general legal principles and regulations to factual suppositions.
  • CE3 : Capacity to use constitutional principles and values as tools for interpreting the legal code.
  • CE4 : Capacity to handle legal sources (legal, jurisprudential and doctrinal).
  • CE7 : Capacity to write legal documents.
  • CE8 : Master computer techniques for obtaining legal information (legislative, jurisprudential and bibliographical databases) and have the ability to use the Internet to obtain information and communicate data.
  • CE9 : Acquire critical conscience in analysing legal codes and the development of legal dialectics.

 

 

 

Learning outcomes (Training objectives)

No data

 

 

Specific objectives stated by the academic staff for academic year 2021-22

That the students know the different civil and criminal procedures. The subject also has the purpose of encouraging among the students the management -from a critical perspective- of the doctrinal, legal and legal sources essential for the study of Procedural Law.

SPECIFIC OBJECTIVES:

* About Declarative Civil Process:

1. The acts prior to the process: conciliation and preliminary proceedings
2. The demand
3. The different positions of the defendant against the demand.
4. The prior hearing with its different purposes.
5. The oral trial.
6. Civil test.
7. The conclusion of the process: the sentence and the abnormal endings of the process.


* On the regime of the Appeals against the judicial resolutions issued in the civil jurisdictional order:

1. The general theory of resources
2. The type of resources
3. The effects of resources
4. Procedure to develop each of the resources

* About the Criminal Process:

1. The principles of the criminal process and those of the different procedures through which it can be implemented.
2. The legal status of the parties involved in the criminal process.
3. The basic functions of the necessary collaborators in the Criminal Justice; in particular, those related to the judicial police and the scope of their intervention in the criminal process.
4. The constitutional theory of the limitation of fundamental rights in the development of criminal investigation and the legal construction of illegal or prohibited evidence.
5. The theory of precautionary measures applied to the criminal process, and thus, the study of those of a character or nature, both personal and real.
6. The development of intermediate and oral trial phases in all types of criminal proceedings

* On the regime of the Appeals against the judicial resolutions dictated in the order
criminal jurisdiction:

1. The type of resources
2. The effects of resources
3. Procedure for the development of each of them

 

 

General

Code: 19021
Lecturer responsible:
RUIZ DE LA CUESTA FERNANDEZ, MARIA SOLEDAD
Credits ECTS: 9,00
Theoretical credits: 2,70
Practical credits: 0,90
Distance-base hours: 5,40

Departments involved

  • Dept: COMMERCIAL LAW AND PROCEDURAL LAW
    Area: PROCEDURAL LAW
    Theoretical credits: 2,7
    Practical credits: 0,9
    This Dept. is responsible for the course.
    This Dept. is responsible for the final mark record.

Study programmes where this course is taught