CIVIL PROCEDURE
Teacher: Prof. Roberto Martino
Degree course: SEGI 9CFU
Academic discipline: IUS / 15
Department: Legal Sciences
e-mail: roberto.martino@unich.it
Student days and hours of reception: Monday and Tuesday, 16:00
Semester: I
Objectives of the course.
The course relates to the general objective of the Course to provide the essential knowledge that will allow graduates to operate within private companies and State departments as legal experts. In particular, the course aims to provide institutional knowledge of civil procedure law, such as to allow the future graduate, as legal expert of businesses and public entities, to manage issues related to legal profiles and the interlocution with attorneys and legal experts.
At the end of the course the student will be able to: read and understand all the acts of the ordinary civil cognition process, both in the first degree and in the appeal phase; read and understand the documents relating to a mediation procedure or an arbitration; handle a dispute out of court, also in the context of ADR tools
Course program
The course covers the general principles of civil procedure; the cognition proceeding and appeals.
These, in detail, the contents of the course. Judgment and trial. Sources. Jurisdiction. Limits of civil jurisdiction. Competence. Powers and responsibilities of the judge. The recusal. The judge's auxiliaries. Parts. Action.Prosecutors. Parties and defenders. Plurality of parts. Procedural acts. Process and procedure. Procedural documents. Terms. Nullity of procedural documents. Ordinary cognition proceeding. Introduction of the dispute. Evidences. Settlement of the dispute. Anomalous procedural events. Means of appeal in general. The specific means of appeal.
Texts advised
N. Picardi, Manuale del processo civile, last ed. updated by R. Martino, A. Panzarola, L. Picardi, Giuffrè; or G. Balena, Istituzioni di diritto processuale civile, Cacucci ed., Bari, last ed., vol. I, II.
Verification of learning:
Oral test aimed at verifying the knowledge of individual institutes and the reasoning ability aimed to organize the acquired knowledge in a system. The assessment of learning provides for the attribution of a final mark expressed out of thirty.
The final grade derives from the overall evaluation of the oral exam and results from the verification of the level of achievement of the established learning outcomes.
It is also possible to take intermediate tests (exemptions) reserved for attending students (at least 75% of the lessons), who will be able to take the exam on a program agreed with the teacher who will essentially focus on the course content according to the indications provided by the same teacher. In the partial tests attending students will receive a mark out of thirty, according to the above criteria. These evaluations will average with the evaluation, expressed out of thirty, of the final oral exam.