2845.19 - Civil Procedure
Upper secondary education or the equivalent.
The purpose of the course is to give the students a general introdution to and aquire competences in the field of civil procedure.
Civil procedure is a classic legal disciplin, which, based on the Legal Procedures Act, describes and handles the court system, how tey operate, and how cases are processed and decided within the court system. The cases that are processed within the court system, are usually divided into civil cases, criminal cases, bailiff cases and probate cases. This course is mainly consentrated on the civil cases, which are cases regarding disputes between civil parties. The content of this course is as follows: - How the courts are organized and who are the parties in the civil procedure. - The factual competence of the courts. - Local competence and international competence of the courts. - Cumulation of claims. - The legal proces in the first instance. - Evidence. - How a judgement is delivered, form and content. - The system of appeal and resumption. - Legal costs. - The principle of res judicata. - Arbitration.
Learning and teaching approaches
Approximately 40 hours class teaching (confrontation hours). The course consists of lectures, student presentations, critical discussion, and the application of assigned readings.
After completion of the course, the students shall, among other things, be able to: - Explain the main principles in civil procedure. - Explain the underlying considerations behind and rationales for important concepts and rules behind the legal system. -Identify and analyse problems in the civil procedure. -Analyse and evaluate arguments for and against different solutions of such cases and conflicts and make well reasoned proposals on how to solve them. - Present and to formulate knowledge and arguments regarding procedure, succinctly in eloquent and correct language.
A multiple-choice exam in the middle of the course will constitute 20% of the grade. A written assignment, also in the middle of the course, will constitute 30%, and a final written 4-hour exam at the end of the course will count for 50%. It is a precondition for passing the course that the student has attended and passed both the multiple-choice exam, the written home assignment, and the final written exam. Only one grade will be given for all exam components.
Den civile retspleje, Ulrik Rammeskow Bang-Pedersen, Lasse Højlund Christensen og Clement Salung Petersen, 5th edition (or later editions), Hans Reitzels Publishing. Additional materials, as court judgments and legislative preparatory works, will be available on the Moodle network prior to teaching. Collected materials approx 500-600 pages. See details in syllabus available on the Moodle network prior to teaching.