| CODE | CVL2026 | ||||||
| TITLE | Court Organization and Civil Procedure | ||||||
| UM LEVEL | 02 - Years 2, 3 in Modular Undergraduate Course | ||||||
| MQF LEVEL | 5 | ||||||
| ECTS CREDITS | 4 | ||||||
| DEPARTMENT | Civil Law | ||||||
| DESCRIPTION | The study-unit offers an introduction to the law of civil procedure with particular reference to the basic doctrines and judicial organisation. It deals with the ordinary mode of procedure in contentious matters, as well as the various warrants needed to enforce executive titles. The topics covered include: the action, juridical interest, the process of cognition; the notion of parties to a suit; jurisdiction and competence; the organisation of the Courts and Court officials: the competence and jurisdiction of the various Courts. Also studied are the concepts of proof and evidence, the burden of proof and standard of proof, the best evidence rule, the use of forensic evidence; evidence in civil cases for damages arising from a criminal offence; examination in chief; cross-examination, confrontation of witnesses; previous inconsistent statements; professional privilege and secrecy and the privilege against self-incrimination in civil matters. Study-Unit Aims: This study-unit aims to introduce students to the organization of the courts of civil jurisdiction and to the fundamental concepts of civil procedure. It prepares law students who are training to become legal procurators to intervene effectively in the course of ongoing civil litigation. Learning Outcomes: 1. Knowledge & Understanding: By the end of the study-unit the student will be able to: - Compare and contrast the relationship between rights and remedies in Maltese civil procedure; - Interpret the procedural manoeuvres involved in ordinary litigation; - Write about fundamental procedural concepts such as juridical interest and jurisdiction. 2. Skills: By the end of the study-unit the student will be able to: - Read and interpret legal pleadings; - Handle the procedures involved in relation to such matters as the issuing of warrants, judicial sales by auction and related matters; - Advise on such issues as the onus and standard of proof needed in particular case. Main Text/s and any supplementary readings: Main Texts: - The Civil Code, Chapter 12 of the Laws of Malta. - Victor Caruana Galizia, 'Notes on Civil Procedure', Faculty of Laws, University of Malta, 1966. Supplementary Readings: - Aquilina Joseph (1997): 'The Burden of Proof in the Civil Process', LLD Thesis, Faculty of Laws, University of Malta, Msida. - Gauci John Ludovic (2006): 'The Nature of Pleas in Maltese Civil Procedure', LLD Thesis, Faculty of Laws, University of Malta, Msida. - Grech Hilary (1986): 'Intervention and Joinder of parties', LLD Thesis, Faculty of Laws, University of Malta, Msida. - Ellul Alexander (2003): 'The Institute of Re-trail', LLD Thesis, Faculty of Laws, University of Malta, Msida. |
||||||
| STUDY-UNIT TYPE | Lecture | ||||||
| METHOD OF ASSESSMENT |
|
||||||
| LECTURER/S | Renzo Porsella Flores |
||||||
|
The University makes every effort to ensure that the published Courses Plans, Programmes of Study and Study-Unit information are complete and up-to-date at the time of publication. The University reserves the right to make changes in case errors are detected after publication.
The availability of optional units may be subject to timetabling constraints. Units not attracting a sufficient number of registrations may be withdrawn without notice. It should be noted that all the information in the description above applies to study-units available during the academic year 2023/4. It may be subject to change in subsequent years. |
|||||||