| CODE | CVL5028 | ||||||||||||||||
| TITLE | Practical Issues in Civil Procedure | ||||||||||||||||
| UM LEVEL | 05 - Postgraduate Modular Diploma or Degree Course | ||||||||||||||||
| MQF LEVEL | 7 | ||||||||||||||||
| ECTS CREDITS | 5 | ||||||||||||||||
| DEPARTMENT | Civil Law | ||||||||||||||||
| DESCRIPTION | The study-unit is intended to bridge the gap between theoretical knowledge accumulated at University and practical knowledge that is best acquired through court cases. A particular focus of this unit is on: • The ABC of Court practice; • Drafting of acts for the various types of action before the Civil Court in the First Hall and in it’s Family jurisdiction, the Magistrates’ Courts in their Civil Jurisdiction, both in Malta and in Gozo, before the Rent Regulation Board, Agricultural Leases Rural Board, Land Arbitration Board, Small Claims Tribunal, Consumer Claims Tribunal, Court of Appeal (Inferior and Superior), Administrative Review Tribunal and Court of Revision for Notarial deeds as well as mandatory and voluntary arbitration proceedings; • The more common types of applications which may be required from time to time, before, during and subsequent to litigation proceedings; • The drafting of acts required to enforce local and foreign court judgements will also be dealt with; • Overview of the various compentences of the abovementioned Courts/Boards; • Time limits for filing of appeals; • Preparation of warrant to summon witnesses, warrant of seizure, garnishee orders, warrant in factum and warrant in procintu; • Proceedure for counter warrants of provisional and executive warrants; • Non litigation proceedure to render claims and credits into executive titles. The students will be asked to attempt to draft such acts and questions will be asked to stimulate debate and will also focus on the underlying purpose and scope of these procedures. Lectures cover: - The ABC of Civil Proceedure from a practical point of view; - Drafting of specific acts to institute Civil litigation and method of filing of replies thereto in the various Courts, Boards and Tribunals going through a whole range of different topics; - Drafting of applications relevant to ongoing or concluded litigation (other than Criminal); - Drafting of provisional and executive warrants and counter warrants; - Drafting of non-litigeous acts which lead to an executive title; - Enforcement locally of a foreign judgements and vice versa; - How to tackle common procedural issues. Study-unit Aims: - To bridge the theoretical knowledge students have of civil procedure with the practical knowledge they need to practice in relation to different kinds of cases; - To train students in the skills required to analytically dissect an issue and prepare the required acts accordingly; - To help student understand of court practice form a practical point of view. Learning Outcomes: Knowledge related outcomes By the end of the study-unit the student will be able to: - identify the main characteristics and Juridical nature of the law of civil procedure; - discuss and explain the law of Civil Procedure; - learn the format of all types of judicial acts commonly required of a lawyer working in the Court other than in the field of Criminal law. Skills related outcomes By the end of the study-unit the student will be able to: - use and apply the drafting skills learned to practical problems that a practicing lawyer may be expected to face; - put into practice the theoretical side of CivilProcedure and better understand the scope and purpose behind the procedure before the Maltese Courts, Tribunals and Bords; - appreciate and adapt to the practical requirements of Advocacy before the Maltese Courts, Tribunals and Boards; - be more competent as advocates in handling civil cases insofar as they will have a more hands on understanding of the relevant court proceedure and practice. Main Text/s and any supplementary readings: Main Texts: - The Code of Organization & Civil Procedure (Chapter 12 of the Laws of Malta). - Subsidiary Legislation made by virtue of this Act, particularly the Court Practice and Procedure and Good Order Rules and the Civil Court (Family Section), the Civil Court (General Jurisdiction) and the Court of Magistrates (Gozo) Superior Jurisdiction (Family Section) Regulations. - The various Chapters setting up the various Boards and Tribunals. Supplementary reading: - Kollezzjoni ta' Decizjonijiet tal-QratiSuperjuri ta' Malta. |
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| ADDITIONAL NOTES | Students taking this study-unit need to have a background in law. | ||||||||||||||||
| STUDY-UNIT TYPE | Lecture and Seminar | ||||||||||||||||
| METHOD OF ASSESSMENT |
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| LECTURER/S | Peter Borg Costanzi |
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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. |
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