| CODE | CVL5044 | ||||||||
| TITLE | The Law of Civil Procedure | ||||||||
| UM LEVEL | 05 - Postgraduate Modular Diploma or Degree Course | ||||||||
| MQF LEVEL | 7 | ||||||||
| ECTS CREDITS | 10 | ||||||||
| 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 also covers topics mainly dealing 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. The study then continues with an examination of particular aspects and technical details. This addresses the ordinary modes of procedure in litigation and enforcement proceedings. It examines the provisions relative to formulation, filing and service of writs and written pleadings, statement of defence; trial of causes; judgements, decrees and appeals therefrom. This study-unit builds on the teaching delivered in the first semester in order to examine particular procedural rules and institutes from a perspective which stresses the role they play in litigation, through the study of decided cases. Lectures focus on executive titles; the provisional enforcement of judgements precautionary and executive warrants in the light of the relevant European Union Regulations and Directives on the matter. Various special proceedings are examined, including reconvention, jactitation suits, the Voluntary Jurisdiction of the Civil Courts; causes of government and retrial. The study-unit then concentrates on the law of evidence, focusing on the cardinal rules of evidence, including electronic evidence, burden of proof, Judicial Referees, professional secrecy and confidentiality. Additional emphasis is given to the production of forensic evidence in civil cases, the burden and standard of proof in civil actions for damages arising from criminal offences, what is permissible in cross-examination, confrontation of witnesses, the production of previous inconsistent statements made by a witness, competence and compellability, similar fact evidence, proof of previous convictions and the privilege against self-incrimination in a civil case pending the outcome of criminal proceedings. The rules relating to the respect due to the court are also touched upon. The study-unit also touches on the arbitration process, and examines in depth the institute of retrial: it concludes by a procedural overview of the various Tribunals including the Rent Regulation Board, the Rural Leases Control Board, the Land Arbitration Board, the Planning Appeals Board and other Boards or Appeal Tribunals. Study-unit Aims: - To introduce students to the fundamental concepts of the law of civil procedure, particularly the nature of the action. - To prepare law students who are training to become advocates to intervene effectively in the course of ongoing civil litigation. - To promote the study of civil procedure by introducing students to basic doctrines like interest and jurisdiction. - To introduce students to advanced and specialized rules and institutes of the law of civil procedure, particularly the law of evidence. - To prepare law students who are training to become advocates to intervene effectively in the course of ongoing civil litigation. - To promote the study of civil procedure by showing students how basic doctrines like interest and jurisdiction connect with specific procedural rules. Learning Outcomes: 1. Knowledge & Understanding: By the end of the study-unit the student will be: - Able to translate many of the substantive rights studied during the LL.B. course into effective remedies in Maltese civil procedure. - Able to interpret and utilise many of the procedural manoeuvres involved in ordinary litigation. - Able to manage fundamental procedural concepts such as juridical interest and jurisdiction in the context of a court case. - Able to describe the institutions through which the scope of activity of particular courts and tribunals is structured. - Able to utilise his or her knowledge of the law of evidence in order to determine how proof should be brought during civil litigation and in what form and at what stage. - Able to respect the constraints set by the law of evidence when questioning and cross examining witnesses. - In a position to object to questions put during witness examination and cross-examination. - Able to interpret most of the procedural manoeuvres involved in ordinary litigation and before various specialized tribunals. - Able to utilise specific procedural institutes such as reconvention and jactitation. - Able to understand specific procedural institutes such as reconvention and jactitation. 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 formulation and filing of an application and a statement of defense. - Advise on such issues as the interest needed in a particular case and the court before which a case should be heard. - Read and interpret legal pleadings. - Handle the procedures involved in relation to such matters as the formulation and filing of an application and a statement of defense. - Advise on such issues as the kind of proof which may be brought and how in specific kinds of litigation. - Draft various writs and warrants in order to enforce executive titles. Main Text/s and any supplementary readings: Main Texts: - Cap. 12 of the Laws of Malta - Caruana Galizia Notes on Civil Procedure - Mauro Capelletti (eds) Access to Justice Supplementary Readings: LLD Thesis: - Joseph Said Pullicino, The Civil Action with Special Reference to the element of Interest. - Grazio Mercieca (2005): Mezzi Straordinarji ta’ Impunjazzjoni ta’ Sentenzi. - Aquilina Joseph (1997): The Burden of Proof in the Civil Process. - Gauci John Ludovic (2006): The Nature of Pleas in Maltese Civil Procedure. - Grech Hilary (1986): Intervention and Joinder of parties. - Ellul Alexander (2003): The Institute of Re-trail. |
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| STUDY-UNIT TYPE | Lecture | ||||||||
| METHOD OF ASSESSMENT |
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| LECTURER/S | Patrick J. Galea Renzo Porsella Flores Lawrence Quintano |
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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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