| CODE | CVL1104 | ||||||||
| TITLE | The Law of Civil Procedure 3: Of Evidence and Pleas | ||||||||
| UM LEVEL | 01 - Year 1 in Modular Undergraduate Course | ||||||||
| MQF LEVEL | 5 | ||||||||
| ECTS CREDITS | 4 | ||||||||
| DEPARTMENT | Civil Law | ||||||||
| DESCRIPTION | This study-unit provides students with the tools necessary to understand the rules of evidence to be followed when hearing a case as well as the various pleas which may be raised by the defendant in a court case. The rules of evidence and the pleas are found in the Code of Organization and Civil Procedure, articles 558 to 810A. Students will be taught the laws and case law relevant to the subject of this study-unit. These laws and case law comprise giving of evidence by witnesses, production of documentary evidence, requests to foreign courts and tribunals for hearing evidence abroad. Study-unit Aims: The aim of this study-unit is to equip the student with the necessary knowledge of the rules of evidence and pleas. The rules of evidence consist in the following: witnesses, documentary evidence, referees (court experts), evidence obtained from site visits and admission by the other party. Pleas comprise the challenging of the judiciary when they have a conflict of interest, lack of the court's jurisdiction, incapacity of either party, nullity of judicial acts, etc. Learning Outcomes: 1. Knowledge & Understanding: By the end of the study-unit the student will be able to: (a) understand the rules of evidence which are resorted to before the various courts; (b) know what are the differences between the various rules of evidence in civil proceedings; (c) understand the pleas which can be submitted before a court of competent jurisdiction; (d) know what is the difference between preliminary pleas and pleas which can be raised at any time of the proceedings. 2. Skills: By the end of the study-unit the student will be able to: (a) apply the rules of evidence; (b) interpret the rules regulating the pleas which can be raised at the inception of proceedings; (c) comment upon the pleas which can be raised throughout the whole proceedings. Main Text/s and any supplementary readings: Code of Organization and Civil Procedure, Chapter 12 of the Laws of Malta. Professor Victor Caurana Galizia, "Notes on Civil Law", Faculty of Laws, University of Malta. |
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| ADDITIONAL NOTES | Students taking this study-unit need to have a background in law. | ||||||||
| STUDY-UNIT TYPE | Lecture | ||||||||
| METHOD OF ASSESSMENT |
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| LECTURER/S | Reno Borg Joseph Ellis |
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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 2025/6. It may be subject to change in subsequent years. |
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