| CODE | CVL2017 | ||||||
| TITLE | Advanced Civil Procedure | ||||||
| UM LEVEL | 02 - Years 2, 3 in Modular Undergraduate Course | ||||||
| MQF LEVEL | 5 | ||||||
| ECTS CREDITS | 4 | ||||||
| DEPARTMENT | Civil Law | ||||||
| DESCRIPTION | This study-unit focuses on the Mode of Procedure before the Court of Voluntary Jurisdiction Certain Matters Relating to Judicial Procedure, particularly Evidence, as well as the various Pleas which may be raised in an action and the Enforcement of Judgements. Also studied are the various Precautionary Acts and the titles of New Trial (Title IV), Change of Parties, Intervention and Joinder of Parties (Title XIV) and Discontinuance/Desertion of Causes. The special rules relating to Causes of the Government (Book One Part I) are also considered. Study-Unit Aims: This study-unit aims to introduce students to more advanced concepts of the law of civil procedure and to prepare law students who are training to become legal procurators to intervene effectively in the course of ongoing civil litigation. It promotes the study of civil procedure by conveying detailed information about the procedural concepts and mechanisms found in Book Three of Cap 12 and contextualizes the study of the law of evidence which was undertaken in the first semester by means of detailed study of the applicable jurisprudence. Learning Outcomes: 1. Knowledge & Understanding: By the end of the study-unit the student will be able to: - write about the procedures before the Court of Voluntary Jurisdiction; - interpret Civil Procedure law in the light of substantive private law; - discuss how the rules relating to evidence function in the context of the applicable jurisprudence. 2. Skills: By the end of the study-unit the student will be able to: - handle the procedures involved in dealings with the Court of Voluntary Jurisdiction; - deploy to his/her advantage most of the procedures included in Book 3 of Cap.12; - tactically utilise the rules of evidence in the context of litigation. 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. |
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| STUDY-UNIT TYPE | Lecture | ||||||
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| LECTURER/S | Renzo Porsella Flores |
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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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