Instructional goals
The aim of the course is to provide students with – in addition to the knowledge of the legal system, providence and ethics – also information with reference to the concrete dynamics of various professional fields of the legal profession, through direct contact with speakers of different knowledge background, in order to gain an initial awareness of the concrete performance of various professional careers and the functioning of the various fields and, therefore, also an initial “internal” confrontation with reference to one’s own interests, potentially useful for orienting future professional choices in the field of the legal profession, or outside.
Prerequisites
No specific requirements, but a general knowledge of the following are recommended: Administrative Law, employment Law, European Union, Civil, Commercial and Criminal Law.
Intended learning outcomes
Knowledge and understanding: the student – through course attendance and practical activities – will gain full knowledge of the general categories of Forensic Law and concepts of the Forensic Law code. At the end of the course there will be an oral exam.
Applying knowledge and understanding: The student, by learning the theory and the appropriate legal method, will be able to interpret and apply, also to cases, principles and concepts of Forensic Law. At the end of the course, an oral exam will take place [.]
Making judgements: The student, by making use of the appropriate methods learned during the course, will be able to collect data and materials to analyse the relevant provisions, case law as well as scholars’ approaches related to Forensic Law. The student will gain the ability to evaluate such data independently and to make critical judgements on their application to practical cases.
Communication skills: At the end of the course the student will be able to use the legal and technical vocabulary of Forensic Law, addressing the legal issues at hand with terminological accuracy. Through the various activities that will take place during the course – lessons with discussion, oral exams, moot courts, workshops – the student will be able to put these communication skills into practice in various contexts, by adapting the terms used to the interlocutor in the specific case, thus gaining advanced rhetorical skills necessary for his/her professional career.
Learning skills: the technical and legal knowledge gained during the course will allow the student to independently understand and interpret regulatory changes, new case law and scholars’ approaches related to Forensic Law. The student will develop a solid knowledge of the fundamental aspects of the matter that will allow him/her to carry on also independently further study as well as to undertake different postgraduate training activities.
Course Contents
The Course offers both educational and professional contents.
1) Educational contents: the analysis of the structure and dicipline related to the legal system, providence and ethics.
2) Professional contents: The contents are of a professional nature, aimed at illustrating to the students the practical aspects of the legal profession in various types (Private Lawyer, State Lawyer, Public Entities Lawyer, Corporate Lawyer) and in various fields ( Civil, Criminal, Administrative, Labour, Corporate, Commercial, European, International, etc.), also through the intervention of various external speakers (Lawyers) of various types and fields, who will be able to transmit, in their individual interventions/ testimonies, their own know how, or their specific and sectoral professional experience ( also by referring to their actual cases, with an active participation of the students, on the models of case law or of legal clinics, recently appropriately introduced with the protocol signed by the University and COA of Rome), openly indicating positive profiles and critical issues and making themselves available for an open discussion with students and to answer related questions ( half of the course hours could be dedicated to this part).
Reference Books
Handouts
Teaching Methods
1) Discussion between student and teacher. 2) Court proceeding simulation. 3) Classes held by several Lawyers
Assessment Method
During the oral exam the student will be required to show that he/she knows and understands notions and principles of Forensic Law and that he/she is able to apply them to practical cases. The student is expected to be able to independently analyse sources and relevant theories of Forensic Law and to use the appropriate technical and legal vocabulary, thus proving that he/she has acquired the study method and the learning ability for carrying on, also independently, further study of the matter.
The following evaluation criteria will be taken into account to assign the final grade, expressed in thirtieths: - knowledge and understanding of the notions and principles of the matter and ability to apply them to concrete cases (65%); appropriate use of the technical and legal vocabulary, ability to analyse and evaluate relevant sources and acquisition of the study method (35%).
Learning gaps concerning one or more notions or principles will lead to an insufficient evaluation, even in presence of a basic knowledge of the matter.
Thesis assignment criteria
Relevant and current issue in the forensic law
Week 1
Lawyer in the Constitution.
Week 2
The Law no. 247 of the 31 December 2012, on the new discipline of the legal profession.
Week 3
Ministerial regulations on the implementation of the professional law. Ministerial Decree of the Ministry of Justice, no. 144 of the 12 August 2015, as amended by the decree no. 163 of the 1 October 2020: The regulation on provisions for the achievement and maintenance of the title of specialized lawyer. Forensic Fee: Ministerial Decree of the Ministry of Justice, no.55 of the 10 March 2014 (then integrated with the amendments of the Ministerial Decree no. 37/2018: The regulation on the determination of the parameters for the payment of legal profession’s fee.
Week 4
The regulations of the National Bar Association on the implementation of the professional law. The regulation no. 1 of 11 April 2013, and the regulation no. 4 of 16 July 2014: Rules for the establishment and methods of keeping the list of the most representative specialized forensic associations The regulation no.6 of 16 July 2014 and subsequent amendments: The regulation on continuing education.
Week 5
District and territorial COA regulations. The forensic providence system.
Week 6
Forensic assistance. Forensic providence. Code of Conduct for Italian lawyers.
Week 7
Legal professions in general. The lawyer in general: the system and qualifications.
Week 8
Private Lawyer: International and Boutique law firms. State Lawyer. Public Entities Lawyer. Corporate lawyer.
Week 9
The Lawyer in the thirteen areas of specialization (Ministerial Decree no. 163/2020). The Lawyer in the Civil Law sector. The Lawyer in the Criminal Law sector. The Lawyer in the Administrative Law sector. The Lawyer in the field of Labour Law and Social Security. The lawyer in the field of tax law, customs and international taxation The Lawyer in the field of International Law. The lawyer in the field of European law.
Week 10
The lawyer in the field of transport and navigation law. The Lawyer in the field of Competition Law. The Lawyer in the field of the Right of information, digital communication and Data Protection. The lawyer in the field of right of the person, family relations and minors. The lawyer in the field of human rights and international protection. The Lawyer in the field of Sports Law.
Week 11
The lawyer in the fields recognized as direct (Ministerial Decree No. 163/2020) of greatest importance. The Lawyer in the field of Corporate and Commercial Law. The lawyer in the field of industrial law, intellectual property and technological innovation. The lawyer in the field of consumer law. The lawyer in the field of environmental, urban planning and construction criminal law. The lawyer in the field of IT Criminal Law, internet and new technologies law.
Week 12
The lawyer in the field of environmental and energy law. The lawyer in the field of public contract law and services of general economic interest. The lawyer in "emerging" sectors. The Lawyer in the field of Culture and Tourism Law. The Lawyer in the field of Entertainment Law (Media, Cinema, Television, etc.). The Lawyer in the field of Fashion Law.