LEGAL TRAINING (CIVIL)
Instructional goals
The aim of the course is to train students in the techniques of legal writing – mainly judicial documents and legal opinions – drawn from concrete cases dealt with by case law commented by the scholars. On the one hand, students are therefore led to study the case law, through the examination of judgments, and related comments; on the other hand, to prepare the written tests according to the schemes explained during the course, identifying solutions in line with the prevailing orientations and to be explained with a clear and coherent method
Intended learning outcomes
At the end of the course, the student will have acquired the technical-legal knowledge necessary to adequately solve concrete legal disputes and will be able to face the written tests with a clear, analytical and coherent method.
Course Contents
The training course described takes place not only through the development of traditional lectures, but through the analysis and solution of concrete legal disputes, which the learners are called upon to face with the problem solving method and on the basis of the texts (case law and contributions of doctrine) previously examined.
Reference Books
Before each test, the teachers transmit to the students the teaching materials to be studied, composed of case law and contributions of doctrine
Teaching Methods
Theoretical-applicative lessons with a case study approach
Assessment Method
Oral exam on the written tests administered during the course
Thesis assignment criteria
Nobody
Week 1
Analysis of the techniques and methods of drafting the legal opinion in civil law, with subsequent examination of a legal dispute, identification of controversial issues and explanation of the structure of the legal opinion. Teaching materials will be provided in preparation for the lesson.
Week 2
Analysis of the techniques of drafting the bill of complaint and explanation of the structure of the judicial act. Teaching materials will be provided in preparation for the lesson.
Week 3
Collective exercise in the classroom for the solution of CASE no. 1 on the subject of the confirmatory deposit clause, with guided drafting of the relevant legal opinion and discussion of the proposed solutions. The subsequent transmission of the legal opinion model referring to CASE no. 1 is envisaged
Week 4
Collective exercise in the classroom for the solution of CASE no. 2 on the subject of the contractor's liability for defects in the contracted work, and guided drafting of the related judicial act. The subsequent transmission of the writ of summons referred to CASE no. 2 is foreseen.
Week 5
Explanation of the institutions and problems underlying the solution of CASE no. 3, concerning a case of liability of the P.A. for damage caused by things in custody with subsequent performance of the exercise by the learners and individual correction of the papers. Teaching materials will be provided in preparation for the exercise.
Week 6
Explanation of the institutions and problems underlying the solution of CASE no. 4, relating to a case in the field of family law with subsequent exercise by the learners and individual correction of the papers. Teaching materials will be provided in preparation for the exercise.
Week 7
Explanation of the institutions and problems underlying the solution of CASE no. 5, relating to a case concerning the right of residence of the surviving cohabitant with subsequent exercise by the learners and individual correction of the papers. Teaching materials will be provided in preparation for the exercise.
Week 8
Explanation of the institutions and problems underlying the solution of CASE no. 6, relating to a case in the matter of a trust agreement with subsequent exercise by the learners and individual correction of the papers. Teaching materials will be provided in preparation for the exercise.
Week 9
Explanation of the institutions and problems underlying the solution of CASE no. 7, relating to a case in the matter of lease contracts and contingencies with subsequent exercise by the learners and individual correction of the papers. Teaching materials will be provided in preparation for the exercise.
Week 10
Explanation of the institutions and problems underlying the solution of CASE no. 8, relating to a case in the matter of subrogation action with subsequent performance of the exercise by the learners and individual correction of the papers. Teaching materials will be provided in preparation for the exercise.
Week 11
Explanation of the institutions and problems underlying the solution of CASE no. 9, relating to a case of donations between cohabitants with subsequent carrying out of the individual exercise by the learners and individual correction of the papers. Teaching materials will be provided in preparation for the exercise.
Week 12
Final lesson dedicated to the overall analysis of the papers delivered by the learners and to the collective discussion on the skills acquired and on any critical issues encountered.