Principles of civil procedure [DROIB216]

Objectives

The course seeks to examine the general principles governing civil procedure; to teach students to use the code of civil procedure; to initiate students to the course of a trial.

Content

The course is divided into three parts.  The first covers the general principles of this area of law, alternative dispute resolution mechanisms and various rules governing civil procedure.  The second deals with jurisdiction.  The third examines the rules of procedure (summons, preparation of submissions, incidents, judgment and appeal).

Table of contents

PRINCIPLES OF CIVIL PROCEDURE. FIRST PART – GENERAL PRINCIPLES. Chapter 1 . Civil procedure and code of civil procedure – chapter 2.  Principles of civil procedure – chapter 3. Preliminary rules of the code of civil procedure – chapter 4. The right to bring civil action to trial – chapter 5. Claim and defence – chapter 6. Nullities – chapter 7. Waiting periods – chapter 8. Alternative dispute resolution mechanisms – chapter 9. Legal professions. SECOND PART – JURIDICTION.  Chapter 1. General rules of jurisdiction – chapter 2. Territorial jurisdiction – chapter 3. Jurisdiction by subject matter. THIRD PART – PROCEDURE.  Chapter 1. Writ of summons - Chapter 2. Preparation of submissions and pleadings – chapter 3. Judgment – chapter 4. Specific procedures – chapter 5. Incidents – chapter 6. Evidence – chapter 7. Litigation costs - Chapter 8. Appeal -  Chapter 9. Enforcement of judgment and attachment proceedings – chapter 10. Legal aid.

Exercises description

Tutorials, organized to help students acquire a more in-depth knowledge of the subject matter and discover its practical aspects. Tutorials include the study of the exercise book, notably examples of documents used in civil procedure.