Written and oral litigation practice [DROIB341]

Learning outcomes

The course aims at the rigorous mastery of the following skills: Specific skills a. To understand adequately the conflicts leading to the trial and the context of the litigation process, b. Use methods and tools for conflict resolution (judicial and administrative solutions), c. Identify the pitfalls and difficulties that litigation practice can generate d. Adopt clear legal language, e. Construct a structured, supported and convincing argument, f. Mastering legal terminology when drafting a legal document, g. To appropriate the rules of written and oral communication in the context of litigation practice, including forms and deadlines, Cross-cutting competences a. Using the French language as a tool for legal thinking, b. Adapt your writing and speaking to the audience, c. To raise awareness of the added value of the spoken word compared to the written word, d. Mastering verbal and non-verbal language, e. Projecting oneself into concrete situations and deploying one's know-how in them, f. Public speaking, g. Building self-confidence.

Objectives

Our three years of undergraduate studies introduce students to the main branches of substantive law as well as to a methodology (research, work, etc.), both through lectures and through various written assignments and supervision (practical work, monitoring, preparation of inverted classes, etc.). Nevertheless, we note certain weaknesses in their mastery of the formulation of the law, whether in writing or orally: understanding a subject, a line of reasoning, is a first step, but managing to formulate and convey a thesis, especially in a context of conviction specific to litigation, remains complicated for students. Moreover, the vast majority of examinations are written, and oral examinations, where they exist, are usually optional, so that students can obtain their law degree without having frequently used their oral skills. This course therefore aims to develop the oral and written expression skills of students who wish to enter the legal profession in the future. Voluntarily centred on the contentious practice of law, and thus on the conflict and its solution before a jurisdiction, the course introduces students to the essential notions of communication and helps them discover the keys to improving their expression by means of various tools and commented practical exercises. The aim is to enable students to become lawyers who can express clearly and convincingly, both orally and in writing, a thesis they are supporting and the arguments behind it, in the conflictual context of litigation. This particular procedural context also implies learning how to reply to an opponent's arguments, as well as how to criticise the reasoning of a judicial or administrative decision that one wishes to challenge in the context of an appeal; it is no longer enough to teach the student to formulate his or her thoughts adequately, but also to train him or her to counter those of the other party in an argumentative and convincing manner.

Content

1. Overall presentation Litigation practice considers : • the starting point, i.e. the conflict, with the distinction between needs, interests and positions, then highlighting in particular the place of emotions, the context of the conflict and the issue of time, • and its jurisdictional (administrative and judicial) solution. The course includes both theoretical and practical aspects. The theoretical part extends the methodology, judicial law and administrative law courses and considers in particular : • the context of a litigation procedure and the moment when the written and the oral take place, • the forms, formalities and deadlines for both the written and the oral phase, • the various actors in a litigation procedure and the various systems they form, • some technical aspects, distinguishing between written and oral, although various elements are essential in both modes of expression • WRITTEN : • the background, • the form, • the complementary support, • ORAL : • the basic principles of communication, • barriers to communication, • verbal and non-verbal language, • adaptation to the addressee, • the different roles filled by the oral hearing, • ... If the size of the group of students allows it (with more than 20 participants, it becomes too complex to implement), the practical part allows the student to "test" himself very concretely by means of role-playing situations during which he is sometimes the sender and sometimes the recipient of information, each position allowing him to discover what favours or does not favour conviction. Once again, the two aspects of expression are further developed through practical application. If the group is large, other forms of practical participation will be considered in order to ensure that everyone has the opportunity to test themselves with regard to the techniques taught. 2. Detailed programme by modules The course is presented in the form of 8 consecutive "modules" of 3 hours each, with the following theme Module 1: Introduction to the conflict and its modes of solution, among which the jurisdictional way Module 2: Introduction to communication Module 3: WRITTEN communication and its theoretical tools Modules 4 and 5: preparation, presentation and critical and constructive reporting of the WRITTEN production Module 6: ORAL communication and its theoretical tools Modules 7 and 8: preparation, presentation and then critical and constructive debriefing of the ORAL production