Civil Procedure Law II

Presentation

This course aims at providing the tools to grasp the fundamental knowledge of procedural law, namelly the understanding of the specificity of the procedural relation and the structural aspects of an action in law, with a strong emphasis on the main concepts of general legal procedural theory, thus allowing students to acquire solid bases not just for further study of civil procedural law but also other branches of procedural law.

Programme

Law

Level of Qualification|Semesters|ECTS

| Semestral | 6

Year | Type of course unit | Language

3 |Mandatory |Português

Code

ULP288-2086

Recommended complementary curricular units

Civil Procedure Law I

Professional Internship

Não

Syllabus

I. Fases of the common procedure

§1.Procedural rite

§2. Specificities of the low-value actions

§3. Procedural adaptation

II. Written pleadings

§1. General aspects

§2. Initial pleading

§3. Opposition

§4. Reply pleading

§5. Further pleadings

III. Case management

§1. Pre-trial decisions

§2. Preliminary hearing

§3. Case disposition

§4. Case subject matter

IV. Discovery

§1. General evidentiary rules

§2. Documents

§3. Witnesses

§4. Depositions

§5. Expert witnesses

§6. Judicial inspections

V. Trial

§1. Final hearing

§2. Judgment and its legal force

§3. Judicial defects

VI. Remedies against judgments

§1. Rectification and review

§2. Appeals - general aspects

§3. Appeals from 1st instance judgments

§4. Appeals from 2nd instance judgements

§5. Extraordinary appeals

Objectives

By the end of the semester students are expected to grasp the legal concepts necessary to understand the procedural rite and the dynamic aspect of the procedural legal relationship, enabling them with the necessary tools to understand the several special branches of procedural law.

Additionally, it is hoped that students will be engaged in furthering their interest in the legal academic debate and in a critical approach to the law in general.

Finally, this course would be able to afford an initiation to legal professional practice and independent reserach in the framework of the syllabus subjetct matter.

Teaching methodologies and assessment

Teaching will take place on onsite through seminar classes, emphasizing sutedents' participation in the reflection and problematizatio around the syllabus. A strong emphasis will also be given to a practical approach through exercises and critical analysis of court decisions.

Assessment will will relay on a written interlocutory test, to take place during classwokr, and a final writeen test, to take place after the end of classes. Grading will be determined by averaging the grades of both tests. Students will be able to submit to final exams, in accordance to the rule in force. The exam will consist of a written test, complimented by an oral examination for those students obtaining a grade of 8 and 9 in the written test.

References

BRITO, Wladimir - Teoria Geral do Processo. Coimbra: Almedina, 2019. ISBN: 9789724080000

GRAMAXO ROZEIRA, Gustavo - Direito Processual (Sumários Desenvolvidos). Porto: policopiado, 2019.

LEBRE DE FREITAS, José - A Ação Declarativa Comum. 4.ª ed., Coimbra: Gestlegal, 2017. ISBN: 9789899982420

PIMENTA, Paulo - Processo Civil Declarativo. 2.ª ed. Coimbra: Almedina, 2018. ISBN: 9789724072043

REMÉDIO MARQUES, J.P. - Ação Declarativa à Luz do Código Revisto. 3.ª ed. Coimbra: Coimbra Ed., 2011. ISBN: 9789723219043

TEIXEIRA DE SOUSA, Miguel - Introdução ao Processo Civil. 2.ª ed. Lisboa: Lex, 2000. ISBN: 9789728634025

Office Hours