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Legal practice 2017/2018

  • 5 ECTS
  • Taught in Portuguese
  • Final Assessment

Objectives

The student must be able to:
1) To analyze, understand and prepare briefs for the assessment procedure;
2) analyze, interpret and apply the legal standards on the instance of the incidents, injunctions and occasional legal notices
3) To analyze, understand and prepare pleadings relating to criminal proceedings;

Recommended Prerequisites

Introduction to Law;
General Theory of Civil Law I;
General Theory of Civil Law II;
Law of Obligations I;
Law of Obligations II;
General Theory of Process;
Declarative process;
Criminal proceedings.

Teaching Metodology

Is used the lecture method, looking for the debate of ideas and the reasoned opinion of expression, as well as the analysis and critique of law, judgments and other documents.
In addition, we use the case method (study of judicial decisions that represent the dynamics of a particular branch of law or a particular theme or legal institution) and seeks to deal with specific legal issues, aiming to therefore provide students a very close contact with legal reality, particularly by drafting pleadings.

Body of Work

I - Practice Civil Procedure:
1. Common Declarative Process: Preparation and analysis of procedural documents, including pleadings and judicial orders, for the different stages of the assessment procedure.
2. Incidents of proceedings, injunctions and occasional legal notices: Study legal regime and preparation and analysis of pleadings.

II Practice of Criminal Procedure
1. criminal complaint elaboration;
2. Preparation of denunciation;
3. application development for assistant constitution;
4. Preparation of private prosecution and civil claim;
5. application development for instructional opening;
6. Preparation of test application;

Recommended Bibliography

1) PIMENTA; Paulo
Processo Civil Declarativo, Coimbra 2014;
2) FREITAS, José Lebre de
A acção declarativa comum, à luz do código de processo civil de 2013, 3ª Edição, Coimbra 2013;
A Acção Executiva - À Luz do Código de Processo Civil de 2013, Coimbra Editora, 2014
3) DIAS, Jorge de Figueiredo Dias,
Direito Processual Penal, Coimbra: Coimbra Editora, reimpressão
4) SILVA, Germano Marques da, Direito Processual Penal Português
Noções Gerais - Sujeitos Processuais e Objecto, Lisboa: Universidade Católica Editora, 2014

Complementary Bibliography

CARVALHO, Paula Marques, Manual Prático de Processo Penal, 9.ª edição, Coimbra: Almedina, 2015
FREITAS, José Lebre de
Introdução ao processo civil. Conceito e princípios gerais à luz do código revisto, 3ª Edição, Coimbra 2013;
LEITE, André Lamas, Alterações de 2013 aos Código Penal e de Processo Penal, Coimbra: Coimbra Editora, 2014
SANTOS, Gil Moreira dos, Princípios e prática processual penal, Coimbra: Coimbra Editora, 2014
SILVA, Germano Marques da, Curso de Processo Penal I - Noções gerais, elementos do processo penal, Lisboa: Verbo, 2010

Weekly Planning

1st to 10th Class - Dr. Rui Darlindo
11th to 15th Class - Dr. Silva Lopes

Theoretical classes
1ª)
Presentation. General considerations about the course unit. Method of teaching and evaluation. Bibliographic indications and elements of study.
2ª)
I - Civil Procedural Practice:
1. Common Declarative Process: Elaboration and analysis of procedural parts, namely articulated and judicial orders, referring to the initial phase of the declarative process.
3ª)
Continuation of previous class;
4ª)
Continuation of previous classes;
5th)
Continuation of previous classes;
6th)
Common Declarative Process: Elaboration and analysis of procedural pieces, namely articulated and judicial orders, referring to the intermediate phase of the declarative process.
7th)
Continuation of previous class;
8th)
Continuation of previous classes;
9th)
Common Declarative Process: Elaboration and analysis of procedural pieces, namely articulated and judicial orders, referring to the final phase of the declarative process.
10ª)
Incidents of the proceedings, precautionary procedures and separate judicial notices: study of the legal regime and elaboration and analysis of procedural documents.
11ª)
II- Criminal Procedural Practice
1. Elaboration of a criminal complaint;
12ª)
2. Elaboration of complaint;
13ª)
Continuation of previous class;
14th)
3. Elaboration of application for constitution of assistant;
4. Elaboration of private prosecution and civil damages claim;
15ª)
5. Elaboration of request for opening of instruction;
6. Elaboration of evidence request;

1st to 9th Class - Dr. Rui Darlindo
10th to 14th Class - Dr. Silva Lopes

Practical classes
1ª)
Presentation. General considerations about the course unit. Method of teaching and evaluation. Bibliographic indications and elements of study.
2ª)
Analysis of legal issues on the following subject:
I - Civil Procedural Practice:
1. Common Declarative Process: Elaboration and analysis of procedural parts, namely articulated and judicial orders, referring to the initial phase of the declarative process.
3ª)
Continuation of previous class;
4ª)
Continuation of previous classes;
5th)
Continuation of previous classes;
6th)
1. Common Declarative Process: Elaboration and analysis of procedural parts, namely articulated and judicial orders, referring to the intermediate phase of the declarative process.
7th)
Continuation of previous class;
8th)
1. Common Declarative Process: Elaboration and analysis of procedural pieces, namely articulated and judicial orders, referring to the final phase of the declarative process.
9th)
Analysis of legal problems on the following subject:
Incidents of the proceedings, precautionary procedures and individual judicial notifications: study of the legal regime and elaboration and analysis of procedural documents.
10ª)
Analysis of legal problems on the following subject:
II- Criminal Procedural Practice
1. Elaboration of a criminal complaint;
11ª)
2. Elaboration of complaint;
12ª)
Continuation of previous class;
13ª)
Analysis of legal problems on the following subject:
3. Elaboration of application for constitution of assistant;
4. Elaboration of private prosecution and civil damages claim;
14th)
Analysis of legal problems on the following subject:
5. Elaboration of request for opening of instruction;
6. Elaboration of evidence request;

Demonstration of the syllabus coherence with the curricular unit's objectives

The first goal is achieved by section 1 of chapter I of the study plan; Objective 2 is achieved through the Section 2 of Chapter I of the study plan; Objective 3 is achieved through the Chapter II of the study plan.

Demonstration of the teaching methodologies coherence with the curricular unit's objectives

The expository method is used to achieve all the objectives of the course. - The debate of ideas and the reasoned opinion of expression, as well as the analysis and critique of law, judgments and other documents are used in a way that the following objectives are achieved: understand and prepare briefs for the assessment procedure; apply the rules of law relating to the incidents of the proceedings, injunctions and occasional legal notices; understand and prepare pleadings relating to criminal proceedings.

relevant generic skillimproved?assessed?
Achieving practical application of theoretical knowledgeYes 
Adapting to new situationsYes 
Analytical and synthetic skillsYes 
Balanced decision makingYes 
Ethical and responsible behaviourYes 
Problem Analysis and AssessmentYes 
Problem-solvingYes 
Written and verbal communications skillsYes 
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