The course is focused on the activities of the trial, relatives, in particolar, to the evidence collection facts, in the frame of the "due process". Special attention is therefore reserved to different technical of evidence and problematic profiles emerged in the case law, which has made significant use during the lessons.
The text is the same for attending and non-attending students
and it consists of the following handouts: N. Trocker "The due process profiles. The process as a judgment" and its appendix of cases and materials (which forms an integral part), all recover on the Moodle platform. For attending students, additional materials will be given durign the lessons. The program will be in force from May 2017.
Learning Objectives
The course attempts to develop a critical and problematic approach to the civil process issues; case law on specific issues will be examined and discussed in the the classroom.
Teaching Methods
Lectures: 40 hours; seminars: 8 hours
Further information
no
Type of Assessment
The exam will be oral. Attending students may chose with the teacher a theme of those covered by the course on which to perform a written report.
Course program
Substantive law and procedural law; national and international principles; the facts in the process; the evidence in the c.p.c.; the powers of the parties and the powers of the judge; atypical evidence; subjective limitations on the evidence of witnesses; the scientific evidence in civil and criminal trial process, the burden of proof.