Legal Procedure Theory
Code
LL144
Department
Área de Ensino
Credits
8
Teacher in charge
Margarida Lima Rego
Weekly hours
6
Teaching language
Português
Objectives
During the first half of the semester, familiarize the students with legal procedure, its fundamental principles and concepts. During the second half of the semester, to lead students through a critical reflection, of both a legal and philosophical nature, on the subject matters of the production of evidence and of the formation of the judicial conviction and decision.
Subject matter
During the first half of the semester, the study of legal procedure, its fundamental principles and concepts, and the theoretical instruments required to the understanding of procedural law and of its articulation with substantive law, with a special emphasis on civil procedure. During the second half of the semester, the study of the law of evidence and the critical reflection, of both a legal and philosophical nature, on the subject matters of the production of evidence and of the formation of the judicial conviction and decision. As a basis for this reflection, the comparative study of the solutions provided in our legal system and in the main anglo-american legal systems.
Bibliography
José Lebre de Freitas, Introdução ao processo civil – conceitos e princípios gerais, 2.ª ed., Coimbra 2007 José Lebre de Freitas, A falsidade no direito probatório, Almedina 1984. Antunes Varela, Manual de processo civil, Coimbra 1985. Castro Mendes, Direito processual civil, vols. I e II, AAFDL 1989 (reimpre. 2012). Lebre de Freitas / João Redinha / Rui Pinto, Código do Processo Civil anotado, I vol., 2.ª ed., Coimbra 2008.
Teaching method
All the classes are theoretical-practical, and are based on a permanent dialogue between lecturer and students. Whenever possible, the various subject matters included in the syllabus are analyzed on the basis of practical exercises which describe life situations, which students are encouraged to prepare at home and solve in class. The resolution of these exercises is commented upon and developed by the lecturer, who complements and develops, whenever necessary, issues of greater complexity, and ensures that the other students follow and understand the presentation. Whenever the subject matter in question does not allow for such a method to be undertaken, a theoretical presentation thereof will occur, mostly by the lecturer, accompanied by many practical examples and of the analysis of court decisions.
Evaluation method
Evaluation is carried out through a written exam with the duration of three hours. The final grade corresponds to the grade obtained in the final exam, it being possible to take into consideration work carried out during the semester (maximum impact of one value on the final grade).