| CODE | CVL1108 | ||||||||
| TITLE | The Law of Civil Procedure 4: Of Precautionary Acts, Security, Discontinuance and Legal Aid | ||||||||
| UM LEVEL | 01 - Year 1 in Modular Undergraduate Course | ||||||||
| MQF LEVEL | 5 | ||||||||
| ECTS CREDITS | 4 | ||||||||
| DEPARTMENT | Civil Law | ||||||||
| DESCRIPTION | This study-unit provides students with the tools necessary to understand the procedure regulating the issue of a precautionary act, how security is paid in court, how a court case is discontinued and how indigent persons can avail themselves of the institute of legal aid to propose court proceedings. The relevant provisions of these civil procedure institutes are found in articles 829 to 942 of the Code of Organization and Civil Procedure. Students will be taught the laws and case law relevant to the subject of this study-unit. Study-unit Aims: The aim of this study-unit is to equip the student with the necessary knowledge of the rules governing precautionary acts which are issued before a court judgment is obtained; how security is lodged in court and how it can be encashed at a later stage; how a court case can be discontinued by the plaintiff, how can a person benefit from legal aid when s/he does not have the necessary financial means to pay an advocate. Learning Outcomes: 1. Knowledge & Understanding: By the end of the study-unit the student will be able to: (a) understand the rules which regulate the issue of a precautionary act; (b) know what is security in judicial proceedings, how money can be deposited in court and subsequently withdrawn and by whom; (c) understand the rules of how a plaintiff can terminate a court case; (d) know the rules regulating resorting to legal aid and what are the benefits enjoyed by a person admitted to sue with the benefit of legal aid. 2. Skills: By the end of the study-unit the student will be able to: (a) set out the rules regulating precautionary acts; (b) interpret the rules on the civil procedure institute of security; (c) identify the rules of civil procedure on the discontinuance of a court case; (d) comment upon the rules governing legal aid: how one is admitted to legal aid and what benefits are derived from this institute of civil procedure. Main Text/s and any supplementary readings: Code of Organization and Civil Procedure, Chapter 12 of the Laws of Malta. Professor Victor Caurana Galizia, "Notes on Civil Law", Faculty of Laws, University of Malta. |
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| ADDITIONAL NOTES | Students taking this study-unit need to have a background in law. | ||||||||
| STUDY-UNIT TYPE | Lecture | ||||||||
| METHOD OF ASSESSMENT |
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| LECTURER/S | Carlos Bugeja Ilona Debono Joseph Ellis |
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The University makes every effort to ensure that the published Courses Plans, Programmes of Study and Study-Unit information are complete and up-to-date at the time of publication. The University reserves the right to make changes in case errors are detected after publication.
The availability of optional units may be subject to timetabling constraints. Units not attracting a sufficient number of registrations may be withdrawn without notice. It should be noted that all the information in the description above applies to study-units available during the academic year 2024/5. It may be subject to change in subsequent years. |
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