Civil Procedure (mandatory LLM course)

Course content

The course covers the following main topics:

  • Goals of civil justice and civil procedure law
    • Different procedural traditions (civil procedure law in a comparative context)
    • The legal profession, organization of courts, different types of civil proceedings
    • The role of the parties and the judge in defining the dispute
    • Access to information and evidence, including expert evidence
    • Judicial decision-making - determinations of fact and law

       

  • Europeanization of civil procedure law (civil procedure law in a European context)
    • Article 6 (civil limb) of the European Convention on Human Rights: The right to a fair trial
    • The impact of EU law on civil procedure law in the EU Member States

       

  • Conflict theory and alternative dispute resolution (ADR)
    • Conflict theory
    • Arbitration
    • Mediation
    • The role of national courts in supporting and controlling arbitration and mediation
Learning outcome

The students possess knowledge of

  • the role and functions of civil procedure and its fundamental legal concepts in the legal system,
  • theoretical and practical aspects of legal issues in civil procedure law,
  • legal aspects of alternative dispute resolution (ADR), in particular international commercial arbitration and mediation, and
  • academic legal writing

 

The students possess the skills to

  • independently, systematically and critically analyze legal concepts and complex legal issues in civil procedure law using relevant legal methodology,
  • document and/or argue systematically and independently for the claims in the analysis and the conclusion, and be able to reflect critically on this,
  • write and structure a written assignment in a way that ensures consistency between research question(s), outline, delimitation, analysis and conclusions.

 

The students possess the competences to

  • independently, systematically and critically analyze legal concepts and complex legal issues in civil procedure law using relevant legal methodology,
  • structure a written work logically and coherently, and argue logically and accurately for conclusions on the basis of conducted analyses, and
  • communicate and express legal knowledge concerning civil procedure law in the English language in an academically and linguistically correct way.

The teaching and learning activities will take a problem-based approach to the topics covered in the course. Students will prepare cases and other assignments in groups for each seminar. Seminars will combine lectures with group work – building on the prepared cases and assigments – and students will receive continuous feedback on their work during the seminars.

The readings for the course will consist of academic literature, which provides an overview of the topics, scholarly papers, relevant legal rules and soft law instruments, and judgments from the European Court of Human Rights and the Court of Justice for the European Union. The readings for the course will be announced in Absalon, and they will comprise approx. 750 pages.

For students starting their LLM studies in 2020, this course – Civil Procedure (Mandatory LLM course) – can replace the course “Civilprocesret” as a mandatory module on the 2017 Master of Laws Programme. Students enrolled in this course cannot take the Danish course “Civilprocesret”, and students enrolled in “Civilprocesret” cannot take this course.

Written
Oral
Individual
Collective
Continuous feedback during the course of the semester
Feedback by final exam (In addition to the grade)
ECTS
15 ECTS
Type of assessment
Written assignment, 3 days
Assigned written individual assignment, 3 days
Marking scale
7-point grading scale
Censorship form
No external censorship
  • Category
  • Hours
  • Preparation
  • 278,5
  • Seminar
  • 34
  • Exam
  • 100
  • English
  • 412,5