Universidad de Jaén

Part One

INTRODUCTION TO PROCEDURAL LAW

(Lessons 1a to 7a)

Lesson 1a. PROCEDURAL LAW AND SOURCES

1. Procedural Law: Basic concepts and content 2. On the distinction between substantive law and law procedural. 3. Legal and judicial protection within the framework of private law. 4. Conflicts and its modes of solution. 5. Sources of Procedural Law: The Basic Procedural Laws.-6. Application of procedural rules in time and space.

Lesson 2a . JURISDICTION (I)

1. Jurisdiction as a public authority aimed at the updating or implementation of the law in the specific case. 3. Constitutional guarantees in the exercise of the jurisdictional function 3.1. Independence; 3.2. Immovability; 3.3. 3.3 Responsibility. 3.4. 3.4. Submission of judges to the law Constitutional principles of the Judiciary: 4.1. Principle of judicial unity. 4.2. Principle of exclusivity. 4.3. Principle of the natural or legal judge. 4.4. Principle of the State's economic responsibility. 5. Annex: grounds for abstention and judicial disqualification.

Lesson 3a . THE JURISDICTION (II) JUDICIAL POWER AND THE ORGANIZATION OF JUDGES AND COURTS

1. The organs of each jurisdictional order (and especially those of the civil jurisdictional order). The headquarters and territory of the court. 5. the composition and constitution of the courts ANNEX: Special courts with constitutional legitimacy which also have judicial power (list).

Lesson 4a . THE JURISDICTION (III) SUBJECTS OF THE JURISDICTIONAL BODIES AND SUBJECTS COLLABORATING WITH THE JUSTICE ADMINISTRATION

1. 2. The judging staff. 3. Staff in the service of the administration of justice. 3.1. The Judicial Office and its staff. -3.1.1. The Spanish Court Clerks (or LAJ). -3.1.2. Bodies responsible for procedural management, processing and judicial assistance. -3.1.3. Corps of Forensic Physicians, Faculty of the National Institute of Toxicology and Forensic Sciences, Specialist Technicians of the National Institute of Toxicology and Forensic Sciences and Laboratory Assistants. 4. Personnel collaborating with the Administration of Justice. 4.1. Public Prosecutor's Office in Spain. 4.2. Lawyers, procurators and social graduates.

Lesson 5a . THE PROCESS. THE PRINCIPLES AND FORMS OF THE PROCESS

1. Concept and legal nature of the jurisdictional process 2. Process, procedure and trial - 3. Different types of processes: declaration process, execution process and precautionary process - 4. Processes in the civil jurisdictional order: ordinary and special processes - 5. Principles and forms of the process.

Lesson 6a THE PROCESS (II) THE PROCEDURAL ACTS 1. 2. Requirements for procedural acts: of place, time and form 3. 3. Invalidity of procedural acts 4. Classification of procedural acts: (A) Acts of the parties (B) acts of the judge or of the chamber or section C) Acts of the Court Clerk. D) Clarification and correction of the decisions. 5. Acts of communication.

Lesson 7a . THE RIGHTS OF LEGAL SUBJECTS BEFORE THE COURTS OF JUSTICE 1. Procedural action: generalities - 2. civil action - 3. criminal action - 4. effective judicial protection. 5. The economic effects of the process and legal aid.

Part Two

CIVIL PROCEDURAL LAW: Declarative process and execution process

(Lessons 8a to 18a)

Lesson 8a. JURISDICTION AND COMPETENCE OF THE CIVIL COURTS (I) 1. The jurisdiction as (first) premise of the process 2. Jurisdiction by reason of territory (or international jurisdiction). 3. Jurisdiction by reason of the object or subject matter 4. Powers of the civil courts by reason of the subject matter or object 5. Conflicts of competence or jurisdiction.

Lesson 9a. JURISDICTION AND COMPETENCE OF THE CIVIL COURTS (II) 1. The rules of competition. Introduction - 2. objective competence - 3. functional competence - 4. 5. Homogeneous or distributed competition.

Lesson 10a . THE PARTIES TO THE PROCEEDINGS 1. Parties and third parties: Concept of party 2. Procedural requirements relating to the parties: Capacity to be a party and capacity to sue 2.1. Capacity to be a party 2.2. Capacity to sue and be sued (legitimatio ad procesum) 2.3 Representation 2.4 Counsel. 2.5. Procedural treatment of capacity to be party and to sue 3. Legal standing (legitimatio ad causam) 3.2 Procedural treatment of legal standing - 4 Change of parties or procedural succession - 5 Plurality of parties - 6 Intervention of third parties in the process - 7 Public administrations as parties in civil proceedings.

Lesson 11a . THE SUBJECT OF THE PROCESS 1. The importance of the delimitation of the subject of the process 2. Plurality of procedural subjects. A. Plurality of subjects at the beginning of the process B. Supervening accumulation of subjects (or supervening accumulation of actions).

Lesson 12a . ACTIVITIES PRIOR TO THE START OF THE DECLARATORY PROCESS AND DETERMINATION OF THE APPROPRIATE PROCEDURE OR TRIAL 1. Activities prior to the start of the declaratory process: A) Conciliation B) Preliminary proceedings. C) Precautionary measures (referral) - D). Other previous activities (referral) 2. Determination of the appropriate procedure or trial. 3. Overview of the civil ordinary trial and the oral trial (very important).

Lesson 13a. THE PLAINTIFF'S AND THE DEFENDANT'S ALLEGATIONS 1. The lawsuit 2. The delimitation of the object of the process in the lawsuit. 3-. The effects of the admission of the lawsuit: lis pendens. 4. Possible conduct of the defendant in the face of the lawsuit. 5. default of appearance - 6. Counterclaim 7. Post-Lawsuit and Post-Counterclaim allegations.

Lesson 14a. THE EVIDENCE (I) GENERAL THEORY  1. The determination of the facts in the civil process 2. The right to evidence as a fundamental right (required reading). 3. What is there to prove? 4. Who should be tested and when is the test proposed? 5. On the basis of what criteria does the judge admit or reject the proposed evidence? 6. The burden of proof - 7. 8. The assessment of evidence 9. The evidentiary procedure.

Lesson 15a. THE EVIDENCE (II) Statements by the parties and witness evidence: A) The questioning of the parties. B) The testimonial evidence ordinary. C) The confrontation, the reports of private investigation professionals and the written answers by legal persons and public entities. D) Assessment of both evidence. E) Objection to Witnesses. Expert's report and judicial recognition: A) Experts and expert's report. B) Expert's report provided by the parties. C) Practice of expert evidence by court-appointed experts. D) Procedural contradiction and evaluation of expert evidence E) Judicial recognition - Documentary evidence and other such evidence: A) Types of documents. B) Presentation of documents: time and form. C) Exhibition of documents. D) Contesting the authenticity of documents. E) Evidentiary value of the documents. F) Means of reproduction of speech, sound and image and instruments for data archiving or reproduction: A) Legal. B) Judicial.

Lesson 16a THE END OF THE FIRST INSTANCE 1. Conclusions and oral reports 2. The final proceedings. 3. The sentence. 4. Early termination and termination without a contradictory sentence of the civil process.

Lesson 17a . APPEALS AND THE RES JUDICATA 1. Appeals. Generalities. 2. Is there a subjective-procedural right to appeal against any civil decision? 3. General requirements that must be met for the appeal to be admitted by the body a quo. 4. Effects of appeals 5. Appeals against the decisions of the Court Clerk 6. The remedy of revocation. 7. Appeal and second instance 8. Extraordinary appeals: for procedural and cassation violations and in the interest of the law (required reading) 9. The remedy of complaint 10. Res judicata.

Lesson 18a . CIVIL JUDICIAL ENFORCEMENT PROCEEDING: GENERAL THEORY 1. Preliminary consideration 2. Nature and characteristics of the civil judicial enforcement activity 3. The subjects involved in the enforcement proceeding 4. The requirements  for execution. In particular, the enforceable document. 5. Classes of enforceable documents 6. Basic scheme of the enforcement process (very important reading) 7. Brief note on the provisional enforcement.

Presentation of the basic theoretical knowledge of the subject and practical case studies with the active participation of students in the classroom

 Students with special educational needs should contact the Student Attention Service (Servicio de Atención y Ayudas al Estudiante) in order to receive the appropriate academic support

Students with special educational needs should contact the Student Attention Service (Servicio de Atención y Ayudas al Estudiante) in order to receive the appropriate academic support

PRESENTIAL SYSTEM. Taking into consideration the extension of the syllabus, it is considered absolutely necessary that the student studies by means of the recommended bibliographical materials, duly updated, and to which in a constant will be referenced in the classes.

1. Theoretical part (80% of the final grade). It will consist of a single final exam (oral or written to choice of teacher) which will aim at the knowledge of the course programme. Said The examination will consist of answering 5 or 6 questions, in a limited space, about the contents of the programme. Also, periodic non-elimination tests (on the contents of the explained) and to be done without notice in class. The aim of this type of evaluation is to promote the constant work of the student.
2. Practical and attendance part (20%) Evaluation of the practices defended orally by the student; the participation and attendance in class; oral work defended in class, as well as other evaluable activities that are previously announced. In order to average out the practice grades with the theoretical exam, it will be necessary to have obtained in the latter at least a 4 score. For the monitoring and development of the subject, the student must attend classes at the scheduled time. Failure to do so will affect the final grade of the course. The student must register in the virtual platform from which all the information relating to the course subject will be provided and channelled the delivery of materials.

It is the responsibility of the student to access this training platform for the correct course monitoring. The student can also contact the teacher and solve his doubts at through presential tutoring in the teacher's office.

In the methodology, lectures with theoretical content and practical classes will be followed.

In the theoretical classes, 75 one-hour participatory master sessions will be held in the classroom and transmitted by videoconference to the rest of the group. Periodic rotation of students in small groups. Students will also have access to various teaching materials located on the virtual teaching platform. The practical classes will be developed with 15 practical sessions of one hour each applying a rotation in small groups, with retransmission of the practical class to the rest of the group.

The practices will consist of solving legal problems that will be defended orally in class. They may also be the subject of practical exercises, the oral presentation of work, the drafting of a complaint or other procedural documents, etc.

The tutorials will be carried out in person and others online (synchronous and asynchronous).

In the evaluation system there will be a test to evaluate theoretical knowledge and work. The final exam (with a 80%) will be a short answer, where the student must respond with sufficient precision and legal maturity to the questions asked. There may be periodic non-elimination tests without prior notice to be taken in class.

When carrying out work and practical cases (10%), an oral defence of the practical work determined by the teacher must be made; proposal of demand and others pleadings.

In carrying out and defending work in class (10%); class attendance and participation in activities will be taken into account.

In the methodology, regarding the theoretical classes, 72 hours of virtual master classes (videoconferences) will be given in a synchronous way and asynchronous theoretical activities via virtual teaching. The practical classes will be carried out with 15 hours of training activities, carried out via virtual teaching. Tutorials will be online, synchronous and asynchronous.

With respect to the evaluation, priority will be given to the realization of a theoretical-practical case (to be carried out on the date of the official call) where the student must show sufficient legal maturity over the content of the course (80%) and in the attendance and realization of cases (20%) the control of attendance and participation by the teacher will prevail.

Institution in charge of data processing: Universidad de Jaén, Campus Las Lagunillas, s/n, 23071 Jaén

Data Protection Delegate: dpo@ujaen.es

Purpose: In accordance with the Universities Law and other national and regional regulations in force, carrying out exams and assessment tests corresponding to the courses students are registered in. In order to avoid frauds while sitting the exam, the exam will be answered using a videoconference system, being able the academic staff of the University of Jaén to compare and contrast the image of the person who is answering the exam with the student's photographic files. Likewise, in order to provide the exam with evidential content for revisions or claims, in accordance with current regulation frameworks, the exam will be recorded and stored.

Legitimacy: compliance with legal obligations (Universities Law) and other national and regional regulations currently in force.

Addressees: service providers who are the owners of the platforms where the exams are carried out and with whom the University of Jaén has signed the corresponding data access contracts.

Storage periods: those established in current in force regulations. In the specific case of exam videoconference recordings, not before the examination records and transcripts are closed or the exam can still be reviewed or challenged.

Rights: you can exercise your right of access, amendment, cancellation, opposition, suppression, limitation and portability by sending a letter to the postal or electronic address indicated above. In the event that you consider that your rights have been violated, you may submit a complaint to the Andalusian Council for Transparency and Data Protection www.ctpdandalucia.es

Person in charge: Universidad de Jaén, Paraje Las Lagunillas, s/n; Tel.953 212121; www.ujaen.es

Data protection delegate (DPO): TELEFÓNICA, S.A.U. ; Email: dpo@ujaen.es

Procedure aim: To manage proper recordings of teaching sessions with the aim of facilitating learning process under a multimodal and/or online teaching

Period for record storage: Images will be kept during legal term according to regulations in force

Legitimacy: Data will be managed according to legal regulations (Organic Law 6/2001, December 21, on Universities) and given consent provided by selecting corresponding box in legal admission documents

Data recipients (transfers or assignments): Any person allowed to get access to every teaching modality

Rights: You may exercise your rights of access, rectification, cancellation, portability, limitation of processing, deletion or, where appropriate, opposition. To exercise these rights, you must submit a written request to the Information, Registration and Electronic Administration Service of the University of Jaen at the address above, or by e-mail to the address above. You must specify which of these rights you are requesting to be satisfied and, at the same time, you must attach a photocopy of your ID card or equivalent identification document. In case you act through a representative, legal or voluntary, you must also provide a document that proves this representation and identification. Likewise, if you consider that your right to personal data protection has been violated, you may file a complaint with the Andalusian Data Protection and Transparency Council www.ctpdandalucia.es