The course relates to the analysis of the "process as judgment" and in particular the reconstruction of the relevant facts to the decision and their assessment through the collection of evidence, in the framework of the principles of "due process". Particular attention is given to the different sorts of evidence and ISSUES emerged in the case law, of which is done a relevant use during the lessons.
The same program is for attending and not attending students and consists of the following lectures notes: N. Trocker, Profiles of due process. The process as judgment (Part III). For attending students the teacher reserves the faculty to supplement the case law during the lesson.
For having the lectures notes, please contact: caterina.silvestri @ unifi.it, which will send the file of the same, or to the teacher in person at the Department of Criminal Law and Comparative Private, D04, third floor.
Learning Objectives
The course attempts to develop a critical and problematic approach to the civil process issues through the analysis of the judgments collected in the lectures notes or, for attending students, of the judgments reported during the lessons.
Thanks to its characteristics and to the objectives pursued, the course is open to all students: for those who have already taken the exam of Civil Procedure, it offers the opportunity to deal with particular issues; for other students, the study of the topics covered by the program is a good introduction of civil litigation.
Teaching Methods
Seminar lectures in which will be discussed the case law indicated in the lecture notes, as well as those reported during the lessons.
Further information
The course consists in 40 hours of lecture.
Type of Assessment
The exam will be oral. Attending students will be able to present, in agreement with the teacher, a relation that consists in the analysis of judgments, doctrine and legislation to one of the topic of the program.
Course program
The course consists of a short introductory part that, through case law, touches the issues of access of the facts in the process, the function of proof, the powers of the parties and the judge, the constitutional principles permeating these aspects. The lessons continue with the study of specific questions, through the analysis of case law too: the technical assessments, the rules of evidence; the subjective limits to the evidence of witnesses; the scientific evidence; the discovery of documents; the evidence unlawfully acquired; the burden of proof.