Course Description
Chapter III. Instruction process.
1. The evidence in general.
2. Right evidential material and formal evidentiary law.
3. The burden of proof and rules.
4. Principles that govern the production of evidence in court.
5. Evidence.
Chapter IV. Discussion and judgment.
1. The final hearing.
2. The final sentence.
3. Effects of sentence.
3.1. The res judicata and its species.
3.2. Subjective and objective limits of res judicata.
3.3. Other effects of final judgment.
Title IV. Formalism of common abstract declarative process.
1. Differences regime regarding how common ordinary.
2. Deadlines.
Title V. Process particular concerning small claims.
1. Competence.
2. Specialties of conduct.
FOR BACHELOR OF LAW IN PORTUGUESE LANGUAGE PROGRAMME
I.Procedural acts theory. Concept of procedural act. Form. Time. Place. Parties. Goal. Pathology
of procedural acts.
II. Dynamics of the procedural relation. The bringing of a suit. Development of the instance.
Modifications. Suspension and interruption. Conclusion. Incidents of the instance.
III. Formalities of the Ordinary Declaratory Procedure. Phases. Articulated pleading. Declaration.
'In limine'' order. Service of summons. The answer: defensive-answer; counterclaim-answer. The
replication. The rejoinder. Supervening articulated pleadings. Healing and abridgement. Curative
decision. Facts specification and questionnaire. The instruction. The evidences in general.
Material probative law. Formal probative law. The burden of proof. Fundamental principles.
Means of proof. Trial. Final hearing. 5. Final decision. 'Res judicata'' and its limits.
IV. Formalities of the Summary Declaratory Procedure.
V. Special procedure of small claims.
Intended Learning Outcomes
CILO-1: Students will be able to bring a case to the court and identify which steps will be undertaken during the procedure. For instance, such phases do include the articulated pleading, the defensive-answer and the counterclaim-answer, the replication, the rejoinder, the supervening articulated pleading, the healing and abridgement and the curative decision.
CILO-2: Students will be able to identify facts about specification and questionnaire, instruction, evidences in general and probative law, as well as the important issue of the burden of proof.
CILO-3: Students will be able to explain the trial and final hearing, as well as the final decision.