Course Code : LAW 301
Course Title : North & South Cyprus Civil and Criminal Procedure
Weekly Teaching Hour: 3-hours lecture per week, 1 (1-hour) tutorial every week
Who may enrol : Compulsory for Year 3 (Junior) LLB. Students
Prerequisites : N/A
Lecturer : To be announced on August 2020
Description : This course aims to:
• Introduce the fundamentals of Northern & Southern Cyprus civil procedure.
• Familiarise students with the structure of a civil action.
• Provide a theoretical framework of the rules of procedure.
• Introduce students to the analytical and practical skills necessary for applying the study of procedure to the practice of law.
• Examine the body of rules which regulate the inquiry into whether a violation of substantive criminal law has occurred and whether a specified individual has committed that violation.
• Familiarise students with the manner in which the criminal process is initiated.
• Familiarise students with the process of the criminal trial.
• Examine the rationale behind the various provisions of the Northern & Southern Cyprus Criminal Procedure Law.
COURSE CONTENT Indicative syllabus content:
1. Introduction to Civil Procedure – Jurisdiction.
2. Form and commencement of a civil action.
3. Writ of summons, time limitations, renewal of the writ of summons, service of the writ of summons.
4. Parties, joinder of parties, third party procedure.
5. Joinder of causes of action, consolidation of actions, discontinuance of action.
6. Appearance, default of appearance.
7. Pleadings: statement of claim, defence, counter claim, defence to counter claim and reply.
8. Default to pleading, amendment of pleadings, summons for directions.
9. Summary judgment.
10. Admissions, discovery and inspection, payment into court.
11. Applications, interim orders, orders without notice, proceedings at trial and appeals.
12. The criminal justice system, introduction to criminal procedure.
13. Investigation of an offence, arrest, search and seizure.
14. Summons and warrants, remand in custody, bail.
15. Jurisdiction of criminal courts.
16. The institution of criminal proceedings.
17. Charge: amendment, substitution and addition of charges.
18. Trial, Judgment, Sentencing & Appeals.
INTENDED LEARNING OUTCOMES On successful completion of this course a student will be able to:
1. Describe the civil and criminal procedures in context.
2. Outline the values, principles and goals on which these rules of procedure are based and identify the rights of the parties to the various actions.
3. Examine the rules to take the appropriate steps to solve the typical problems which arise during a lawsuit.
4. Formulate and support their own views as to the effectiveness and propriety of possible actions which might be taken in the prosecution of a lawsuit.
5. Communicate legal points and argument effectively using written and oral skills.
TEACHING METHODS : The course will utilise a variety of learning strategies designed to place the student at the centre of the learning process. The course will encourage student learning by participation and independent research as well as developing problem solving and analytical skills. A course handbook will be compiled consisting of lecture outlines, seminar tasks and further recommended reading. Seminars will take the form of interactive sessions making use of case studies and discussion points to enhance the student’s ability to solve problems and investigate issues. Students will be expected to have independently researched topics for discussion and to come prepared to respond and participate in an open and active discussion of questions and problem scenarios.
Recommended Textbook (s) and Supplementary Books :
- Reading lists and other materials will be provided for students registered on the course via online by lecturer.
Class Participation 10%,
Mid-term Examination 30%,
Final Examination 50%,
Attendance 95 % compulsory.