Learning objectives
The course intends to provide the main knowledge of the methods aimed at employing, in a conscious and profitable manner, the tools for the study of cases, the elaboration and the drafting of the most relevant legal documents, with particular attention to the judicial sphere. The theoretical explanation of the criteria and techniques of legal writing will be followed by the practical application that, with the guidance of the lecturer and experts in the field, will allow the student to put himself to the test, practising the implementation of the proposed legal acts through the use of knowledge acquired in class, and to have feedback on his preparation by the individual correction of the same. At the end of the course, the student will have acquired both a theoretical and practical approach to the basic aspects to be borne in mind in the drafting of legal acts, which is certainly valid for knowing how to orient oneself in the current panorama of the legal professions in which one will find oneself operating.
Prerequisites
A knowledge of civil procedural law and criminal procedure is required to profitably tackle the course, especially the practical part of the written exercises, and the study of the subject in general.
Course unit content
The course provides an overview of the figure of the jurist, the principles of legal writing, legal analysis and interpretation, and the drafting of practical documents, and will be organised as follows: 1) Introduction to the course. The figure of the jurist: from Roman jurisprudence to the multidisciplinary knowledge of the jurist today. Legal methodology: casuistic analysis and response. 2) The fundamentals of legal writing: introduction to the fundamentals of legal writing (clarity, precision, coherence and persuasion). Guide to the structure and organisation of legal documents. Advice on how to write in a clear, formal and precise legal style and with sound and convincing legal arguments. 3) Legal analysis and interpretation: methods for analysing and interpreting the law; criteria for research, understanding and integration of case law. 4) Practical legal drafting: practical tips for drafting legal documents, in particular opinions, court documents in civil and criminal proceedings; court orders.
Full programme
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Bibliography
La lingua e la scrittura forense: storia, temi, prospettive, edited by M.V. Dall'Anna, Giappichelli, Turin 2023.
Materials and further bibliographical indications for the preparation aimed at the practical drafting of legal acts will be communicated and made available on the Elly platform.
Teaching methods
The lectures will focus on explaining the method to be followed in the drafting and writing of legal acts and will be held with the aid of slides and study material that will be distributed in the classroom and on the Elly platform. The teaching activity will also take place with the collaboration of experts working in the field of legal professions, who, in providing their expertise, will facilitate the theoretical understanding and practical approach aimed at the written drafting of various legal acts. Active participation and interaction with the students during the lessons will ensure the learning of basic notions concerning the legal language, structure and organisation of legal documents. Some hours of the course will be devoted to written exercises in which the student will draft the documents explained in the classroom in order to apply the theoretical knowledge acquired in relation to proposed practical cases. The correction of the written papers by the lecturer will be followed by class discussion with specific reference to the models of the acts applied and the legal problems of the cases proposed. In order to achieve a better and more conscious understanding of the solutions of the practical cases dealt with, the essential lines of the Romanistic roots of the institutions considered that are in force in today's legal system will be recalled.
The video lectures will only be made available to subscribers from the PA (who must contact the lecturer in advance).
Assessment methods and criteria
For attending students (present for at least 70% of the total 36 hours of the course), the verification of learning takes place in itinere with written exercises in the classroom, which constitute intermediate tests concerning the legal acts (legal opinion, judicial act in the field of civil law or in the field of criminal law) explained in class from time to time. In order to facilitate the student's self-assessment of his understanding of the topics covered, a grade will be given on these tests (insufficient, sufficient, fair, good, very good). The final oral examination will consist of three questions in order to test the knowledge acquired. The grade expressed in thirtieths and possible honours will be weighted taking into account the grade assigned to each answer (from 0 to 10).
For non-attending students, the examination consists of the drafting of a written document on the day of the roll call, to be chosen between a legal opinion or a judicial document in the field of civil law or in the field of criminal law, with a subsequent discussion consisting of at least three questions in order to test the knowledge acquired. The written test will be evaluated with one of the following marks: inadequate (mark less than 18/30); sufficient (mark between 18 and 20/30); fair (mark between 21 and 24/30); good (mark between 25 and 27/30); excellent (mark between 28 and 30/30, and possible honours). This judgement will be taken into account when weighting the average with the grade (mark from 0 to 10) awarded to each answer given in the oral interview. The final mark will be expressed in thirtieths and possible honours.
Other information
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