LAW4178

Comparative Civil Procedure

(LAW)

Professor Vincenzo Varano

6 points + First Semester + Clayton + Prerequisites: Tort and Contract + Co-requisites: Civil Procedure

Synopsis: This subject will compare the methods used to resolve disputes in the Common Law Legal Family and the Civil Law Legal Family. Through the Comparative method students will ascertain the fundamental elements of each system. The role of the judge at first instance will be critically analysed in both systems. The principles of orality, contestation and adherence to party disposition will be explored. The adversary system will be contrasted with the 'inquisitorial' adversary system. The continuing importance of the common law jury will be tested. Each step of litigation from the commencement through to the final disposition will be considered.

Assessment: 100% final examination of 2 hours; or at an individual student's option 50% final examination of 1 hour and 50% case study of 4000 words