Labour Transactional Law and Litigation
A.Y. 2024/2025
Learning objectives
Knowledge and capability of comprehension: the student must prove to have gained the knowledge of the essential notions of Civil procedure Law and Labour Law, in order to draft the main extrajudicial and judicial deeds in the labour dispute.
Applicative capabilities: the student must prove to have learnt the ways of selection of the facts to be subdued to the judge, and to have gained the drafting techniques of the basilar deeds of the labour trial.
Autonomy of judgement: the student must prove to be able to select the facts relevant for the drafting of the deeds suggested, and to be able to assume positions based on valid arguments and juridically defensible regarding to the subjects of the course.
Communication abilities: the student must demonstrate to be able to draft extrajudicial and judicial deeds in the labour dispute with argumentative coherence, systematic thoroughness and a correct use of legal vocabulary.
Capability to learn: the student must prove to have developed specific learning capabilities in autonomous drafting of the extrajudicial and judicial deeds studied
Applicative capabilities: the student must prove to have learnt the ways of selection of the facts to be subdued to the judge, and to have gained the drafting techniques of the basilar deeds of the labour trial.
Autonomy of judgement: the student must prove to be able to select the facts relevant for the drafting of the deeds suggested, and to be able to assume positions based on valid arguments and juridically defensible regarding to the subjects of the course.
Communication abilities: the student must demonstrate to be able to draft extrajudicial and judicial deeds in the labour dispute with argumentative coherence, systematic thoroughness and a correct use of legal vocabulary.
Capability to learn: the student must prove to have developed specific learning capabilities in autonomous drafting of the extrajudicial and judicial deeds studied
Expected learning outcomes
By the end of the lessons, the students should acquire the means essential to the drafting of the main judicial and extrajudicial deeds of the employment relationship's management: that under the perspective both of the dialectical tactics and of the drafting technique. Moreover, they should improve their legal vocabulary and try out a practical approach to the subjects studied.
Lesson period: Second semester
Assessment methods: Esame
Assessment result: voto verbalizzato in trentesimi
Single course
This course can be attended as a single course.
Course syllabus and organization
Single session
Responsible
Lesson period
Second semester
Prerequisites for admission
The students, as expected by the Programme Description, must have passed the exams of Private Law and Constitutional Law. The previous knowledge of Labour Law and Civil Procedure Law is helpful to face up properly the contents of the course, but doesn't act as prerequisites.
Assessment methods and Criteria
At the end of the three modules, a one ad only written test is held to assess the level of students' learning. The outline of a legal case is given to the students, so that they can draw up the most appropriate deed for their client's interests, with the respect of the formal requirements and the solution of the substantive query.
Parameters of evaluation of the written test are: the formal correctness of the deed, tha capability of organize knowledge, the capability of critical reasoning, the dialectic effectiveness of the defence, the correct use of legal vocabulary.
During the final test the use of codes with decisions of the courts is allowed.
The assestment is out of thirty. The results of the test are sent to the students by e-mail, so that they can accept the evaluation and the mark can be registered.
Parameters of evaluation of the written test are: the formal correctness of the deed, tha capability of organize knowledge, the capability of critical reasoning, the dialectic effectiveness of the defence, the correct use of legal vocabulary.
During the final test the use of codes with decisions of the courts is allowed.
The assestment is out of thirty. The results of the test are sent to the students by e-mail, so that they can accept the evaluation and the mark can be registered.
I modulo
Course syllabus
In the first part of the course, which is not strictly divided into watertight compartments, students learn how to face up to the cases suggested, in the perspective of the arrangement of a legal opinion in favour of their clients, who could be both the employer and the employee.
Teaching methods
The course aims to make the students able to draw the main judicial and extrajudicial deeds of the labour disputes. For each deed subject of exercises, a theoretical 4 hours lesson precedes the following 8 hours of practical exercise.
In the first phase of the course, moving from a case study chosen by the teacher, practical classes give the students all the instruments for planning and writing in legal language extrajudicials opinions. Students are required to deal with one another and to choose the most appropriate strategies to protect their client, employer or employee.
Lawyers from different legal studies (italian and international) are invited to the lessons, to transfer to students their know how in writing and to discuss professional opportunities after degree.
Teaching attendance is compulsory, as participation and interaction during classroom exercises are co-essential to achieve the expected results.
In the first phase of the course, moving from a case study chosen by the teacher, practical classes give the students all the instruments for planning and writing in legal language extrajudicials opinions. Students are required to deal with one another and to choose the most appropriate strategies to protect their client, employer or employee.
Lawyers from different legal studies (italian and international) are invited to the lessons, to transfer to students their know how in writing and to discuss professional opportunities after degree.
Teaching attendance is compulsory, as participation and interaction during classroom exercises are co-essential to achieve the expected results.
Teaching Resources
As this is a practical course, there are no adopted textbooks.
The material relating to the individual types of acts subject to exercise, as well as the practical cases treated, is provided by the teacher during the lesson or through the Ariel platform. The most significant jurisprudence on the cases examined is also made available through Ariel after the correction of the assigned documents.
The material relating to the individual types of acts subject to exercise, as well as the practical cases treated, is provided by the teacher during the lesson or through the Ariel platform. The most significant jurisprudence on the cases examined is also made available through Ariel after the correction of the assigned documents.
II modulo
Course syllabus
The second module is focused on the theorical framework and on the techniques for writing the main deeds of the Italian labour trial.
The formal requirements of each judicial deed are illustrated in detail: particular attention is given to reasons of invalidity to avoid, according to the civil procedure code and to case law.
The formal requirements of each judicial deed are illustrated in detail: particular attention is given to reasons of invalidity to avoid, according to the civil procedure code and to case law.
Teaching methods
The procedural module intersects with the two substantive modules: in this way, the practical lessons, in particular the ones about the main deeds of labour trial, are preceded by a theorical discussion of the subjects of exercises.
The drafting technique is refined starting from the analysis of the normative data and continuing with the examination of the case law of reference. Reasoned models of the various acts are also provided, other than simple forms.
Teaching attendance is compulsory, as participation and interaction during classroom exercises are co-essential to achieve the expected results.
The drafting technique is refined starting from the analysis of the normative data and continuing with the examination of the case law of reference. Reasoned models of the various acts are also provided, other than simple forms.
Teaching attendance is compulsory, as participation and interaction during classroom exercises are co-essential to achieve the expected results.
Teaching Resources
As this is a practical course, there are no adopted textbooks.
The material relating to the individual types of acts subject to exercise, as well as the practical cases treated, is provided by the teacher during the lesson or through the Ariel platform. The most significant jurisprudence on the cases examined is also made available through Ariel after the correction of the assigned documents.
The material relating to the individual types of acts subject to exercise, as well as the practical cases treated, is provided by the teacher during the lesson or through the Ariel platform. The most significant jurisprudence on the cases examined is also made available through Ariel after the correction of the assigned documents.
III modulo
Course syllabus
In the last part of the course, which is not strictly divided into watertight compartments, students learn how to face up to the cases suggested, in the perspective of the arrangement of the main deeds of labour trial.
Teaching methods
The course aims to make the students able to draw the main judicial and extrajudicial deeds of the labour disputes. For each deed subject of exercises, a theoretical 4 hours lessons precedes the following 8 hours of practical exercise.
In this phase of the course, moving from a case study chosen by the teacher, practical classes give the students all the instruments for planning and writing in legal language judicials deeds of labour trial. Students are required to deal with one another and to choose the most appropriate strategies to protect their client, employer or employee.
Lawyers from different legal studies (italian and international) are invited to the practical lessons, to transfer to students their know how in writing and to discuss professional opportunities after degree.
Teaching attendance is compulsory, as participation and interaction during classroom exercises are co-essential to achieve the expected results.
In this phase of the course, moving from a case study chosen by the teacher, practical classes give the students all the instruments for planning and writing in legal language judicials deeds of labour trial. Students are required to deal with one another and to choose the most appropriate strategies to protect their client, employer or employee.
Lawyers from different legal studies (italian and international) are invited to the practical lessons, to transfer to students their know how in writing and to discuss professional opportunities after degree.
Teaching attendance is compulsory, as participation and interaction during classroom exercises are co-essential to achieve the expected results.
Teaching Resources
As this is a practical course, there are no adopted textbooks.
The material relating to the individual types of acts subject to exercise, as well as the practical cases treated, is provided by the teacher during the lesson or through the Ariel platform. The most significant jurisprudence on the cases examined is also made available through Ariel after the correction of the assigned documents.
The material relating to the individual types of acts subject to exercise, as well as the practical cases treated, is provided by the teacher during the lesson or through the Ariel platform. The most significant jurisprudence on the cases examined is also made available through Ariel after the correction of the assigned documents.
I modulo
IUS/07 - LABOUR LAW
IUS/15 - CIVIL PROCEDURAL LAW
IUS/15 - CIVIL PROCEDURAL LAW
Lessons: 14 hours
Professor:
Simoncini Gina Rosamari'
Shifts:
Turno
Professor:
Simoncini Gina Rosamari'
II modulo
IUS/07 - LABOUR LAW
IUS/15 - CIVIL PROCEDURAL LAW
IUS/15 - CIVIL PROCEDURAL LAW
Lessons: 14 hours
Professor:
Garavaglia Mattia
Shifts:
Turno
Professor:
Garavaglia Mattia
III modulo
IUS/07 - LABOUR LAW
IUS/15 - CIVIL PROCEDURAL LAW
IUS/15 - CIVIL PROCEDURAL LAW
Lessons: 14 hours
Professor:
Degoli Maria Cristina
Shifts:
Turno
Professor:
Degoli Maria Cristina