LITIGATION I

PROFESSOR: MARCO DE BENITO

ACADEMIC YEAR: 2014-2015
nd
DEGREE COURSE YEAR: 2 LLB
nd
2 SEMESTER
CATEGORY: COMPULSORY
NO. OF CREDITS (ECTS): 6
LANGUAGE: English

1. SUBJECT DESCRIPTION

Litigation I deals with the general aspects of civil procedure, one of the core subjects of any law
degree.

The course takes a decidedly transnational approach. There are different procedural traditions
and ultimately each country has its own set of procedural rules; however, in most countries the
scholars and, to a certain extent, the practitioners speak a similar language and use
comparable categories.

The course uses the notions and terms coined in the different procedural traditions Romano-
canonical, French, Austro-German, Anglo-American, with a particular focus on the Austro-
German tradition, still today the most influential in Europe. Comparative references to specific
jurisdictions (in particular, Germany, Spain, and the USA) will supplement this transnational
approach.

2. OBJECTIVES AND SKILLS

This course aims at helping the students develop the skills required to understand and
effectively use the main notions and categories which make up the general part of civil
procedure: how are civil courts organized; what are the general principles underlying all civil
process; what types of relief can be sought; what the typical structure is of an ordinary civil
procedure.

Likewise, the students will acquire the skills necessary to critically analyze, synthesize, present,
and reason on contents related to civil procedure.

Edited by IE Publishing Department.

Last revised, August 2011.

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3. CONTENT

PART I JURISDICTION

1. Judicial organization and structure.

2. Judicial organization and structure.
3. Judicial organization and structure: presentations.
4. Judicial organization and structure: presentations.
5. Jurisdiction: international and domestic.
6. Jurisdiction: international and domestic.
7. Case study.
8. Case study.

PART II PROCEDURE

9. Ordinary proceedings in first instance.

10. The constitutionalization and internationalization of civil procedure.
11. Types of relief available.
12. Fundamental principles of civil procedure.
13. Historical perspective of written and oral procedures. Increased judicial control.
14. Plenary and evidentiary proceedings.
15. The decline of formalism in the rules of evidence.
16. The impact of political ideology: debate.
17. Interim relief.
18. Judgment and other case dispositions. Enforcement.
19. Appellate justice: ordinary and extraordinary appeals.
20. Appellate justice: comparative last resort appeals: presentations.
21. Mock hearing.
22. Mock hearing.
23. Doubts.
24. Exam.

PART III COMPARISON

25. Videoconference: US civil litigation.

26. Online forum.
27. Online forum.
28. Videoconference: US civil litigation.
29. Online forum.
30. Online forum.

4. METHODOLOGY

Litigation I is designed to provide a strong intellectual framework to help the students

understand the basics of continental civil procedure, together with comparative references.

Learning is based on three main methods:

1. Lectures, in which the students are provided with the overall view of a specific aspect of
civil procedure. The students need to prepare each session with assigned readings, to be
defined in due time.
2. Independent work, mainly with a comparative approach. Students interested in a particular
aspect have the opportunity to carry on their research with the professors guidance.
3. Case studies, in which cases will be individually presented and discussed.
4. Mock hearings, in which the students play the role of lawyers, witnesses, and judges.

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5. ECTS WEIGHTING

6 ECTS = approximately 150 hours of dedication for an average student

Type of work Hours devoted ECTS

Lectures and
16 sessions of 1.5 hours each, plus preparation =
videoconferences 2
50 hours
(preparation and attendance)

Case study, presentations,

9 sessions of 1.5 hours each, plus preparation = 50
hearings 2
hours
(preparation and attendance)

Exam
1 session of 1.5 hours, plus preparation = 25 hours 1
(preparation and attendance)

Online fora
2 weekly fora, plus preparation = 25 hours 1
(participation and attendance)

Total 6
150 hours

6. EVALUATION SYSTEM

a) General remarks

Each student has four attempts over two consecutive academic years to pass this course.

Class attendance is compulsory. Absence from more than 30% of the classes results in a grade
of 0.0.

In addition, students not fulfilling the attendance requirement automatically lose the first retake
attempt to pass the course, and have only two attempts left to pass the course during the
following academic year.

b) Evaluation and weighting criteria

The grade is generally determined based on the following criteria:

1. Participation, presentations, hearings, debates, online fora: 40%

2. Written case study: 20%
3. Exam: 40%

A grade of less than 4.0 in the exam suffices to fail the whole course.

c) Retake policy

If a students course grade is below 5.0, the student must retake the exam to pass the course.

The retake exam includes everything that students have learned in class, including lectures,
case discussions, and group exercises. If the student has participated in the process of
continuous evaluation, the grade achieved during the period of continuous evaluation is taken
into account. The maximum final score is 8.0.

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 rd th
Students in their 3 or 4 call must contact the professor during the first month of the course.

7. USE OF ELECTRONIC DEVICES IN CLASS

This subject does not require the use of a laptop in class, but students are allowed to use it for
matters related to the course.

8. BIBLIOGRAPHY

a) Compulsory

CAPPELLETTI, M., GARTH, B.G., Introduction Policies, Trends and Ideas in Civil
Procedure, 1988, in CAPPELLETTI, M. (ed.), Vol. XVI: Civil Procedure, in ZWEIGERT, K.,
DROBNIG, K. (eds.), International Encyclopedia of Comparative Law, Mohr Siebeck /
Martinus Nijhoff. (To be provided by the professor.)

MURRAY, P., STRNER, R., German Civil Justice, Carolina Academic Press, 2004. (To be
acquired by the student.)

b) Recommended

BLOMEYER, A., Types of Relief Available (Judicial Remedies), 1983, in CAPPELLETTI, M.

(ed.), Vol. XVI: Civil Procedure, in ZWEIGERT, K., DROBNIG, K. (eds.), International
Encyclopedia of Comparative Law, Mohr Siebeck / Martinus Nijhoff.

CAPPELLETTI, M. (ed.), The Judicial Process in Comparative Perspective, Oxford

University Press, 1989.

CHASE, O. G., HERSHKOFF, H. (eds.), Civil Litigation in Comparative Context, Thomson /

West, 2007.

CLARK, D.S., The Organization of Lawyers and Judges, 2002, in CAPPELLETTI, M. (ed.),
Vol. XVI: Civil Procedure, in ZWEIGERT, K., DROBNIG, K. (eds.), International
Encyclopedia of Comparative Law, Mohr Siebeck / Martinus Nijhoff.

KAPLAN, B., et al., Ordinary Proceedings in First Instance, 1984, in CAPPELLETTI, M.

(ed.), Vol. XVI: Civil Procedure, in ZWEIGERT, K., DROBNIG, K. (eds.), International
Encyclopedia of Comparative Law, Mohr Siebeck / Martinus Nijhoff.

DAMASKA, M. R., The Faces of Justice and State Authority: a Comparative Approach to
the Legal Process, Yale University Press, 1986.

DE LA OLIVA, A. (dir.), European Civil Procedure, Aranzadi / Sweet & Maxwell, 2011.

JOLOWICZ, J. A., On Civil Procedure, Cambridge University Press, 2000.

VAN RHEE, C. H., KRAMER, X. E., Civil Litigation in a Globalising World, T. M. C. Asser
Press, 2012.

VAN RHEE, C.H. (ed.), European Traditions in Civil Procedure, Intersentia, 2005.

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9. PROFESSORS BIO

MARCO DE BENITO

Dr. Marco de Benito Llopis-Llombart is a full professor at IE University. His areas of interest include legal
history, comparative civil procedure, and international arbitration.

Prof. de Benito holds a doctorate in law from Comillas Pontifical University in Madrid. He has taught or
done research at Yale Law School, the Max Planck Institute for Comparative and International Private Law
in Hamburg, the University of Bonn Institute of German and International Civil Procedure Law and Conflict
Management, the Royal College of Spain at Bologna, the Scuola Superiore SantAnna in Pisa,
Panamerican University in Mexico, Francisco Marroqun University in Guatemala, and Peking University.

Prof. de Benito heads the IE University European Module Towards a Common Private Law of Europe
within the Jean Monnet Program of the European Commission.

He practiced as an attorney at Ura Menndez from 2002 to 2011. Today he is Of Counsel at Moscard &
Asociados. He has acted in arbitration proceedings in the energy, infrastructure, and financial sectors,
seated in Madrid, Barcelona, Paris, Geneva, London, Miami, and Washington DC.

He has co-authored a handbook on European Legal History (2013), coordinated a collective book on
international arbitration in Europe (2013) and authored a book on the binding efficacy of arbitration
agreements (2010). He publishes and speaks regularly on his fields of interest. You can visit some of his
publications at ie.academia.edu/MarcodeBenito.

Prof. de Benito can be reached at marco.debenito@ie.edu.