Information Package / Course Catalogue
| Law | |||||
| Bachelor | Length of the Programme: 4 | Number of Credits: 240 | TR-NQF-HE: Level 6 | QF-EHEA: First Cycle | EQF: Level 6 |
Ders Genel Tanıtım Bilgileri
| School/Faculty/Institute | Faculty of Law | |||||
| Course Code | HUK 311 | |||||
| Course Title in English | Law of Civil Procedure I | |||||
| Course Title in Turkish | Medeni Usul Hukuku I | |||||
| Language of Instruction | TR | |||||
| Type of Course | Lecture | |||||
| Level of Course | Seçiniz | |||||
| Semester | Fall | |||||
| Contact Hours per Week |
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| Estimated Student Workload | 101 hours per semester | |||||
| Number of Credits | 4 ECTS | |||||
| Grading Mode | Standard Letter Grade | |||||
| Pre-requisites | None | |||||
| Expected Prior Knowledge | Civil Law, Law of Obligations | |||||
| Co-requisites | None | |||||
| Registration Restrictions | Only Undergraduate Students | |||||
| Overall Educational Objective | Enabling the students to gain basic knowledge and the rules of civil procedure at the first instance courts. | |||||
| Course Description | The course will provide the basic knowledge of the first instance courts, the parties of the conflict and competency of the parties in a lawsuit, general principles of civil procedure law and the petitions to be submitted to the courts. | |||||
| Course Description in Turkish | İlk derece mahkemeleri, taraflar ve ehliyetler, medeni yargılama hukukuna hâkim olan ilkeler ve dava dilekçesi hakkında bilgi sahibi olunması. |
Course Learning Outcomes and CompetencesUpon successful completion of the course, the learner is expected to be able to:1) Understand the place of civil procedure in the law, the application of civil procedure in time and place, the sources of civil procedure and the interpretation of the rules of civil procedure. 2) Understand the organisation of the courts and be able to apply the rules of duty and jurisdiction of the courts of first instance to specific cases. 3) Interprets and discusses the concepts of party, capacity to sue and be sued, authority to sue and be sued, status of parties, change of parties, representation of parties, litigation friendship. 4) Understands and interprets the principles of civil procedural law. 5) Understands the general information on litigation within the framework of freedom to seek rights, request for legal protection, concept of litigation, conditions of litigation, types of litigation. 6) Knows the mandatory elements and other elements of the petition and prepares a petition. |
| Program Learning Outcomes/Course Learning Outcomes | 1 | 2 | 3 | 4 | 5 | 6 |
|---|---|---|---|---|---|---|
| 1) The ability to recognize and apply basic principles and theories of law, legal methodology, and interpretation methods. | ||||||
| 2) The ability to follow, evaluate, interpret and apply the current developments and legislative amendments. | ||||||
| 3) The ability to locate and use legal resources; to follow and evaluate current legislative amendments, legal science, and court decisions. | ||||||
| 4) The ability to internalize social, scientific and ethical values while evaluating legal information. | ||||||
| 5) The ability to recognize, examine and resolve legal issues with respect to general principles of law, de lege feranda and de lege lata; to take into consideration both national and international aspects of law; and to acknowledge the importance of personal conviction while making decisions. | ||||||
| 6) The ability to critically analyze legal disputes, legislation, court decisions and different views in the legal science; to form his/her own opinions; to detect legal lacuna and suggest alternative solutions. | ||||||
| 7) The ability to understand issues regarding different fields of law; to characterize and propose solutions to complex issues arising from legal practice. | ||||||
| 8) The ability to participate in and organize legal projects and activities as a socially responsible individual; to put his/her legal knowledge and skill to use efficiently (in the public or private sector). | ||||||
| 9) The ability to use a foreign language at least on a B2 Level on the European Language Portfolio, to follow legal developments and communicate with colleagues in that language; to use computer software and information and communication technologies necessary in the law field at an Advanced Level of the European Computer Driving License. | ||||||
| 10) Adoption of a positive approach to the concept of lifelong learning. | ||||||
| 11) The ability to understand the development, evolution, and problems of the society and to contribute to the solution of these problems by legal methods. | ||||||
| 12) The ability to understand the structure, organization, and functioning of law on the national and international level; to contribute to the development thereof. |
Relation to Program Outcomes and Competences
| N None | S Supportive | H Highly Related |
| Program Outcomes and Competences | Level | Assessed by | |
| 1) | The ability to recognize and apply basic principles and theories of law, legal methodology, and interpretation methods. | N | |
| 2) | The ability to follow, evaluate, interpret and apply the current developments and legislative amendments. | H | Exam |
| 3) | The ability to locate and use legal resources; to follow and evaluate current legislative amendments, legal science, and court decisions. | H | Exam |
| 4) | The ability to internalize social, scientific and ethical values while evaluating legal information. | N | |
| 5) | The ability to recognize, examine and resolve legal issues with respect to general principles of law, de lege feranda and de lege lata; to take into consideration both national and international aspects of law; and to acknowledge the importance of personal conviction while making decisions. | H | Exam |
| 6) | The ability to critically analyze legal disputes, legislation, court decisions and different views in the legal science; to form his/her own opinions; to detect legal lacuna and suggest alternative solutions. | H | Exam |
| 7) | The ability to understand issues regarding different fields of law; to characterize and propose solutions to complex issues arising from legal practice. | N | |
| 8) | The ability to participate in and organize legal projects and activities as a socially responsible individual; to put his/her legal knowledge and skill to use efficiently (in the public or private sector). | S | Exam |
| 9) | The ability to use a foreign language at least on a B2 Level on the European Language Portfolio, to follow legal developments and communicate with colleagues in that language; to use computer software and information and communication technologies necessary in the law field at an Advanced Level of the European Computer Driving License. | N | |
| 10) | Adoption of a positive approach to the concept of lifelong learning. | N | |
| 11) | The ability to understand the development, evolution, and problems of the society and to contribute to the solution of these problems by legal methods. | N | |
| 12) | The ability to understand the structure, organization, and functioning of law on the national and international level; to contribute to the development thereof. | N |
| Prepared by and Date | ÇİĞDEM YAZICI , January 2024 |
| Course Coordinator | ÇİĞDEM YAZICI |
| Semester | Fall |
| Name of Instructor | Assoc. Prof. Dr. ÇİĞDEM YAZICI |
Course Contents
| Week | Subject |
| 1) | GENERAL INFORMATION ON THE LAW OF CIVIL PROCEDURE (Place of Civil Procedural Law among the Branches of Law; Application of Civil Procedural Law by Place and Time; Sources of Civil Procedural Law; Interpretation of Civil Procedural Law Rules) |
| 2) | COURTS (Courts of First Instance; Regional Courts of Appeal; Court of Cassation) JURISDICTION |
| 3) | JURISDICTION BY PLACE - DIVISION OF LABOUR |
| 4) | -JUDICIAL OFFICERS (judges; public prosecutors; court officials; lawyers; notaries) |
| 5) | -PROCEEDINGS (party proceedings; court proceedings) |
| 6) | - TIME LIMITATIONS IN CIVIL PROCEEDINGS |
| 7) | -RESTITUTIO IN INTEGRUM - NOTICE |
| 8) | -PARTIES (Concept of Parties; Party Capacity; Litigation Capacity; Authority to Prosecute; Party Status; Change of Parties; Representation of Parties; Friendship of Litigation) |
| 9) | -INTERVENTION IN PROCEEDINGS (appearing as intervener; notice of proceedings; filing another case to the parties of n ongoing case) |
| 10) | -PRINCIPLES OF CIVIL PROCEDURE |
| 11) | -GENERAL INFORMATION RELATING TO A CASE (Freedom of right, request for legal protection and concept of the case; Conditions of the case; Types of cases) |
| 12) | -FILING A CLAIM (right of action; petition; submission of the petition to the court; time for filing the case) |
| 13) | -CONSEQUENCES OF THE CASE (substantive law; procedural law) - SECURITY OF THE CASE |
| 14) | -REPLY TO THE PLAINT (right of defence; form of defence; grounds of defence; reply application; submission of the reply application to the Court; time limit for reply; consequences of submitting a reply application); reply and second reply applications, prohibition of amendment and extension of the plea and defence, |
| Required/Recommended Readings | Hakan Pekcanıtez/Oğuz Atalay/Muhammet Özekes, Medeni Usûl Hukuku, Ders Kitabı, On İki Levha Yayınları (last edition) - mandatory Hakan Pekcanıtez/Hülya Taş Korkmaz/Nedim Meriç, Hukuk Muhakemeleri Kanunu, On İki Levha Yayınları (last edition). optional, one may also use the text of the Code of Civil Procedure compiled by other authors. Hakan Pekcanıtez/Muhammet Özekes/Mine Akkan, Medeni Usûl Hukuku Pratik Çalışmaları, On İki Levha Yayınları (last edition). optional | ||||||||||||
| Teaching Methods | After the theoretical lecture, practical studies on the subject of decision reviews and case solutions. | ||||||||||||
| Homework and Projects | |||||||||||||
| Laboratory Work | |||||||||||||
| Computer Use | |||||||||||||
| Other Activities | |||||||||||||
| Assessment Methods |
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| Course Administration |
yazicic@mef.edu.tr |
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ECTS Student Workload Estimation
| Activity | No/Weeks | Hours | Calculation | ||||
| No/Weeks per Semester | Preparing for the Activity | Spent in the Activity Itself | Completing the Activity Requirements | ||||
| Course Hours | 14 | 1 | 2 | 1 | 56 | ||
| Application | 14 | 0 | 1 | 1 | 28 | ||
| Midterm(s) | 1 | 4 | 1 | 5 | |||
| Final Examination | 1 | 10 | 2 | 12 | |||
| Total Workload | 101 | ||||||
| Total Workload/25 | 4.0 | ||||||
| ECTS | 4 | ||||||