| School/Faculty/Institute | Faculty of Law | ||||
| Course Code | HUK 312 | ||||
| Course Title in English | Law of Civil Procedure II | ||||
| Course Title in Turkish | Medeni Usul Hukuku II | ||||
| Language of Instruction | TR | ||||
| Type of Course | Lecture | ||||
| Level of Course | Seçiniz | ||||
| Semester | Spring | ||||
| Contact Hours per Week |
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| Estimated Student Workload | 62 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 | Explanation of all stages of the proceedings in the courts of first instance and information on the finalisation of the judgment, both in substance and in form. | ||||
| Course Description | Within this course, the sessions of civil jurisdiction such as exchange of declarations, preliminary investigation, investigation, oral trial and final judgment will be examined. Also, information about the term of evidence and legal remedies against the final judgment will be provided. | ||||
| Course Description in Turkish | Yargılamanın aşamaları olan dilekçelerin değişimi, ön inceleme, tahkikat, sözlü yargılama ve hüküm aşamaları anlatılarak, hükmün verilmesinden sonra kanun yolların hakkında da bilgi verilmesi. |
Course Learning Outcomes and CompetencesUpon successful completion of the course, the learner is expected to be able to:1) Knows the motions that the parties may submit to the court during the exchange of motions and their content. 2) Understand what needs to be done at the preliminary inquiry stage and the next stage, the investigation stage. 3) Interpret and discuss the rules of evidence, knowing what is conclusive and what is discretionary evidence. 4) Understand the judgement of the court of first instance and the appeals against this judgement. |
| Program Learning Outcomes/Course Learning Outcomes | 1 | 2 | 3 | 4 |
|---|---|---|---|---|
| 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. |
| 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. | N | |
| 3) | The ability to locate and use legal resources; to follow and evaluate current legislative amendments, legal science, and court decisions. | N | |
| 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. | S | 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. | H | Exam |
| 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). | N | |
| 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. | S | Exam |
| 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 | Spring |
| Name of Instructor | Assoc. Prof. Dr. ÇİĞDEM YAZICI |
| Week | Subject |
| 1) | Reply and Second Reply Petitions, Prohibition to Amend and Extend the Claim and Defence |
| 2) | Preliminary examination |
| 3) | Investigation - Interrogation - Hearings |
| 4) | Preliminary question - Amendment - Transfer of the subject-matter of the claim |
| 5) | Evidence (subject matter of evidence; cases in which evidence is not required; burden of proof; burden of proof; burden of production of evidence; burden of proof; burden of substantiation; measure of evidence; types of evidence; affidavit (concept; types of affidavits; obligation to submit affidavits to the court; obligation to prove by affidavit)) |
| 6) | Oath (oath of the parties; oath suggested by the judge) - Expert witness (qualification; cases in which an expert witness may be requested; appointment of an expert witness and expert's report; Expert Witness (Qualification; Cases for Applying for Expert Witness and Expert Report; Appointment of Expert Witness and Expert Report; Rejection of Expert Witness; Expert Examination and Expert Report; Evidentiary Value of Expert Reports; Responsibility of Expert Witness; Special Expert (or Party Expert Concept)) |
| 7) | Witnesses (Duty to testify; Abstention from testifying; Appearance of witnesses; Hearing of witnesses; Evaluating the testimony of witnesses) |
| 8) | -Discovery, Judgment |
| 9) | Actions of the parties - Termination of the case - Simple court procedure - Court costs |
| 10) | Appeals (classification of appeals; waiver of appeals; prohibition of rescission; subject matter of appeals) |
| 11) | Appeals (appealable decisions, notice of appeal, preliminary examination, review, decision) |
| 12) | Appeal (appealable decisions; grounds of appeal; persons entitled to appeal; time limit for appeal; application for appeal; examination of appeal and final decision) |
| 13) | Renewal of Trial (Reasons for Renewal of Trial; Procedure for Renewal of Trial) |
| 14) | Interim measures (injunctions, evidence and other interim measures) |
| 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 | Oral expression, practical studies, evaluation of the decisions of the Court of Cassation. | ||||||||||||
| 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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| 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 | 42 | |||
| Midterm(s) | 1 | 6 | 1 | 7 | |||
| Final Examination | 1 | 12 | 1 | 13 | |||
| Total Workload | 62 | ||||||
| Total Workload/25 | 2.5 | ||||||
| ECTS | 4 | ||||||