Judicial proceedings of general character WK-S-POS

Course contents:

INTRODUCTION:
1. General comments on the canon law.
2. Positive and negative nature of the process.
3. Judicial protection of rights in the Church.

I. SUBJECT OF A LAWSUIT AND SCOPE OF THE JUDICIAL POWER IN THE CHURCH:
1. The concept of the ecclesiastical court proceedings.
2. Elements of judicial proceedings.
3. The types of lawsuits.
4. The binding force of the canonical process standards.
5. Scope of the Church judiciary.
6. Sources of canon law.

II. ECCLESIASTICAL JUDICIAL STRUCTURE:
1. Introductory concepts (tribunal, department, grade).
2. The hierarchy of ecclesiastical courts (Tribunals of first instance and Tribunals of second instance, Tribunals of third and further instances, the Supreme Court).
3. Over-arching role of the pope.
4. Mutual relations between the courts.

III. ECCLESIASTICAL COURTS' POWERS:
1. The concept of the competent court.
2. Basic principles of jurisdiction.
3. Judicial integrity of the Pope.
4. Jurisdiction of privileged courts .
5. The titles of the properties of common courts (first instance).
6. Resolving conflicts of jurisdiction.

IV. ORGANIZATION OF ECCLESIASTICAL COURTS:
1. The Court of First Instance.
2. The Court of second instance.
3. Tribunals of the Apostolic See.

V. RULES OF FUNCTIONING OF COURTS:
1. Duties of judges and judicial officers.
2. Agenda of the hearing the cases.
3. Terms and suspensions.
4. Place of court.
5. Allowing people to the hearing.
6. Preparation and storage of files.

VI. LITIGANT PARTIES:
1. The plaintiff and the defendant.
2. Attorneys and lawyers.

VII. JUDICAL PROTECTION MEASURES: 1. Complaints. 2. Allegations. 3. Sequestration.

Assessment methods:

Active participation in classes and positive knowledge demonstrated in the oral exam during examination session.