Roman Law and Civil Law Tradition - Training and Moot Court Competition (2020/2021)

Course code
4S009649
Name of lecturer
Tommaso Dalla Massara
Coordinator
Tommaso Dalla Massara
Number of ECTS credits allocated
4
Academic sector
NN - -
Language of instruction
Italian
Period
not yet allocated

Learning outcomes

The course is intended to prepare all interested students - especially first year students – enrolled in the Master’s Degree of Giurisprudenza, in view of the ‘Moot Court Competition’ in Roman Law and Civil Law Tradition’ (4 CFU). The course aims at a dual objective. First of all, it intends to offer a teaching that can stimulate – from the very first year – the case-based reasoning method, and can develop substantial oratory skills: its operational framework will fundamentally be the agere per formulas of classical Roman Law; yet, an approach that also will take into account current legal professions is not excluded. Secondly, it aims at selecting the members of the team of the University of Verona among the most talented students. The Verona team will compete with the others from the Universities of Brescia, Trento and Milan ‘Statale’ (i.e. the parties to the so-called ‘Garda agreement’). The competition will take place in presence – if allowed by the emergency regulation in force, due to the pandemic situation – in June 2021 at Palazzo Feltrinelli in Gargnano (BS). Thus, the selected members of the team will be provided with in-depth training to strengthen the skills already acquired, to fill the gaps in their theoretical knowledge. Teamwork will be organised in the best possible way.

Syllabus

The programme is primarily designed to promote the case-based reasoning method through participation in a legal moot. The students are divided into teams, they are called to analyse cases taken from the Justinian’s Digest on topics already introduced during the Roman Law Institutions classes. Then they shall be called to present their arguments as claimants or defendants. The programme also places a strong emphasis on developing analytical ability, with particular focus on oral skills: the students will come into frequent contact with qualified professors and tutors to master the critical analysis of the legal issues involved in the case. Although the course is intended to simulate a trial per formulas, frontal lectures may be given to deepen some notions, furthermore illustrating the main oratory and argumentative techniques. Thus, in view of the Moot Court Competition, the teaching aims at providing the selected team members with in-depth training to strengthen the skills already acquired, to fill the gaps in their theoretical knowledge, and to improve teamwork. Such mooting is intended to encourage students to develop legal skills through a variety of innovative learning methods.

Reference books
Author Title Publisher Year ISBN Note
A. Lovato, S. Puliatti, L. Solidoro Maruotti Diritto privato romano - seconda edizione Giappichelli, Torino 2017
M. Marrone Istituzioni di diritto romano Palumbo, Palermo 2006
A. Burdese Manuale di diritto privato romano (Edizione 4) Utet, Torino 1993

Assessment methods and criteria

Oral discussion of the cases proposed during the trial simulation.