MVD016K Legal Argumentation as Applied to the Case Analysis

Faculty of Law
Autumn 2012
Extent and Intensity
0/2. 3 credit(s). Type of Completion: k (colloquium).
Teacher(s)
Mgr. Lucie Atkinsová, LL.M. (lecturer)
Ing. Mgr. Jaroslav Benák, Ph.D. (assistant)
Mgr. Slavomír Halla, Ph.D. (assistant)
Guaranteed by
Mgr. Lucie Atkinsová, LL.M.
Institute of Legal Skills and Innovation of Studies – Faculty of Law
Contact Person: Bc. Martin Pěnčík
Supplier department: Institute of Legal Skills and Innovation of Studies – Faculty of Law
Timetable of Seminar Groups
MVD016K/01: Thu 27. 9. 15:05–16:35 124, 16:40–18:10 124, Thu 11. 10. 15:05–16:35 124, 16:40–18:10 124, 18:15–19:45 124, Thu 8. 11. 15:05–16:35 124, 16:40–18:10 124, Thu 22. 11. 15:05–16:35 124, 16:40–18:10 124, Thu 6. 12. 15:05–16:35 124, 16:40–18:10 124, 18:15–19:45 124, L. Atkinsová
Prerequisites (in Czech)
MP410Zk Civil Law III || CM410Zk Civil Law III
Course Enrolment Limitations
The course is only offered to the students of the study fields the course is directly associated with.

The capacity limit for the course is 25 student(s).
Current registration and enrolment status: enrolled: 0/25, only registered: 0/25
fields of study / plans the course is directly associated with
  • Law (programme PrF, M-PPV)
Course objectives
The overall goal of the course is to create or further develop skills that the students need in order to understand and manage a case. With a particular case study students learn the steps and techniques of approaching the case as they first meeet it, i.e. in its raw, undeveloped form. They must master to spot and formulate legal issues contained in the case. However, they must also be able to correctly determine the interests of the parties as well as to anticipate how these insterests may influence the overall strategy for the case solution. Last but not least, the students are challenged to present to a party they represent a suggested case solution and explain to such party this solution option. Within the course the students shall be exposed to and at least partially practice these skills:
To find and familiarize themselves with extensive materials about the case and to select from these materials legally relevant information; to evaluate the credibility of the evidence presented to them by a party; to spot the discrepancies in the evidence and to choose a method how to remedy or handle such discrepancies; to recognize the difference between facts and legal opinions.
To identify the parties´interests and the influence of such interest on parties´ attitude and overall positioning; to incorporate these interests when preparing the stategy or rather when developing a case solution and when explaining the case solution to a represented party (including the pros and cons of different strategic options).
To present to the entire group the recommended case solution in order to obtain feedback from the professional colleagues.
Syllabus
  • In the very focal point of the course is the case study. Although the main goal is to manage the case, the course will introduce the students to some overreaching, more general topics listed bellow. Due to the fact that this is a skill-based rather than knowledge-based course, these general topics are not explored on their wide theoretical level, but merely touched upon in their applied level. That is, they are used to the extent necessary for understanding and managing our particular case.
  • (1) Background terminology; the simple overview of the interpretation methods most used; the importance of legal argumentation (discussion about various theories of law - from positivist to natural law theories).
  • (2) Specific features of cases which contain constitutional or human rights issues; introducing students to approaches for working with cases concerning basic (human) rights and legal principles.
  • (3) Principles of a specific branch of law and the impact of these principles on legislation relevant to our case study.
  • (4) Role of procedural parties (as well as legal counsel´s role) in court's task of fact finding and legal analysis; shifts in these roles as they reflect historical shifts (joining the European Union, separation of administrative courts' agenda), judicial law-creation (activism?).
  • (5) Relationship of an individual to state or to a society (content and extent of the term public interest); discretionary decision-making by state bodies and the proper limits for the margin of discretion; limiting abuse of discretion by the state bodies.
  • (6) Role of legal counsel in goal-setting and the selection of solutions from the point of view of respecting and following client's choice (client-centered representation).
Literature
    recommended literature
  • MELZER, Filip. Metodologie nalézání práva : úvod do právní argumentace. Vyd. 1. Praha: C.H. Beck, 2010, xviii, 276. ISBN 9788074001499. info
  • SOBEK, Tomáš. Argumenty teorie práva. Plzeň: Vydavatelství a nakladatelství Aleš Čeněk, 2008, 330 s. ISBN 9788073801342. info
  • HANUŠ, Libor. Právní argumentace nebo svévole. Úvahy o právu, spravedlnosti a etice. (Legal Argumentation or Arbitrariness). 1st ed. Praha: C.H.Beck, 2008, 222 pp. Beckova edice Právní instituty. ISBN 978-80-7400-035-5. info
  • Judikatura a právní argumentace : teoretické a praktické aspekty práce s judikaturou. Edited by Zdeněk Kühn - Michal Bobek - Radim Polčák. Vyd. 1. Praha: Auditorium, 2006, xxii, 234. ISBN 8090378609. info
  • KÜHN, Zdeněk. Aplikace práva ve složitých případech : k úloze právních principů v judikatuře. Vyd. 1. Praha: Karolinum, 2002, 419 s. ISBN 8024604833. info
Teaching methods
Interaction between the general topics) and case study is secured by task-lists addressing both of these parts and via the class discussion within the lessons, where this interconnection (of general and practical) is emphasized as the discussion fluidly moves from a general (knowledge) level into the practical (application) level of a case study.
In order to understand and manage the case the students are asked to graduallz perform these tasks:
(1) to study individually the case study and to preare for each lesson according to lesson assignment;
(2) to prepare in small group (ideally 3 but no more than 5 students) a certain part of the case as previously assigned to this small group;
(3) to prepare and draft in a small group a final written paper consisting of a case solution recommendation to a represented party.
Assessment methods
50% written proposal for the solution of the case prepared in small groups
25% presentation of a certain part of the case according to the instructions of a lecturer by each small group for one of the lessons (the dates of presentations will be agreed with the students upon the division of students into small group and based on the number of existing small groups)
25% individual level of participation in lessons
Language of instruction
Czech
Further comments (probably available only in Czech)
Study Materials
The course is also listed under the following terms Autumn 2011, Autumn 2013, Autumn 2014, Autumn 2015.
  • Enrolment Statistics (Autumn 2012, recent)
  • Permalink: https://is.muni.cz/course/law/autumn2012/MVD016K