Appeal Procedure and Arbitration

Course Code: 
LAW 332
Course Period: 
Spring
Course Type: 
Core
P: 
3
Lab: 
0
Credits: 
3
ECTS: 
3
Course Language: 
Türkçe
Course Objectives: 
The course aims to teach appeal procedure can be applied as a result of first instance court judgments in the disputes relating to civil laf and alternative dispute resolution mechanisms such as arbitration, mediation
Course Content: 

Within the scope of this course, relevant provisions of new Code of Civil Procedure regarding waiving from legal action, accepting the case and compromise; relevant provisions of new Code of Civil Procedure concerning appeal. Furthermore, our legislation about arbitration and mediation is analysed.

Course Methodology: 
1: Lecture, 2: Question-Answer, 3: Discussion, 4: Case study / practical course
Course Evaluation Methods: 
A: Testing, B: Presentation C: Homework

Vertical Tabs

Course Learning Outcomes

Learning Outcomes Program Learning Outcomes Teaching Methods Assessment Methods
The student who has successfully completed this course would improve his/her ability of defining and resolving legal problems, his/her analytic and critical ability of thinking in the fields of:

 

Qualification of the judgments of the first instance courts

1,2,3 1,2 A
Ending of a case by waiving from legal action, accepting the case and compromise 2,3 1,2,3 A
Appeal procedures can be applied against these judgments, manner of application of such appeal procedures and their application periods 4,5,6,8,9,10 1,2,4 A
Appeal provisions 13,14 1,2 A
How to apply arbitration and mediation, part of alternative dispute resolution mechanisms 8,9,10 1,2,3 A

 

 

Course Flow

Week Topics Study Materials
1 Trial, terms of judgment and final judgment  
2 Effects of judgment: final judgment, enforceability, creative effect, element effect, effects of final judgment in terms of cause of action and final evidence  
3 Ending the case without judgment (waiving from legal action, accepting the case and compromising and cancelling case file)  
4 Purpose of appeal procedure, introduction to provisions of Code of Civil Procedure regarding appeal procedure  
5 Reasons to apply appeal, appeal period, conditions for appeal, judgments can be subjected to appeal  
6 Results of appeal, decision of insistence, decision of compliance  
7 MID-TERM EXAMINATION  
8 Provision of Code of Civil Procedure about resorting to an upper court against decision of a trial court, reasosns to apply and periods  
9 Reasons to apply istinaf, introduction to appeal to court of cassation  
10 Reasons to apply appeal, appeal periods, judgments that can be subjected to appeal  
11 Provisions of Code of Civil Procedure regarding appeal procedure, its comparison with former provisions  
12 Revision of judgment  
13 Arbitration procedure  
14 Action for nullity which can be brought as a result of arbitral awards, provisions regarding mediation and its results  

 

Recommended Sources

Textbook  
Additional Resources  

 

 

Material Sharing

Documents  
Assignments  
Exams  

 

 

Assessment

IN-TERM STUDIES NUMBER PERCENTAGE
Mid-terms 1 100
Total   100
CONTRIBUTION OF FINAL EXAMINATION TO OVERALL GRADE   60
CONTRIBUTION OF IN-TERM STUDIES TO OVERALL GRADE   40
Total   100

 

 

COURSE CATEGORY Expertise/Field Courses

 

 

Course’s Contribution to Program

No Program Learning Outcomes Contribution
1 2 3 4 5
1 Ability to comprehend, solve, and to attain analytical and critical thought processes         x
2 Within the ambit of lifelong learning, to direct continuous renewal and cultivation of knowledge attained in the field of law         x
3 To master legal resources and legal precedents; to be able to conduct comparative legal analyses in national and international legal arenas       x  
4 To improve settlement options; to implement creative and innovative solutions       x  
5 To be equippet with comprehensive and comparative knowledge gained through the study of law, enabling the transfer of this knowledge into the social and economic fields. To attain analytical thinking between cross disciplines     x    
6 To attain the ability to comprehend and solve legal problems pertaining to global economy   x      
7 To obtain knowledge of current legal subjects, through the aid of the English language x        
8 To be able to utilize proficiency at an intermediate level foreign language x        
9 To attain professional and scientific ethical tenants in the field of law, as well as in society at large         x
10 To attain the ability to write, speak and listen effectively, in the field of law         x
11 To be open-minded, to be tolerant of different ideas, to be constructive, to have self-confidence, and to be responsible both during individual studies and/or during team studies. To work effectively and efficiently         x

 

 

ECTS

Activities Quantity Duration
(Hour)
Total
Workload
(Hour)
Course Duration (Including the exam week: 16x Total course hours) 14 3 42
Hours for off-the-classroom study (Pre-study, practice) 14 2 28
Mid-terms 1 1 1
Final examination 1 2 2
Total Work Load     73
Total Work Load / 25 (h)     2,92
ECTS Credit of the Course     3