522 - Master's in Legal Practice
60738 - Technology Applied to Professional Practice
60738 - Technology Applied to Professional Practice
Faculty / School:
102 - Facultad de Derecho
522 - Master's in Legal Practice
1.1. Aims of the course
The information society entails a profound change in the way in which human work is developed and, within this, professional activities. On the other hand, society as well as economy and legal traffic are immersed in the so-called "digitization", which is nothing more than the widespread use of information and communication technologies (ICT). Therefore, the subject aims to train future lawyers both to be able to develop their legal activity when it refers to events that happened in the so-called virtual universe or that are a consequence of the use of ICTs, as well to use the Internet in the exercise of their professional activity.
1.2. Context and importance of this course in the degree
The characteristics of networks and information systems conditions the legal qualification of the activities carried out in them. The lawyer must have some basic notions that allows him to deal properly with those matters that have to do with these technologies, which are expected to arise more and more frequently. Therefore, this training has full meaning in a degree whose purpose is to train new lawyers.
On the other hand, ICT is a basic element for the development of professional activities, including those of lawyers. The subject will abord aspects such as constitution and evaluation of the proof or communication with judicial bodies. The issues related to the use of ICT in the management of the professional office and the data protection regulations applicable to the professional exercise will not be dealt with, since these are included in the subject Management of dispatch.
1.3. Recommendations to take this course
The subject is novel for law graduates and has an important practical content, so it is highly recommended attendance and active participation in classes. The assistance to practice sessions is compulsory.
CB7 - Students should be able to apply acquired knowledge and problem-solving skills in new or unfamiliar environments within broader (or multidisciplinary) contexts related to their area of study
CB10 - Students have the learning skills that allow them to continue studying in a way that will be largely self-directed or autonomous.
CG4 - Ability to develop skills of innovation and adaptation of acquired knowledge to social and legal change.
CE2 - To know the techniques directed to the investigation and establishment of the facts in the different types of procedure, especially the production of documents, the interrogations and the expert evidences.
CE4 - To know the different techniques of composition of interests and to know how to find solutions to problems through alternative methods to the courts.
CE11 - Know how to develop skills that allow the lawyer to improve the efficiency of their work and enhance the overall functioning of the team or institution in which it works, through access to information sources, knowledge of languages, knowledge management, management techniques and the use of tools.
2.2. Learning goals
1. The student knows basic aspects of information systems and ICT that allow him to better understand the cases related to them.
2. Knows and weighs the fundamental rights that modulate access to information.
3. Handles the electronic documents and the means for their authentication.
4. Communicates with judicial bodies and public administrations through electronic tools.
5. Obtains electronic evidences, ensures it and justifies it properly.
2.3. Importance of learning goals
The rapid evolution of technologies makes it difficult to anticipate the challenges that future lawyers will face in the course of their professional lives. At the beginning of their careers, however, they need to know the fundamentals of those aspects of ICT that have a more relevant impact on interpersonal relationships and legal traffic, as well as the means that the technologies themselves provide for the exercise of the profession. With these bases, the future professional would be able to have a better adaptation and understanding of the changes that will occur because of technological developments.
Computer tools have great potential to assist lawyers in the exercise of their profession, but this cannot be exploited without a basic knowledge about ICT. On the other hand, the day-to-day of courts shows the difficulties of issues related with ICT, either because they are the background theme, or because they are the means of evidence. It is necessary that the new lawyers are familiar with some concepts that are the basis of the regulation of the ICT by the different specialties of the law, as well as with the fundamentals of the electronic evidences, especially the documentary ones.
3. Assessment (1st and 2nd call)
3.1. Assessment tasks (description of tasks, marking system and assessment criteria)
The student must demonstrate that he/she has attained the expected learning outcomes through the following assessment activities, according to what is stated in the degree guide:
If the student opts for the continuous evaluation system, the subject is evaluated by two exercises that will be carried out by the students throughout the teaching period of the subject. To pass, the student must pass both exercises, with a minimum note of five. The final qualification will be the average of the note of both exercises.
Students who do not opt for the previous system or do not pass the subject by said system will perform a global test, which will consist of:
- The accomplishment of a practical exercise similar to those that have been realized throughout the course.
- The realization of a theoretical test. The professor will propose two development questions and the student should choose one of them.
To pass the subject by the global test system it will be necessary to pass the two parts of the examination.
According to current regulations, "the results obtained will be graded according to the following numerical scale from 0 to 10, with one decimal, to which the corresponding qualitative qualification can be added:
- From 0 to 4.9: Suspended (S): students have not achieved the learning outcomes.
- From 5.0 to 6.9: Approved (A): students have achieved learning outcomes.
- From 7.0 to 8.9: Notable (N): students have achieved learning outcomes above the minimum requirements and in a prominent way.
- From 9 to 10: Distinction (SB): the students have achieved the learning objectives in an excellent way.
In the evaluation of the subject will be valued:
- The depth of the analysis carried out in the practical exercises on the questions raised and the personal contributions of the student,
- The formal aspects in the realization of practical exercises, especially the clarity and richness of written expression and the use, where appropriate, of auxiliary means of expression such as illustrations or graphs
- Attendance and participation in practical sessions and, within this, the student's explanatory and argumentative capacity.
- The knowledge of the subject contents and the ability to apply it to the resolution of cases related to the virtual universe or to ICTs.
- The understanding of the impact of ICTs on contemporary society, economy and law, and of some of the main trends observed in its evolution
4. Methodology, learning tasks, syllabus and resources
4.1. Methodological overview
The methodology focuses on the study of several cases, representative of the main contents of the program.
4.2. Learning tasks
The learning activities consist of conducting practical exercises by the students. According to the professor's instructions, the exercises can be done individually or in teams.
The professors will propose some cases to the students. In addition, they will provide the students with the theoretical foundations and the instructions to find appropriate resources. In some cases the exercises should be elaborated by students at home and in others the work will be done in one of the classroom sessions. In general, each exercise will end with the exposure and sharing within the group of the results obtained.
The exercises may be of the following types:
- Using ICT tools in legal proceedings.
- Preparation and use in legal proceedings of electronic evidence.
- Access to ICT resources for the professional practice and training of the jurist.
- Resolution of ICT-related cases.
- Analysis and discussion of academic texts
The course will address the following topics:
- Information and communications technology (ICT) & law: Information systems evolution. Big data and the data-driven society. Electronic documents, electronic signature and blockchain. Artificial intelligence and automated decision-making.
- El derecho de la información: Internet governance. The right of access to public information: transparency and reuse.
- Personal data protection: Sistemas de gestión de la privacidad. Legitimación del tratamiento de datos personales. Medidas de Seguridad. Esquema Nacional de Seguridad.
- ICT in the judicial process: Electronic processing of procedures and communication acts. Electronic evidence and electronic data discovery (EDD). Online dispute resolution (ODR).
4.4. Course planning and calendar
The subject is taught in the first semester, in the period established in the academic calendar that University publishes each year (https://academico.unizar.es/sites/academico.unizar.es/files/archivos/ficheros/vgacad/calmatri_17_18_5.pdf)
The schedule is published in the website: https://derecho.unizar.es/sites/derecho.unizar.es/files/archivos/horarios/horarios_mua.pdf.
The professors will communicate sufficiently in advance the date on which the (the two, eliminado two) assessable exercises for the continuous evaluation will be carried out.