Università degli Studi di Urbino Carlo Bo / Portale Web di Ateneo


LEGAL RESEARCH TECHNIQUES
TECNICHE DI RICERCA GIURIDICA

Legal research techniques by applying lateral thinking
Tecniche di ricerca giuridica mediante il pensiero laterale

A.Y. Credits
2019/2020 6
Lecturer Email Office hours for students
Franco Angeloni The e-mail address franco.angeloni@uniurb.it is not active. For any communications you can contact Dr. Daniela Capponi at the Secretariat of the Department or sending an e-mail at the e-mail address daniela.capponi@uniurb.it or by calling the phone number 0722 303220. Professor Franco Angeloni receives at the end of the lessons.

Assigned to the Degree Course

Law (LMG/01)
Curriculum: PERCORSO COMUNE
Giorno Orario Aula
Giorno Orario Aula

Learning Objectives

The course has two goals:
I) it proposes to give a proper mastery of the hermeneutic instruments, of the analysis of judge precedents and of the other research methods, also by consulting the various databases, with particular reference to those of CED of the Supreme Court of Cassation in Italy, illustrating the basic aspects of the program ItalgiureWeb that allows it to be consulted;
II) it proposes to enhance students’ reasoning skills, illustrating the characteristics of lateral thinking and map reasoning, functional to the realization of this enhancement. As part of this objective, basic notions on artificial intelligence and its potential will also be provided.

Program

During the academic year 2019/2020 the course will be articulated into the following topics:
general categories, with particular reference to sources of law and interpretation; various research methods and databases questioning techniques also will be illustrated; lateral thinking; artificial intelligence.
Graduate thesis are given by the course holder at reception times and will normally be followed by the same. Graduates, however, may be instructed by one or more assistant professors.
The sequent preferential criteria will be followed when assigning thesis: mastery of techniques for the interpretation of normative documents; previous active attendance of the course; media reported in the afferent exams.

Learning Achievements (Dublin Descriptors)

1) knowledge and understanding: relating to this descriptor the student will have to demonstrate that he/she has the knowledge and ability to understand civilian matter, such as to elaborate and apply original ideas, even within a research context;

2) applying knowledge and understanding: relating to this descriptor the student will have to demonstrate that he/she is able to apply his/her knowledge and understanding, and problem solving abilities related to the civilian mattern also within broader or multidisciplinary contexts related to his field of study;

3) making judgements: related to this descriptor the student will have to demonstrate that he/she has the ability to integrate knowledge and handle interpretative complexity, and formulate judgements with incomplete or limited information, but that include reflecting on social and ethical responsibilities linked to the application of his/her knowledge and judgements;

4) communication skills: relating to this descriptor, the student will have to demonstrate that he/she have the ability to communicate his/her interpretative conclusions at group work, seminars, workshops, interjecting with the professor and his/her collaborators in the context of working class clearly and unambiguously;

5) learning skills: related to this descriptor the student will have to demonstrate that he/she have developed those learning skills of civil law institutes that will enable him/her to continue studying in the most self-taught or self-study way.

Teaching Material

The teaching material prepared by the lecturer in addition to recommended textbooks (such as for instance slides, lecture notes, exercises, bibliography) and communications from the lecturer specific to the course can be found inside the Moodle platform › blended.uniurb.it

Didactics, Attendance, Course Books and Assessment

Didactics

Frontal lesson.
Lessons can be accompanied by some seminars, reserved for the interested students, whose active participation is an essential part of the course. They aim both to provide an adequate degree of mastery of modern legal research tools and to deepen, including through the reading of specific case-law and /or doctrinal materials previously made available at the Faculty library, individual aspects and problems of the subject.

Attendance

There are no frequency obligations.

Course books

- EDWARD DE BONO, Sei cappelli per pensare, BUR-Mondadori Editore, Milano, 2018 (the whole book);
- JERRY KAPLAN, Intelligenza artificiale – Guida al futuro prossimo, LUISS University Press, Roma, 2018 (the whole book).
Any additional bibliographic information will be provided during the course.
It is also essential to systematically consult the civil code and the main legislative provisions that are complementary. We recommend the e-book by F. ANGELONI, IL CODICE CIVILE SMART (versione integrale), published on the Amazon’s KDP (Kindle Direct Publishing) platform, latest edition.

Assessment

Examination will be carried out by an oral test.

The option for the oral test was made according to the foregoing considerations:
1) the oral test allows a dynamic and customized assessment by the teacher, who can, depending on the answers provided, modulate the level of depth of the examination topics and/or the duration of the test for a more analytical examination;
2) the oral test prevents the candidate from using an elaborate of another candidate or uses the collaboration of other (near or distant) subjects for the achieving of the elaborate, thereby making the professor’s assessment altered;
3) the oral test allows the candidate to talk to the examiner, giving him the opportunity to ask the professor clarification on the questions that are being asked, if he or she has doubts about the subject matter of the same question;
4) the oral test ensures greater uniformity of student treatment, as it is carried out seamlessly in a given time interval, while other types of evidence predict that the evaluation of the candidates may take a considerable amount of time
5) the oral test (considering that it takes place in public ) ensures greater transparency of the evaluation process.
The creative content of this field is subject to copyright protection, of which is the holder Professor Franco Angeloni, according to the law in force.

The oral test is functional to ascertain the student’s preparation and will concern the topics covered in the previously mentioned study texts.
The test is carried out through the formulation of questions to the candidate and the evaluation of the answers provided.
The evaluation is expressed in marks out of thirty and is carried out also in accordance with the provisions of Art. 28 of the University’s didactical regulations issued by Royal Decree no. 487/2013 of 4?? November 2013, which can be consulted on the University’s website.

Only students who attend the whole course will have the faculty to support, at the end of the course, a test of the ability to consult various databases (topic that will be covered); for those who successfully pass that test, the final exam test will be in the oral discussion only on topics related to the following texts:
- EDWARD DE BONO, Sei cappelli per pensare, BUR-Mondadori Editore, Milano, 2018 (the whole book);
- JERRY KAPLAN, Intelligenza artificiale – Guida al futuro prossimo, LUISS University Press, Roma, 2018 (the whole book except chapters 6 to 8 (from page 161 to page 224)).
In any case, the student is free to use or not of the outcome of the test and will report it to Prof. Franco Angeloni at the beginning of the final exam interview.
For those who do not pass the test positively or for those who, despite having passed them, have submitted a vote that does not meet their satisfaction, the final exam test will be in the oral discussion of the whole program.
It should be noted that the student will only be able to avail him/herself of the outcome of the test within and not later than the last appeal of the last exam session for the academic year in which the test was held.

not later than the last appeal of the last exam session for the academic year in which the test was held.

Additional Information for Non-Attending Students

Attendance

There are no frequency obligations.

Course books

- EDWARD DE BONO, Sei cappelli per pensare, BUR-Mondadori Editore, Milano, 2018 (the whole book);
- JERRY KAPLAN, Intelligenza artificiale – Guida al futuro prossimo, LUISS University Press, Roma, 2018 (the whole book).
Any additional bibliographic information will be provided during the course.
It is also essential to systematically consult the civil code and the main legislative provisions that are complementary. We recommend the e-book by F. ANGELONI, IL CODICE CIVILE SMART (versione integrale), published on the Amazon’s KDP (Kindle Direct Publishing) platform, latest edition.

Assessment

Examination will be carried out by an oral test.

The option for the oral test was made according to the foregoing considerations:
1) the oral test allows a dynamic and customized assessment by the teacher, who can, depending on the answers provided, modulate the level of depth of the examination topics and/or the duration of the test for a more analytical examination;
2) the oral test prevents the candidate from using an elaborate of another candidate or uses the collaboration of other (near or distant) subjects for the achieving of the elaborate, thereby making the professor’s assessment altered;
3) the oral test allows the candidate to talk to the examiner, giving him the opportunity to ask the professor clarification on the questions that are being asked, if he or she has doubts about the subject matter of the same question;
4) the oral test ensures greater uniformity of student treatment, as it is carried out seamlessly in a given time interval, while other types of evidence predict that the evaluation of the candidates may take a considerable amount of time
5) the oral test (considering that it takes place in public ) ensures greater transparency of the evaluation process.
The creative content of this field is subject to copyright protection, of which is the holder Professor Franco Angeloni, according to the law in force.

The oral test is functional to ascertain the student’s preparation and will only concern the topics covered in the previously mentioned study texts.
The test is carried out through the formulation of questions to the candidate and the evaluation of the answers provided.
The evaluation is expressed in marks out of thirty and is carried out also in accordance with the provisions of Art. 28 of the University’s didactical regulations issued by Royal Decree no. 487/2013 of 4?? November 2013, which can be consulted on the University’s website.

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