JUR 2401 Law III - RE-SIT EXAMINATION

APPLIES TO ACADEMIC YEAR 2012/2013

JUR 2401 Law III - RE-SIT EXAMINATION

Responsible for the course
Monica Viken

Department
Department of Accounting - Auditing and Law

Term
According to study plan

ECTS Credits
18

Language of instruction
Norwegian

Introduction
The course consists of four sub-courses. The course objective, literature, course outline and course structure are specified for each sub-course.

Objective
The students will also be given a thorough introduction to contracts of employment, with a focus on the company's situation as an employer. There shall be given an introduction to the law of the capital market (funding of undertakings), together with other questions regarding law of commercial papers and security.

Prerequisites
None.

Compulsory reading
Books:
Bergsåker, Trygve. 1994. Pengekravsrett. Norges eiendomsmeglerforbund
Falkanger, Thor. 2004. Introduksjon til panteretten : stiftelse og virkninger, herunder om tvangsfullbyrdelse. Universitetsforlaget
Robberstad, Anne. 2009. Sivilprosess. Bergen : Fagbokforlaget
Storeng, Nils H., Tom Henrik Beck og Arve Due Lund. 2010. Arbeidslivets spilleregler. Oslo : Universitetsforlaget. Del 1 s. 25-42, Del 2 s. 43-226, Del 3 s. 227-394 og s. 407-415, Del 4 s. 417-421 og s. 461-463, Del 5 s. 465-503.


Recommended reading

Course outline
Specified under each sub-course

Computer-based tools
No specified computer-based tools are required.

Course structure
There will be given 48 hours of lecture. Not all subjects will be covered during the lectures. After the lectures, the students will be placed in seminar-groups, totally 60 hours. Participation in the seminars is obligatory for the students, they are expected to take part in discussions and solving of practical cases during the seminars.


Examination
Grade in course will be based on following activities.

Part 1 - Written assignment. The assignment will be given at the beginning of the term, and has to be handed inn within four weeks.
Part 2 - Five hour individual written exam, consists of section 1: Monetary claims and section 2: Law of mortages and pledges. Count 50% of final grade.
Psrt 3 - Five hour individual written exam, consists of section 3: The contract of employment and section 4: Legal sanctions and conflict resolution. Count 50% of final grade.

To the written exams students can be tested both in practical and teoretical questions. Knowledge, reasoning, use of methods and presentation will be judged. All questions are supposed to be answered.


Examination code(s)
JUR 24013 Written Assignment. Passed/Failed.
JUR 24014 - Written exam in section 1: Monetary claims and section 2: Law of mortages and pledges. Counts 50% to obtain final grade in JUR 2401 JUS III, 18 credits.
JUR 24015 - Written exam in section 3: The contract of employment and section 4: Legal sanctions and conflict resolution. Counts 50% to obtain final grade in JUR 2401 JUS III, 18 credits.


Examination support materials
Collection of law-texts, administrative regulations, proposed new legislation.
Inger Hamre og Helge Stemshaug (red.): EU- og EØS-relevante tekster.
Hovedavtalen LO-NHO 2006-2009.


Re-sit examination
This course was lectured for the last time autumn 2010. Re-sit exam will be offered every term from autumn 2011 even spring 2013.

Additional information
Section 1: Monetary claims

Objective
The students shall be given a detailed knowledge of the legal provisions concerning monetary claims in general. They will be able to clarify the main rules for written acknowledgement of debt.


Compulsory literature
Bergsåker, Trygve. 2001. Lærebok i pengekravsrett. 2. utg.Oslo: T. Bergsåker.
  • Monetary claims (monetary obligations)
  • Performance of monetary claims
  • Settlement correction
  • Cancellation of monetary claims due to expiry of the limitation period etc.
  • Consequences of impaired performance of monetary claims
  • Claims involving several debtors
Course structure
12 hours of lectures are given, followed by 15 hours of seminars. The lectures will not cover all the topics, students are expected to participate in discussions and do assignments during the seminars.

Section 2: Law of mortgages and pledges

Objective
The students are to be given a thorough introduction into mortgage issues, including the protection accorded by the law and the parties' disposal of the mortgaged object and mortgage claim. They are to gain an understanding of the mortgagee's position in relation to the mortgagor, other acquirers of negotiation documents and creditors. The main emphasis shall be placed on the rules for mortgages that have been established by agreement. The students are to learn about the rules regarding establishment and enforcement of the vendor's fixed charge.

Compulsory literature
Falkanger, Thor. 2004. Introduksjon til panteretten. Oslo: Universitetsforlaget.

Course outline
  • Limitations in the mortgaging right
  • Establishing mortgage rights
  • Legal protection rules
  • Vendor's fixed charge
  • Disposal of mortgage rights
  • Mortgagee's position during debt settlement proceedings and in bankruptcy

Course structure
9 hours of lectures are given, followed by 12 hours of seminars. The lectures will not cover all the topics, students are expected to participate in discussions and do assignments during the seminars.

Section 3: The contract of employment

Objective
The students shall gain a thorough insight into legal provisions regulating work conditions and work contracts, based on the company's role as employer.

Compulsory literature
Storeng, Beck og Due Lund. 2006. Arbeidslivets spilleregler. Oslo: Universitetsforlaget. Del 1 s. 25-42, Del 2 s. 43-226, Del 3 s. 227-394 og s. 407-415, Del 4 s. 417-421 og s. 461-463, Del 5 s. 465-503.

Course structure
18 hours of lectures are given, followed by 21 hours of seminars. Not all topics will be covered in the lectures, students are expected to take part in discussions and do assignments during the seminars.

Section 4: Legal sanctions and conflict resolution

Objective
Students will gain knowledge in judicial conflict resolution, including the terms for interim court orders in the court of execution and enforcement, declatory and enforcement judgments in regular courts and legal enforcement through the execution and enforcement authority, the rules associated with arbitrage and legal remedies and litigation costs. The students shall also learn about alternative dispute resolution, particularly court-administered mediation and mediation.

Prerequisites
No particular prerequisites are required.

Compulsory literature
Robberstad, Anne. 2009. Sivilprosess.

Course outline
  • Basic principles of our law procedure
  • The courts as dispute resolution agents
  • Civil law procedure
  • The parties to an action
  • Legal decisions
  • Legal remedies
  • Legal enforcement
  • Interim court orders
  • Basic mediation principles
  • The conflicts for which mediation may be suitable
  • Court-administered mediation
Course structure
9 hours of lectures are given, followed by 12 hours of seminars. The students are organized in study groups for discussions and assignments.