OBJECTIVES

The course objectives of initial training are described in the White Book of the Justice Administration with the following references:

• To complete the necessary knowledge for the exercise of the judiciary function and that are not included in the access tests programmes.
• To develop the analysis capacity of the reality, test evaluation and resolution.

The schedule activities are oriented towards the execution of such aims, with those activities it is expected to complete the technical, humanistic and social training of the future judges. On a more specific way, the teaching objectives during the first year of initial training are as follows:

• To encourage the perception and individualisation of the presented judiciary problems.
• To go into detail in the knowledge of social reality where specific judiciary conflicts take place (social isolation, domestic violence, drug addictions, etc.).
• Enhance the skills necessary for making prudent decisions.
• Complete, from a practical perspective which is framed in the process, the knowledge acquired in previous academic training and the preceding entrance tests.
• Prepare the reasoning of resolutions.
• Raise awareness of the international and European judicial area in which they will have to develop their roles.

METHODOLOGY

Without any prejudice of using other more traditional methods in certain activities (questionnaires, conferences, roundtable, etc.), the Spanish Judicial School, maintains a commitment to technical advancement, improvement and consolidation of the “case study method” and“teaching through the study of real problems” with the objective of showing the Judge under training to “think as a jurist”, training him in argument faculties, teaching him how to analyse and give arguments to reach the right decision according to the facts on trial.

The aim is to make an effort in using IT, not only as the standard environment for work, but also as an instrument for training and the updating of knowledge.

This teaching system is based on classes with small groups (between 20 and 25 students) with an active work dynamic so that the students assume analysis tasks, to give a paper on a subject, etc., making them active participants of their own learning process.

The purpose is to develop the student’s faculties for the resolution and decision making of problems. The teaching is based on the learning process for the right establishment of the discussed facts and the evaluation of the tests, achieving a balance between speed and reflection in the different judiciary answers that are asked or, as always difficult conjugation of demands of value, precaution and diligence in the resolution of conflicts and that will allow to face future problems in a non intuitive way.

In this respect, the method of the case can be organized in the following steps:

• Handing in the file or case previously to its discussion in class. The students, individually or in group carry out the case study, case which is not “neither produced nor fictitious”, but it is selected among real cases given by different Tribunals of the whole national territory, appropriate to the pointed teaching objectives and of an average complexity (It has been a great advantage to count on the recording of civil trials and of different penal procedures).
• After the study, every student makes a scheme or summary of the case process history, the relevant judiciary facts, as well as applicable rules and principles, making a synthesis of factual and legal arguments that have led to the decision of the case.
• Exposition in class by any of the students, who will volunteer or be chosen by the Professor, and who will make an oral exposition, will present the case and then there will be a discussion where the rest of students will participate, the professor will channel the activity, pointing at the practical difficulties arisen by the cases, and achieving a “contrast of opinions” that supposes a contrast of reasoning or arguments supporting the appropriate decision. After that, the professor will close the activity, transmitting all his experience and knowledge about the topic, listing and explaining all the described problems in the practicum, the problems arisen in the discussion and the problems that have not been explained, and finally drawing conclusions.