French Civil Law System

The Court of Cassation is the highest court and the only national court in civil and criminal matters. [3] It has six chambers, five civil chambers: (i) for contracts, (ii) for misdemeanours, (iii) for family matters, (iv) for commercial matters, (v) for social affairs: labour and social security law; and (vi) criminal law. [46] The Court has 85 counsellors, 39 junior referendum counsellors and 18 trainee auditors. [46] As a rule, cases are heard in three or five judicial chambers. A mixed chamber (a large panel of high-ranking judges) or a plenary session (plenary session) can be convened to resolve disputes or negotiate important cases. [46] In 2005, it disposed of 26,000 cases. [46] The Court of Cassation also issues opinions on the lower courts` right of referral. [46] From an academic point of view, French law can be divided into two broad categories: private law and public law. This is different from traditional common law concepts, where the main distinction between criminal and civil law is.

The Economist explains that “the system dates back to pre-Norman times, when the rules were different in each part of the country. To ensure consistency, the judges created common law based on customs across the country and the decisions of monarchs. These rules developed organically and were rarely written. It contains backdated influences from the Bible and the Romans and Normans. When judges make a decision, they are largely bound by the rules and other doctrines developed by previous courts. Prior to judicial review, the official or his superior may request prior remedies, even if they are of limited use. [42] Legal aid is granted as in civil and criminal cases, although lawyers are useless in many cases, as in the French inquisitorial legal system, judges have primary control over cases after they are brought. [42] All administrative decisions must be challenged within two months of their adoption and no waiver of omissions is possible. [42] The CIA World Factbook shows that England`s legal system is also in force in about 80 countries that were once part of or influenced by the former British Empire. Other judges then preside over the criminal trial, usually without jurors.

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