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Judiciary Of France
Status and organisation France's independent court system enjoys special statutory protection from the executive branch. Procedures for the appointment, promotion, and removal of judges vary depending on whether it is for the ordinary ("") or the administrative stream. Judicial appointments in the judicial stream must be approved by a special panel, the High Council of the Judiciary. Once appointed, career judges serve for life and cannot be removed without specific disciplinary proceedings conducted before the council with due process. The Ministry of Justice handles the administration of courts and the judiciary, including paying salaries or constructing new courthouses. The Ministry also funds and administers the prison system. Lastly, it receives and processes applications for presidential pardons and proposes legislation dealing with matters of civil or criminal justice. The Minister of Justice is also the head of public prosecution, though this is controversial since it i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Executive Branch
The executive branch is the part of government which executes or enforces the law. Function The scope of executive power varies greatly depending on the political context in which it emerges, and it can change over time in a given country. In democratic countries, the executive often exercises broad influence over national politics, though limitations are often applied to the executive. In political systems based on the separation of powers, government authority is distributed between several branches to prevent power from being concentrated in the hands of a single person or group. To achieve this, each branch is subject to checks by the other two; in general, the role of the legislature is to pass laws, which are then enforced by the executive, and interpreted by the judiciary. The executive can also be the source of certain types of law or law-derived rules, such as a decree or executive order. In those that use fusion of powers, typically parliamentary systems, s ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Private Law
Private law is that part of a legal system that governs interactions between individual persons. It is distinguished from public law, which deals with relationships between both natural and artificial persons (i.e., organizations) and the state, including regulatory statutes, penal law and other law that affects the public order. In general terms, private law involves interactions between private individuals, whereas public law involves interrelations between the state and the general population. In legal systems of the civil law tradition, it is that part of the that involves relationships between individuals, such as the law of contracts and torts (as it is called in the common law tradition), and the law of obligations (as it is called in the civil law tradition). Concept One of the five capital lawyers in Roman law, Domitius Ulpianus, (170–223) – who differentiated ''ius publicum'' from ''ius privatum'' – the European, more exactly the continental law, p ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Conseil De Prud'hommes
In France, the Labour Courts or employment tribunals () resolve individual disputes arising out of an employment contract. The dispute is resolved by a judgment only if conciliation cannot be achieved by the court. Judges are not professionals; currently appointed, they were traditionally elected by their peers, with an even number of judges. Half the members represent employers, and half represent employees. Labour courts were created at the beginning of the 19th century.{{Cite web , url=http://www.chambersandpartners.com/guide/practice-guides/location/241/6593/1418-200 , title=FRANCE - LAW & PRACTICE , access-date=2016-02-10 , archive-url=https://web.archive.org/web/20161026165510/http://www.chambersandpartners.com/guide/practice-guides/location/241/6593/1418-200 , archive-date=2016-10-26 , url-status=dead An employment tribunal is divided into five specialised divisions, for management, manufacturing, distributive trades and commercial services, agriculture, and miscellaneous a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Tribunal Correctionnel
In France, the correctional court () is the court of first instance that has jurisdiction in criminal matters regarding offenses classified as (middling-level crimes) committed by an adult. In 2013, French correctional courts rendered 576,859 judgments and pronounced 501,171 verdicts. Lesser offenses called ''contraventions'' are judged by the Police Tribunal (France), Police Tribunal (proximity courts were permanently abolished on July 1, 2017). More serious wrongdoing such as felonies (Crime in France, crimes) are judged by the ''cour d'assises''. In terms of judicial organisation, the correctional court is one of the chambers of the ''tribunal de grande instance''. At the largest of these courts, several chambers may hear criminal matters. Such courts number the chambers to distinguish them, and they are referred to as the ''nth'' correctional chamber or the ''nth'' chamber of the correctional court. Jurisdiction of the correctional court The jurisdiction of a court, su ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Tribunal D'instance
In France prior to 2020, the ''Tribunal d'instance'' (literally "Court of First Instance") was a judicial lower court of record of first instance for general civil suits and included a criminal division, the Police Court (''tribunal de police''), which heard cases of misdemeanors or summary offences (''contraventions''). Since it had original jurisdiction, the Court's rulings could be appealed to a French appellate court or Supreme Court. Prior to 1958, the court was known as a Justice of the Peace Court (''justice de paix'') until the judicial restructuring of 1958. In the Court, proceedings were conducted based on oral testimony and arguments, and, unlike in higher courts, legal counsel is not mandatory. Other judicial courts of original jurisdiction were: *Magistrate courts (''juge de proximité'') - for small claims and petty misdemeanors (since 1 July 2017 these claims now fall under the jurisdiction of the tribunal d'instance) *High courts (''tribunal de grande instance'') - ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Summary Offenses
A summary offence or petty offence is a violation in some common law jurisdictions that can be proceeded against summarily, without the right to a jury trial and/or indictment (required for an indictable offence). Canada In Canada, summary offences are referred to as summary conviction offences. As in other jurisdictions, summary conviction offences are considered less serious than indictable offences because they are punishable by shorter prison sentences and smaller fines. These offences appear both in the federal laws of Canada and in the legislation of Canada's provinces and territories. For summary conviction offences that fall under the jurisdiction of the federal government (including all criminal law), section 787 of the Criminal Code specifies that, unless another punishment is provided for by law, the maximum penalty for a summary conviction offence is a sentence of 2 years less a day of imprisonment, a fine of $5,000 or both. As a matter of practical effect, some co ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
French Criminal Law
French criminal law is "the set of legal rules that govern the State's response to offenses and offenders". It is one of the branches of the Legal system, juridical system of the France, French Republic. The field of criminal law is defined as a sector of French law, and is a combination of public law, public and private law, insofar as it punishes private behavior on behalf of society as a whole. Its function is to define, categorize, prevent, and punish criminal offenses committed by a person, whether a natural person () or a legal person (). In this sense it is of a punitive nature, as opposed to which settles disputes between individuals, or Administrative law in France, administrative law which deals with issues between individuals and government. Criminal offenses are divided into three categories, according to increasing severity: Contravention in French criminal law, ''contraventions'', Glossary of French criminal law#délit, ''délits'', and ''Crime in French law, crim ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Common Law
Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on precedent—judicial rulings made in previous similar cases. The presiding judge determines which precedents to apply in deciding each new case. Common law is deeply rooted in Precedent, ''stare decisis'' ("to stand by things decided"), where courts follow precedents established by previous decisions. When a similar case has been resolved, courts typically align their reasoning with the precedent set in that decision. However, in a "case of first impression" with no precedent or clear legislative guidance, judges are empowered to resolve the issue and establish new precedent. The common law, so named because it was common to all the king's courts across England, originated in the practices of the courts of the English kings in the centuries fo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
