The court system
The two orders of courts and their three levels, the competent court for each dispute, the role of the supreme and European courts and what cassation decides.
- 34 cards
- 4 topics
- Free
The outline, topic by topic
Each topic is weighted the way the exam weighs it.
- Concepts
- Questions
- Sort and link
- Scenarios
A few cards from the deck
Court: what is it?
Show the answer
A body charged with deciding disputes by stating the law, made up of judges, to which cases are brought through a set procedure.
The judicial order (disputes between private persons and offences) is distinct from the administrative order (disputes with the administration). Each dispute has a competent court, set by law.
The Cour de cassation quashes a court of appeal ruling. What usually happens to the case?
- It is sent to another court of appeal, which tries it again
- The Cour de cassation tries it again itself on the facts
- The case is closed for good, with no new trial
- It starts again before the first-instance court
Show the answer
It is sent to another court of appeal, which tries it again
Cassation annuls the decision but does not judge the facts. The case goes to another court of the same level, which must follow the point of law decided.
The … judge decides disputes with the administration; its supreme court is the ….
Show the answer
The administrative judge decides disputes with the administration; its supreme court is the Conseil d'État.
At first instance, it is the administrative tribunal. On appeal, the administrative court of appeal. The Conseil d'État sits in cassation.
Appeal: what is it?
Show the answer
A means of redress that has the case tried again, on the facts and on the law, by a higher court.
It is the second level of jurisdiction: the court of appeal in the judicial order, the administrative court of appeal in the administrative order. It is not always open (small claims).
An employee loses on appeal and wants an appeal on points of law because the court did not believe his colleague's testimony. What is the answer?
- The Cour de cassation will re-examine the testimony and its credibility
- The complaint concerns the facts: cassation does not retry them
- An appeal is impossible, as there is no remedy after the appeal
- He must lodge a second appeal before another court
Show the answer
The complaint concerns the facts: cassation does not retry them
The trial judges assess evidence without review. Cassation sanctions only an error of law (wrong rule applied, insufficient reasoning), not an assessment of the facts.