French Judiciary
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French Judiciary
In France, career judges are considered civil servants exercising one of the sovereign powers of the state, so French citizens are eligible for judgeship, but not citizens of the other EU countries. 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 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 pr ...
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France
France (), officially the French Republic ( ), is a country primarily located in Western Europe. It also comprises of Overseas France, overseas regions and territories in the Americas and the Atlantic Ocean, Atlantic, Pacific Ocean, Pacific and Indian Oceans. Its Metropolitan France, metropolitan area extends from the Rhine to the Atlantic Ocean and from the Mediterranean Sea to the English Channel and the North Sea; overseas territories include French Guiana in South America, Saint Pierre and Miquelon in the North Atlantic, the French West Indies, and many islands in Oceania and the Indian Ocean. Due to its several coastal territories, France has the largest exclusive economic zone in the world. France borders Belgium, Luxembourg, Germany, Switzerland, Monaco, Italy, Andorra, and Spain in continental Europe, as well as the Kingdom of the Netherlands, Netherlands, Suriname, and Brazil in the Americas via its overseas territories in French Guiana and Saint Martin (island), ...
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Civil Law (legal System)
Civil law is a legal system originating in mainland Europe and adopted in much of the world. The civil law system is intellectualized within the framework of Roman law, and with core principles codified into a referable system, which serves as the primary source of law. The civil law system is often contrasted with the common law system, which originated in medieval England. Whereas the civil law takes the form of legal codes, the law in common law systems historically came from uncodified case law that arose as a result of judicial decisions, recognising prior court decisions as legally-binding precedent. Historically, a civil law is the group of legal ideas and systems ultimately derived from the ''Corpus Juris Civilis'', but heavily overlain by Napoleonic, Germanic, canonical, feudal, and local practices, as well as doctrinal strains such as natural law, codification, and legal positivism. Conceptually, civil law proceeds from abstractions, formulates general principles, and ...
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Court Of Cassation (France)
The Court of Cassation (french: Cour de cassation ) is one of the four courts of last resort in France. It has jurisdiction over all civil and criminal matters triable in the judicial system; it is the supreme court of appeal in these cases. It has jurisdiction to review the law, as well as to certify questions of law, to determine miscarriages of justice. The Court is located in the Palace of Justice in the 1st arrondissement of Paris. The Court does not have jurisdiction over cases involving claims against administrators or public bodies, which fall within the jurisdiction of administrative courts, for which the Council of State acts as the supreme court of appeal; nor over cases involving constitutional issues, which fall within the jurisdiction of the Constitutional Council; nor over cases involving disputes about which of these courts has jurisdiction, which are heard by the Jurisdictional Disputes Tribunal. Collectively, these four courts form the topmost tier of the Fr ...
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Francophone
French became an international language in the Middle Ages, when the power of the Kingdom of France made it the second international language, alongside Latin. This status continued to grow into the 18th century, by which time French was the language of European diplomacy and international relations. According to the 2022 report of the Organisation internationale de la Francophonie (OIF), 409 million people speak French. The OIF states that despite a decline in the number of learners of French in Europe, the overall number of speakers is rising, largely because of its presence in African countries: of the 212 million who use French daily, 54.7% are living in Africa. The OIF figures have been contested as being inflated due to the methodology used and its overly broad definition of the word francophone. According to the authors of a 2017 book on the world distribution of the French language, a credible estimate of the number of "francophones réels" (real francophones), that ...
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Germanic-speaking Europe
Most languages of Europe belong to the Indo-European language family. Out of a total European population of 744 million as of 2018, some 94% are native speakers of an Indo-European language. Within Indo-European, the three largest phyla are Romance, Germanic, and Slavic, they have more than 200 million speakers each and together account for close to 90% of Europeans. Smaller phyla of Indo-European found in Europe include Hellenic (Greek, 13 million), Baltic ( 7 million), Albanian ( 5 million), Celtic ( 4 million), Armenian ( 4 million) and Indo-Aryan (Romani, 1.5 million). Of the approximately 45 million Europeans speaking non-Indo-European languages, most speak languages within either the Uralic or Turkic families. Still smaller groups — such as Basque (language isolate), Semitic languages ( Maltese, 0.5 million), and various languages of the Caucasus — account for less than 1% of the European population between them. Immigration has added sizeable communities of sp ...
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Original Jurisdiction
In common law legal systems original jurisdiction of a court is the power to hear a case for the first time, as opposed to appellate jurisdiction, when a higher court has the power to review a lower court's decision. India In India, the Supreme Court has original, appellate and advisory jurisdiction. Its exclusive original jurisdiction extends to all cases between the Government of India and the States of India or between Government of India and states on one side and one or more states on other side or cases between different states. Original jurisdiction is related to cases directly brought to the Supreme Court. Cases that require the interpretation of the constitution or cases relating to the denial of fundamental rights are heard in the Supreme Court. In case there is a dispute between two or more states or between the union and the states, the Supreme Court decides such cases. In addition, Article 131 of the Constitution of India grants original jurisdiction to the Supr ...
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Court Of Record
A court of record is a trial court or appellate court in which a record of the proceedings is captured and preserved, for the possibility of appeal. A court clerk or a court reporter takes down a record of oral proceedings. That written record (and all other evidence) is preserved at least long enough for all appeals to be exhausted, or for some further period of time provided by law (for example, in some U.S. states, death penalty statutes provide that all evidence must be preserved for an extended period of time). Most courts of record have rules of procedure (see rules of evidence, rules of civil procedure, and rules of criminal procedure) and therefore they require that most parties be represented by counsel (specifically, attorneys holding a license to practice law before the specific tribunal). In contrast, in courts not of record, oral proceedings are not recorded, and the judge makes his or her decision based on notes and memory. In most "not of record" proceedin ...
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Prosecutor
A prosecutor is a legal representative of the prosecution in states with either the common law adversarial system or the Civil law (legal system), civil law inquisitorial system. The prosecution is the legal party responsible for presenting the case in a Criminal law, criminal jury trial, trial against an individual accused of breaking the law. Typically, the prosecutor represents the state or the government in the case brought against the accused person. Prosecutor as a legal professional Prosecutors are typically lawyers who possess a law degree, and are recognised as suitable legal professionals by the court in which they are acting. This may mean they have been Admission to the bar, admitted to the bar, or obtained a comparable qualification where available - such as Solicitor advocate, solicitor advocates in English law, England and Wales. They become involved in a criminal case once a suspect has been identified and Indictment, charges need to be filed. They are employe ...
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Prosecution
A prosecutor is a legal representative of the prosecution in states with either the common law adversarial system or the civil law inquisitorial system. The prosecution is the legal party responsible for presenting the case in a criminal trial against an individual accused of breaking the law. Typically, the prosecutor represents the state or the government in the case brought against the accused person. Prosecutor as a legal professional Prosecutors are typically lawyers who possess a law degree, and are recognised as suitable legal professionals by the court in which they are acting. This may mean they have been admitted to the bar, or obtained a comparable qualification where available - such as solicitor advocates in England and Wales. They become involved in a criminal case once a suspect has been identified and charges need to be filed. They are employed by an office of the government, with safeguards in place to ensure such an office can successfully pursue the prosec ...
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