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Tribunal D'instance
In France, the ''Tribunal d'instance'' (literally "Court of First Instance") is a judicial lower court of record of first instance for general civil suits and includes a criminal division, the Police Court (''tribunal de police''), which hears cases of misdemeanors or summary offences (''contraventions''). Since it has original jurisdiction, the Court's rulings may be appealed to a French appellate court or Supreme Court. The court was formerly known as a Justice of the Peace Court (''justice de paix'') until the judicial restructuring of 1958. In the Court, proceedings are conducted based on oral testimony and arguments, and, unlike in higher courts, legal counsel is not mandatory. Other judicial courts of original jurisdiction are: *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'') - handles complex suits and ...
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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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Euros
The euro (symbol: €; code: EUR) is the official currency of 19 out of the member states of the European Union (EU). This group of states is known as the eurozone or, officially, the euro area, and includes about 340 million citizens . The euro is divided into 100 cents. The currency is also used officially by the institutions of the European Union, by four European microstates that are not EU members, the British Overseas Territory of Akrotiri and Dhekelia, as well as unilaterally by Montenegro and Kosovo. Outside Europe, a number of special territories of EU members also use the euro as their currency. Additionally, over 200 million people worldwide use currencies pegged to the euro. As of 2013, the euro is the second-largest reserve currency as well as the second-most traded currency in the world after the United States dollar. , with more than €1.3 trillion in circulation, the euro has one of the highest combined values of banknotes and coins in circ ...
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Judiciary Of France
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 propose ...
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Inquisitorial System
An inquisitorial system is a legal system in which the court, or a part of the court, is actively involved in investigating the facts of the case. This is distinct from an adversarial system, in which the role of the court is primarily that of an impartial referee between the prosecution and the defense. Inquisitorial systems are used primarily in countries with civil legal systems, such as France and Italy, or legal systems based on Islamic law like Saudi Arabia, rather than in common law systems. It is the prevalent legal system in Continental Europe, Latin America, African countries not formerly under British rule, East Asia (except Hong Kong), Indochina, Thailand, the Philippines, and Indonesia. Most countries with an inquisitorial system also have some form of civil code as their main source of law. Countries using common law, including the United States, may use an inquisitorial system for summary hearings in the case of misdemeanors or infractions, such as minor traf ...
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Cour D'assises
In France, a ''cour d'assises'', or Court of Assizes or Assize Court, is a criminal trial court with original and appellate limited jurisdiction to hear cases involving defendants accused of felonies, meaning crimes as defined in French law. It is the only French court consisting in a jury trial. Justiciable matters Under French law, the definition of a ''crime ( m)'' is limited to any criminal act punishable by over 10 years of prison, including murder and rape. Previous death penalty application The ''cour d'assises'', uniquely outside military law, could sentence proven convicts for serious crimes, e.g. murder (''assassinat'' or ''meurtre'') to the death penalty, until it was abolished from French law in September 1981. In the sentencing phase, a qualified majority would vote on the verdict, or 2/3 of the jury, the same procedure as in rendering the guilty verdict. One of the last famous death penalty trials, that of Patrick Henry in 1977, famously ended in a life sentenc ...
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Justice In France
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 propose ...
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Minor (law)
In law, a minor is someone under a certain age, usually the age of majority, which demarcates an underage individual from legal adulthood. The age of majority depends upon Jurisdiction (area), jurisdiction and application, but it is commonly 18. ''Minor'' may also be used in contexts that are unconnected to the overall age of majority. For example, the smoking age, smoking and legal drinking age, drinking age in the United States is 21, and younger people below this age are sometimes called ''minors'' in the context of tobacco and alcohol law, even if they are at least 18. The terms underage or ''minor'' often refer to those under the age of majority, but may also refer to a person under other legal age limits, such as the age of consent, marriageable age, driving age, voting age, etc. Such age limits are often different from the age of majority. The concept of ''minor'' is not sharply defined in most jurisdictions. The age of criminal responsibility and consent, the age at whi ...
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Serge Guinchard
Serge Guinchard (born May 9, 1946) is a French jurist who formerly taught at the Law School of Dakar and Jean Moulin University Lyon 3 and most recently at Panthéon-Assas University, where he is now Professor emeritus. He has also held political posts in the metropolitan government of Lyon. Education Guinchard was born in the 4th arrondissement of Lyon and was educated in Caluire-et-Cuire and the northern suburbs of Lyon. After completing his secondary education in Lyon, he studied at the Faculty of Law of Lyon. He obtained his J.D. in 1974 and the ''Agrégation'' in law the year afterward. Academic career From November 1969 to September 1974 Guinchard was an Assistant in the Faculty of Law at the University of Lyon 2, then at Jean Moulin University Lyon 3 after its creation. He then became a lecturer at Lyon 3 until December 1975. From January 1976 to September 1980, he was a professor in the Faculty of Law at Dakar University, heading the Private Law Section from October ...
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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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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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Social Security Tribunal
{{Short description, Type of French civil court In France, the Social security tribunal (in French: ''tribunal des affaires de la sécurité sociale'') rules on disputes between social security funds (caisses de sécurité sociale) and users, for example regarding membership of a fund or the award and payment of benefits. A social security tribunal is made up of a president, who is a judge of the regional court, and assessors, who are not professional judges, appointed for three years by the first president of the Court of Appeal from a list drawn up for the area within the jurisdiction of the particular tribunal by the regional director for young people, sport and social cohesion, following nominations by the most representative trade and professional organisations. The president of the social security tribunal also gives his opinion. There are 115 social security tribunals. See also *Justice in France In France, career judges are considered civil servants exercising one of t ...
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Agricultural Land Tribunal
In France, the Agricultural Land Tribunal (in French: ''tribunal paritaire des baux ruraux'') hears disputes between landlords and tenants of agricultural land regarding various forms of lease or contract for tenancy and the working of land.{{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 The tribunal is presided over by a judge of the district court. The president sits with four non‑professional assessors: two of them are landlords and two are tenants, and all four are elected by their peers for six years from lists of candidates drawn up by the prefect following nominations by a committee for the preparation of electoral lists. See also *Justice in France In France, career judges are c ...
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