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The structure of the French judiciary is divided into three tiers: Inferior courts of original and general jurisdiction; Intermediate appellate courts which hear cases on appeal from lower courts; Courts of last resort which hear appeals from lower appellate courts on the interpretation of law. There are exceptions to this scheme, as noted below.
The French judiciary courts (French: ordre judiciaire), also known as "ordinary courts", are one of two main divisions of the dual jurisdictional system in France, the other division being the administrative courts (French: ordre administratif). [1] Ordinary courts have jurisdiction over two branches of law:
The French legal system underwent great changes after the French Revolution beginning in 1789, which swept away the old regime. [32] By 1790, the National Constituent Assembly overhauled the country’s judicial system. [32] A criminal code would be adopted by 1791.
These ordinary courts mainly deals with civil and criminal cases, and are composed of judges called 'magistrates (French: Magistrat)' educated from French National School for the Judiciary, while judges composing administrative court and constitutional court are usually not trained in French National School for the Judiciary.
Schema showing jurisdictional dualism in the French legal system. France has a dual system of law: one system deals with private relationships, and is sometimes called "private law" (droit privé) or "ordinary law" (droit commun), and the other system which covers administrative officials, and is called "administrative law" (droit administratif).
The building of the Court of Cassation. The prosecution, or parquet général, is headed by the Chief Prosecutor (procureur général). [c] The Chief Prosecutor is a judicial officer, but does not prosecute cases; instead, his function is to advise the Court on how to proceed, analogous to the Commissioner-in-Council's [d] role within the Conseil d'État (lit.
Jurisdictional dualism in France is the separation of the French court system into two separate divisions, or "ordres", as they are called in French: the ordinary courts (ordre judiciaire), and the administrative courts [] (ordre administratif). [1]
The judicial system of post-Napoleonic France was an intricate system of relations between the government and the police/judicial force. Together they helped to minimize crime while successfully fulfilling the guarantees made in the Declaration of the Rights of Man and of the Citizen written in 1789.