Introduction au Droit & Organisation Judiciaire

Vocabulary flashcards covering the key legal concepts, statutory provisions, court hierarchies, and systemic distinctions between Civil Law and Common Law as well as the French judicial organization.

Civil Law System

A legal system (exemplified by France) where the primary source of law is written legislation, including statutes, acts, bills, decrees, and official codes.

Common Law System

A legal system (exemplified by the UK and the US) where judicial precedents, case law (stare decisis), and judge-made decisions serve as core legal foundations.

Article 5 of the French Civil Code

The statutory rule strictly forbidding judges from laying down general precedents or deciding cases by way of general and regulatory provisions.

Arrêts de règlement

General regulatory rulings establishing binding legal precedents, which French judges are expressly prohibited from issuing under Article 5 of the Civil Code.

Power of Interpretation

A judge's authority to use independent analytical reasoning to clarify obscure, incomplete, or ambiguous laws in order to resolve a dispute, without possessing legislative power.

Virement de jurisprudence (Reversing Precedent)

The departure from or change in a prior judicial interpretation by a judge in subsequent cases, allowed because previous interpretations are not legally binding.

Article 13 of the Law of 16–24 August 1790

A French revolutionary statute mandating the strict separation of judicial and administrative functions, barring ordinary judges from interfering with administrative operations on pain of forfeiture (forfaiture).

Theory of the Minister-Judge (Théorie du Ministre-Juge)

The post-revolutionary French doctrine where an administrative grievance could only be reviewed by a higher administrative authority (such as a Minister), making the administration both judge and party in its own dispute.

Administrative Jurisdiction (Juge Administratif)

A specialized court system created in France to oversee public administration, adjudicate State liability, and annul unlawful administrative acts.

Separation of Powers

Montesquieu's constitutional doctrine dividing State authority into Executive, Legislative, and Judicial branches to prevent tyranny.

Duality of Orders (Separation of Orders)

The internal architecture of the French judicial system that splits jurisdiction between the Judicial Order (Ordre Judiciaire) and the Administrative Order (Ordre Administratif).

Ordre Judiciaire (Judicial Order)

The branch of the French court system responsible for disputes between private persons (personnes privées) under civil law and criminal law.

Ordre Administratif (Administrative Order)

The branch of the French court system responsible for disputes involving a public entity (personne publique), such as the State, regions, communes, and public hospitals.

Double Degree of Jurisdiction (Double degré de juridiction)

A fundamental procedural right in France entitling any litigant to have their case fully re-examined on both facts and law by an appellate court.

Juridictions du 1er Degré (First Instance Courts)

Specialized and general courts where a dispute is heard for the first time, including the Tribunal Judiciaire, Conseil de Prud'hommes, Tribunal de Commerce, Cour d'Assises, and Tribunal Correctionnel.

Cour d'Appel (Court of Appeal)

The second-degree court (typically one per judicial district/ressort) that re-examines both the facts and the legal interpretation of a case decided at first instance.

Cour de Cassation

The supreme court of the French judicial order, acting as a judge of the law (juge du droit) to verify correct application of law without re-examining the factual evidence.

Conseil d'État

The supreme court (juge suprême / juge du droit) at the apex of the French administrative order.

Criminal Branch (Penal Law)

The subdivision of the judicial order that prosecutes violations of the Penal Code (Code Pénal), classified into infractions, misdemeanors, and felonies (contraventions, délits, crimes).

Civil Branch (Civil Law)

The subdivision of the judicial order governing private legal relations (family, contracts, torts, commercial, and labor law) to resolve disputes, enforce contracts, and compensate damages.