French legal system, common law, powers of judges, courts, juries, civil law, jurisprudence, judges
Judicial systems differ from country to country. Two common legal systems are civil law and common law. Often the choice to use one system over another is based on the history of the country or region in question. For example, France uses the civil law and England uses the common law. The relationships, differences, and similarities between the Common Law system and the civil law system have been the subject of many theories, all of which contain a great deal of truth.
[...] Although the legislatures establish laws, they are interpreted by the courts, and it is the decisions of the judges as to the meaning and application of the laws that give rise to the law. As a result, the common law has more flexibility to adapt to new circumstances and new cases. The common law system is based on the notion of stare decisis. The term comes from the Latin phrase "Stare decisis et non quieta movere", which can be translated as "stick to what has been decided and not to upset what is established". Common law decisions are called "precedents". The precedents provide guidance to judges when making decisions in similar cases. [...]
[...] How does the French legal system differ from the common law system with reference to the powers of judges and the functioning of the courts? Introduction Judicial systems differ from country to country. Two common legal systems are civil law and common law. Often the choice to use one system over another is based on the history of the country or region in question. For example, France uses the civil law and England uses the common law. The relationships, differences, and similarities between the Common Law system and the civil law system have been the subject of many theories, all of which contain a great deal of truth. [...]
[...] These decisions are persuasive, but they are not binding. When judges make new laws by interpreting legislation, their interpretation can substitute for the literal meaning of the legislation itself. However, the common law remains subject to the Constitution Act. Judicial decisions must respect the Constitution and the Charter of Rights and Freedoms. Often, legislatures will respond to court decisions by amending or enacting a new law that aligns with court decisions to "bridge the gaps" in the law established by judges. [...]
[...] The French legal system and the common law The term "Civil Law" ("droit civil" in french) can have two meanings. First, it may relate to matters of private law, such as personal injury, contractual disputes or other disputes between individuals. Private law is distinct from the criminal law. Second, the term "civil law" can also refer to a judicial system based on a civil code, such as the Civil Code of France. The civil law system is the oldest and most widespread judicial system in the world. [...]
[...] The doctrine has considerable influence in certain civil law jurisdictions where under the Common Law its influence is limited. The primordial importance of the stopping note in civil law is undeniable. Under the civil law system, judicial decisions are not enforceable against third parties. Nevertheless, the decisions of the Constitutional Court and the Administrative Court on laws and regulations are binding on all. The value attributed to judicial decisions is also accentuated by Code editors who refer in note under certain articles to a summary of the decisions. [...]
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