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French Litigation > The Actors > Flashcards

The Actors Flashcards

1
Q

Garde des Sceaux

A

“Keeper of the Seals” - Minister of Justice

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2
Q

Ministry of Justice

A

Responsible for the organization and administration of the courts; oversees the judges and prosecutors

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3
Q

Ecole Nationale de la Magistrature (ENM)

A

The National Judicial Academy located in Bordeaux where Judges and Prosecutors are trained

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4
Q

traitement

A

Salary paid to judges by the State

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5
Q

Inamovabilite

A

Tenure - Judges must consent to any new position, even a promotion

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6
Q

Conseil Superieur de la Magistrature

A

National Judicial Council - Judges’ Disciplinary body

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7
Q

Faute Lorde

A

Gross negligence - when a judge acts with gross negligence, or is otherwise responsible for a denial of justice, the injured party may hold State civilly liable

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8
Q

Principle of Collegiality

A

Opinion of the tribunal is united, no dissents allowed

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9
Q

Juge des Enfants

A

Juvenile Court Judge

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10
Q

Juge de l’Expropriation

A

Expropriations Judge

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11
Q

Juge des Tutelles

A

Guardianship Judge

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12
Q

Juge de l’Execution

A

Judge in charge of executing judgments

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13
Q

Juge aux Affaires Familiales

A

Family Judge

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14
Q

Barreaux

A

Regional Bars in which all practicing lawyers must be registered

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15
Q

Inscrits au Tableau

A

Lawyers enroll into the Bar that serves their region

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16
Q

Conseil d’Ordre

A

Elected committee that governs each bar and manages disciplinary issues with lawyers

17
Q

Batonnier

A

Head of the Conseil d’Ordre; first to see complaints against lawyers and determine if the issue should go further; can also compel a lawyer to take on a case

18
Q

Conseil National des Barreaux (CNB)

A

National group of Bars

19
Q

Ecole de Formation Professionelle des Barreaux (EFB)

A

French Bar School - After Masters in law degree, spend 18 months at EFB including traineeship

20
Q

Certificat d’Aptitude a la Profession d’Avocat (CAPA)

A

Lawyers’ licensing examination

21
Q

Reglement Interieur National (RIN)

A

Lawyers’ additional code of ethics set out by the Conseil Nationale des Barreaux

22
Q

Secret Professionel

A

Nonwaiveable Duty of Confidentiality which covers all information exchanged between lawyer and client, and between lawyer and opposing counsel

23
Q

Caisse de Reglements Pecuniaire des Avocats (CARPA)

A

Deposit account for client funds - Lawyer must deposit client funds s/he is handling

24
Q

Le Ministere Public/Le Parquet

A

The Office of the Prosecutor - Role is to defend public interest. May intervene on a case and give persuasive advice on the correct application of the law. May also bring cases as the “partie principale” on behalf of the public.

25
Q

Procureurs de la Republique

A

Prosecutors in the Tribunal de Grande Instance

26
Q

Procureur

A

Prosecutor - Same academic training as judges and may go on to become a judge

27
Q

Procureur Generaux

A

Prosecutors in the appeals court

28
Q

Hussiers de Justice

A

Bailiff - Responsible for inter alia official service of notice to defendant, assisting in enforcement of judgments

29
Q

La Greffe

A

Court Clerks/Registrars - Responsible for adminsitrative tasks, like compiling the Dossier

30
Q

Secretariat-Greffe

A

Clerk’s Office

31
Q

Greffier en Chef

A

Chief Clerk

32
Q

Ecole Nationale des Greffes (ENG)

A

National Registrar’s College where clerks train

33
Q

Avocats au Conseil

A

Advocates of the Supreme Court - Have the exclusive right to appear before the “Conseil d’Etat” and the “Cour de Cassation”. Must buy the right from a retiree. Currently about 90 practicing in France.

34
Q

Avoues

A

Abolished and merged into all “avocats”, but used to have exclusive right to appear before courts of appeal

French Litigation (3 decks)

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