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Preliminary Comments: What is the Law?

• Law is defined as a body of behavioral rules dictated and sanctioned by society, imposed on members of society. (G. Cornu, Vocabulaire juridique)
• Positive law (droit positif) is the body of rules currently in force. It applies to all subjects of law within a given territory, and is subject to sanctions for non-compliance.
• Subjective rights (droits subjectifs) are the prerogatives (rights) recognized by positive law, either individually or collectively, belonging to subjects of law.

Law on Majority Age

• Majority age is part of positive law.
• Once a person reaches the age of majority, they have subjective rights such as voting, going to a club, or ordering a beer.

Types of Law

• Law is categorized into public law and private law.
• Public law includes constitutional law, environmental law, and collectivities law.
• Private law includes civil law, commercial law, consumer law, intellectual property law, company law, tax law, labor law, and criminal law.

Test Yourself #1: Question 1

• Being able to claim ownership of a purchased computer is a subjective right.

Test Yourself #1: Question 2

• Not being able to steal without fear of sanctions is part of positive law (a multiple choice question, other possible answers are available too.)

Test Yourself #1: True/False

• Rules about not smoking in Audencia halls, respecting elders, or paying alimony are part of positive law. Laws aim at reaching goals in this world not the heavens.

Case Study #1

• The year is 2155, and machines have taken over Planet Earth.
• The machines have instituted a highly technological surveillance system to prevent humans from regaining power.
• Part of this system is a law prohibiting wearing baseball caps in public places because the machines find this a good way to distinguish humans and track them.

Part I- Who Are the Actors of the Law?

• Judges/magistrates in France are divided into seated judges (magistrats du siège) and standing judges (magistrats du parquet).
• Seated judges are immovable, independent, and impartial, who apply laws, impose sanctions and make decisions. They are considered real judges.
• Standing judges decide whether or not to open a case, investigate, defend public interest, and enforce judicial decisions and conduct investigations.

Auxiliaries of Justice (Legal Professionals)

• Auxiliaries of justice include clerks (greffier), experts, conciliators, attorneys, notary public, public officers, bailiffs/hussiers. These professionals assist judges and parties in legal procedures, and/or provide support during procedures.

Test Yourself #2

• This section asks to identify whether actions in a theft scenario (reporting, arguments, sentencing and indemnification) are handled by seated judges (magistrats du siège) or standing judges (magistrats du parquet).