Podcast
Questions and Answers
How is the competent jurisdiction chosen?
How is the competent jurisdiction chosen?
- By the specialization of the case (correct)
- Based on judicial precedence
- By the parties involved (correct)
- Arbitrarily
Which courts are considered as the first instance?
Which courts are considered as the first instance?
- Judicial Courts (district Courts) (correct)
- Court of Appeal
- Specialized branches of law (correct)
- Supreme Court
What is the final appeal court in the judicial system?
What is the final appeal court in the judicial system?
Supreme Court
Which of the following is not a part of the judicial hierarchy?
Which of the following is not a part of the judicial hierarchy?
The Court of Appeal is a type of Specialized branch of Law.
The Court of Appeal is a type of Specialized branch of Law.
Flashcards
Competent jurisdiction
Competent jurisdiction
The court with the authority to hear a specific case.
Courts of First Instance
Courts of First Instance
Courts that initially hear cases.
Supreme Courts
Supreme Courts
Highest courts of appeal.
Specialized Branches
Specialized Branches
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Judicial Order
Judicial Order
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Study Notes
Judicial System - Competence of Courts
- Jurisdiction Selection: The diagram outlines how competent jurisdiction is chosen within different legal systems.
- Social Phenomenon: External factors like factual events influence the legal process, affecting jurisdiction selection.
- Facts/Events: Details of the case/event, such as the value of a dispute.
- Branches of Law: The diagram charts various branches such as Private Law (Civil, Commercial, Labour, Criminal), and Public Law (Administrative).
- Judicial Order: Courts structured to handle specific types of legal disputes.
- Specialized Branches of Law: Courts focusing on specific legal areas (e.g., Labour Court for labour disputes).
- First Instance Courts: Initial courts handling cases.
- Courts of Appeal: Higher courts for reviewing decisions from lower courts.
- Supreme Courts: Highest courts in the system, offering final appeals on specific legal categories.
- Supreme Court of Cassation: The highest court in the French system, focusing on legal points, not factual review.
- Justice of Peace: A lower court dealing with cases below a certain financial value (>5,000€ in the diagram).
- Judicial Courts: Courts handling cases above a certain financial threshold (>5,000€ in the diagram).
- Commercial Courts: Specialized courts for commercial disputes.
- Labour Courts: Specific for labour-related cases.
- Criminal Courts: Courts handling criminal cases.
- Administrative Courts: Specialized in administrative law cases.
Judicial Systems Comparison
- Common Points: A comparison of judicial systems (France, USA, UK, Spain) highlights shared and differing court structures.
- Supreme Courts: Each country has a supreme court as a highest court.
- Courts of Appeal: Intermediate court level exists between supreme and first instance, for many.
- First Instance Courts: Local/Regional courts are the first court to hear the case.
- Types of Cases/Jurisdiction: Different countries group cases under common headings (e.g., civil, criminal) but may have different specific divisions.
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