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French Litigation > Procedure > Flashcards

Procedure Flashcards

1
Q

Tribunal de Grande Instance

A

Court of general jurisdiction

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2
Q

Audience

A

Hearings before the full court - usually brief, focusing on a discussion between litigants

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3
Q

Dossier

A

File maintained by the Greffe which contains all documents pertaining to a case

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4
Q

Principe de la Contradictoire

A

“Adversarial Principle’ or “Due Process” which requires that each party should see or hear the others’ facts, arguments, and evidence in enough time for them to be able to counter them and defend themselves

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5
Q

Enquete

A

The (rare) questioning of a witness during an “audience”; witness must appear on pain of a fine

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6
Q

Moyens de droit

A

Legal grounds of a claim - Judge may choose the correct legal grounds notwithstanding those put forth by the litigants

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7
Q

Faits Adventices

A

The facts in a parties’ submission upon which it bases its claim(s)

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8
Q

Amiable Compositeur

A

When expressly authorized by the litigants, a judge may base a decision on fairness

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9
Q

Equite

A

Fairness

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10
Q

“Conclusions” of “le parquet”

A

An intervening prosecutor’s persuasive observations on the correct application of law; may be published in order to explain the rationale of an important decision

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11
Q

Partie Prinicpale

A

Claimant - a Prosecutor may initiate a case on behalf of the public

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12
Q

Juge du Fond

A

A judge that analyzes the factual and legal issues at first instance or on appeal

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13
Q

Pourvoi en Cassation

A

Extraordinary Recourse in which the Cour de Cassation reviews the application of law put forth by a “juge du fond”

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14
Q

Action

A

Open to all persons who have a legitimate interest in the success or failure of a claim, whether the initial claim or a defense

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15
Q

Interest

A

pecuniary or moral advantage or prejudice that would result from a certain judgment

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16
Q

ne et actuel

A

Condition that an interest must be actual and personal in order for a litigant to have standing

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17
Q

droits subjectif

A

personal rights - can also include collective interests promoted by legally recognized unions and associations

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18
Q

Tribunal d’Instance

A

Small Claims Court

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19
Q

En Matiere Gracieuse

A

A case brought before the Tribunal de Grande Instance without a dispute - divorce, adoption

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20
Q

Assignation

A

Initiates the litigation process before the Tribunal de Grande Instance. Contains:

  • Name of clients and lawyers
  • “objet” of the claim
  • “moyens en fait et en droit”
  • The court
  • Evidentiary documents
  • Notice to the Defendant
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21
Q

“Conclusions” of the parties

A

Written submissions setting out the “moyens en fait et en droit”

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22
Q

Moyens en fait et en droit

A

The legal and factual grounds upon which a claim rests

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23
Q

Actes de Procedure

A

Procedural steps set out by the judge

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24
Q

communication des pieces

A

Spontaneous exchanging of documents between parties; no court order required

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25
Requete conjointe
Less combative initiation of litigation process where litigants jointly submit the issues upon which they differ
26
Jugement repute contradictoire
Judgment against a D which is "deemed to be heard on both sides" when D fails to appear; D may appeal
27
Jugement Contradictoire
(Discretionary) Judgment "heard on both sides" made when either party fails to comply with procedural steps
28
Radiation
(Discretionary) Removal of a case from a docket when either party fails to comply with procedural steps
29
Defense au Fond
D disputes a claim on the merits
30
Exception de procedure (D)
Defense, which must be brought before "defenses au fond" which challenges procedural aspects of the claim - jurisdiction
31
Fin de non-recevoir
Defense wherein D challenges Claimant's right to bring the case - lack of standing, expiration of statute of limitations; may be brought at any time
32
Demande en Compensation
D may bring a claim for set-off if sufficiently related to initial claim
33
Demande reconventionelle
D may bring a counter-claim if sufficiently related to initial claim
34
Intervention Forcee
Litigant may bring in a third party D at any stage if there is a sufficient connection to the proceedings
35
Appel en garantie
Claim for indemnity - most common reason for an "Intervention Forcee"
36
Intervention Volontaire
3rd party may join a suit voluntarily at any stage if there is sufficient connection to the proceedings
37
Juge des referes
Judge who orders interim measures in pre-litigation special proceedings which are not on the merits of the case; initiated by "assignation" - Urgent cases - manifestly illegal conduct - uncontested obligation
38
Trouble manifestement illicite
Manifestly illegal conduct which can be enjoined by "juge des refere" even where the order is contested; no requirement of urgency
39
Obligation de faire
Uncontested obligation to do something - can be ordered by the "juge des referes"; no requirement of urgency
40
Astreinte
financial penalty for failure to comply with court order
41
Preliminary "Conference"
Pretrial hearing before the President of the court who decides if the case is ready to proceed to trial
42
Renvoi a l'audience
Case is ready to proceed to trial
43
Circuit Court
"Short route" to trial where President decides case is ready for trial after the first pretrial hearing
44
Juge de la Mise en Etat
Initiates or grants parties' requests for further documentation to prepare a case for trial; President sends case to this judge after pretrial hearing
45
Exceptions de procedure (Juge)
"Juge de la Mise en Etat" may amend "actes de procedure" of a case in the instruction phase
46
Mesures d'Instruction
Orders granted by "juge de la mise en etat" or "juge du fond" at any stage of the trial relating to the gathering of evidence - verifications personelles - comparution personnelle - attestations - technical info/advice (Expert)
47
En temps utile
"Within a reasonable time" documents must be exchanged between parties or they will be excluded
48
Production forcee d'une piece
(Rare) Party may request the court to order production of a specified document that may be harmful to opponents case; court decides if the request is "founded"
49
Empechement legitime
"legitimate grounds" - A 3rd party ordered (ex parte) to produce a document may challenge the order on legitimate grounds; decision is susceptible to interlocutory appeal
50
verifications personnelles
Judge, accompanied by the parties, may "verify in person" the object of litigation - piece of land
51
Comparution Personnelle
Deposition before the judge in public or in chambers
52
proces-verbal
Signed record of the "Comparution Personnelle"
53
Attestations
Signed written depositions provided by 3rd party witnesses; collected by the parties, no contact with lawyers
54
contre-enquete
Counter-witness oral testimony
55
Constatation
Factual information provided by an Expert; if misinterpreted decision may be quashed
56
Consultation
Advice provided by an Expert
57
Plaidoiries
Oral arguments of each party at "L'audience"
58
Voie de Recours
Means of overturning a judgment; Ordinary or Extraordinary
59
Appel
An ordinary "voie de recours" where court reviews entire or specific issues of a case and re-decides as a matter of fact and law; may add evidence and facts and/or change legal basis of claim; may add a claim which is "accessory, consequential, or complementary"
60
Principe du double degre de jurisdiction
Person is entitled to have their case decided twice
61
Opposition
Special procedure by which party who failed to appear on appeal can have the "jugement par defaut" set aside if notice was not personally served; court re-examines the case de novo on fact and law
62
jugement par defaut
judgement against respondent who failed to appear on appeal
63
Procureur General
Member of the "ministere public" - may challenge Cassation judgment in the interest of protecting the honor of legal principles or on the ground of "exces de pouvoir" infringement on separation of powers
64
La Gratuite de la Justice
Principle that justice should be free
65
Frais
Costs associated with civil litigation
66
Depens
legally prescribed list of expenditures which are recoverable by the winner
67
L'aide Juridique
Legal aide; State can recover if aided party wins
68
l'aide a l'acces au droit
aide for legal advice
69
l'aide jurisdictionelle
aide for civil or criminal litigation
70
bureaux d'aide jurisdictionelle
Body composed of magitrates, judges, lawyers, consumers which approves application for legal aide
71
saisies a fin simplement conservatoire
Seizure of debtor's property to avoid its disposal
72
saisies a fin d'execution
Seizure of property to satisfy a debt
73
saisies-apprehensions and saisies-revendications
Specific restitution of tangible property

French Litigation (3 decks)

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