Legal Profession & Ct Org.
- Legal Ed.
- Euro. Charact's
- Sys. approach by following codes & test @
end 2 integ. sys. approach
- Classes & big lec's
- Do it 4 all branches of law 4 2 yrs after state
- Choose branch after 2 yrs. 2 follow spec. career
- Four yrs. of school w/exam
- Entry exam 4 spec. school then take another exam
- Ask an atty 2 supervise
- Dec. a ct. then take entrance exam where 10%
- Judge v. adm'or judge go 2 dif. school
- Pass exam & B jr. judge / prosec'or
- US Charact's
- Seamless web & taught essential parts of
law w/o sys.
- Uniform ed. from law school
- Diversified ed. b/c indiv. choose apprenticeship
- Org. of Legal Profession
- Barrister prosec., prep. & arg's 2 ct.
- Solicitor sees client & arg. only in smaller
- Dif. adm. 4 fed. & each states
- Can become judge after pract'ing & have polit.
- Avocat & Avoue
- Avocat talked 2 client, arg's in ct., etc.
- Avoue only in app. level & only do paper
- Spec'ed bar 4 avocat 4 highest app. ct. / Ct
- Unitary sys. so can arg. in any ct once atty
- Restrict pract. only 2 1 locality 4 civil side
- Apply 2 Minister of Justice 2 pract. 4 higher
trial civil ct 4 1 town
- Some states also restrict 2 either trial / app.
& app. 2 1 town
- Spec. bar 4 spec'ed field
- Career judge
- Go through 2nd exam 2 B probationary judge 4
- Minister of justice appt's judges
- Minister of interior appt's adm. judges
- To become upper judge, apply
- Legal Fees & Aid
- Dec'ing Atty's Fee
- Conting. fee 4 P's atty
- Agmt on fees 4 clients
- Fixed stt. rate 4 avocat but not avoue
- Stt. fee sched. that's higher 4 small cases &
lwr 4 bigger case
- Atty charged 4
- Oral arg's
- Taking evid.
- Can K 4 higher fee but not lwr
- Conting. fees R illegal & immoral
- Legal Aid
- Legal aid where $ 2 states 4 appt'ed neighbor
- Only country w/PD 4 crim.
- Aids whether rich / poor but must meet merits
& means test
- No fee sched. 4 highest avoue
- According 2 amt in controv. but if income more
than cert. amt, no aid
- Winning Party Recov. From Loser
- Winners gen'ly can't
- But lose nothing 4 conting. fee cases if lose
- Loser pays all so there's legal ins.
- Legal ins. not cov. intentional crime, etc.
Ct Org. & Jxn
- Org. of Ct's
- Lwr cts appeal 2 same level of app. ct.
- Civil & crim.
- Civil is div'ed into civil, commerce, labor,
soc. sec., & agriculture
- Spec'ed cts 4 adm.
- Judges must B from adm'or
- Sep. of pwr
- Highest app. ct. is Cour de Cassation
- Each ct has own app. cts
- Civil crim., labor, adm., soc'al, tax 4 lwr cts
R state level
- State app. then fed. app. cts
- Spec. ct 4 adm.
- Fed. Const'al Ct @ top
- Trial de novo 4 app. cts
- Const'al cts
- In state & fed., judges appt'ed so not career
- Not full fed. structure
- Euro v. US Cts
- US cts have gen. exp.
- Euro cts have expertise so start 2 move away
from central civil law
- Civil cts give more opinion b/c no precedents
- Ct's Pwrs
- Interp'ing UnConst'ality of Stt.
- Trial ct would say unConst'al & let parties
- Apply stt. b/c no written Const.
- If promulgate stt., then Const'al
- Can't change by ct.
- Euro. Ct. on Human Rts can rev. dec's but very
- If stt. passed but not yet signed, leg. can ask
4 advisory opinion
- Could rev. decree which is from exec. side
- Const'al ct. review it & dec. unConst'al
- Case referred by lwr judge
- Ord. certiorari appeal 2 app. ct.
- Advisory opinion by govt's req.
- Pers'al Jxn
- Static v. Dynamic
- Civil law only look @ civ pro code so static
- C /L look @ ct's phys'al pwr & jxn so fn'al
- Ct's Pwr 2 Dec.
- C /L Pers'al Jxn
- Domicile w/in ct's jxn
- Min. contact w/long arm stt.
- Modernly recog. K 4 each other's jxn
- Res, domicile, & nationality 4 D but not
need 2 have lived there
- In France, domicile of P is suff.
- For legal entities, more than min. contact b/c
want domicile but could B branch office
- Corrugation / consent
- In rem
- Could have strained arg. 4 outside Euro.
- Enforcing For. Jgmt
- Good faith & credit cl.
- Euro. convention
- Enforce each other's jgmt w/o going seeing if
fair trial given except in extraord. cases
- Guideline on stand. jxn so can't have exorbitant
in rem jxn 4 agreed countries but nat'l laws apply 2 outside world
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Law School Notes
Ms. Haeji Hong