Tribunal d'instance
Encyclopedia
In France
, the Tribunal d'instance (literally "Court of First Instance"), is a judicial inferior court of record of first instance for general civil suits and includes a criminal division, the Police Court (tribunal de police), which hears cases of misdemeanors or summary offences (contraventions). Having original jurisdiction
, the Court's rulings may be appealed to a French appellate court or Supreme Court
. The court was formally known as a Justice of the Peace Court (justice de paix) until the judicial restructuring of 1958.
In the Court, proceedings are conducted based on oral testimony and arguments, and, unlike in higher courts, legal counsel is not mandatory.
Other judicial courts of original jurisdiction are:
Claims over 10,000 euros, unless in the above exclusive areas of law, fall under the civil jurisdiction of superior courts.
France
The French Republic , The French Republic , The French Republic , (commonly known as France , is a unitary semi-presidential republic in Western Europe with several overseas territories and islands located on other continents and in the Indian, Pacific, and Atlantic oceans. Metropolitan France...
, the Tribunal d'instance (literally "Court of First Instance"), is a judicial inferior court of record of first instance for general civil suits and includes a criminal division, the Police Court (tribunal de police), which hears cases of misdemeanors or summary offences (contraventions). Having original jurisdiction
Original jurisdiction
The original jurisdiction of a court is the power to hear a case for the first time, as opposed to appellate jurisdiction, when a court has the power to review a lower court's decision.-France:...
, the Court's rulings may be appealed to a French appellate court or Supreme Court
Court of Cassation (France)
The French Supreme Court of Judicature is France's court of last resort having jurisdiction over all matters triable in the judicial stream but only scope of review to determine a miscarriage of justice or certify a question of law based solely on points of law...
. The court was formally known as a Justice of the Peace Court (justice de paix) until the judicial restructuring of 1958.
In the Court, proceedings are conducted based on oral testimony and arguments, and, unlike in higher courts, legal counsel is not mandatory.
Other judicial courts of original jurisdiction are:
- Magistrate courts (juge de proximité) - for small claims and petty misdemeannors
- Superior courts (tribunal de grande instance) - handles complex suits and has a criminal section, the Criminal Court (tribunal correctionnel), that hears cases involving minor felonies or indictable offences (délits)
- Business Tribunal (tribunal de commerce)
- Labor Tribunal (Conseil des prud'hommes)
- Land Estate Court (tribunal paritaire des baux ruraux)
- Social Security Court (tribunal des affaires de sécurité sociale)
Degrees of jurisdiction
As a general rule, the French court system is divided into three degrees of jurisdiction:- Original or general jurisdiction for the first hearing of cases;
- Appellate jurisdiction for appeals from lower courts;
- Courts of last resort for appeals from appellate courts on the interpretation of law.
Duties
The Court has civil jurisdiction over personal property claims, monetary claims not exceeding 10,000 euros, and other civil actions for which the court has exclusive jurisdiction, those being:- Private property leases
- Disputes relating to the elections of personnel delegates.
- the distance questions and height of the plantations.
- the movable credit to the consumption up to €21,500.
- Asset seizure
- Defamation suits
- Guardianship of minorsMinor (law)In law, a minor is a person under a certain age — the age of majority — which legally demarcates childhood from adulthood; the age depends upon jurisdiction and application, but is typically 18...
and disabled persons - Voter registration
Claims over 10,000 euros, unless in the above exclusive areas of law, fall under the civil jurisdiction of superior courts.
See also
- Justice in FranceJustice in FranceIn France, judges are considered civil servants exercising one of the sovereign powers of the state, and, accordingly, only French citizens are eligible for judgeship. France's independent judiciary enjoys special statutory protection from the executive branch...
- Court of Cassation (France)Court of Cassation (France)The French Supreme Court of Judicature is France's court of last resort having jurisdiction over all matters triable in the judicial stream but only scope of review to determine a miscarriage of justice or certify a question of law based solely on points of law...
- Cour d'assisesCour d'assisesA French cour d'assises or Assize Court is a criminal trial court with original and appellate limited jurisdiction to hear cases involving defendants accused of major felonies or indictable offences, or crimes in French, and one of the few to be decided by jury trialUnder French law, a crime is any...
- Juge d'instruction