Question 1

When a court case is appealed in France on the grounds that a person's constitutional rights have been violated, the appeal is heard in the Constitutional Council

Accepted Answer

In France, when a case is appealed on the grounds that a person's constitutional rights have been violated, the appeal is heard by the Conseil d'État or the Cour de Cassation, depending on the nature of the case. The Constitutional Council (Conseil Constitutionnel) mainly reviews the constitutionality of legislation.

Question 2

As is the case in England and the United States, French judges may issue dissenting opinions when ruling on cases on appeal

Accepted Answer

In France, the judicial system does not allow for the publication of dissenting opinions. French court decisions are delivered collectively in the name of the French people, and individual judges do not publish separate opinions, whether concurring or dissenting, unlike in England and the United States.

Question 3

In a French criminal trial in which a victim has a civil claim against the defendant, that issue can be heard concurrently with the criminal case

Accepted Answer

In France, a victim with a civil claim against a defendant in a criminal trial can have their case heard concurrently with the criminal proceedings, allowing for the resolution of both the criminal and civil aspects within the same trial.

Question 4

Like English lawyers, French lawyers are divided into two distinct groups

Accepted Answer

The answer of Like English lawyers, French lawyers are divided...

Question 5

The method of French legal education is essentially theoretical in nature

Accepted Answer

French legal education is primarily focused on a theoretical understanding of legal principles, with a strong emphasis on learning through lectures and textbooks, rather than practical experience.

Question 6

The 1981 Security and Liberty Law curtailed the discretionary authority of the French police

Accepted Answer

The 1981 Security and Liberty Law in France actually expanded the powers of the police, rather than curtailing them.

Question 7

During a French preliminary investigation into an offense, the legal validity for detaining a suspect is determined through a writ of habeas corpus

Accepted Answer

In France, the legal process does not involve a writ of habeas corpus; instead, detention and legal proceedings are governed by the Code of Criminal Procedure, and decisions on detention are made by judicial authorities such as investigating judges or the liberty and custody judge (juge des libertés et de la détention).

Question 8

Following a French preliminary investigation into a serious criminal allegation, the merits of the case are reviewed in the chamber of instruction of a court of appeal

Accepted Answer

In the French legal system, after a preliminary investigation into a serious criminal allegation, the case is reviewed by the chamber of instruction (chambre de l'instruction) of a court of appeal to determine whether there is sufficient evidence to proceed to trial.

Question 9

The French police have the power to detain a person for up to 24 hours; if they wish to extend the period of detention, they must seek the approval of an officer above the rank of lieutenant

Accepted Answer

In France, the initial period of detention (garde à vue) can indeed last up to 24 hours, but any extension beyond this period requires judicial approval, not just the approval of a higher-ranking police officer.

Question 10

In France, witnesses who declare knowledge of a crime but refuse to answer questions posed to them by an investigating judge can be sentenced to jail for up to one year

Accepted Answer

In France, under the Code of Criminal Procedure, witnesses who are summoned to testify and declare they are aware of information concerning the case but refuse to answer questions posed by an investigating judge can indeed be sentenced to jail for up to one year. This is part of the legal framework to ensure cooperation with judicial investigations.

Question 11

An accused has the legal right in France to consult with a lawyer before his or her initial appearance before an investigating judge

Accepted Answer

In France, an accused person has the right to consult with a lawyer before their initial appearance before an investigating judge, as part of their legal rights to a fair defense.

Question 12

In France, searches and seizures are legal without a warrant if the crime is flagrant

Accepted Answer

In France, the law allows for searches and seizures without a warrant in cases of flagrante delicto, meaning if someone is caught in the act of committing a crime or immediately after, authorities have the right to conduct searches and seizures without needing a warrant.

Question 13

A French chamber of instruction has the authority to rule on the admissibility of evidence

Accepted Answer

In the French legal system, a chambre d'instruction (chamber of instruction) has the authority to conduct preliminary investigations in criminal cases and can rule on the admissibility of evidence before the case proceeds to trial.

Question 14

The most important source of French criminal law is the Penal Code

Accepted Answer

The Penal Code (Code pénal) is indeed the primary source of French criminal law, containing the definitions of criminal offenses, the penalties that can be imposed, and the general principles of law applicable to crimes and misdemeanors.

Question 15

France has abolished capital punishment

Accepted Answer

France abolished capital punishment in 1981, with the last execution having taken place in 1977.

Question 16

France does not have a procedure for bail

Accepted Answer

France does have a procedure for bail, known as "liberté provisoire," which allows for the conditional release of a suspect before trial under certain conditions, similar to bail systems in other countries.

Question 17

French trial lawyers strongly support the legal aid scheme

Accepted Answer

French trial lawyers have historically expressed dissatisfaction with the legal aid scheme, citing inadequate compensation and resources.

Question 18

While French jurors in a court of assize vote with judges to determine the guilt or innocence of the accused, they do not participate in determining the sentence

Accepted Answer

In French courts of assize, jurors do participate with judges in both determining the guilt or innocence of the accused and in deciding the sentence.

Question 19

The Security and Liberty Law (1981) has enhanced the discretionary authority of the French procurator.

Accepted Answer

The Security and Liberty Law (1981) in France was aimed at reforming certain aspects of the criminal justice system, including enhancing the powers and discretionary authority of the judiciary, which includes the role of the procurator (public prosecutor) in the legal process. This law was part of broader efforts to balance security concerns with civil liberties, and it indeed affected the prosecutorial powers, among other changes.

Question 20

In France, a fine can be imposed on a person who has committed either a crime, delit, or contravention

Accepted Answer

In French law, offenses are categorized into three main types: crimes (serious offenses), délits (less serious offenses), and contraventions (minor offenses), and fines can be imposed for violations in any of these categories.

Quiz 2: France