However, the legislators do not let citizens engage in gambling that is related to other sports, such as baseball, football, basketball and soccer. Injured but unsure if you have a case? Request a Consultation. Visit a Location. Appeals are heard in a Cour d'Appel or Court of Appeal, a "second degree court". In France, there is a fundamental right of appeal in all cases.
In exceptional circumstances, judgments of the Appeal Court can be contested at the highest level, the Cour de Cassation, the French Supreme Court in matters of private law. The most serious criminal offences, notably murder and rape, will be referred to a Cour d'Assises, or Assize court, where they will tried by jury. Complaints or litigation concerning public officials in the exercise of their office are heard in Tribunaux Administratifs, or Administrative Courts.
For example, universities or public academic institutions are regularly taken to court over claimed irregularities in the organization of exams. As in the private law system, appeals can be lodged, in this case with the Cour administratif d'appel, or Administrative appeals court. The highest echelon, the Supreme Court for public law, is the Conseil d'Etat, or Council of State, the body ultimately responsible for determining the legality of administrative measures.
Click here to see the Library Hours. E-mail us: reference law. Call us: Follow us:. Follow us: lsulawlibrary. Come see us: 1 E. Campus Dr. It looks like you're using Internet Explorer 11 or older. This website works best with modern browsers such as the latest versions of Chrome, Firefox, Safari, and Edge. To this day, Louisiana enjoys the distinction of being the only state in the United States to have a civil law system rather than a common-law system.
This means that judges in Louisiana are obligated to look first to written laws for guidance in reaching their decisions. If no statute directly governs the dispute, judges may base their decisions on established custom. Article 3 defines custom as a "practice repeated for a long time and generally accepted as having acquired the force of law. Hence, Louisiana judges do not make law with their decisions; rather, the code charges them with interpreting, as closely as possible, what has been written and passed by the legislature or long established by custom.
Louisiana judges, unlike their common-law counterparts, are not bound by judicial precedent. Louisiana's civil code does not recognize the binding force of precedent. Although Louisiana is generally called a civil law state, its code is imbued with some common-law features, making it a hybrid of the two traditions. As a result, Louisiana judges operate under administrative rules that differ from those found in other civil law jurisdictions. For example, whereas European judges actively elicit the facts in a controversy and seldom use a jury, Louisiana judges operate more like their common-law colleagues, assuming the role of neutral and passive fact finder or arbiter, and leaving the final decision to a jury.
Oral argument is generally absent in a pure civil law proceeding, whereas Louisiana's procedural and evidentiary rules allow oral presentations, resulting in trials that are closer to those found in a common-law court.
Finally, European courts allow almost unlimited discovery by the accused in a lawsuit, whereas Louisiana's procedural and evidentiary rules place certain restrictions on such discovery. Civil law systems differ from common-law systems in another important way: in a common-law jurisdiction, appellate courts, in most instances, may review only findings of law.
0コメント