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Like the German Federal Constitutional Court

by | Dec 1, 2023 | Posted Questions

QUESTION 1

  1. Like the German Federal Constitutional Court, the French Constitutional Council can strike down any law as unconstitutional when it is challenged by any person.
  2. True
  3. False

QUESTION 2

  1. The writings of academic scholars are more important in the French legal system than in the English legal system.
  2. True
  3. False

QUESTION 3

  1. Most countries of the world use a trial by jury, and juries have a long tradition in both the English law and Roman law traditions.
  2. True
  3. False

QUESTION 4

  1. Which of the following is NOT a due process right at English common law?
  2. Prohibition on in absentia trials
  3. Right to remain silent
  4. Right to truth
  5. Right to exclusion of unlawfully-obtained evidence
  6. Right to trial by jury

QUESTION 5

  1. Name one difference between the written decisions of French judges and the written decisions of English judges.?

QUESTION 6

  1. How does the French Civil Code differ from the German Civil Code?

QUESTION 7

  1. Articles 4 and 5 of the Napoleonic Code prohibit judges from “making” law the way English judges do. Why is this provision hard to enforce?

QUESTION 8

  1. How are French judges more powerful at trial than English judges?

QUESTION 9

  1. How does the European Court of Human Rights contribute to convergence between adversarial and inquisitorial systems of criminal procedure?

QUESTION 10

  1. What is France’s highest court of appeal in ordinary private law cases, such as contract disputes, torts, and criminal prosecutions?
  2. Court of Cassation
  3. Court of Assize
  4. Council of State
  5. Constitutional Council
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