Cassation Sentence Examples
The cour de cassation can review the decision of any other tribunal, except administrative courts.
The Court of Cassation does not give the ultimate decision on a case; it pronounces, not on the question of fact, but on the legal principle at issue, or the competence of the court giving the original decision.
Italy has courts of cassation at Rome, Naples, Palermo, Ttirin, Florence, 20 appeal court districts, I62 tribunal districts and 1535 mandamenti, each with its own magistracy (pretura).
Appeal may be made from the sentences of the pretori to the tribunals, and from the tribunals to the courts of appeal; from the assize courts there is no appeal except on a point of form, which appeal goes to the court of cassation at Rome.
Even the first president of the Rome court of cassation only receives f6o0 a year.Advertisement
The courts of appeal and cassation, too, often have more than they can do; in the year 1907 the court of cassation at Rome decided 948 appeals on points of law in civil cases, while no fewer than 460 remained to be decided.
The system established by the law of 1864 is remarkable in that it set up two wholly separate orders of tribunals, each having their own courts of appeal and coming in contact only in the senate, as the supreme court of cassation.
From the town The judge (ispravnik), who, in spite of the principle laid ordinary down in 1864, combines judicial and administrative functions, an appeal lies (as in the case of the justices of the peace) to an assembly of such judges; from these again there is an appeal to the district court (okrugniya sud), consisting of three judges; 4 from this to the court of appeal (sudebniya palata); while over this again is the senate, which, as the supreme court of cassation, can send a case for retrial for reason shown.
The senate, as supreme court of cassation, has two departments, one for civil and one for criminal cases.
A supreme court of appeal, which also discharges the functions of a court of cassation, sits at Canea.Advertisement
He names all the judges for criminal and civil cases, other than the juges de paix (magistrates) and the judges of the Cour de cassation, without having the power to discharge them."
The court of cassation quashed the sentence, through defect of form, but sent Babeuf for a new trial before the Aisne tribunal, by which he was acquitted on the 18th of July.
He became a professor at the Turkish naval college; then entered the legal branch of the Turkish service, rising to the post of procureur imperial at the court of cassation.
In 1865 the court of cassation was founded.
A commercial tribunal, a court of appeal and the court of cassation are also in Belgrade.Advertisement
The Cour de Cassation has a peculiar judicial sphere.
The Cour de Cassation never tries a case itself except when a minister of state is the accused.
Justice is represented by the gmina tribunals, which correspond to those of the mir in Russia; the justices of the peace (nominated by government); the syezd, or " court " of the justices of the peace; the district tribunals (assizes) in each government; and the Warsaw courts of appeal and cassation.
After its dissolution he became president of the court of cassation.
Appeal to the Rome court of cassation is admitted against all penal and civil sentences.Advertisement
The law courts, including the court of cassation, three courts of appeal, eight local courts, and 115 district courts, were put under Japanese judges, and the codification of the laws was undertaken.
In 1838 he bought for 330,000 francs Desire Dalloz's place in the Court of Cassation.
He made a rich and romantic marriage in 1843, and in 1846 disposed of his charge at the Court of Cassation to give his time entirely to politics.
Napoleon named him inspector-general of the law schools, then judge of the court of cassation.
On the 2nd of April the Cour de Cassation quashed the proceedings.Advertisement
There is a further appeal in all cases where the sum in dispute exceeds a thousand pounds, to a superior council at Brussels, composed of a number of jurisconsults who sit as a tour de cassation.
Any appeal from the departmental courts is brought before the appeal courts of Bucharest, Craiova, Galatz or Jassy; and thence, if necessary, to the supreme tribunal, or court .of cassation (Curtea de Casatie), which sits in Bucharest.
Civil cases, on the other hand, are tried in the first instance before one of the two aldermen, who act as deputies of the viguiers; the judgment of this court may be set aside by the civil judge of appeal, an officer nominated by France and the bishop of Urgel alternately; the final appeal is either to the Court of Cassation at Paris or to the Episcopal College at Urgel.
Having been appointed president of one of the chambers of the court of cassation, he devoted himself entirely to judicial work until his retirement, under the age limit, on the 31st of May 1860.
Under the Directory he entered the Council of the Five Hundred (of which he was president during the month of Nivose, year IV.), was a member of the Tribunal of Cassation, plenipotentiary at the Congress of Rastatt, and became a director in the year VI.
The highest judicial authority in Servia is the Court of Cassation, created in 1855 and reorganized in 1865.
It was not till the Cour de Cassation ordered a further investigation, and on the 12th of July 1906 decided that his conviction had been based on a forgery and that Dreyfus was innocent, that the agitation came to a final conclusion.
He was placed in the office of the conventionel Jean Mailhe, who was advocate before the council of state and the court of cassation and was proscribed at the second.
On his return he was appointed commissaire du roi in the court of cassation.
After the close of the National Assembly he was nominated one of the judges of the newly instituted court of cassation from October 1791 to September 1792.
There is in Madrid a Supreme Court, which is modelled upon the French Cour de Cassation, to rule on points of law when appeals are made from the decisions of inferior courts, or when conflicts arise between civil and military jurisdiction.
The highest tribunal in France is the cour de cassation, sitting at Paris, and consisting of a first president, three, sectional presidents and forty-five conseillers, with a ministerial staff (parquet) consisting of a procureur-general and six advocatesgeneral.
The Roman court of cassation is the highest, and in both penal and civil matters has a right to decide questions of law and disputes between the lower judicial authorities, and is the only one which has jurisdiction in penal cases, while sharing with the others the right to revise civil cases.
It is the supreme court of cassation (see Judicial System, below); an audit office, a high court of justice for all political offences; one of its departments fulfils the functions of a heralds' college.
Under the consulate he accepted a modest place in the court of cassation, where he soon became procureur-general.
Subsequently, in pleading before the court of cassation on behalf of one of the rioters, he secured the annulling of the judgments given by the council of war.
The city is the seat of a court of cassation (for civil cases only), of a court of appeal, besides minor tribunals.
Brisson had at last remitted the case to the judgment of the court of cassation, he formed a cabinet of Republican concentration.
Dupuy proposed a law in the chamber transferring the decision to a full court of all the divisions of the court of cassation.
Justice is administered by a supreme court, two courts of appeal, and the court of cassation, which sit in San Jose, and are supplemented by various inferior tribunals.
The courts of law in their order are Cour de Cassation, Cour d'Appel, Cour de Premiere Instance, and the Juge de Paix courts, one for each of the 342 cantons.