Appeal Procedure and Devolutionary Effect in Judicial Decisions

Extract

[...] - Ordinance:" In judicial matters, an ordinance refers to the decision taken by a judge who sits alone. This particular judicial procedure was put in place due to the urgency of the case in question or at least to temporarily resolve a situation that is likely to worsen. For example, in divorce disputes, ordinances are regularly taken to fix the amount of alimony or to resolve the issue of child custody. - Appeal Rate: The appeal rate refers, in statistics, to the ratio, in percentage, between the number of decisions rendered that are subject to an appeal and the number of decisions rendered that can be subject to an appeal. [...]

[...] - Rejection judgment / cassation judgment: The Court of Cassation, responsible for verifying the correct application of the law by lower civil or penal jurisdictions, can take 2 types of judgments when it pronounces itself in a case: it may be a matter of rejection judgments or cassation judgments. A judgment of the Court of Cassation is said to be 'of rejection' when the Court of Cassation does not agree with the argumentation proposed by the applicant who has filed an appeal against the decision of last resort. In other words, a rejection judgment is a judgment in which the Court of Cassation rejects the appeal filed, considering that the judges of the fact have correctly applied the law. The appeal is then declared inadmissible or unfounded. [...]

[...] - Appeal: Action by which a litigant brings their judicial dispute to a jurisdiction that will then study the receivability and the substance of their 'claims'. In civil matters, the appeal is made when the litigant files a copy of the summons or a joint request, or a request or declaration with the secretariat of the jurisdiction. In administrative law, the appeal to the administrative judge is made by filing the introductory request for proceedings with the registry. After the broadcast of the speech delivered by Eric Zemmour at the 'Convention of the Right', the Higher Audiovisual Council (CSA) received 'nearly 400' appeals. [...]

[...] In his trial for tax fraud and money laundering, Patrick Balkany was represented by lawyer Eric Dupond-Moretti. - « Authority of the thing judged: « The 'authority of the thing judged' is a general principle of law. It designates the authority attached to a 'judicial act' which leads to the prohibition of contestation other than through the 'legally open avenues of appeal'. There is 'authority of the thing judged' when the request is identical, brought by the same parties and on the same grounds. [...]

[...] The request addressed to the jurisdiction has the effect of seizing it. To this end, the party must expose the points of the dispute, the means invoked and the elements provided to the file. - Appeal: The appeal designates an ordinary means of appeal by which a party not satisfied with the judicial decision rendered 'in first instance' requests a re-examination in law and in fact by an Appellate Court. For example, judgments rendered by administrative courts are susceptible to being the subject of an appeal before the administrative courts of appeal. [...]