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The BAR : Use to people who have been called to the bar (le barreau)

To be called to the bar = être inscrit au barreau, in order to become a Baristers (attorney, judges)

Context UK : The legal profession (avocats) where the specificity is to be invited devoted between solicitors and barristers, where in France we see a lawyer to have good advice and it’s the same to who prepare an plead your case.

But in UK there is a distinction :

Soliciters prepare the case and advice but he called a barrister to ask to plead the case. A soliciter have to brief a barrister (donner des instructions et des infos pour plaider)

The word soliciter is also use to speak about a specialist in labour law or family law so not a general advocat, peut être utilise pour parler d’un notaire aussi.

A barrister at law = un avovat à la cour

Il faut donc prendre de la distance avec ces séries de lois spécifiques et ces différences. Il faut se mettre dans la peau d’un juriste anglais qui n’a pas de constitution écrite et de codes. Culture juridique très différente.

Advocacy = la plaidoirie

To plead = plaider / Pleadings = plaidoirie aussi

Barristers = have the rights of audience in Higher Court

Evidence (invariable pas de S) : proof, to prove something (preuves peuvent être écrites ou orales. The weakness speak in a trial.

To give evidence = témoigner

To mitigate = atténuer / Mitigate : attenuation

A court sentence = Une condamnation judiciare

A jell sentence, custodial sentence, prison sentence, a life sentence (réclusion criminelle à perpétuité).

Do lawyers need a specific language ?

We need to provide consistency, clarify, accuracy and because we need legal certainty. It’s difficul to have a specific language but beyond this it’s efficient to have a specific language to lawyers, to convice judges.

But in name of citizens, we have to serve them and not forget that justice has to be accessible. It’s important for people to understand what is going on. We have to try to be simple and explain what’s going on because it can be extremely frightening for lay people. The difficulty is to find an happy medium between this tow opinions.

Séance 4 :

Exposé le 2 novembre !!! (remettre un plan détaillé, glossaire, definitions précises, intro et conclu de 10lignes)

Offenses : Infraction

The statute Pleadings: denounce the use of french in english legal cases. (1362)

It contained many latine expressions, insisted of the importance of latine in French and in the English common law. One is sometimes, some legal expert consider (1250), arbiter power of the monarch, the monarch had many power on the history in our two countries.

Lettre de cachet : French monarch, very order.

In order to to fight, arrest this : It was incorporate into an act of parliament of 1976 “abeas corpus” : universal dimension.

Abeas corpus: literally having body, producing the body of prisoners before a judge. But it’s not the officially translate. They can be no arrest, no detention without charges.

Charges = chefs d’accusation, d’inculpation : synonyme de count. When a trial start, we make a list of these charges. If there are no charges against the person arrested we must to release this person. This princip very deeply rooted in English common law and also in France in the Constitution. Fighting against arbitrary detention. Deeply rooted in all democracies and it is still yet. To be a jeopardy: Today abeas corpus is very in jeopardy with terrorism. Alleged terrorist are people who have though to committed crime and he hasn’t provide guilty. (personne présumé terroriste) Person has not being tried or trailed. It’s a very controversial issue regarding alleged terrorist.

Criminal Law expression, definition of murder in English common law:

A murder is define as killing a person or causing grievous bodily harm. The acronym: GBH

There are conditions to be met:

- Is to prove “hactus reus”: the latine expression use in ECL or “guilty act” (la culpabilité), act forbidden by the law. The fact of killing a person … But this not enough to speak about a murder.

To be able to prove a murder we need others conditions:

- “mens rea”: a guilty mind, the person not only killed the victim but have too the intention to committing this crime. Intentionally. Synonyme en français de meurtre avec premeditation.

- Malice aforethought: committing an act with wrong motives, malice afore thought (forme complete) Penser à l’avance.

Topic number 3:

What the ECL is not?

Developed a comparative law approach (droit compare). Expression referring the comparative of legal systems and traditions of various part of the world. Comparative law started in Paris in 90s and was identified by a French scholar in the period of world exhibition.

Edward Lambert played also a key role in the emergence and development of the comparative law. The idea is very ambitious because it’s to develop a law common to mankind. And he tried to focus on comparative points by unify the law, develop legal corporation between the lawyers in Europe with the European Union. Ex: project of Euro-justes. Insist on some characteristic of French law in general approach. The French legal system is a part of Romano-Germanic (mixt) family of law because of historic lings in the Roman law and the Germanic customary law. (Droit coutumier)

Characteristic of French law in general : knowledges :

- written law but not systematically

- The importance of the Constitution in France. (watershed