COURT OF
Dictionary of Science, Literature and Art · 1842 · p. 8
The highest judicial institution in France; so termed from po e ing the power to quash (ca er) the decrees of inferior courts. It is a court of appeal in criminal as well as civil cases. The tribunal of ca ation was first introduced, as a court wholly independent of the king and his council, in 1790. This court has a president, and three presidents of sections; but the minister of justice, as keeper of the seals {garde des sceaux), has the right of presiding in cases where it sits on appeal from the cours royales. The three sections are, — 1. Des requetes, which decides on the admi ibility of petitions of appeal in civil cases; 2. De ca ation civile; 3. De ca ation criminelle. The decision of the court of ca ation has the effect of sending back the case to the inferior courts. If, after a decision has been reversed, a second court decides the same case in the same way, on appeal being entered again the court of ca ation must either repeat its reversal by the unanimous consent of all the three sections, or it must request an authentic explanation of the law from the government; and, after a third conflicting decision, such authentic explanation becomes absolutely nece ary. The inferior judges of the three sections of the court of ca ation are styled counsellors. [s. 212]
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