1.

De Facto

De facto is a Latin expression that means “actual” (if used as an adjective) or “in practice” (if used as an
adverb). In legal terms, de facto is commonly used in contrast to de jure, which means “by law.”
Something, therefore, can emerge either de facto (by practice) or de jure (by law).

And what of the plastic red bench, which has served as his de facto home for the last 15 years and must
by now be a collector’s item? (NY Times)

2. Vis-à-Vis

The literal meaning of this French expression is “face to face” (used as an adverb). It is used more widely
as a preposition though, meaning “compared with” or “in relation to.”

It’s going to be a huge catalyst in moving the whole process forward and it really strengthens the U.S.
position vis-a-vis our trading partners (Yahoo! News)

3. Status quo

This famous Latin expression means “the current or existing state of affairs.” If something changes the
status quo, it is changing the way things presently are.

Bush believes that the status quo — the presence in a sovereign country of a militant group with
missiles capable of hitting a U.S. ally — is unacceptable. (Washington Post)

4. Cul-de-sac

This expression was originated in England by French-speaking aristocrats. Literally it means “bottom of a
sack,” but generally it refers to a dead-end street. Cul-de-sac can also be used metaphorically to express
an action that leads to nowhere or an impasse.

But the code of omerta was in effect for two carloads of fans circling the cul-de-sac to have a look at the
house. (Reuters.com)

A cul-de-sac of poverty (The Economist)

5. Per se

Per se is a Latin expression that means “by itself” or “intrinsically.”

The mistake it made with the Xbox is that there is no game console market per se; there are PlayStation,
GameCube, and Xbox markets. (PCMag.com)

6. Ad hoc

Ad hoc, borrowed from the Latin, can be used both as an adjective, where it means “formed or created
with a specific purpose,” and as an adverb, where it means “for the specific purpose or situation.”
The World Bank’s board on Friday ordered an ad hoc group to discuss the fate of President Paul
Wolfowitz (CNN)

The nature of legal systems

Unlike English-speaking countries, which use a system of "Common Law", France has
a system of "Civil law".
Common law systems are ones that have evolved over the ages, and are largely based
on consensus and precedent. Civil law systems are largely based on a Code of Law.
Worldwide, Common Law forms the basis of the law in most English-speaking
countries, whereas Civil law systems prevail in most of the rest of the world, with the
notable exception of many Islamic nations and China.
In line with the democratic principle of the separation of powers, the French judiciary -
although its members are state employees - is independent of the legislative authority
(government).

2. The origins of the French legal system

The basis of the French legal system is laid out in a key document originally drawn up in
1804, and known as the Code Civil, or Code Napoléon, (Civil code or Napoleonic code)
which laid down the rights and obligations of citizens, and the laws of property, contract,
inheritance, etc.. Essentially, it was an adaptation to the needs of nineteenth-century
France of the principles of Roman law and customary law. The Code Civil remains the
cornerstone of French law to this day, though it has been updated and extended many
times to take account of changing society. There are other codes, including notably the
Code Pénal, or Penal code, which defines criminal law.

3. The making of law

Laws in France, as in other democratic countries, are generally proposed by the
Government of the day, and must be passed by the two houses of the French Parliment,
the National Assembly and the Senate. They become law as from the date on which they
have been passed by Parliament, signed into law by the President, and published in the
Journal Officiel, or Official Journal. Statutory instruments (décrets, ordonnances)
become law on signing by the minister(s), and being published in the Journal Officiel.
Publication in the electronic version of the J.O. is sufficient.

4. The two branches of French law

Unlike the English-speaking countries, France has a dual legal system; one branch,
known as Droit public, or Public law, defines the principles of operation of the state and
public bodies. This law is applied generally through public law courts, known as les
Tribunaux administratifs. The other system, known as Droit privé, or private law, applies
to private individuals and private bodies.

4.1. Private law - le droit privé

This is the basic law of the land. It is administered through the judicial courts.
There are two judicial channels, a) those dealing with civil litigation, and b) those dealing
with criminal offences
a) Basic civil litigation concerning private individuals is dealt with by a local court,
known as a Tribunal d'Instance, or by a regional or departmental court known as a
Tribunal de Grande Instance (TGI), depending on the importance of the case.
Commercial and business law is administered through institutions known as Tribunaux
de commerce. These are known as "first degree courts".
Appeals are heard in a Cour d'Appel or Court of Appeal, a "second degree court". In
France, there is a fundamental right of appeal in all cases. In exceptional circumstances,
judgements of the Appeal Court can be contested at the highest level, the Cour de
Cassation, the French Supreme Court in matters of private law.
b) Everyday offences and petty criminal matters are generally dealt with either by a Juge
de proximité (a local magistrate) or a Tribunal de Police (police court); more serious
matters will be referred to the Tribunal Correctionnel, the criminal law equivalent of the
TGI. The most serious criminal offences, notably murder and rape, will be referred to a
Cour d'Assises, or Assize court, where they will tried by jury.

4.2. Public law - le droit public

Complaints or litigation concerning public officials in the exercise of their office are
heard in Tribunaux Administratifs, or Administrative Courts. For example, universities or
public academic institutions are regularly taken to court over claimed irregularities in the
organisation of exams. As in the private law system, appeals can be lodged, in this case
with the Cour administratif d'appel, or Administrative appeals court. The highest
echelon, the Supreme Court for public law, is the Conseil d'Etat, or Council of State, the
body ultimately responsible for determining the legality of administrative measures.

5. How the courts operate in France

French courts are presided over by Juges (Judges) also known as Magistrats
(magistrates). Magistrats, are highly qualified professionals, almost all of whom have
graduated from the postgraduate School of Magistrature; they are high-ranking juges . In
other words, a French Magistrat is not at all the same as a Magistrate in the English legal
system.
Criminal court proceedings can be overseen by a juge d'instruction. The judge who is
appointed to the case is in charge of preparing the case and assessing whether it should
come to court. In legal jargon, this system is known as inquisitorial, as opposed to the
adversarial system used in Common Law legal systems.
In court, the judge or judges arbirate between the the prosecution and the defence, both
of which are generally represented by their lawyers, or avocats. The French judicial
system does not have recourse to juries except in assize courts.
If the case goes to appeal, the arguments of the prosecution and the defence are taken
over by appeals specialists known as Avoués.
Legal Aid
Legal aid is easier to obtain, and cheaper, in France than in many other countries. A
useful first port of call for anyone wanting legal aid is the Maison de Justice, usually
attached to the local Tribunal d'Instance.

Table 1: Common Latin Words Used Today

Word Pronunciation Original Meaning Modern Meaning

Affidavit uhf-fee-day-wit he pledged a sworn, written statement

bona fide boh-naa fee- (in) good faith sincere, genuine

day

habeas a-bay-us kor- may you have the bring a person before a court
corpus pus body

per diem pur dee-em per day, by the Daily

day

pro bono pro bo-no for the good done for free for the public good

status sta-toos kwo the existing how things are currently

quo condition or state
of affairs

sub soob poi-na under the penalty an order commanding a person to

poena appear in court under a penalty for
not appearing

The following sections offer more Latin words used in courts today. Like the preceding words, you may have heard
many of these words already; you may even be using them without knowing what they really mean. Don't worry.
Many of those using them don't know either.

Table 2: Latin Words Used in English Courts

Word Pronunciation Original Modern Meaning

Meaning

ad hoc ad hok to this for a specific purpose, case, or

situation

corpus kor-pus de-lick- body of the material evidence in a crime

delicti tee crime

de facto dee fak-toe from the in reality; actually; in effect

fact

de iure day you-ray from the according to law; by right

law

ad infinitum ad in-fee-nee- forever Forever

tum

in absentia in ab-sen-tee-ah in (his/her) in (his/her) absence

absence

in camera in ka-me-rah in a room in private; no spectators allowed

in loco in lo-ko pa-ren- in the place in the place of a parent

parentis tis of a parent
ipso facto eep-so fak-toe by the fact by that very fact
itself

locus delicti low-kus dee- scene of scene where a crime took place
lick-tee the crime

modus moh-dus o-per- mode of method of operating

operandi un-dee working

nolo no-lo kon-ten- I do not a plea by the defendant that's

contendere de-re wish to equivalent to an admission of guilt
contend (and leaves him subject to
punishment) but allows him the legal
option to deny the charges later

prima facie pree-mah fah- at first face at first sight

cii-ay

pro forma pro for-ma for the done as formality, done for the show
sake of
form

quid pro quo kwid pro kwo this for that something for something; tit for tat; an
equal exchange

Less common Latin phrases

We often refer to the language that lawyers use as legalese because it has so many Latin phrases and words. Table
3 lists a few of the less common Latin phrases that you're likely to hear only if you — or someone you know —
actually ends up in a court of law.

Table 3: Other Latin Legal Terms

Word Pronunciation Original Modern Meaning

Meaning
a mensa et ah men-sa eht to- from table and legal separation
toro row bed

casus belli ka-soos bel-lee occasion of war an event that justifies a war

cui bono Cue bo-no for whom the whom does it benefit?
good

(in) in fla-gran-tay while the crime is red-handed, in the act

flagrante day-lick-toe burning
delicto

inter alia in-ter ah-lee-ah among other among other things

things

mutatis moo-tah-tees having changed after making the necessary

mutandis moo-tun-dees what must be changes
changed

non non kom-pos not of sound mentally incompetent

compos men-tis mind
mentis

obiter oh-bee-ter deek- something said in something a judge says in

dictum toom passing arguing a point, but has no
bearing on the final decision

onus oh-nis pro-bun- burden of proving burden of proof

probandi dee

pendente pen-den-tay lee- while judgment is a case in progress

lite tay pending
res ipsa rays eep-sa lo- the matter itself it goes without saying
loquitur kwee-tur speaks

sine qua see-nay kwa non without which not an indispensable condition; a
non prerequisite

sine die see-nay dee-ay without a day postponed indefinitely

sub judice sub you-dee-kay under the judge pending judgment

ultra vires ool-trah wee-rays beyond strength outside one's jurisdiction

French court organization.

At the basic level, the courts can be seen as organized into:[1]

 ordinary courts (ordre judiciaire), which handle criminal and civil litigation
 administrative courts (ordre administratif), which supervise the government and handle
complaints