Define: Court Of Cassation

The Court of Cassation is the highest court in the judicial system of many countries, including France, Italy, and Belgium. It serves as the final appellate court, primarily reviewing decisions made by lower courts.

The Court of Cassation’s main role is to ensure the correct application of the law and to guarantee legal certainty. It reviews lower court decisions to determine if any errors of law have been made.

To reach the Court of Cassation, a case must go through the regular judicial process, starting from a trial court. If a party is dissatisfied with the decision of the appellate court, they can file an appeal to the Court of Cassation.

The Court of Cassation generally handles civil and criminal cases. It reviews questions of law rather than reevaluating the facts of the case. It does not typically hear new evidence or witness testimonies.

Yes, the Court of Cassation has the power to overturn a lower court’s decision if it finds errors of law. However, it does not re-try the case or substitute its own judgment on the facts.

The number of judges on the Court of Cassation varies depending on the country. In France, for example, it consists of around 85 judges, including the First President and the Attorney General.

The time it takes for the Court of Cassation to render a decision varies depending on the complexity of the case and the workload of the court. It can take several months or even years for a decision to be reached.

In general, the decisions of the Court of Cassation are final and binding. However, in some legal systems, there may be limited avenues for further appeal, such as in exceptional circumstances or if there is a violation of fundamental rights.

No, the Court of Cassation does not have the power to create new laws. Its role is limited to interpreting and applying existing laws to ensure their correct application. The power to create new laws lies with the legislative branch of government.