of law," and was inserted as one of the
national claims in the Petition of Right at the revolution. The treaty
of union is silent as to appeals, though definitely excluding the right
of English courts to interfere with Scottish courts or cases. The House
of Lords has since the Union acted without challenge as the final
appellate tribunal for Scotland in civil causes; but has always declined
jurisdiction in Scottish criminal cases.
_Ireland._--The Supreme Court of Judicature (Ireland) Acts have
remodelled the courts and appellate system of Ireland on the same lines
as those of England. The High Court of Justice in Ireland now consists
of two divisions only, the chancery division, which has little or no
appellate functions, and the king's bench division, which has for
Ireland substantially the same power of reviewing and correcting the
decisions of inferior courts as has the corresponding court in England.
To this there is one exception, that appeals from a county court in
Ireland may be heard on circuit by a single judge of assize. In Ireland
there is also a court of appeal, created in 1877, whose jurisdiction and
procedure follow the same lines as that of the English court of appeal.
_France._--The court of last resort in France for all cases, whether
civil or criminal (_en matiere criminelle, correctionnelle et de
police_), is the _cour de cassation_, which sits in Paris. It is a court
of error for the review of all judgments of tribunals of last resort
(except _juges de paix_ in certain cases), and for the transfer of
causes from one court to another when justice so demands, and to
determine conflicts of jurisdiction (Law 1 Dec. 1790). Ordinarily it is
confined to errors of law and procedure, but where evidence not
available below is brought before the court, it may send the case back
for retrial or give the appropriate final judgment, as in the case of
Dreyfus (1906). It also hears appeals from courts martial.
Next to the _cour de cassation_ are the courts of appeal, which have
jurisdiction to hear appeals (1) in civil matters from courts of first
instance, _juges de paix_, and where the amount in dispute exceeds L60
from commercial courts, _tribunaux de commerce_ (Civil Proc. Code, arts.
443-475); (2) in criminal matters from _tribunaux correctionnels_ (Com.
Proc. Code, arts. 202-235). The appeal is both on fact and on law, and
applies to interlocutory or preparatory as well as to final judgments.
_Spain._--
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