French Droit v. American Law

I can't even begin to explain the difference between studying law in France and studying law in the US- unless you have a point of reference on one side or the other. There are many differences I still don't understand. Maybe it would be helpful to make a list illustrating the differences. You know I love to make lists....

In France:

1. Law is divided into public and private law. I am not entirely clear yet on the difference. I get the big picture- but the difference between the two often seems arbitrary. (At least in the classes I have taken) Generally, public law involves the state and private citizens- where private law is between private citizens. This should not be confused with the criminal/civil distinction.
   
2. Private law is based on the Civil Code system- the Napoleonic Code to be precise. The civil code has been around since 1804. It is interesting because the code was written just after the Revolution of 1789. It is always important to keep the context in mind when interpreting a provision of the code.
   
3. We NEVER talk about the Constitution- it is all about the codes. I assume the public law side gets to talk about the Constitution- but I can't be sure. I still don't know the source of individual rights. As far as I know, the French Constitution only provides a constitutional right for a victim of a tort to receive compensation.
   
4. Lectures are very passive. They are given in outline form. No one asks questions or discusses law. They are quite boring- even if the subject is interesting. You don't have to read before coming to class. They tell you exactly what they want you to know. Your job is to memorize and recite.
   
5. There are no text books- or case books for that matter. Since it is a civil law system- cases are not treated as precedent. However, there are many "principes" that stem from jurisprudence and -in essence- do create law. I am still trying to comprehend the judicial branch- it's quite complicated. But as far as books, you just have to find a book on the topic of your class and hope that it corresponds with the material covered in class.
   
6. You always have to keep in mind how the EU law applies/affects the laws in France. International treaties take precedent over internal law- however sometimes internal law is more strict. However, the treaties are very new and sometimes the national law has not caught up with EU law.
7. There is no "Law School" here. They start studying law from the first year of university. Becca and I are jumping into the fourth year of the program.
   
8. In France, there are "juristes" who don't have to take the bar- I am not really sure what they can do... But most people in my class are planning to be a juriste. There are also avocats- who do take the bar.

There is more... but that is enough for now.

In the US:

1. There is no private/public law division. Save a for few specific exceptions, you don't specialize in any particular area of law. The only main distinction is civil/criminal law. The civil/criminal distinction exists here as well. However, a private citizen can bring a criminal charge. In the US, only the state can bring criminal charges.
2. In the US, all law (essentially) stems from the Constitution. We have a system of checks and balances. The legislatures make law, the executive enforces law, the judge interprets the law. The judge can declare the law unconstitutional. In the US, the judge is seen as the defender of the constitution- the protector of individual liberties. I am not sure if that is true here or not.
   
3. Lectures in law school are not really lectures. They are discussions that are led by the students under a method called the "Socratic Method." It is very scary- but it makes you work very hard. You don't want to be caught unprepared in class. You spend hours to prepare for class becuase you never know when you will be called on to lead the class and you don't know what questions will be asked of you. So you must know everything! (Before coming to class)
   
4. In the US, law students rely heavily on their case books/code books to learn the law. Granted they are very heavy and expensive- I find that I miss reading the law directly from the source. Instead, (in France) we spend a lot of time talking about the principles/theories behind the law- not the actual text of the law. We also do not spend much time talking about how the law is applied in practice. I never thought I would miss the case books.
5. In the US, International treaties are not law. They can be persuasive- or secondary law- but not actual law. However, the EU/France relationship is kind of similar to our federalist system in the US, in terms of the supremacy of the laws. So there are some parallels, but on a larger scale- not directly relative.
   
6. In the US- we have law school. (Obviously) It is graduate school. Anyone can go-if you can score high enough to get in- no matter what you studied for your Bachelor's degree. It lasts for 3 years. It is not unusual to go back to law school after working for a few years out of university.
7. In the US- you have lawyers... and then people with a JD who don't practice law. There is no equivalent to a juriste. (Unless you count government jobs- maybe lobbyists? But lobbyists don't exist in France...)
   

In the end, I know that being able to understand and practice in two completely different legal systems will be beneficial to me in many ways. I can tell it has made me grow as a person and a student. I feel lucky that I have this opportunity- even though it is hard to break away from the system that I know.
PS Red= Common Law systems
Blue= Civil Law systems

Yeah, Becca and I will be trained in both. Africa, here I come!

Gretchen's favorite albums of 2008

I posted my list on my facebook page- but Mark wanted to link to it, so I am re-posting here. He convinced me that it relates to our adventures in Cergy because I listen to my ipod 3 hours/ day during the commute from Paris to Cergy. Good point.

I am calling this a list of my 25 "favorite" albums of 2008 because I don’t feel like I can say they are the “best" of 2008. You see, I am sure there are hundreds of albums that came out this year that I have not heard yet which are just as good- maybe better. I don't feel that I have that kind of authority- I am just a fan of good music who likes to make lists.

I always enjoy the process of making my list at the end of the year- however, I don’t usually post it. I don’t post it because I am not very good at the album descriptions that usually accompany these kinds of lists. I rank the albums by how much I like them. It is that simple. I know how much I like an album because I generally listen to it more than the others. For me, the test is whether I can listen to album no matter what kind of mood I am in. Those are the ones that get the most play- and end up on the list.
The really good albums put me in an even better mood after listening to them.

Mark encouraged me to post this and I think he will have one coming soon. His will likely have clever descriptions.

My top 25 Albums (Sans descriptions)
1. Fleet Foxes- ST
2. Of Montreal- Skeletal Lamping
3. Deerhunter- Microcastle
4. Bon Iver- For Emma, Forever Ago
5. Beach House- Devotion
6. Bonnie Prince Billy- Lie Down in the Light
7. Blitzen trapper- Furr
8. Department of Eagles- In Ear Park
9. Black Kids- Partie Traumatic
10. Hercules and Love Affair- ST
11. Vampire Weekend- ST
12. She & Him- Volume 1
13. Jenny Lewis- Acid Tongue
14. Portishead- Third
15. Mountain Goats- Heretic Pride
16. Okkervil River- The Stand Ins
17. Cool Kids- The Bake Sale
18. Stephen Malkmus and the Jicks- Real Emotional Trash
19. Friendly Fires- ST
20. Sigur Ros- Med Sud I Eyrum Vid Spilum Endalaust
21. Nick Cave and the Bad Seeds- Dig, Lazarus, Dig!!!
22. Ghostland Observatory- Robotique Majestique
Honorable Mentions:
23. The Smiths- Sound of the Smiths
24. REM- Murmur (Reissue)
25. Andy Palacio and the Garifuna Collective- Watina*

* This album actually came out in 2007, but I didn’t discover it until this year- and Andy Palacio passed away this year- so I added him here as an HM.

TROIS tests in ONE semaine...

... I promise we will update soon. We have been keeping journals for future posts, however, we are in the midst of midterms. (Our first actual assessment here at Cergy) We are trying our best not to fail, so we have slacked a bit on the blog front.

bisous
g

Coffee Machines

Okay, Becca's mom and step-dad are in town, so she probably won't have a chance to post this week. But I promise you will get stories from her...

First of all, I have to say that today was a good day at school. We understood nearly everything that was going on around us. We were prepared for our Concurrence et Distribution TD and we almost made two new friends. Let me explain- the French kids don't talk to us much, however, one of them asked me for some paper (twice) and one guy even asked Becca to e-mail him her notes. We were stoked.

So about the list I posted earlier- I had a comment about the coffee machines- so I will elaborate. Let me first explain that French college students don't carry coffee to-go cups. You can only find them in Starbucks and I am not really sure why this has not taken off in France (the land of coffee). BUT they do have these coffee machines on campus where you 1) choose your beverage, 2) insert your money (this varies- more later) and then 3) choose your sugar preference, and finally 4) the machine brews a cup for you. Granted, it is most likely Nescafe, but it is sooo handy. It is especially handy because these machines are EVERYWHERE on campus. The thing is, most of our classes are on the first floor, however the coffee on the third floor is noticeably better (and for some reason 10 cents cheaper). So, sometimes during our break, we take the elevator to the third floor for the better and cheaper coffee. We have priorities, you know.

I must also add that Becca and I both have broken down and purchased coffee to-go mugs at our local Starbucks. (mine was a b.day gift) But we usually only carry them on days when we have early classes. It is like wearing a sign on your head that you are the AMERICAN in the class. Not necessarily a bad thing these days, but still...

List of ideas

Well, I have to say that it is not easy to know where to begin blogging about the day-to-day adventures Becca and I experience living in Paris and going to school in Cergy. We have been compiling blog ideas over the past three months... Every time we see something weird - or have to deal with something unfamiliar- we look at each other and say, "BLOG!"
But we made an actual list today -so I am going to give you a taste of some of the topics now, but we will revisit them (and others) in more detail at a later date. To give you an idea of what I am rambling about here is part of our list:

1. The nylons + shorts + boots phenomenon (and other fashion choices- the good, the bad, and the bizarre)
   
2. The ins and outs of subway riding (example: ALWAYS look bored, despondent, or annoyed.)
3. The college students' LOVE of school supplies-Just know that I have the coolest pencil bag in the class (We checked one day during a break.)
4. You need a picture of yourself (or 2) for EVERYTHING-aka- Always carry a head shot.
5. Where do the French buy dental floss? We can't find it anywhere.
6. I love the coffee machines here- the coffee is less than great- but the principle is brilliant. (Especially since people don't carry portable coffee cups.)
   
7. Wine is good and cheap. (shocking I know- but just be prepared for some wine posts)
8. The overuse of the word exceptional...
9. Want to sound more French? Say "franchement" every other word. If you really want to sound French, disperse a few "Baaaahhhh"s and "uuuuuuuhhh"s in your sentence. You will be golden.
   
10. The back stories on our classmates. (Becca's specialty- she likes to figure out who is dating whom. She has nick names for them. It is hilarious- to us, at least.) As for me, out of our class of 100, I might recognize 6 of them outside of class. I am always asking, "Is she new?"
    

Feel free to comment on any of the above topics that sound particularly interesting and we will start there...
bisous
g

I wish they would tell us beforehand when class is exceptionally cancelled

*DISCLAIMER**
So I made a promise to myself to keep this blog positive. Meaning, I don't want this blog to turn into a place to just vent all of the frustrating occurences that come with living/going to school abroad. Nor do I want to further sterotypes of French people as being less than friendly. However, I do plan to tell about some of the frustrating aspects of life here-BUT know that I am doing it with a smile on my face. Sometimes you just have to laugh. It may not actually be funny to me now- but it will be. Sometime. Someday.
Alright, no more disclaimers for the moment. I will try to fit in a proper post tonight when I am on a non-French key board.
BISOUS
g

Bonjour!

We are starting this blog to tell about all of the crazy things we see and experience here in France. We have many ideas for blog entries and will update as much as possible. We hope you will enjoy the topics as much as we have enjoyed discussing them.
Love,
Gretchen and Becca