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Cassation Law Practice involves representing clients before a court of cassation—the highest court of appeal in many civil law jurisdictions (e.g., France, Italy, or the Philippines). It focuses on reviewing whether legal errors occurred in lower court decisions, rather than re-examining facts. Lawyers in this practice specialize in drafting precise, technically sound appeals and arguing complex legal interpretations. The goal is to ensure that the law is correctly applied and uniformly interpreted. This practice is essential for upholding legal consistency, correcting judicial errors, and shaping national jurisprudence.
Cassation law refers to the legal process by which a higher court, often called a court of cassation, reviews and decides on the correct application of law in a final judgment. It does not re-examine facts but ensures that lower courts correctly interpreted and applied legal principles. It serves to unify legal interpretation and uphold the rule of law.
Cassation differs from a regular appeal because it reviews only legal errors, not factual issues. While appeals may reassess both facts and law, cassation focuses strictly on whether the law was correctly applied or interpreted by lower courts, aiming to ensure legal consistency rather than retry the case.
Cassation cases are heard by courts of last resort, such as supreme or high courts, specifically designated as courts of cassation. These courts focus solely on legal interpretation, not factual disputes, and ensure uniform application of the law across lower court decisions within a jurisdiction.
Common grounds for filing a cassation appeal include misapplication or misinterpretation of the law, violation of procedural rules, lack of legal reasoning in the judgment, or jurisdictional errors. The appeal must show that the lower court made a legal error affecting the final decision, not just a factual disagreement.
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