Court

A court (derived from "judge" / "right", the Gothic: raíhts, Old High German, Middle High German: reht ) is a body of case law ( judicial).

Term

Judicial authorities have existed since the beginnings of human civilization. Originally, the case law in many cases the task of the monarch himself or his agents. In the course of the Enlightenment began with the concept of separation of powers in Europe and the European-influenced countries by the conviction that the case law of the governance has to be independent.

For the term of the court in modern constitutional states the guarantee of judicial independence, therefore, is central. The Swiss Federal Court has, for example, held that a public authority is deemed tribunal within the meaning of the European Convention on Human Rights, which established by law and the right to a judicial -like, fair process and makes binding decisions on disputes. You need not be incorporated into the regular court system, but needs organization and personnel, independent and impartial, according to the nature of their appointment, the term of office, to protect against external influences and according to their outward appearance, both to other agencies as well as to the parties. In addition to the features of the independence and impartiality belongs to its essence, that a court of the relevant facts to himself collects, applies the rules of law on these determined in a process of law facts and binding decisions falls on the parties in the matter. There have comprehensive cognition in fact and law.

Germany

Courts in the Federal Republic of Germany, according to court support the federal courts and the courts of the country. The courts maintain their independence in accordance with the principle of separation of powers itself and are formally it is not part of the executive.

The structure of the jurisdiction is governed by (different ) court systems. Jurisdictions in Germany are the constitutional jurisdictions ( the federal government and the individual countries), the Civil Proceedings ( for civil law and criminal law) and the University of jurisdictions, including labor courts, tax courts, social courts and administrative courts belong. In order to maintain uniformity of decisions, there is a Joint Senate of the Supreme Courts of the Covenant, which can be called if a supreme federal court intends to depart from the decision of another supreme federal court.

Service jurisdiction and honor jurisdiction are part of the administrative courts.

Peculiarities arise in military affairs. Thus, in the case of defense military tribunals be established as federal courts Article 96, paragraph 2 of the Basic Law, the right to speak after the Military Penal Code. Historically, there were so-called state courts as special courts, which under Article 101 paragraph 1 sentence 1 of the Basic Law are inadmissible under the Basic Law of the Federal Republic of Germany.

Speak of the court building, the term court an authority ( eg district court ). The court may also be understood as saying body (eg a judge, trial by jury, trial by jury, etc.); each dish is then covered with at least one judge. Head of agency are courts or supervising judges who preside over a Presidium ( § 21a GVG ).

The participation of lay people as honorary judges is provided in criminal proceedings, as well as in the labor, social and administrative jurisdiction. In criminal called the honorary judges jurors. Aldermen act at the District Court in the trial by jury, the District Court in the trial by jury and other trial chambers with. A special feature is the so-called official assessors in disciplinary matters in administrative courts. These are i.w.S. However, lay judges belong to a particular profession: the civil service.

Which court is acting, is determined by the jurisdiction.

Which Chamber (Single Judge, Chamber, Senate ) is responsible, determined according to the applicable procedures of law (eg, GVG, ZPO) and according to the schedule that is created by the courts on their own responsibility.

The course of a trial is normalized in different sources of law.

No dishes in the sense of the Judicature Act ( GVG ) are the so-called Seeamtsverhandlungen ( " Maritime Courts "); they are official expert method of Seeämter.

District Court Court of Appeal Federal Court

See also: List of German courts, list of historical German courts, neutrality of the Court

Switzerland

In Switzerland, the administration of justice in matters of public law and the organization of the civil and criminal courts is regulated in part by canton. Cantonal law determined by name, perceives that cantonal civil and criminal court provided for by the legislation of the federal process functions of the first and second instance. In general, there are regional courts at first instance ( district, regional courts) and total cantonal canton or upper courts as the second instance. Exist at the federal level, a trial Patent, Administrative and Federal Criminal Court and the Federal Court as the last court of appeal in all areas of law.

Austria

See: judicial organization in Austria

Historically

A court was in the county of Tyrol since the late Middle Ages, a territorial unit for justice and administration, comparable to today's district headquarters and district courts.

United States

The Court System in the United States is characterized by its strong federal character. Both the federal government and the individual states have their own organizations and court of appeal that are not interdependent. The federal courts follow the requirements of the Constitution of the United States and are solely responsible for cases under federal law. The courts of the states based on the respectively applicable constitutional and are only responsible for the areas of law that fall within the legislative competence of the state.

Quotes

"Where court, there's injustice. " (From: War and Peace by Leo Tolstoy - Translation: Werner Berggruen )

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