Officer of the court
Administration of justice in the material sense is the application of law to an individual case by the state or its institutions ( the judiciary ) (authorities). Administration of justice in the formal sense is the collective term for all perceived by the courts and other organs administering justice tasks and issues. Administration of justice is more broadly concern for the proper conduct of the legal relations between people.
The concept of justice is sometimes used synonymously with the administration of justice. The term is used in a constitutional sense, as a synonym for the judiciary. In a narrower sense, the term describes the ordinary courts of justice, prosecutors, the judiciary, law enforcement agencies and notaries.
As a generic term, the term legal system is in use.
Legal institutions
The administration of justice includes the following institutions:
- The entire judiciary, ie the courts of all jurisdictions,
- Lawyers in the area of tax law also chartered accountant and tax consultant
- Parts of the executive Prosecutor's Office,
- Bailiffs,
- Clerk of the office,
- Difference in men / women or justice of the peace in states with arbitration offices,
- Administration of justice by the Ministries of Justice,
- Local governments in the area of regulatory law
- Office Services in Baden- Württemberg.
In addition, the state-appointed and freelance notaries of justice be attributed. In Germany, lawyers and patent agents are professional legally referred to as the " administration of justice ". This " body formula " was first used by the imperial court of honor Court for attorneys in a decision of 25 May 1883. Content, this means that the lawyer is obligated not only to his client but also the legal system. In Austria, lawyers are not regarded as organs of justice. Do you practice a liberal profession, under which they both legally advise clients as represented in courts (and other authorities).
In the prosecution of offenses, the responsibility for the prosecution at the competent local communities is ( § 35 Administrative Offences Act ). These have largely the same rights and obligations as the prosecutors in the prosecution of criminal offenses ( § 46 Administrative Offences Act ).
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 (for example, the Judicature Act ( GVG ), Code of Civil Procedure ( 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, the so-called Seeamtsverhandlungen ( " Maritime Courts "); they are official expert method of Seeämter.
Functions
In the main, there is justice in the work of the courts in all judicial branches, which serves the protection and enforcement of rights and the defense and prosecution of injustice. In addition to the dispute -critical activity of the courts, criminal justice and the enforcement of decisions are expected to Justice and activities that belong to voluntary jurisdiction and the legal provision used (example: care law).
Preventive administration of justice, to the work of notaries, whose tasks include the recording of legal procedures and other care of the stakeholders, in particular through production of certificate designs and consulting, sometimes through court representation, part ( § 1, § 24, Section 1 BNotO).
Other organs of justice, the lawyers acting as independent consultants and representatives of their clients in all legal matters ( § 1, § 3 para 1 Bundesrechtsanwaltsordnung ). They act out of court advice, contract framing and konfliktvermeidend and represent them in court.