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Ordinary Court
Ordinary court or Judicial court is a type of court with comprehensive subject-matter jurisdiction compared to ' Specialized court' with limited jurisdiction over specific filed of matters, such as intellectual property court. Due to its comprehensive feature, ordinary courts usually deal with civil case and criminal case, and treated as core part of conventional judiciary. Especially for common law countries, the term ''superior court'' is used for courts with general jurisdiction (regardless of instance level in chain of appellate procedure), compared to courts with limited jurisdiction over minor, petty cases such as '' small claims court''. Sometimes, the term ''ordinary court'' is referred to courts with regular procedure or composition, compared to an ''extraordinary court'' with irregular procedure or composition. Ordinary courts by country France In France, ordinary courts (''french: ordre judiciaire'') are courts under TITLE VIII of Constitution of France se ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Cour De Cassation
A court of cassation is a high-instance court that exists in some judicial systems. Courts of cassation do not re-examine the facts of a case, they only interpret the relevant law. In this they are appellate courts of the highest instance. In this way they differ from systems which have a supreme court which can rule on both the facts of a case and the relevant law. The term derives from the Latin , "to reverse or overturn". The European Court of Justice answers questions of European Union law following a referral from a court of a member state. In exercising this function it is not a court of cassation: it issues binding advice to the national courts on how EU law ought to be interpreted, it does not overturn decisions of those courts. However, the Court of Justice can act as a court of cassation when it hears appeals from the General Court of the European Union. Many common-law supreme courts, like the United States Supreme Court, use a similar system, whereby the court vac ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Constitutional Council (France)
The Constitutional Council (french: Conseil constitutionnel; ) is the highest constitutional authority in France. It was established by the Constitution of the Fifth Republic on 4 October 1958 to ensure that constitutional principles and rules are upheld. It is housed in the Palais-Royal, Paris. Its main activity is to rule on whether proposed statutes conform with the Constitution, after they have been voted by Parliament and before they are signed into law by the President of the Republic (''a priori'' review). Since 1 March 2010, individual citizens who are party to a trial or a lawsuit have been able to ask for the Council to review whether the law applied in the case is constitutional ( review). In 1971, the Council ruled that conformity with the Constitution also entails conformity with two other texts referred to in the preamble of the Constitution, the Declaration of the Rights of Man and of the Citizen and the preamble of the constitution of the Fourth Republic, both ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Constitutionality
Constitutionality is said to be the condition of acting in accordance with an applicable constitution; "Webster On Line" the status of a law, a procedure, or an act's accordance with the laws or set forth in the applicable constitution. When laws, procedures, or acts directly violate the constitution, they are unconstitutional. All others are considered constitutional unless the country in question has a mechanism for challenging laws as unconstitutional. Applicability An act or statute enacted as law either by a national legislature or by a subordinate-level legislature such as that of a state or province may be declared unconstitutional. However, governments do not only create laws but also enforce the laws set forth in the document defining the government, which is the constitution. When the proper court determines that a legislative act or law conflicts with the constitution, it finds that law unconstitutional and declares it void in whole or in part. Depending on ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Federal Constitutional Court
The Federal Constitutional Court (german: link=no, Bundesverfassungsgericht ; abbreviated: ) is the supreme constitutional court for the Federal Republic of Germany, established by the constitution or Basic Law () of Germany. Since its inception with the beginning of the post- World War II republic, the court has been located in the city of Karlsruhe, which is also the seat of the Federal Court of Justice. The main task of the Federal Constitutional Court is judicial review, and it may declare legislation unconstitutional, thus rendering them ineffective. In this respect, it is similar to other supreme courts with judicial review powers, yet the court possesses a number of additional powers and is regarded as among the most interventionist and powerful national courts in the world. Unlike other supreme courts, the constitutional court is not an integral stage of the judicial or appeals process (aside from cases concerning constitutional or public international law), and do ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Constitutional Complaint
The constitutional complaint (german: Verfassungsbeschwerde) is a remedy found in Germany for protection of constitutional rights. It derives from Article 93 Sec. 1 Nr. 4a of the Basic Law. It resembles in certain respects the '' amparo'' remedy available in some Spanish-speaking nations. The constitutional complaint is an extraordinary remedy for the protection of constitutional rights. These are the basic rights (Art. 1 - 19 GG) and certain related rights (Art. 20 Sec. 4, Art. 33, Art. 38, Art. 101, Art. 103, Art. 104 GG). The constitutional complaint originally was only part of a federal law (§§ 90 ff. BVerfGG) and not part of the constitution itself. Yet it was incorporated in the Constitution in 1969, because at the same time the so-called Notstandsverfassung (regulations for the case of emergency and war) was incorporated in the constitution. In case of emergency it is possible to impose restrictions on the citizens in respect to certain basic rights. In order to avo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lower Court
A lower court or inferior court is a court from which an appeal may be taken, usually referring to courts other than supreme court. In relation to an appeal from one court to another, the lower court is the court whose decision is being reviewed, which may be the original trial court or some of appellate court lower in rank than the supreme court which is hearing the appeal. In other words, lower courts are 'lower' in hierarchical chain of appellate procedure than other higher appellate courts. Usually it is obligation of a lower court to follow the decision of higher appellate court, even in civil law countries where precedents have no binding power. See also Some of common law countries use term 'lower court' or 'inferior court' as antonym for 'superior court', meaning such lower courts have only limited jurisdiction according to importance of case (usually decided by monetary amount of claims). For information on this kind of courts, see Small claims court and superior cou ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Federal Patent Court (Germany)
The Federal Patent Court (german: Bundespatentgericht, abbreviation: ''BPatG'') is a German federal court competent for particular legal matters, such as patent and trademark cases. It has its seat in Munich, Germany, and was established on July 1, 1961. Within Germany's dual system, in which patent infringement proceedings and nullity suits are dealt with before different courts, the Federal Patent Court is in charge of nullity suits, i.e. deciding upon challenges to the validity of German and European patents having effect in Germany. See also * ''Deutsches Patent- und Markenamt'' (DPMA) * Federal Patent Court (Switzerland) * German patent law German patent law is mainly governed by the ''Patents Act'' (german: Patentgesetz) and the European Patent Convention. A patent covering Germany can be obtained through four different routes: through the direct filing of a national patent applicati ... References External links * German patent law German intellectual prope ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Federal Court Of Justice
The Federal Court of Justice (german: Bundesgerichtshof, BGH) is the highest court in the system of ordinary jurisdiction (''ordentliche Gerichtsbarkeit'') in Germany, founded in 1950. It has its seat in Karlsruhe with two panels being situated in Leipzig since 1997 and 2020, respectively. It is the supreme court (court of last resort) in all matters of criminal law and private law. A decision handed down by the BGH can be reversed only by the Federal Constitutional Court of Germany on constitutionality (compatibility with the Basic Law for the Federal Republic of Germany) grounds. History Before the Federal Court of Justice of Germany was created in its present form, Germany had several highest courts: As early as 1495 there was the ''Reichskammergericht'', which existed until 1806. As from 1870, in the time of the North German Confederation, there was the '' Bundesoberhandelsgericht'' in Leipzig. In 1871, it was renamed to ''Reichsoberhandelsgericht'' and its area of r ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Federal Courts (Germany)
In Germany, federal courts (''Bundesgerichte'', singular ''Bundesgericht'') are courts which are established by federal law. According to article 92 of the Basic Law for the Federal Republic of Germany, the judiciary power is exercised by the Federal Constitutional Court, the federal courts provided for in the Basic Law, and the courts of the Länder ( Landesgerichte). The federal courts are: *Supreme courts, mandated by art. 95 of the Basic Law **Federal Court of Justice (supreme court of ordinary jurisdiction) ** Federal Administrative Court (supreme court of administrative jurisdiction) ** Federal Finance Court (supreme court of financial jurisdiction) **Federal Labour Court (supreme court of labour jurisdiction) **Federal Social Court (supreme court of social jurisdiction) *Other courts, created under art. 96 of the Basic Law **Federal Patent Court of Germany, a court of ordinary jurisdiction ** Truppendienstgericht Nord and Truppendienstgericht Süd, courts of administrative ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Germany
Germany,, officially the Federal Republic of Germany, is a country in Central Europe. It is the second most populous country in Europe after Russia, and the most populous member state of the European Union. Germany is situated between the Baltic and North seas to the north, and the Alps to the south; it covers an area of , with a population of almost 84 million within its 16 constituent states. Germany borders Denmark to the north, Poland and the Czech Republic to the east, Austria and Switzerland to the south, and France, Luxembourg, Belgium, and the Netherlands to the west. The nation's capital and most populous city is Berlin and its financial centre is Frankfurt; the largest urban area is the Ruhr. Various Germanic tribes have inhabited the northern parts of modern Germany since classical antiquity. A region named Germania was documented before AD 100. In 962, the Kingdom of Germany formed the bulk of the Holy Roman Empire. During the 16th century, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Highest Court
A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of a supreme court are not subject to further review by any other court. Supreme courts typically function primarily as appellate courts, hearing appeals from decisions of lower trial courts, or from intermediate-level appellate courts. However, not all highest courts are named as such. Civil law states tend not to have a single highest court. Additionally, the highest court in some jurisdictions is not named the "Supreme Court", for example, the High Court of Australia. On the other hand, in some places the court named the "Supreme Court" is not in fact the highest court; examples include the New York Supreme Court, the supreme courts of several Canadian provinces/territories, and the former Supreme Court of Judicature of England and Wa ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
