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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 field 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 (') are courts under TITLE VIII of Constitution of France separated from administrative courts ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judiciary Of France
Status and organisation France's independent court system enjoys special statutory protection from the executive branch. Procedures for the appointment, promotion, and removal of judges vary depending on whether it is for the ordinary ("") or the administrative stream. Judicial appointments in the judicial stream must be approved by a special panel, the High Council of the Judiciary. Once appointed, career judges serve for life and cannot be removed without specific disciplinary proceedings conducted before the council with due process. The Ministry of Justice handles the administration of courts and the judiciary, including paying salaries or constructing new courthouses. The Ministry also funds and administers the prison system. Lastly, it receives and processes applications for presidential pardons and proposes legislation dealing with matters of civil or criminal justice. The Minister of Justice is also the head of public prosecution, though this is controversial since it i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Constitutional Council (France)
The Constitutional Council (, ) is the highest constitutional authority in France. It was established by the Constitution of France, 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 in Paris. Its main activity is to rule on whether proposed statutes conform with the Constitution, after they have been voted by French Parliament, Parliament and before they are signed into law by the President of France, president of the republic (''a priori'' review), or passed by the government as a decree, which has law status in many domains, a right granted to the government under delegation of Parliament. 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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Constitutionality
In constitutional law, 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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Federal Constitutional Court
The Federal Constitutional Court ( ; 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 does not serve as a regular appellate court ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Constitutional Complaint
The (individual) constitutional complaint () is an extraordinary legal remedy in German law. The procedure serves to vindicate constitutional rights under the Basic Law of the Federal Republic of Germany (''Grundgesetz'', abbreviated GG). Constitutional complaints are adjudicated solely by the Federal Constitutional Court. In the business year 2018, the Court recorded 5678 constitutional complaints filed, of which only 92 were granted relief, in total. Such relief may even extend, however, to voiding the statute found unconstitutional. The constitutional complaint is set out in the ''Bundesverfassungsgerichtsgesetz'' (abbreviated BVerfGG), which is the law establishing the Federal Constitutional Court itself, pursuant to GG art. 93, para. 2. The constitutional complaint was originally codified in federal law (BVerfGG §§ 90 et seq.) and was not initially guaranteed by the constitution itself. It was incorporated into the constitution in 1969 as a political bargain. The constitut ... [...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 An appellate court, commonly called a court of appeal(s), appeal court, court of second instance or second instance court, is any court of law that is empowered to hear a case upon appeal from a trial court or other lower tribunal. Appel ... 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. Some common law countries use term "lower court" or "inferior court" as a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Federal Patent Court (Germany)
The Federal Patent Court (, ; 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'' () and the European Patent Convention (EPC). Obtaining patent protection A patent covering Germany can be obtained through four different routes: through the direct filing of a national ... References External links * German patent law German intellectual property law Courts in Ge ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Federal Court Of Justice
The Federal Court of Justice ( , ) is the highest court of Private law, civil and Criminal law, criminal jurisdiction in Germany. Its primary responsibility is the final appellate review of decisions by lower courts for errors of law. While, legally, a decision by the Federal Court of Justice is only binding with respect to the individual case in which it enters, ''de facto'' the court's interpretation of the law is followed by lower courts with almost no exception. Decisions handed down by the Federal Court of Justice can only be Vacated judgment, vacated by the Federal Constitutional Court of Germany, Federal Constitutional Court for violating a provision of the German constitution, the Basic Law for the Federal Republic of Germany, Basic Law. In addition to the court's appellate duties, a few judges of the Federal Court of Justice act as Examining magistrate, investigating judges in criminal investigations led by the Public Prosecutor General (Germany), Public Prosecutor Gene ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Federal Courts (Germany)
In Germany, federal courts ( , singular ) 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 article 95 of the Basic Law **Federal Court of Justice (supreme court of ordinary jurisdiction) ** Federal Administrative Court (supreme court of administrative jurisdiction) ** Federal Fiscal 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 article 96 of the Basic Law ** Federal Patent Court, a court of ordinary jurisdiction ** and , courts of administrative jurisdiction for disciplinary proceedings against members of the Bundeswehr It is al ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Germany
Germany, officially the Federal Republic of Germany, is a country in Central Europe. It lies between the Baltic Sea and the North Sea to the north and the Alps to the south. Its sixteen States of Germany, constituent states have a total population of over 84 million in an area of , making it the most populous member state of the European Union. It 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 Capital of Germany, nation's capital and List of cities in Germany by population, most populous city is Berlin and its main financial centre is Frankfurt; the largest urban area is the Ruhr. Settlement in the territory of modern Germany began in the Lower Paleolithic, with various tribes inhabiting it from the Neolithic onward, chiefly the Celts. Various Germanic peoples, Germanic tribes have inhabited the northern parts of modern Germany since classical ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Highest Court
In most legal jurisdictions, a supreme court, also known as a court of last resort, apex court, high (or final) court of appeal, and court of final appeal, is the highest court within the hierarchy of courts. Broadly speaking, the decisions of a supreme court are binding on all other courts in a nation and 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. A supreme court can also, in certain circumstances, act as a court of original jurisdiction. Civil law states tend not to have a single highest court. Some federations, such as the United States, also do not have a single highest court. 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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
