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Supreme Court Of Austria
The Supreme Court of Justice ( or ) is the final court of appeal of Austria in civil and criminal matters. Along with the Supreme Administrative Court and the Constitutional Court, it is one of Austria's three apex courts. The Court does not have a fixed number of members. As of the early 21st century, there are typically between fifty and sixty justices on the Court. The responsibility for appointing Supreme Court justices is vested in the president of Austria, but the president can and usually does delegate this task to the minister of justice. The minister picks from a shortlist of three nominees provided by the Court itself. The Supreme Court of Justice convenes in the Palace of Justice in Vienna. Powers and responsibilities Jurisdiction The Supreme Court of Justice has ultimate appellate jurisdiction over all civil and criminal court cases in Austria and is the highest body within the general court system (). Any party to a general court case can file an appeal ...
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Palace Of Justice, Vienna
The Palace of Justice () is the seat of the Supreme Court (''Oberster Gerichtshof'') of Austria. The Neo-Renaissance building erected from 1875 to 1881 is located in the Austrian capital Vienna on Schmerlingplatz, a square near the Ringstraße boulevard in the central district of Innere Stadt. In addition to the Supreme Court, the Palace of Justice houses the Higher Regional Court of Vienna and the Regional Court for Civil Matters Vienna and the General Prosecution and the Supreme Public Prosecutor for Vienna. History The building was projected by the Historicist architect Alexander Wielemans von Monteforte (1843–1911) as the new residence of the Supreme Court established in the course of the 1848 revolutions and headed by President Anton von Schmerling since 1865. In the Austrian July Revolt of 1927, violent demonstrations took place after a jury had acquitted several nationalist paramilitaries who during an armed conflict with Social Democratic Schutzbund members in Scha ...
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Enforcement
Enforcement is the proper execution of the process of ensuring compliance with laws, regulations, rules, standards, and social norms. Governments attempt to effectuate successful implementation of policies by enforcing laws and regulations. Enactment refers to application of a law or regulation, or carrying out of an executive or judicial order. Theories of enforcement Enforcement serves a number of functions; the enforcement of social norms can ensure conformity within insular communities, the enforcements of laws can maximize social benefits and protect the public interest, and enforcement may also serve the self-interest of the institutions that oversee enforcement. Enforcement can be effectuated by both public institutions and private, non-governmental actors. Enforcement is often accomplished through coercive means or by utilizing power disparities to constrain action. Some scholars, such as Kate Andrias, have also argued that institutions enforce rules when deciding "whe ...
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Municipality (Austria)
In the Republic of Austria, the municipality (, sometimes also ) is the administrative division encompassing a single village, town, or city. The municipality has municipal corporation, corporate status and local self-government on the basis of parliamentary democracy, parliamentary-style representative democracy: a municipal council () elected through a form of party-list proportional representation, party-list system enacts municipal laws, a municipal executive board () and a mayor (, grammatical gender, fem. ) appointed by the council are in charge of municipal administration. Austria is currently (January 1, 2020) partitioned into 2,095 municipalities, ranging in population from about fifty (the village of Gramais in Tyrol (state), Tyrol) to almost two million (the city of Vienna). There is no unincorporated area, unincorporated territory in Austria. Basics The existence of municipalities and their role as carriers of the right to self-administration are guaranteed by the ...
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States Of Austria
Austria is a federal republic consisting of nine federal states. The European Commission calls them provinces. Austrian federal states can pass laws that stay within the limits of the constitution, and each federal state has representatives in the main Austrian parliament. Geography The majority of the land area in the federal states of Upper Austria, Lower Austria, Vienna, and Burgenland is situated in the Danube valley and thus consists almost completely of accessible and easily arable terrain. Austria's most densely populated federal state is Vienna, the heart of what is Austria's only metropolitan area. Lower Austria ranks only fourth in population density even though it contains Vienna's suburbs; this is due to large areas of land being predominantly agricultural. The alpine federal state Tyrol, the less alpine but geographically more remote federal state Carinthia, and the non-alpine but near-exclusively agricultural federal state Burgenland are Austria's least densely ...
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Austrian Judiciary
The judiciary of Austria () is the system of courts, prosecution and correction of the Republic of Austria as well as the branch of government responsible for upholding the rule of law and administering justice. The judiciary is independent of the other two branches of government and is committed to guaranteeing fair trials and equality before the law. It has broad and effective powers of judicial review in Austria, judicial review. Structurally, the Austrian judiciary is divided into general courts () and courts of public law (). The general courts handle lawsuit, civil and criminal trials as well as non-adversary proceedings such as inheritance cases or legal guardianship matters. The courts of public law supervise the other two branches of government: the administrative court system reviews the legality of administrative acts; the Constitutional Court (Austria), Constitutional Court adjudicates on complaints regarding the constitutionality of statutes, the legality of ordinan ...
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Appellate Courts
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. Appellate courts other than supreme courts are sometimes named as Intermediate appellate court. In much of the world, court systems are divided into at least three levels: the trial court, which initially hears cases and considers factual evidence and testimony relevant to the case; at least one intermediate appellate court; and a supreme court (or court of last resort) which primarily reviews the decisions of the intermediate courts, often on a discretionary basis. A particular court system's supreme court is its highest appellate court. Appellate courts nationwide can operate under varying rules. Under its standard of review, an appellate court determines the extent of the deference it will give to the lower court's decision, based on wheth ...
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Magistrates
The term magistrate is used in a variety of systems of governments and laws to refer to a civilian officer who administers the law. In ancient Rome, a ''magistratus'' was one of the highest ranking government officers, and possessed both judicial and executive powers. In other parts of the world, such as China, magistrate is a word applied to a person responsible for administration over a particular geographic area. Today, in some jurisdictions, a magistrate is a judicial officer who hears cases in a lower court, and typically deals with more minor or preliminary matters. In other jurisdictions (e.g., England and Wales), magistrates are typically trained volunteers appointed to deal with criminal and civil matters in their local areas. Original meaning In ancient Rome, the word ''magistratus'' referred to one of the highest offices of state. Analogous offices in the local authorities, such as ''municipium'', were subordinate only to the legislature of which they generally were ...
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Involuntary Commitment
Involuntary commitment, civil commitment, or involuntary hospitalization/hospitalisation, or informally in Britain sectioning, being sectioned, commitment, or being committed, is a legal process through which an individual who is deemed by a qualified person to have symptoms of severe mental disorder is detained in a psychiatric hospital (inpatient) where they can be treated involuntarily. This treatment may involve the administration of psychoactive drugs, including involuntary administration. In many jurisdictions, people diagnosed with mental health disorders can also be forced to undergo treatment while in the community; this is sometimes referred to as outpatient commitment and shares legal processes with commitment. Criteria for civil commitment are established by laws which vary between nations. Commitment proceedings often follow a period of emergency hospitalization, during which an individual with acute psychiatric symptoms is confined for a relatively short duration ...
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Adoption
Adoption is a process whereby a person assumes the parenting of another, usually a child, from that person's biological or legal parent or parents. Legal adoptions permanently transfer all rights and responsibilities, along with filiation, from the biological parents to the adoptive parents. Unlike guardianship or other systems designed for the care of the young, adoption is intended to effect a permanent change in status and as such requires societal recognition, either through legal or religious sanction. Historically, some societies have enacted specific laws governing adoption, while others used less formal means (notably contracts that specified inheritance rights and parental responsibilities without an accompanying transfer of filiation). Modern systems of adoption, arising in the 20th century, tend to be governed by comprehensive statutes and regulations. History Antiquity Adoption for the well-born While the modern form of adoption emerged in the United States, ...
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Child Support
Child support (or child maintenance) is an ongoing, periodic payment made by a parent for the financial benefit of a child (state or parent, caregiver, guardian) following the end of a marriage or other similar relationship. Child maintenance is paid directly or indirectly by an ''obligor'' to an ''obligee'' for the care and support of children of a relationship that has been terminated, or in some cases never existed. Often the obligor is a non-custodial parent. The obligee is typically a custodial parent, a caregiver, or a Legal guardian, guardian. Depending on the jurisdiction, a custodial parent may pay child support to a non-custodial parent. Typically one has the same duty to pay child support irrespective of sex, so a mother is required to pay support to a father just as a father must pay a mother. In some jurisdictions where there is joint custody, the child is considered to have two custodial parents and no non-custodial parents, and a custodial parent with a higher incom ...
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Inheritance
Inheritance is the practice of receiving private property, titles, debts, entitlements, privileges, rights, and obligations upon the death of an individual. The rules of inheritance differ among societies and have changed over time. Officially bequeathing private property and/or debts can be performed by a testator via will, as attested by a notary or by other lawful means. Terminology In law, an "heir" ( heiress) is a person who is entitled to receive a share of property from a decedent (a person who died), subject to the rules of inheritance in the jurisdiction where the decedent was a citizen, or where the decedent died or owned property at the time of death. The inheritance may be either under the terms of a will or by intestate laws if the deceased had no will. However, the will must comply with the laws of the jurisdiction at the time it was created or it will be declared invalid (for example, some states do not recognise handwritten wills as valid, or only in ...
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