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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 vaca ...
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Court Of Cassation (Belgium)
The Court of Cassation ( nl, Hof van Cassatie, french: Cour de cassation, german: Kassationshof) of Belgium is the supreme court of the judiciary of Belgium, Belgian judiciary. The court is composed of thirty judges with life tenure who are nominated by the High Council of Justice (Belgium), High Council of Justice of Belgium and appointed by the Federal Government of Belgium, Belgian federal government. The court handles cases in the two main languages of Belgium, Dutch and French, and provides certain facilities for cases in German. The court is assisted in its work by a public prosecutor's office and a bar association, which both function separately from other structures. The duty of the public prosecutor's office is to provide advisory opinions to the court on how the law ought to be interpreted and applied. The Lawyer, attorneys of the court's bar association assist litigants in proceedings before the court; in certain cases, their assistance is mandatory. The Belgian Court of ...
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Court Of Cassation (France)
The Court of Cassation (french: Cour de cassation ) is one of the four courts of last resort in France. It has jurisdiction over all civil and criminal matters triable in the judicial system; it is the supreme court of appeal in these cases. It has jurisdiction to review the law, as well as to certify questions of law, to determine miscarriages of justice. The Court is located in the Palace of Justice in the 1st arrondissement of Paris. The Court does not have jurisdiction over cases involving claims against administrators or public bodies, which fall within the jurisdiction of administrative courts, for which the Council of State acts as the supreme court of appeal; nor over cases involving constitutional issues, which fall within the jurisdiction of the Constitutional Council; nor over cases involving disputes about which of these courts has jurisdiction, which are heard by the Jurisdictional Disputes Tribunal. Collectively, these four courts form the topmost tier of the Fr ...
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Court Of Cassation (Haiti)
The Supreme Court of Haiti (french: Cour de Cassation) is the highest court in the Haitian legal system. The Supreme Court building is located in Port-au-Prince. History From 1806–1817, the Senate of Haiti served judicial functions. The Supreme Court was first formed in 1817 under Petion's 1816 constitution as a body of a grand judge, dean, six judges and a government commissioner, all of whom were to be appointed for life. The first Grand Judge of the Supreme Court was André Dominique Sabourin, who concurrently served as Minister of Justice in Petion's cabinet. Other appointees to the court were: * Louis Germain Linard, dean * Jacques Ignace Fresnel * Jean Thézan, * Jean-François Lespinasse, * Thomas Gédeon Christ (who was sworn in later), * Lemerand * Pitre Jeune * Louis-Gabriel Audigé, Government Commissioner Jules Solime Milscent was also appointed as the first clerk. The Law of 16 July 1954 added a Judge to the eleven provided by the Law of 1918 and since the ...
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Court Of Cassation (Egypt)
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 vaca ...
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Court Of Cassation (Armenia)
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 language, 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 (European Union), General Court of the European Union. Many common-law supreme courts, like the Supreme Court of the United ...
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Supreme Court Of Estonia
The Supreme Court of Estonia ( et, Riigikohus) is the court of last resort in Estonia. It is both a court of cassation and a constitutional court. The courthouse is in Tartu. History During the first independence period (1919-1940) With the First Constitution of Estonia and the Supreme Court Act, the Estonian Constituent Assembly established the Supreme Court of Estonia as a court of cassation on 21 October 1919. The first Justices of the Court were Kaarel Parts (Chief Justice), Paul Beniko, Rein Koemets, Jaan Lõo, Hugo Reiman, Martin Taevere and Peeter Puusepp. The Court first sat in Tartu Town Hall on 14 January 1920. During the centralisation of power in 1935, the Supreme Court was transferred to Tallinn, operating from a specially remodelled building on Wismari Street. When the Court last sat on 31 December 1940, it accepted an order by the government of the Estonian SSR to disband itself as of 1 January 1941. Soviet occupation (1940-1991) The Supreme Court of the Estoni ...
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Supreme 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 ...
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Court Of Cassation (Democratic Republic Of The Congo)
The Court of Cassation () is the main court of last resort in the Democratic Republic of the Congo. It has its seat in the Kinshasa Palace of Justice. The Court judges final appeals with respect to the "normal" system of justice, excluding cases of administrative justice, which go before the ''Conseil d'État''. The court consists of 26 justices, organized into legislative and judiciary sections. Judges are nominated by the Judicial Service Council, a separate and independent body composed of judges from the lower courts and public prosecutors. The first president of the Court of Cassation also sits on the General Assembly, which makes decisions on matters within the scope of the Supreme Council of the Judiciary (, CSM). Per Congolese law, the compulsory retirement age for magistrates on the Court of Cassation is 70 years old. See also *Constitutional Court of the Democratic Republic of the Congo The Constitutional Court () was established by the Constitution of the Third Repub ...
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Appellate Court
A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of the world, court systems are divided into at least three levels: the trial court, which initially hears cases and reviews evidence and testimony to determine the facts of 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 decides the extent of the deference it would give to the lower court's decision, based on whether the appeal were one of fact or of law. In reviewing an issue of fact, an appellate court ordina ...
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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 resp ...
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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 ce ...
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Court Of Cassation (Greece)
The Supreme Civil and Criminal Court of Greece (, ''Areopagus'', i.e. the "Hill of Ares") is the supreme court of Greece for civil and criminal law. In Greece, the decisions of the supreme court are final. However, since Greece is a member state of the Council of Europe, cases ruled on by the Greek high court can be appealed to the European Court of Human Rights. If the supreme court decides that a lower court violated the law or principles of legal process, it can order the rehearing of a case by the lower court. The court consists of the president and the attorney-general, ten vice-presidents, sixty five ''areopagites'' and seventeen deputy attorneys-general. The members of the Supreme Court are tenured until they reach the mandatory retirement age of 67, as mandated by the Greek constitution. History The Areios Pagos is named after the first court of ''androfonies'' (crimes of murder), founded between 1500-1300 BC by Theseus and King Cecrops, which was situated on the rocky ...
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