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Civil Procedure Code Of Austria
Zivilprozessordnung (ZPO) is the Austrian code of civil procedure. It was drafted in 1895 by Franz Klein, and superseded the Josephinian Common Court Regulations (Allgemeine Gerichtsordnung (AGO)) of 1781. Principles The Austrian litigious proceedings (Streitiges Verfahren) are governed by the following principles: * Orality and publicity (Grundsatz der Mündlichkeit und der Öffentlichkeit): The proceedings are oral and public. * Fair procedure (Grundsatz des beiderseitigen rechtlichen Gehörs): audiatur et altera pars. * Adversarial system (Dispositionsgrundsatz): The parties determine the commencement and subject of action. * Ex officio proceedings (Grundsatz des Amtsbetriebs): The conduct of legal proceeding Legal proceeding is an activity that seeks to invoke the power of a tribunal in order to enforce a law. Although the term may be defined more broadly or more narrowly as circumstances require, it has been noted that " e term ''legal proceedings'' i ...s and the s ...
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Austria
Austria, , bar, Östareich officially the Republic of Austria, is a country in the southern part of Central Europe, lying in the Eastern Alps. It is a federation of nine states, one of which is the capital, Vienna, the most populous city and state. A landlocked country, Austria is bordered by Germany to the northwest, the Czech Republic to the north, Slovakia to the northeast, Hungary to the east, Slovenia and Italy to the south, and Switzerland and Liechtenstein to the west. The country occupies an area of and has a population of 9 million. Austria emerged from the remnants of the Eastern and Hungarian March at the end of the first millennium. Originally a margraviate of Bavaria, it developed into a duchy of the Holy Roman Empire in 1156 and was later made an archduchy in 1453. In the 16th century, Vienna began serving as the empire's administrative capital and Austria thus became the heartland of the Habsburg monarchy. After the dissolution of the H ...
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Adversarial System
The adversarial system or adversary system is a legal system used in the common law countries where two advocates represent their parties' case or position before an impartial person or group of people, usually a judge or jury, who attempt to determine the truth and pass judgment accordingly. It is in contrast to the inquisitorial system used in some civil law systems (i.e. those deriving from Roman law or the Napoleonic code) where a judge investigates the case. The adversarial system is the two-sided structure under which criminal trial courts operate, putting the prosecution against the defense. Basic features As an accused is not compelled to give evidence in a criminal adversarial proceeding, they may not be questioned by a prosecutor or judge unless they choose to be; however, should they decide to testify, they are subject to cross-examination and could be found guilty of perjury. As the election to maintain an accused person's right to silence prevents any examinat ...
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Judicial Economy
Judicial economy or procedural economy is the principle that the limited resources of the legal system or a given court should be conserved by the refusal to decide one or more claims raised in a case. For example, the plaintiff may claim that the defendant's actions violated three distinct laws. Having found for the plaintiff for a violation of the first law, the court then has the discretion to exercise judicial economy and refuse to make a decision on the remaining two claims, on the grounds that the finding of one violation should be sufficient to satisfy the plaintiff. Threshold issue in a given case In the presence of a threshold issue that will ultimately decide a case, a court may, depending on the degree of prejudice to the litigants rights, elect to hear that issue rather than proceeding with a full-blown trial. Class action lawsuits Class action lawsuits are another example of judicial economy in action, as they are often tried as a single case, yet involve many cases ...
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Cooperative Principle
In social science generally and linguistics specifically, the cooperative principle describes how people achieve effective conversational communication in common social situations—that is, how listeners and speakers act cooperatively and mutually accept one another to be understood in a particular way. The philosopher of language Paul Grice introduced the concept in his pragmatic theory, argued such: Accordingly, the cooperative principle is divided into Grice's four maxims of conversation, called the Gricean maxims—quantity, quality, relation, and manner. These four maxims describe specific rational principles observed by people who follow the cooperative principle in pursuit of effective communication. Applying the Gricean maxims is a way to explain the link between utterances and what is understood from them. Though phrased as a prescriptive command, the principle is intended as a description of how people normally behave in conversation. Lesley Jeffries and Daniel McI ...
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Service Of Process
Service of process is the procedure by which a party to a lawsuit gives an appropriate notice of initial legal action to another party (such as a defendant), court, or administrative body in an effort to exercise jurisdiction over that person so as to force that person to respond to the proceeding before the court, body, or other tribunal. Notice is furnished by delivering a set of court documents (called " process") to the person to be served. Service Each jurisdiction has rules regarding the appropriate service of process. Typically, a summons and other related documents must be served upon the defendant personally, or in some cases upon another person of suitable age and discretion at the person's residence or place of business or employment. In some cases, service of process may be effected through the mail as in some small claims court procedures. In exceptional cases, other forms of service may be authorized by procedural rules or court order, including service by publi ...
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Legal Proceeding
Legal proceeding is an activity that seeks to invoke the power of a tribunal in order to enforce a law. Although the term may be defined more broadly or more narrowly as circumstances require, it has been noted that " e term ''legal proceedings'' includes proceedings brought by or at the instigation of a public authority, and an appeal against the decision of a court or tribunal". Legal proceedings are generally characterized by an orderly process in which participants or their representatives are able to present evidence in support of their claims, and to argue in favor of particular interpretations of the law, after which a judge, jury, or other trier of fact makes a determination of the factual and legal issues. *Activities needed to have a court deem legal process to have been provided, such as through service of process. *Conduct of a trial, whether a lawsuit or civil trial, or a criminal trial. *Issuance and enforcement of court orders, including those imposing foreclosure or ...
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Ex Officio
An ''ex officio'' member is a member of a body (notably a board, committee, council) who is part of it by virtue of holding another office. The term '' ex officio'' is Latin, meaning literally 'from the office', and the sense intended is 'by right of office'; its use dates back to the Roman Republic. According to ''Robert's Rules of Order'', the term denotes only how one becomes a member of a body. Accordingly, the rights of an ''ex officio'' member are exactly the same as other members unless otherwise stated in regulations or bylaws. It relates to the notion that the position refers to the position the ex officio holds, rather than the individual that holds the position. In some groups, ''ex officio'' members may frequently abstain from voting. Opposite notions are dual mandate, when the same person happens to hold two offices or more, although these offices are not in themselves associated; and personal union, when two states share the same monarch. For profit and nonprofit ...
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Commencement Of Action
Commencement of action is the formal procedure by which legal proceedings are initiated. Commencement of civil lawsuits begins when the plaintiff files the complaint with the court. Criminal proceedings are typically commenced by a government prosecutor. In many U.S. jurisdictions, depending on the rules, prosecutors may have the option to commence a criminal action by filing the petition directly with the court or by seeking an indictment from a grand jury. See also * Petition * Cause of action * Federal Rules of Civil Procedure * Federal Rules of Criminal Procedure The Federal Rules of Criminal Procedure are the procedural rules that govern how federal criminal prosecutions are conducted in United States district courts and the general trial courts of the U.S. government. They are the companion to the Federa ... * Comminatory {{law-term-stub Legal procedure ...
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Audiatur Et Altera Pars
(or ) is a Latin phrase meaning "listen to the other side", or "let the other side be heard as well". It is the principle that no person should be judged without a fair hearing in which each party is given the opportunity to respond to the evidence against them. "Audi alteram partem" is considered to be a principle of fundamental justice or equity or the principle of natural justice in most legal systems. This principle includes the rights of a party or its lawyers to confront the witnesses against them, to have a fair opportunity to challenge the evidence presented by the other party, to summon one's own witnesses and to present evidence, and to have counsel, if necessary at public expense, in order to make one's case properly. History of use As a general principle of rationality in reaching conclusions in disputed matters, "Hear both sides" was treated as part of common wisdom by the ancient Greek dramatists. A similar principle can also be found in Islamic law, based on a ...
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Civil Procedure
Civil procedure is the body of law that sets out the rules and standards that courts follow when adjudicating civil lawsuits (as opposed to procedures in criminal law matters). These rules govern how a lawsuit or case may be commenced; what kind of service of process (if any) is required; the types of pleadings or statements of case, motions or applications, and orders allowed in civil cases; the timing and manner of depositions and discovery or disclosure; the conduct of trials; the process for judgment; the process for post-trial procedures; various available remedies; and how the courts and clerks must function. Differences between civil and criminal procedure In most cases, criminal prosecutions are pursued by the state in order to punish offenders, although some systems, such as in English and French law, allow private citizens to bring a private prosecution. Conversely, civil actions are initiated by private individuals, companies or organizations, for their own benefit ...
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Fair Procedure
Fair procedure is a common law doctrine that arises from a line of groundbreaking decisions of the Supreme Court of California dating back to the 1880s. Certain types of private actors (especially professional associations, unions, hospitals, and insurance companies), due to their overwhelming economic power within certain fields, cannot arbitrarily expel members or employees or deny persons admission for no logical reason; they are obligated to provide a rudimentary form of procedural due process (in the form of notice and a hearing). It is contrasted against due process in that it applies to private actors, while due process normally applies only to state actors. Damages for violating the right of fair procedure can be substantial. For example, the State Compensation Insurance Fund was found liable for $1,131,000 for arbitrarily denying a small medical clinic admission to its preferred provider network. But the right of fair procedure only applies where the conduct of the c ...
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Publicity
In marketing, publicity is the public visibility or Brand awareness, awareness for any Product (business), product, Service (economics), service, person or organization (company, Charitable organization, charity, etc.). It may also refer to the movement of information from its source to the Public, general public, often (but not always) via the Mass media, media. The subjects of publicity include people of public interest, goods and services, organizations, and works of art or entertainment. A publicist is someone that carries out publicity, while public relations (PR) is the strategic management function that helps an organization establish and maintain communication with the public. This can be done internally, without the use of popular media. From a marketing perspective, publicity is one component of Promotion (marketing), promotion and marketing. The other elements of the ''promotional mix'' are advertising, sales promotion, direct marketing and sales, personal selling. Organ ...
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