Erich Emminger
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Erich Emminger
Erich Emminger (25 June 1880 – 30 August 1951) was a German lawyer and Catholic politician of the Center Party (Zentrum) and later of the Bavarian People's Party (BVP). He served as Minister of Justice in the Weimar Republic from 30 November 1923 until 15 April 1924 under Chancellor Wilhelm Marx. Early life Erich Emminger was born on 25 June 1880 in Eichstätt, Bavaria. His parents were Johann Adolf Erich Emminger (1856-1909), a ''Gymnasialprofessor'', and his wife Marie Therese (1854–99), née Müller, daughter of an Augsburg notary. Emminger married Maria Schärft in 1906. Their children included Otmar Emminger, who became president of the Deutsche Bundesbank. Following his training as a lawyer at Münster, Emminger practiced law at Augsburg (1906–08) and Nuremberg (1908–09). In 1909 he became a civil servant (state prosecutor and ''Amtsrichter''). He participated in World War I first as a voluntary soldier and later as a ''Kriegsgerichtsrat'' (judge-advocate). Polit ...
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Federal Ministry Of Justice (Germany)
The Federal Ministry of Justice (german: Bundesministerium der Justiz, ), abbreviated BMJ, is a German Cabinet, cabinet-level ministry of the Federal Republic of Germany. Under the German federal system, individual States of Germany, States are most responsible for the administration of justice and the application of penalties. The Federal Ministry of Justice devotes itself to creating and changing law in the classic core areas related to Constitutional law. The Ministry also analyzes the legality and constitutionality of laws prepared by other ministries. The German Federal Court of Justice of Germany, Federal Court of Justice, the German Patent and Trade Mark Office (GPTO), and the German Patent Court all fall under its scope. The ministry is officially located in Berlin. The BMJ was founded on January 1, 1877, as the Imperial Justice Office (''Reichsjustizamt''). After Germany became a republic in 1919, it was renamed ''Reichsministerium der Justiz'' (Imperial ministry of Justi ...
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Deutsche Bundesbank
The Deutsche Bundesbank (), literally "German Federal Bank", is the central bank of the Federal Republic of Germany and as such part of the European System of Central Banks (ESCB). Due to its strength and former size, the Bundesbank is the most influential member of the ESCB. Both the Bundesbank and the European Central Bank (ECB) are located in Frankfurt, Germany. It is sometimes referred to as "Buba" for Bundesbank, while its usual abbreviation is BBk in Germany and internationally DBB. The Bundesbank was established in 1957 and succeeded the Bank deutscher Länder, which introduced the Deutsche Mark on 20 June 1948. Until the euro was physically introduced in 2002, the Bundesbank was the central bank of the former Deutsche Mark ("German Mark", sometimes known in English as the "Deutschmark"). The Bundesbank was the first central bank to be given full independence, leading this form of central bank to be referred to as the ''Bundesbank model'', as opposed, for instance, to th ...
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Judiciary Of Germany
The judiciary of Germany is the system of courts that interprets and applies the law in Germany. The German legal system is a civil law mostly based on a comprehensive compendium of statutes, as compared to the common law systems. In criminal and administrative law, Germany uses an inquisitorial system where the judges are actively involved in investigating the facts of the case, as compared to an adversarial system where the role of the judge is primarily that of an impartial referee between the prosecutor or plaintiff and the defendant. In Germany, the independence of the judiciary is historically older than democracy. The organisation of courts is traditionally strong, and almost all federal and state actions are subject to judicial review. Judges follow a distinct career path. At the end of their legal education at university, all law students must pass a state examination before they can continue on to an apprenticeship that provides them with broad training in the lega ...
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Lay Judge
A lay judge, sometimes called a lay assessor, is a person assisting a judge in a trial. Lay judges are used in some civil law jurisdictions. Lay judges are appointed volunteers and often require some legal instruction. However, they are not permanent officers. They attend proceedings about once a month, and often receive only nominal or "costs covered" pay. Lay judges are usually used when the country does not have juries. Lay judges may be randomly selected for a single trial (as jurors are), or politically appointed. In the latter case they may usually not be rejected by the prosecution, the defense, or the permanent judges. Lay judges are similar to magistrates of England and Wales, but magistrates sit about twice as often. In different countries Austria In criminal proceedings, lay judges sit alongside professional judges on cases carrying a maximum punishment of more than five years, as well as for political crimes. Lay judges are also used in labor, social, and commercial ...
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Judge
A judge is a person who presides over court proceedings, either alone or as a part of a panel of judges. A judge hears all the witnesses and any other evidence presented by the barristers or solicitors of the case, assesses the credibility and arguments of the parties, and then issues a ruling in the case based on their interpretation of the law and their own personal judgment. A judge is expected to conduct the trial impartially and, typically, in an open court. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. In some jurisdictions, the judge's powers may be shared with a jury. In inquisitorial systems of criminal investigation, a judge might also be an examining magistrate. The presiding judge ensures that all court proceedings are lawful and orderly. Powers and functions The ultimate task of a judge is to settle a legal dispute in a final and publicly lawful manner in agreement with substantial p ...
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Trier Of Fact
A trier of fact or finder of fact is a person or group who determines which facts are available in a legal proceeding (usually a trial) and how relevant they are to deciding its outcome. To determine a fact is to decide, from the evidence presented, whether something existed or some event occurred. The factfinder differs by the type of proceeding. In a jury trial, it is the jury; in a non-jury trial, the judge is both the factfinder and the trier of law. In administrative proceedings, the factfinder may be a hearing officer or a hearing body.Law Dictionary: Fact-Finder
Accessed 17 November 2008.


Juries

In a jury trial, a is the trier of fact. The

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Jury
A jury is a sworn body of people (jurors) convened to hear evidence and render an impartiality, impartial verdict (a Question of fact, finding of fact on a question) officially submitted to them by a court, or to set a sentence (law), penalty or Judgment (law), judgment. Juries developed in England during the Middle Ages and are a hallmark of the English common law system. As such, they are used by the United Kingdom, the United States, Canada, Ireland, Australia, and other countries whose legal systems were derived from the British Empire. But most other countries use variations of the European Civil law (legal system), civil law or Islamic sharia, sharia law systems, in which juries are not generally used. Most trial juries are "petit juries", and usually consist of twelve people. Historically, a larger jury known as a grand jury was used to investigate potential crimes and render indictments against suspects. All common law countries except the United States and Liberia hav ...
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Emminger Reform
The Emminger Decree or Emminger Reform (german: Emminger Verordnung, ''Lex Emminger'', or '; formally the ') was an emergency decree in the democratic Weimar Republic by Justice Minister Erich Emminger ( BVP) on 4 January 1924 that among other things abolished the jury as trier of fact and replaced it with a mixed system of judges and lay judges in Germany's judiciary which still exists today. Background The modern jury trial was first introduced in the Rhenish provinces in 1798, with a court consisting most commonly of 12 citizens ('). A Swabian ordinance of 1562 had also called for the summons of jurymen ('), and various methods were in use in Emmendingen, Oppenau, and Oberkirch. Hauenstein's charter of 1442 secured the right to be tried in all cases by 24 fellow equals, and in Friburg the jury was composed of 30 citizens and councilors. In Constance the jury trial was suppressed by decree of the Habsburg monarchy in 1786. The Frankfurt Constitution of the failed Revolutions of ...
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Reichstag (Weimar Republic)
The Reichstag of the Weimar Republic (1919–1933) was the lower house of Germany's parliament; the upper house was the Reichsrat, which represented the states. The Reichstag convened for the first time on 24 June 1920, taking over from the Weimar National Assembly, which had served as an interim parliament following the collapse of the German Empire in November 1918. Under the Weimar Constitution of 1919, the Reichstag was elected every four years by universal, equal, secret and direct suffrage, using a system of party-list proportional representation. All citizens who had reached the age of 20 were allowed to vote, including women for the first time, but excluding soldiers on active duty. The Reichstag voted on the laws of the Reich and was responsible for the budget, questions of war and peace, and confirmation of state treaties. Oversight of the Reich government (the ministers responsible for executing the laws) also resided with the Reichstag. It could force individual mi ...
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Reichstag (German Empire)
The Reichstag () of the German Empire was Germany's lower house of parliament from 1871 to 1918. Within the governmental structure of the Reich, it represented the national and democratic element alongside the federalism of the Bundesrat and the monarchic and bureaucratic element of the executive, embodied in the Reich chancellor. Together with the Bundesrat, the Reichstag had legislative power and shared in decision-making on the Reich budget. It also had certain rights of control over the executive branch and could engage the public through its debates. The emperor had little political power, and over time the position of the Reichstag strengthened with respect to the Bundesrat. Reichstag members were elected for three year terms from 1871 to 1888 and following that for five years. It had one of the most progressive electoral laws of its time: with only a few restrictions, all men 25 and older were allowed to vote, secretly and equally. The Reichstag met throughout the First Wo ...
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Judge-advocate
Judge-advocates are military lawyers serving in different capacities in the military justice systems of different jurisdictions. Australia The Australian Army Legal Corps (AALC) consists of Regular and Reserve commissioned officers that provide specific legal advice to commanders and general legal advice to all ranks. They must be admitted to practice as Australian Legal Practitioners. Canada The Office of the Judge Advocate General for the Canadian Forces provides legal advice to commanders at bases and wings, provides lawyers who defend accused persons at courts martial, teaches courses to other CF members or advises a commanding officer in an operational theatre to uphold the ethical and legal principles established by both the Canadian Forces and the Government of Canada. The current JAG of the Canadian Forces is Rear-Admiral G. Bernatchez. Denmark The Military Prosecution Service or Judge Advocate General's Corps (, short FAUK) is a Danish independent military prosec ...
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