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German Legal System
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 legal pr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Amtsgerichte
An ''Amtsgericht'' (District Court) in Germany is an official court. These courts form the lowest level of the so-called 'ordinary jurisdiction' of the German judiciary (German ''Ordentliche Gerichtsbarkeit''), which is responsible for most criminal and civil judicial matters. The German ''Amtsgericht'' may be compared to the magistrates' courts in England and Wales, although it has much broader sentencing powers. Its name derives from the ''Amt'' as a denomination for an administrative and court district in many of the territories of the Holy Roman Empire. The main areas of an ''Amtsgericht's'' jurisdiction are: * court of first instance for civil case where the subject of litigation is worth €5,000 or less, and for litigation involving rental agreements, marriages, alimony and child custody. * court of first instance for criminal cases where no more than four years imprisonment is expected. Several exceptions exist, such as all homicide. * administration of several public r ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Constitutional Law
Constitutional law is a body of law which defines the role, powers, and structure of different entities within a State (polity), state, namely, the executive (government), executive, the parliament or legislature, and the judiciary; as well as the basic rights of citizens and, in federal countries History of the United States Constitution, such as the United States and Provinces of Canada, Canada, the relationship between the central government and state, provincial, or territorial governments. Not all nation states have codified constitutions, though all such states have a ''jus commune'', or law of the land, that may consist of a variety of imperative and consensual rules. These may include custom (law), customary law, Convention (norm), conventions, statutory law, precedent, judge-made law, or international law, international rules and norms. Constitutional law deals with the fundamental principles by which the government exercises its authority. In some instances, these princi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Social Law
Social law is a unified concept of law, which replaces the classical division of public law and private law. The term has both been used to mean fields of law that fall between "core" private and public subjects, such as corporate law, competition law, labour law and social security, or as a unified concept for the whole of the law based on associations. In reaction to classical jurisprudence in the 19th century, legal scholars questioned a rigid divide between private law and public law. The German legal philosopher, Otto von Gierke worked to develop a comprehensive history and theory of "social law" (''Soziales Recht''). Key tenets of Gierke's work were adopted and brought into English jurisprudence by Frederick W. Maitland. In France, Léon Duguit developed the concept of social law in his 1911 book, ''Le droit social, le droit individuel et la transformation de l’état''. A common thread has been an attachment to social justice in a democratic society.Louis Brandeis, ‘The ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Labour Law
Labour laws (also known as labor laws or employment laws) are those that mediate the relationship between workers, employing entities, trade unions, and the government. Collective labour law relates to the tripartite relationship between employee, employer, and union. Individual labour law concerns employees' rights at work also through the contract for work. are social norms (in some cases also technical standards) for the minimum socially acceptable conditions under which employees or contractors are allowed to work. Government agencies (such as the former US Employment Standards Administration) enforclabour law(legislature, regulatory, or judicial). History Following the unification of the city-states in Assyria and Sumer by Sargon of Akkad into a single empire ruled from his home city circa 2334 BC, common Mesopotamian standards for length, area, volume, weight, and time used by artisan guilds in each city was promulgated by Naram-Sin of Akkad (c. 2254–2218 BC), Sargo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Tax Law
Tax law or revenue law is an area of legal study in which public or sanctioned authorities, such as federal, state and municipal governments (as in the case of the US) use a body of rules and procedures (laws) to assess and collect taxes in a legal context. The rates and merits of the various taxes, imposed by the authorities, are attained via the political process inherent in these bodies of power, and not directly attributable to the actual domain of tax law itself. Tax law is part of public law. It covers the application of existing tax laws on individuals, entities and corporations, in areas where tax revenue is derived or levied, e.g. income tax, estate tax, business tax, employment/payroll tax, property tax, gift tax and exports/imports tax. There have been some arguments that consumer law is a better way to engage in large-scale redistribution than tax law because it does not necessitate legislation and can be more efficient, given the complexities of tax law. Major iss ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Administrative Law
Administrative law is the division of law that governs the activities of government agency, executive branch agencies of Forms of government, government. Administrative law concerns executive branch rule making (executive branch rules are generally referred to as "regulations"), adjudication, or the enforcement of laws. Administrative law is considered a branch of public law. Administrative law deals with the decision-making of such administrative units of government that are part of the executive branch in such areas as international trade, manufacturing, the Environment (biophysical), environment, taxation, broadcasting, immigration, and transport. Administrative law expanded greatly during the 20th century, twentieth century, as legislative bodies worldwide created more government agencies to regulate the social, economic and political spheres of human interaction. Civil law countries often have specialized administrative courts that review these decisions. In civil law ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Private Law
Private law is that part of a civil law legal system which is part of the ''jus commune'' that involves relationships between individuals, such as the law of contracts and torts (as it is called in the common law), and the law of obligations (as it is called in civil legal systems). It is to be distinguished from public law, which deals with relationships between both natural and artificial persons (i.e., organizations) and the state, including regulatory statutes, penal law and other law that affects the public order. In general terms, private law involves interactions between private individuals, whereas public law involves interrelations between the state and the general population. Concept One of the five capital lawyers in Roman law, Domitius Ulpianus, (170–223) – who differentiated ius publicum versus ius privatum – the European, more exactly the continental law, philosophers and thinkers want(ed) to put each branch of law into this dichotomy: Public and Priva ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ordinary Courts
Ordinary court or Judicial court is a type of court with comprehensive subject-matter jurisdiction compared to 'Specialized court' with limited jurisdiction over specific filed 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 (''french: ordre judiciaire'') are courts under TITLE VIII of Constitution of France separat ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
