Legal Aid In Germany
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Legal Aid In Germany
Legal aid in Germany is "embedded in the court system and is seen as a part of this". Germany was the first country to provide free legal aid representation for the poor in 1919, and represents the archetype of the so-called judicare system. Legal aid in civil and other non-criminal cases Legal aid can be provided in civil (which includes family law), administrative, labour, social welfare and even constitutional disputes before courts if a party is not in a position to pay court and counsel fees. Legal aid is provided by exemption from court costs and payment of counsel fees from the state budget upon decision by the court. The amount provided in legal aid cases paid to the lawyer is regulated in a statutory fee schedule, but considerably lower than counsel could normally claim according to the regular fee table from a client who is not entitled to legal aid. The German Code of Civil Procedure provided a subsection entitled "the right of the poor" (in German: ''Armenrecht'') to wh ...
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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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Dostoevsky Omsk State University
Dostoevsky Omsk State University (Омский государственный университет им. Ф. М. Достоевского), usually referred to as Omsk State University (Омский государственный университет) (OmSU) was founded in 1974 in the city of Omsk, Russia. The two original departments (Humanities and Science) and 40 professors have grown to 13 departments and a 1000-member faculty. The university has graduated more than 25,000 students. OmSU embraces its connections to the world and develops international relations with the universities of Europe, the United States, Mexico, Japan, China, Kazakhstan and other countries. Such cooperation led to the establishment of the Centers for Chinese, Kazakh and Ibero-American Studies which in its turn flows into the development of study and research abroad programs that provide the opportunity to conduct independent projects in a foreign country. Faculties The university has 12 faculties ...
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Defence Counsel
In a civil proceeding or criminal prosecution under the common law or under statute, a defendant may raise a defense (or defence) in an effort to avert civil liability or criminal conviction. A defense is put forward by a party to defeat a suit or action brought against the party, and may be based on legal grounds or on factual claims. Besides contesting the accuracy of an allegation made against the defendant in the proceeding, the defendant may also make allegations against the prosecutor or plaintiff or raise a defense, arguing that, even if the allegations against the defendant are true, the defendant is nevertheless not liable. Acceptance of a defense by the court completely exonerates the defendant and not merely mitigates the liability. The defense phase of a trial occurs after the prosecution phase, that is, after the prosecution "rests". Other parts of the defense include the opening and closing arguments and the cross-examination during the prosecution phase. ...
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Criminal Procedure
Criminal procedure is the adjudication process of the criminal law. While criminal procedure differs dramatically by jurisdiction, the process generally begins with a formal criminal charge with the person on trial either being free on bail or incarcerated, and results in the conviction or acquittal of the defendant. Criminal procedure can be either in form of inquisitorial or adversarial criminal procedure. Basic rights Currently, in many countries with a democratic system and the rule of law, criminal procedure puts the burden of proof on the prosecution – that is, it is up to the prosecution to prove that the defendant is guilty beyond any reasonable doubt, as opposed to having the defense prove that they are innocent, and any doubt is resolved in favor of the defendant. This provision, known as the presumption of innocence, is required, for example, in the 46 countries that are members of the Council of Europe, under Article 6 of the European Convention on Human R ...
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European Countries
The list below includes all entities falling even partially under any of the various common definitions of Europe, geographical or political. Fifty generally recognised sovereign states, Kosovo with limited, but substantial, international recognition, and seven largely unrecognised ''de facto'' states with limited to no recognition have territory in Europe and/or membership in international European organisations. There are eight entities that are not integral parts of a European state or have special political arrangements. Boundary of Europe Geographical Under the commonly used geographic definition, the boundary between the continents of Asia and Europe stretches along the Ural Mountains, the Ural River, and the Caspian Sea in the east, the Greater Caucasus range, and the Black Sea with its outlets, the Bosporus and the Dardanelles, in the south. Based on such a commonly used division of the continents, the transcontinental countries of Azerbaijan, Georgia, Kazakhstan, ...
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Per Capita
''Per capita'' is a Latin phrase literally meaning "by heads" or "for each head", and idiomatically used to mean "per person". The term is used in a wide variety of social sciences and statistical research contexts, including government statistics, economic indicators, and built environment studies. It is commonly used in the field of statistics in place of saying "per person" (although ''per caput'' is the Latin for "per head"). It is also used in wills to indicate that each of the named beneficiaries should receive, by devise or bequest, equal shares of the estate. This is in contrast to a ''per stirpes'' division, in which each branch (Latin ''stirps'', plural ''stirpes'') of the inheriting family inherits an equal share of the estate. This is often used with the ‘2-0 rule’, a statistical principle that determines which group is larger per capita. Under the 2-0 rule, a group is the largest per capita if it has both the biggest total size and size of the group of the obje ...
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Private Sector
The private sector is the part of the economy, sometimes referred to as the citizen sector, which is owned by private groups, usually as a means of establishment for profit or non profit, rather than being owned by the government. Employment The private sector employs most of the workforce in some countries. In private sector, activities are guided by the motive to earn money. A 2013 study by the International Finance Corporation (part of the World Bank Group) identified that 90 percent of jobs in developing countries are in the private sector. Diversification In free enterprise countries, such as the United States, the private sector is wider, and the state places fewer constraints on firms. In countries with more government authority, such as China, the public sector makes up most of the economy. Regulation States legally regulate the private sector. Businesses operating within a country must comply with the laws in that country. In some cases, usually involving multinatio ...
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Litigant
- A lawsuit is a proceeding by a party or parties against another in the civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today. The term "lawsuit" is used in reference to a civil action brought by a plaintiff (a party who claims to have incurred loss as a result of a defendant's actions) requests a legal remedy or equitable remedy from a court. The defendant is required to respond to the plaintiff's complaint. If the plaintiff is successful, judgment is in the plaintiff's favor, and a variety of court orders may be issued to enforce a right, award damages, or impose a temporary or permanent injunction to prevent an act or compel an act. A declaratory judgment may be issued to prevent future legal disputes. A lawsuit may involve dispute resolution of private law issues between individuals, business entities or non-profit organizations. A lawsuit may also enable the state to be treated as if it were a private party i ...
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Scenario
In the performing arts, a scenario (, ; ; ) is a synoptical collage of an event or series of actions and events. In the ''commedia dell'arte'', it was an outline of entrances, exits, and action describing the plot of a play, and was literally pinned to the back of the scenery. It is also known as ''canovaccio'' or "that which is pinned to the canvas" of which the scenery was constructed. Surviving scenarios from the Renaissance contain little other than character names, brief descriptions of action, and references to specific lazzi with no further explanation. It is believed that a scenario formed the basis for a fully improvisational performance, though it is also likely that they were simple reminders of the plot for those members of the cast who were literate. Modern commedia troupes most often make use of a script with varying degrees of additional improvisation. In the creation of an opera or ballet, a scenario is often developed initially to indicate how the original sou ...
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Merits Of The Case
In law, merits are the inherent rights and wrongs of a legal case, absent of any emotional or technical bias. The evidence is applied solely to cases decided on its merits, and any procedural matters are discounted. The term comes from Old French Old French (, , ; Modern French: ) was the language spoken in most of the northern half of France from approximately the 8th to the 14th centuries. Rather than a unified language, Old French was a linkage of Romance dialects, mutually intelligib ... ''merite'', meaning "reward" or "moral worth". External links Definition from Merriam-Webster.com Legal terminology {{law-term-stub ...
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Bench (law)
Bench used in a legal context can have several meanings. First, it can simply indicate the location in a courtroom where a judge sits. Second, the term bench is a metonym used to describe members of the judiciary collectively, or the judges of a particular court, such as the King's Bench or the Common Bench in England and Wales, or the federal bench in the United States. Third, the term is used to differentiate judges, who are referred to as "the bench", from attorneys or barristers, who are referred to as " the bar". The phrase "bench and bar" denotes all judges and lawyers collectively. The term "full bench" is used when all the judges of a certain court sit together to hear a case, as in the phrase "before the full bench", which is also referred to as . The historical roots of the term come from judges formerly having sat on long seats or benches (freestanding or against a wall) when presiding over a court. The bench is usually an elevated desk area that allows a judge ...
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Court
A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law. In both common law and civil law legal systems, courts are the central means for dispute resolution, and it is generally understood that all people have an ability to bring their claims before a court. Similarly, the rights of those accused of a crime include the right to present a defense before a court. The system of courts that interprets and applies the law is collectively known as the judiciary. The place where a court sits is known as a venue. The room where court proceedings occur is known as a courtroom, and the building as a courthouse; court facilities range from simple and very small facilities in rural communities to large complex facilities in urban communities. The practical authority given to ...
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