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Enabling Legislation
An enabling act is a piece of legislation by which a legislative body grants an entity which depends on it (for authorization or legitimacy) the power to take certain actions. For example, enabling acts often establish government agencies to carry out specific government policies in a modern nation. The effects of enabling acts from different times and places vary widely. Germany The German word for an enabling act is ''Ermächtigungsgesetz''. It usually refers to the enabling act of 23 March 1933 which became a cornerstone of Adolf Hitler's seizure of power. Acts of 1914–1927 The first enabling act is dated from 4 August 1914 just after the German entry into World War I. With the vote of the Social Democratic Party, the Reichstag (the German Empire's parliament) agreed to give the government certain powers to take the necessary economic measures during the war. Such enabling acts were also common in other countries. The Reichstag had to be informed, and had the right to ...
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Adolf Hitler
Adolf Hitler (; 20 April 188930 April 1945) was an Austrian-born German politician who was dictator of Nazi Germany, Germany from 1933 until Death of Adolf Hitler, his death in 1945. Adolf Hitler's rise to power, He rose to power as the leader of the Nazi Party, becoming the Chancellor of Germany, chancellor in 1933 and then taking the title of in 1934. During his dictatorship, he initiated European theatre of World War II, World War II in Europe by invasion of Poland, invading Poland on 1 September 1939. He was closely involved in military operations throughout the war and was central to the perpetration of the Holocaust: the genocide of Holocaust victims, about six million Jews and millions of other victims. Hitler was born in Braunau am Inn in Austria-Hungary and was raised near Linz. He lived in Vienna later in the first decade of the 1900s and moved to Germany in 1913. He was decorated during his Military career of Adolf Hitler, service in the German Army in Worl ...
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Hyperinflation In The Weimar Republic
Hyperinflation affected the German Papiermark, the currency of the Weimar Republic, between 1921 and 1923, primarily in 1923. It caused considerable internal political instability in the country, the occupation of the Ruhr by France and Belgium, and misery for the general populace. Background To pay for the large costs of the ongoing First World War, Germany suspended the gold standard (the convertibility of its currency to gold) when the war broke out. Unlike France, which imposed its first income tax to pay for the war, German Emperor Wilhelm II and the Reichstag decided unanimously to fund the war entirely by borrowing. The government believed that it would be able to pay off the debt by winning the war and imposing war reparations on the defeated Allies. This was to be done by annexing resource-rich industrial territory in the west and east and imposing cash payments to Germany, similar to the French indemnity that followed German victory over France in 1870.Evans, p. 1 ...
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Adolf Hitler's Rise To Power
Adolf Hitler's rise to power began in the newly established Weimar Republic in September 1919 when Hitler joined the '' Deutsche Arbeiterpartei'' (DAP; German Workers' Party). He rose to a place of prominence in the early years of the party. Being one of its best speakers, he was made the party leader after he threatened to otherwise leave. In 1920, the DAP renamed itself to the ''Nationalsozialistische Deutsche Arbeiterpartei'' – NSDAP (National Socialist German Workers' Party, commonly known as the Nazi Party). Hitler chose this name to win over German workers. Despite the NSDAP being a right-wing party, it had many anti-capitalist and anti-bourgeois elements. Hitler later initiated a purge of these elements and reaffirmed the Nazi Party's pro-business stance. By 1922 Hitler's control over the party was unchallenged. In 1923, Hitler and his supporters attempted a coup to remove the government via force. This seminal event was later called the Beer Hall Putsch. Upon its fa ...
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German National People's Party
The German National People's Party (german: Deutschnationale Volkspartei, DNVP) was a national-conservative party in Germany during the Weimar Republic. Before the rise of the Nazi Party, it was the major conservative and nationalist party in Weimar Germany. It was an alliance of conservative, nationalists, reactionary monarchists, völkisch and antisemitic elements supported by the Pan-German League.Nicholls, David (2000) ''Adolf Hitler: a biographical companion'' Oxford: ABC-CLIO. p.178. Quote: "The main nationalist party the German National People's Party DNVP was divided between reactionary conservative monarchists, who wished to turn the clock back to the pre-1918 Kaisereich, and more radical volkisch and anti-semitic elements. It also inherited the support of old Pan-German League, whose nationalism rested on belief in the inherent superiority of the German people" It was formed in late 1918 after Germany's defeat in World War I and the November Revolution that top ...
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Conservative Revolution
The Conservative Revolution (german: Konservative Revolution), also known as the German neoconservative movement or new nationalism, was a German national-conservative movement prominent during the Weimar Republic, in the years 1918–1933 (between World War I and the Nazi seizure of power). Conservative Revolutionaries were involved in a cultural counter-revolution and showed a wide range of diverging positions concerning the nature of the institutions Germany had to instate, labelled by historian Roger Woods the "conservative dilemma". Nonetheless, they were generally opposed to traditional Wilhelmine Christian conservatism, egalitarianism, liberalism and parliamentarian democracy as well as the cultural spirit of the bourgeoisie and modernity. Plunged into what historian Fritz Stern has named a deep "cultural despair", uprooted as they felt within the rationalism and scientism of the modern world, theorists of the Conservative Revolution drew inspiration from various e ...
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Friedrich Ebert
Friedrich Ebert (; 4 February 187128 February 1925) was a German politician of the Social Democratic Party of Germany (SPD) and the first president of Germany from 1919 until his death in office in 1925. Ebert was elected leader of the SPD on the death in 1913 of August Bebel. In 1914, shortly after he assumed leadership, the party became deeply divided over Ebert's support of war loans to finance the German war effort in World War I. A moderate social democrat, Ebert was in favour of the '' Burgfrieden'', a political policy that sought to suppress squabbles over domestic issues among political parties during wartime in order to concentrate all forces in society on the successful conclusion of the war effort. He tried to isolate those in the party opposed to the war and advocated a split. Ebert was a pivotal figure in the German Revolution of 1918–19. When Germany became a republic at the end of World War I, he became its first chancellor. His policies at that time were p ...
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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 leg ...
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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 commerci ...
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Judge
A judge is a person who wiktionary:preside, presides over court proceedings, either alone or as a part of a Judicial panel, panel of judges. A judge hears all the witnesses and any other Evidence (law), 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 law, case based on their interpretation of the law and their own personal judgment. A judge is expected to conduct the trial wiktionary:impartial, impartially and, typically, in an in open court, 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 ...
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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 impartial verdict (a finding of fact on a question) officially submitted to them by a court, or to set a penalty or 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 or Islamic 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 have phased these out. The modern criminal court jury arrangement has evolved out of the medi ...
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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 Revol ...
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