Judicature
As case law (of Latin iudicare = "judge, judge," judizieren = "decide that the Court rule" of batteries also dijudizieren ) refers to popular belief, the binding determination disputed, doubted or endangered law in individual cases by the State an appointed, independent and independent body .
Insofar as this activity is carried out by judges with judicial independence and has a disputable character, one also speaks of judiciary or jurisdiction . According to the understanding of positive law, this includes all matters that the applicable law assigns to the judges to be dealt with in judicial independence.
The judicial power is acc. Art. 92 GG exercised by the Federal Constitutional Court , the federal courts provided for in the Basic Law and the courts of the federal states . Types of decision are court judgments and resolutions .
A single sentence is usually as Giudicato , a first decisive over a substantial question of law ruling as precedent referred.
When applying the law, judges need special judicial judgment and sensitivity ( judiciary ).
In addition to the interpretation and application of applicable law, the judiciary consists largely of judicial legal training and the creation of judicial law, particularly in areas that are only partially regulated by law, such as labor law .
Individual evidence
- ^ Carl Creifelds: Legal dictionary . 21st edition 2014. ISBN 978-3-406-63871-8
- ↑ BVerfGE 22, 49, 73 ff.
