Process (law)
A process is an adversarial proceeding before a court , which by action (in the case of criminal proceedings by a prosecution is initiated) and then aims, the legal position by an enforceable decision (a court judgment , a court decision or a court settlement ) to clarify .
Litigation
The term “contentious” proceedings refers to the distinction between “non-contentious” proceedings, which are also carried out by courts; the latter include z. B. Procedures relating to the entry of land- related rights in the land register . They belong to the area of voluntary jurisdiction , which has its own procedural law. German law has no uniform procedural law. So “ trial ” is a broader, more general term than “trial”.
The different branches of the court each have their own procedural rules .
differentiation
An active process is a legal process from the plaintiff's perspective . This initiated the process. In contrast, the defendant leads a passive process - he did not seek the process, but “suffered” it.
See also
- Main hearing - according to German criminal procedure law, the core component of every criminal proceeding
- Rubrum
- Active legitimation
- Passive legitimation
- Litigator
literature
- Process . In: Heidelberg Academy of Sciences (Hrsg.): German legal dictionary . tape 10 , issue 9/10 (edited by Heino Speer and others). Hermann Böhlaus successor, Weimar 2001, ISBN 3-7400-0989-6 , Sp. 1415-1419 ( adw.uni-heidelberg.de ).
- Stephan Meder , Christoph Sorge: process . In: Gert Ueding (Hrsg.): Historical dictionary of rhetoric . tape 10 . WBG, Darmstadt 2011, Sp. 975-993 .
- Uwe Schultz (ed.): Large processes. Law and Justice in History. Verlag CH Beck, Munich 1996, ISBN 3-406-40522-3 .
