A court of appeal , also known as a court of appeal , is a higher-level court that judges legal remedies against decisions by lower-level courts, these being collectively referred to as an appeal . But this is not always a vocation in the narrower sense. These courts also have different names in different countries.
In Germany there is a continuous demarcation between appeal and appeal ; since the standardization of the procedural rules through the Courts Constitution Act , the following are referred to as appeal courts and are responsible
- in criminal matters the small criminal chambers of the regional courts ,
- in civil matters the regional courts or higher regional courts ,
- in public law matters, the higher administrative courts and the regional social courts ,
- in labor matters the state labor courts .
The designation " Appellationsgericht (shof) " (AG) and " Oberappellationsgericht (shof) " (OAG) were abolished in Germany by the Reich Justice Acts.
- In the Kingdom of Bavaria , courts of appeal existed as courts of second instance until 1879 .
- In Prussia, courts of appeal existed as courts of second instance from 1849 to 1879 .
- In Electoral Saxony there were multilevel jurisdictions, possibilities of appeal and the court of appeal from 1559-1835.
In Switzerland are responsible
- in criminal and civil matters the higher courts (which also have different names depending on the canton, see there)
- in public law matters, the administrative courts ; From a hierarchical point of view, it is important to note that at the canton level, Swiss administrative justice is actually one-tier, ie the Swiss administrative courts are only conditionally a court of appeal, as the lower levels are not independent courts.
English speaking countries
- Karlheinz Blaschke : The Electoral Saxon Court of Appeal 1559-1835 and its archive. in: Journal of the Savigny Foundation for Legal History, Germ. Abt. 84, 1967, pp. 332f
- Martina Schattkowsky : With the means of the law. Studies on conflict resolution in a Saxon manor. Tel Aviv yearbook for German history, Volume XXII, on the social and conceptual history of the Middle Ages, Tel Aviv University, Bleicher Verlag, Gerlingen 1993, ISBN 3-88350-496-3 , p. 299. Explanations on the appellate court and the patrimonial jurisdiction on a specific Example in Saxony
- z. B. California Courts of Appeal .