Divergence (right)

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One speaks of a divergence of court decisions when different courts or tribunals come to a different assessment of the same legal issue that is relevant to the decision . If there is such a divergence, a clarifying decision is often made by a higher authority . If a complaint is to be made on the basis of a divergence, the grounds of the complaint must explain the extent to which "the lower court, applying the same provision with an (abstract) legal clause based on its decision, has deviated from a legal clause set out in the case law of the higher court."

Individual evidence

  1. a b Federal Agency for Civic Education, 2007: Law AZ. Technical lexicon for studies and work. Bonn. Page 113.
  2. BVerwG 5 B 22.11 - VG Gera - December 15, 2010 - AZ: VG 2 K 1042/08 Ge