Decision (court)

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Court decisions express legal consequences , establish legal relationships or issue orders that are important for the progress of the proceedings.

According to the form of the decision, a distinction is made between judgments , resolutions and orders . The individual procedural rules determine which form is required.

judgment

For important decisions, especially those that complete or partially complete judicial proceedings, the law usually provides for the form of a judgment , which is usually based on an oral hearing.

decision

Resolutions are often passed without an oral hearing or after an optional hearing. They sometimes only decide on individual procedural issues. However, there are also resolutions that conclude the proceedings, or types of proceedings in which, according to the law, decisions are generally made in the form of a resolution, for example in voluntary jurisdiction or in compulsory enforcement proceedings .

Available

Litigation-guiding decisions of an individual judge or a senior judicial officer are often given as an order , otherwise in the form of a resolution .

Decisions in simplified procedures (Germany)

Special forms of judicial decisions in German civil proceedings are the default judgment according to § 331 ZPO and the enforcement order ( § 699 ZPO), in German criminal proceedings the penalty order ( § 407 StPO ), in German administrative proceedings - including financial and social court proceedings - the court order ( § 84 VwGO , § 90a FGO , § 105 SGG ). They are issued without an oral hearing (main hearing). These are decisions in a simplified procedure. Default judgment, enforcement order, penalty order and court order become final if no appeal is lodged. In the case of a court order, instead of filing an appeal, a party may also request an oral hearing before the court that issued the court order.

Sample texts for an injunction

  • Example of an injunction - page 1

  • Example of an injunction - page 2

Court decisions online (case law databases)

In the course of the digitization of the legal system, the texts of court orders are increasingly available online. Evidence and provision are made in legal information systems .

See also