Legal proceedings

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The judicial process , or procedure for short, is the judicial review of a situation for its legal consequences. In Austrian German, the court proceedings are also called Causa , not to be confused with the legal reason , which is also referred to. The term “ trial ” does not adequately describe court proceedings, as it is always based on a legal dispute .

Legal proceedings in Germany

Negotiations with conciliation bodies , arbitration boards or mediators are not legal proceedings . Even if arbitration proceedings take place before so-called arbitration tribunals and these also open a court of appeal (e.g. party jurisdiction), we cannot speak of court proceedings in the narrower sense.

Everyone has the right to a fair hearing in their case in accordance with Article 103, Paragraph 1 of the Basic Law . Because of the different regulatory matters, the federal legislature has passed different laws for the types of procedure:

Every code of procedure knows process maxims , i.e. principles on which the procedure is based.

The respective allocation of the disputes to the types of procedure is carried out in accordance with the respective law and the Courts Constitution Act .

Every legal proceeding usually also opens the way through the courts . The focus appeal (usually appeal , appeal or revision ) are available. The lawsuit enforcement procedure and the investigation enforcement procedure are an exception . Only one instance (before the Higher Regional Court ) is available in these two proceedings . This does not constitute a violation of Article 19 (4) of the Basic Law , since Article 19 IV of the Basic Law only guarantees a single instance under constitutional law.

The method or the process with the right force completed the sentence. Further termination options are the withdrawal of the action , the declaration that the main matter has been settled (with subsequent cost fixing ) or the settlement. Voluntary jurisdiction proceedings end with a decision .

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Web links

Wiktionary: Legal proceedings  - explanations of meanings, word origins, synonyms, translations