Orientation phrase
An orientation set up in the law a short text for a court decision. It is more comprehensive than the not always easy to understand principles applied, the user provides a classification of the decision and thus provides orientation information that can often not presented by the guiding principles of a decision.
The orientation sentence is also placed in front of the actual text of the decision, so to speak highlighted for orientation, but it does not necessarily come from the decision-making body itself, but usually from the documentaries of the court or from the editorial staff of the publishing body. The guidelines of the judges of the Federal Labor Court are an exception .
In legal terms, and orientation set grows not in legal force , as it systematically not listen to the decision itself, but already design is by third parties. As a functional equivalent to the guiding principles, the orientation sentences created by the documentaries of the Federal Constitutional Court as well as additional information such as headline, catchwords and chain of norms represent "officially written guidelines" within the meaning of Section 5 (1) UrhG and thus enjoy no copyright protection.
Individual evidence
- ↑ Moritz, in: Location juris - Festschrift for the 10th anniversary of juris GmbH Fall 1995, 1996, p. 213 ff., With numerous practical examples.
- ↑ cf. Federal Association of Labor Lawyers in Companies: New member service: reference to the guidelines of the judges of the BAG Munich, July 10, 2018, p. 2 (example for guidelines).
- ↑ VGH Baden-Württemberg, judgment of May 7, 2013 - 10 S 281/12 LS 2
