FREE BOOKS

Author's List




PREV.   NEXT  
|<   304   305   306   307   308   309   310   311   312   313   314   315   316   317   318   319   320   321   322   323   324   325   326   327   328  
329   330   331   332   333   334   335   336   337   338   339   340   341   342   343   344   345   346   347   348   349   350   351   352   353   >>   >|  
these and other measures it has been brought about that throughout the Empire justice is administered in tribunals whose officials are appointed by the local governments and which render decisions in their name, but whose organization, powers, and rules of procedure are regulated minutely by federal law. The hierarchy of tribunals provided for in the Law of Judicial Organization comprises courts of four grades. At the bottom are the Amtsgerichte, of which there are approximately two thousand in the Empire. These are courts of first instance, consisting ordinarily of but a single judge. In civil cases their jurisdiction extends to the sum of three hundred marks; in criminal, to matters involving a fine of not more than six hundred marks or imprisonment of not over three months. In criminal cases the judge sits with two Schoeffen (sheriffs) selected by lot from the jury lists. Besides litigious business the Amtsgerichte have charge of the registration of land titles, the drawing up of wills, guardianship, and other local interests. Next above the Amtsgerichte are the 173 district courts, or Landgerichte, each composed of a president and a variable number of associate judges. Each Landgericht is divided into a civil and a criminal chamber. There may, indeed, be other chambers, as for example a Kammer fuer Handelssachen, or chamber for commercial cases. The president presides over a full bench; a director over each chamber. The Landgericht exercises a revisory jurisdiction over judgments of the Amtsgerichte, and possesses a more extended original jurisdiction in both civil and criminal matters. The criminal chamber, consisting of five judges (of whom four are necessary to convict), is competent, for example, to try cases of felony punishable with imprisonment for a term not exceeding five years. For the trial of many sorts of criminal cases there are special Schwurgerichte, or jury courts, which sit under the presidency of three judges of the Landgerichte. A jury consists of twelve members, of whom eight are necessary to convict. Still above the Landgerichte are the Oberlandesgerichte, of which there are twenty-eight in the Empire, each consisting of seven judges. The Oberlandesgerichte are courts of appellate jurisdiction largely. Each is divided into a civil and a criminal senate. There is a (p. 244) president of the full court and a similar official for each senate.[354] [Footnote 354: In Bav
PREV.   NEXT  
|<   304   305   306   307   308   309   310   311   312   313   314   315   316   317   318   319   320   321   322   323   324   325   326   327   328  
329   330   331   332   333   334   335   336   337   338   339   340   341   342   343   344   345   346   347   348   349   350   351   352   353   >>   >|  



Top keywords:

criminal

 

courts

 

jurisdiction

 
Amtsgerichte
 

chamber

 

judges

 

consisting

 

Landgerichte

 

president

 
Empire

convict

 
divided
 
imprisonment
 

matters

 
Landgericht
 

hundred

 

senate

 

tribunals

 
Oberlandesgerichte
 
Kammer

appellate

 
presides
 

Handelssachen

 

commercial

 
associate
 

official

 

number

 
variable
 

Footnote

 

similar


director

 

largely

 

chambers

 

exercises

 

Schwurgerichte

 

special

 

punishable

 

competent

 

exceeding

 

judgments


possesses

 

revisory

 
felony
 

members

 

twelve

 

original

 

presidency

 
extended
 

consists

 

twenty