How does a court make decisions
How does a procedure work?
The law determines the course of a procedure.
There are 2 possibilities.
1st possibility: decision by a judgment:
If the Federal Administrative Court decides by judgment,
then there is usually an oral hearing.
This happens in revision procedures
and in lawsuits.
2nd possibility: Decision by resolution:
When the Federal Administrative Court by decision decides
then there is no hearing.
In most cases it is about:
In a judgment, the Higher Administrative Court decided
that a revision is not allowed in a case.
An appeal will be filed against this decision.
This is called a non-admission complaint.
The Federal Administrative Court
then decide by a resolution.
In proceedings before the Federal Administrative Court
Every person must get a lawyer
or be represented by a lawyer.
How is a procedure initiated?
The process begins
when the correct document has reached the court.
- In legal proceedings, this is the application.
- In revision proceedings, this is the revision script.
What is a non-admission complaint?
The Higher Administrative Court decides in its judgment,
whether a revision is allowed.
If the revision is not allowed,
then every person involved can lodge a complaint.
This complaint is called a non-admission complaint
How does a
Non-admission complaint procedure?
The Senate decides
whether the revision is permitted.
In this case, the Senate consists of 3 judges.
There is no hearing.
The person involved must provide their reasons for admission
describe in a document.
The Senate is examining
whether there is at least 1 reason for admission in the law.
In this case, the Federal Administrative Court allows the appeal.
The decision is called a decision.
Negotiation in appeal and legal proceedings
There is an oral hearing.
Every person involved must be a lawyer
or have a lawyer.
The court sends a letter to the lawyers.
The letter is an invitation
that they should come to the trial.
The date and place of the hearing are written in the letter.
There is a chair in the negotiation.
that is, a judge leads the hearing.
The Senate consists of 5 judges.
At the beginning of the hearing, a judge declares
what the negotiation is about.
The court asks questions to those involved.
After the negotiation
the Senate consults.
The Senate makes a decision.
The Senate makes the verdict.
Judgment in appeal and legal proceedings
The Senate tells those involved
as he decided.
He also explains why he made that decision.
In most cases
it happens on the day of the trial.
In special cases
a separate date is set for the pronouncement of the judgment.
The time between the hearing and the pronouncement of the judgment
should not take more than 2 weeks.
Sometimes there is also a letter with the verdict
sent to the people involved.
The judgment and all reasons for the judgment will always be
written in a document.
The judges sign the judgment.
The court sends the written judgment
to those involved by post.
A lawsuit is a motion for a court decision.
The judicial decision is made in the lawsuit.
The judicial decision is the judgment.
Higher Administrative Court
Sometimes are citizens
disagree with the decision of an authority.
For example, it is about the way
how the authority proceeded with the decision.
For example, citizens find
that they have not been heard enough by the authorities.
Then you can sue an administrative court.
If you do not agree with this decision,
then they can sue at a higher administrative court.
In Germany there is in every country
1 Higher Administrative Court.
Only Berlin and Brandenburg
have a common higher administrative court.
There are 15 higher administrative courts in Germany.
If you disagree with a judgment,
then in certain cases you can appeal.
The judgment is reviewed in the appeal procedure.
Only the Supreme Court can conduct an appeal.
A Senate is a group.
In the senates in the Federal Administrative Court
the judges work.
The Senates make legal decisions in individual cases.
In the business distribution plan it is written down
what the senates are responsible for.
The term process means
the course of a court proceeding.
Court proceedings mean:
Everything that happens from the beginning to the end
when a case comes to court.
The law regulates
how a court proceeding has to work.
For example, which deadlines have to be met.
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