Court structure and the legal profession : Germany :: Facts About Germany

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Court structure and the legal profession : Germany

Court structure and the legal profession : Germany

The Federal Republic’s courts are largely specialized and provide full legal protection. They fall into five categories:

>The “ordinary courts” are responsible for criminal matters, civil matters (such as matrimonial or family proceedings as well as disputes arising under private law such as sale or lease agreements) and non-contentious legal proceedings, which include conveyancing, probate and guardianship matters. There are four levels: the local court (Amtsgericht), the regional court (Landgericht), the higher regional court (Oberlandes-gericht) and the Federal Court of Justice (Bundes-gerichtshof). In criminal cases, depending on their nature, each of the first three courts can have jurisdiction, whereas in civil proceedings it will be either the local court or the regional court. One or two other courts may be appealed to on points of fact or law.

}> The labor courts (three levels: local, higher - i.e. state - and federal) handle disputes arising from employ-ment contracts and between management and labor, as well as matters covered by the Works Constitution Act. The labor courts decide, for instance, whether an employee has been fairly or unfairly dismissed.

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