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Topic: Federal Court of Justice of Germany


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In the News (Sun 3 Jun 12)

  
  Foreign & International - Germany
Federal laws as well as state laws in full-text.
Das Bundesgesetzblatt (Federal Official Gazette) Part I as a free online version is available as a free read-only pdf version beginning with January 1998 and Part II as a free version after registration (cannot be printed) from Bundesanzeiger publishers.
The German Federal Ministry of Justice has commissioned a translation of the Bürgerliches Gesetzbuch (or BGB), the Civil Code of Germany.
www.law.nyu.edu /library/foreign_intl/germany.html   (544 words)

  
  Understanding Terrorism Cases - U.S. Courts Educational Outreach
The District Court dismissed the petition for lack of jurisdiction.
Jackson also pointed out the possibility that, if the Court ruled in favor of the German nationals, there was the possibility that they could escape punishment, since it was questionable whether any law allowed the federal courts to hear these types of cases.
Justice Hugo Black, writing for the dissenters, said that the German nationals had some legitimate points and that the writ of habeas corpus should be granted so that the federal courts could at least inquire about them.
www.uscourts.gov /outreach/topics/habeascorpus_casestudy.htm   (1341 words)

  
 Germany 29 January 2004 Appellate Court Frankfurt [translation available]
The Court of First Instance rejected the claim, stating at the outset that the facts of the case were to be judged pursuant to the rules of the Uniform UN International Sales Code (CISG).
The contention of the [Seller's assignee] that the Court of First Instance misapplied the decision of the Federal Court of Justice (BGH [*]) (cited in) NJW [*] 1969, at page 1171, to the present case, is not effective.
The decision of the Federal Court of Justice deals with the question of a fault in the case of a suspicion of injurious conditions for health that is based on concrete facts - confirming that situation.
cisgw3.law.pace.edu /cases/040129g1.html   (2634 words)

  
 Germany
Germany was invited by the Community of Democracies' (CD) Convening Group to attend the November 2002 second CD Ministerial Meeting in Seoul, Republic of Korea, as a participant.
In 2000 the Federal Constitutional Court ruled that lower courts had erred in denying asylum to three Afghan applicants because their persecutors were not a state government but members of a Mujahadeen group--a quasi-governmental entity.
Federal regulations limit the workweek to a maximum of 48 hours, but the number of hours of work per week was regulated by contracts that directly or indirectly affect 80 percent of the working population.
www.state.gov /g/drl/rls/hrrpt/2002/18367.htm   (9573 words)

  
 2004 Country Report on Human Rights Practices in Germany
Germany is a constitutional parliamentary democracy; citizens periodically choose their representatives in free and fair multiparty elections.
The Federal Criminal Office (BKA) reported in their annual report on trafficking in persons that the numbers of known and registered victims in 2003 was 1,235, and the percentage of registered victims under age 18 continued to be in the 5 percent range.
All 16 states incorporated the federal guidelines into their building codes, and 98 percent of federal public buildings followed the guidelines for a "barrier free environment." Building regulations for private property are decided on a state by state basis.
www.state.gov /g/drl/rls/hrrpt/2004/41683.htm   (10141 words)

  
 German Court Asked to Pursue 9-11 Clues - Forbes.com   (Site not responding. Last check: 2007-10-14)
An attorney for families of Sept. 11 victims asked a court Friday to seek testimony from an al-Qaida suspect in Syria, saying it could lead to a stiffer sentence for a man convicted in Germany of aiding the suicide hijackers.
Sabine Westphalen, the spokeswoman for the state court in Hamburg, said the court had not yet had a chance to consider the request.
The Federal Court of Justice in Germany ruled that evidence showed the 32-year-old Moroccan was aware Atta and fellow suicide pilots Marwan al-Shehhi and Ziad Jarrah planned to hijack and crash planes, even though he might not have known the specifics of the plot.
www.forbes.com /home/feeds/ap/2006/12/08/ap3240516.html   (584 words)

  
 Sandra Day O'Connor
When her husband served in the Army in Germany as a Judge Advocate General (JAG-legal officer in the Army), O'Connor worked as a civilian attorney in the quartermaster corps of the Army.
During her tenure on the Court, Justice O'Connor suffered from cancer, but has shown no effects from it in the past several years.
She retired from the Court in late January 2006 after the confirmation of her successor, Samuel Alito.
www.michaelariens.com /ConLaw/justices/oconnor.htm   (431 words)

  
 The Justices of the Supreme Court
Stephen Breyer, Associate Justice, was born August 15, 1938, in San Francisco, California, the son of Irving G. Breyer and Anne R. Breyer.
Justice Breyer served as clerk to the Honorable Arthur J. Goldberg, Associate Justice, Supreme Court of the United States, during the 1964-1965 term.
Clarence Thomas, Associate Justice, was born in the Pinpoint community of Georgia near Savannah June 23, 1948.
www.usscplus.com /info/justices.htm   (1556 words)

  
 Constitution Day - U.S. Courts Educational Outreach
Eisentrager, 339 U.S. In this case, the Court ruled that Nazi war criminals who were captured in China, tried by a U.S. military commission, and sentenced to prison terms in Germany were not entitled to habeas corpus relief in a federal court.
The Court's reasoning was that the jurisdiction of federal courts does not extend to members of foreign countries who are tried, convicted, and serving sentences abroad.
The Court therefore concluded that the petitioners were entitled to challenge the legality of their confinement in federal court.
www.uscourts.gov /outreach/resources/judicialindependence/rasul.html   (366 words)

  
 CBC News Indepth: Supreme Court
Justice Marshall Rothstein was appointed to the Federal Court of Canada in 1992, 26 years after graduating from the University of Manitoba with a law degree.
One of the first cases on the agenda is the federal government's reference to the court on the highly controversial issue.
Three years later, Charron refused a federal Justice Department request to stay a ruling by an Ontario Superior Court judge that acquitted a youth on marijuana possession charges because there was no law to charge him under.
www.cbc.ca /news/background/supremecourt/nominees.html   (1484 words)

  
 JURIST - Germany
The German government is parliamentary, and a democratic constitution emphasizes the protection of individual liberty and division of powers in a federal structure.
Germany has an independent federal judiciary consisting of a constitutional court, a high court of justice, and courts with jurisdiction in administrative, financial, labor, and social matters.
The highest court is the Bundesverfassungsgericht (Federal Constitutional Court), which ensures a uniform interpretation of constitutional provisions and protects the fundamental rights of the individual citizen as defined in the Basic Law.
jurist.law.pitt.edu /worldlaw/germany.php   (366 words)

  
 Germany Info: Information Services: Archives: Background Papers
The Regional Court of Mannheim sentenced an Australian citizen to 10 months in prison on three counts of insulting and slandering the memory of the dead and on one count of inciting racial hatred and violence.
Ruling on the appeal of the Office of the State Prosecutor, the Federal Court of law also acknowledged the incitement count in the Internet cases, but quashed the sentence.
In the defendant's appeal, the court sent the case back to the regional court on grounds of a procedural error.
www.germany-info.org /relaunch/info/archives/background/bghpress.html?PHPSESSID=8bd36db72d4ef3e2548b60b204cca285   (492 words)

  
 ABC News: Friend of 9/11 hijackers agrees to remain in jail   (Site not responding. Last check: 2007-10-14)
The Federal Court of Justice in Karlsruhe, Germany's top appeals court, found Motassadeq guilty on Thursday of abetting the murder of 246 people, a crime which can carry a maximum jail sentence of 15 years.
However, he was re-arrested on Friday after the Federal Court of Justice upheld the prosecutors' appeal.
Last year a court convicted Motassadeq, a member of a group of radical Arab students in Hamburg which organized the 2001 attacks in which nearly 3,000 people died, of belonging to a terrorist organization and gave him the 7-year sentence.
abcnews.go.com /US/wireStory?id=2665587   (346 words)

  
 Cageprisoners.com - serving the caged prisoners in Guantanamo Bay
The appeal concerns the ruling of the Hamburg Higher Regional Court that found the 32-year-old Moroccan guilty of being a member of the Hamburg terror cell and the one of the Federal Court of Justice, Weinland said.
The Federal Court of Justice, Germany's highest criminal court, on Nov. 16 found el-Motassadeq guilty of abetting the murders of more than 200 people because he knew that one or more planes would be hijacked and crashed and that people would be killed.
The court didn't consider the testimony of two witnesses, including that of suspected al-Qaeda leader Ramzi Binalshibh, Jacob said, according to the Sueddeutsche on Nov. 21.
www.cageprisoners.com /articles.php?id=18055   (347 words)

  
 The Supreme Court Historical Society
Meanwhile, in another long series of decisions, the Court was defining the constitutional rules for fair criminal trials in state courts.
Three federal judges heard testimony on teachers, courses of study, buildings; they heard lawyers for Brown and 12 other fl parents argue that the Kansas law permitting segregation violated the Fourteenth Amendment.
Delaware’s court of equity had found separate fl schools inferior and ordered fl children transferred to white schools at once; its highest court had sustained the order, and school officials had sought review in the Supreme Court.
www.supremecourthistory.org /02_history/subs_history/02_c13.html   (708 words)

  
 Mannesmann bonuses case reopened by court, German News, Germany, Expatica
But in its ruling Wednesday, the Karlsruhe-based Federal Court of Justice said it was completely revoking the Dusseldorf court acquittal and saying that Ackermann had failed to protect Mannesmann shareholders.
Wednesday's ruling and the prospect of a new lengthy court case has raised questions whether Ackermann will be forced to decide to stand down from his post with speculation already underway of a possible successor for the Deutsche Bank chief.
In the wake of the Karlsruhe court decision, two of Germany leading investor groups called on Ackermann to stand aside, underscoring analysts' concerns that the retrial could be deeply embarrassing for the bank.
www.expatica.com /actual/article.asp?subchannel_id=52&story_id=26392   (738 words)

  
 Revised charge to add to prison time for radical | The San Diego Union-Tribune
KARLSRUHE, Germany – An appeals court ruled yesterday that a Moroccan friend of the Sept. 11 hijackers was guilty of abetting mass murder and must return to court to receive a new, harsher prison sentence of up to 15 years.
But that court cleared him of abetting mass murder, saying he was a low-tier member of the group led by Mohamed Atta, who flew a plane into the World Trade Center.
The Federal Court of Justice in Karlsruhe, Germany's top appeals court, overturned that acquittal yesterday, ruling that Motassadeq was an accessory in the deaths of 246 passengers and crew members who died on four planes that crashed on Sept. 11.
www.signonsandiego.com /uniontrib/20061117/news_1n17terror.html   (240 words)

  
 Friend of 9/11 hijackers found guilty - Turkish Daily News Nov 17, 2006
A German court ruled on Thursday that a Moroccan friend of the Sept. 11 hijackers was guilty of abetting mass murder and must return to court to receive a new, harsher prison sentence of up to 15 years.
But that court cleared him of abetting mass murder, saying he was a low-tier member of the group led by Mohamed Atta, who flew the first plane into New York's World Trade Center.
The Federal Court of Justice in Karlsruhe, Germany's top appeals court, overturned that verdict on Thursday, ruling that Motassadeq was an accessory in the deaths of 246 passengers and crew members who died on four planes that crashed on Sept. 11.
www.turkishdailynews.com.tr /article.php?enewsid=59395   (621 words)

  
 Remarks of the Chief Justice, Court of Appeals for the Federal Circuit 20th Anniversary Judicial Conference, April 8, ...
When the Court of Appeals for the Federal Circuit was established 20 years ago, international judicial exchanges were not nearly as common as they are today.
Finally, because of the growing demands on the federal judiciary to participate in international judicial exchanges, in late 1993, the International Judicial Relations Committee of the Judicial Conference was established.
The visit was at the invitation of Chief Justice Góngora Pimentel of the Mexican Supreme Court and followed a similar visit to Washington by a Mexican delegation in November 1999.
www.supremecourtus.gov /publicinfo/speeches/sp_04-08-02a.html   (661 words)

  
 New Zealand's source for World News on Stuff.co.nz   (Site not responding. Last check: 2007-10-14)
BERLIN: A German high court will consider an appeal by a Moroccan friend of the September 11 hijackers this week and his lawyer said today he hoped his client's conviction on terrorism charges would be overturned.
A decision by Germany's highest court of appeals is likely to take several weeks, however, since the proceedings will focus on complicated, technical legal questions.
Motassadeq was convicted last year on charges of belonging to a terrorist organisation but was unexpectedly freed from a Hamburg prison in February after the Constitutional Court upheld a defence motion that he be released pending his appeal.
www.stuff.co.nz /stuff/0,2106,3826565a12,00.html   (554 words)

  
 Federal Court of Justice of Germany - Wikipedia, the free encyclopedia
The Bundesgerichtshof or BGH (German for "federal court of justice") is the highest appeals court in Germany for cases of civil and criminal law.
In civil law cases, it hears appeals against decisions of the Oberlandesgerichte (Superior State Courts), in criminal law cases against those of the Landgerichte or Inferior State Courts.
The Bundesgerichtshof was established in 1950 and is situated in Karlsruhe.
en.wikipedia.org /wiki/Federal_Court_of_Justice_of_Germany   (122 words)

  
 Gulfnews: 9/11 hijackers' friend faces new jail sentence
Karlsruhe: A German court ruled yesterday that a Moroccan friend of the September 11 hijackers was guilty of abetting mass murder and must return to court to receive a new, harsher prison sentence of up to 15 years.
But that court cleared him of abetting mass murder, saying he was a low-tier member of the group led by Mohammad Atta, who flew the first plane into New York's World Trade Center.
The Federal Court of Justice in Karlsruhe, Germany's top appeals court, overturned that verdict yesterday, ruling that Al Motassadeq was an accessory in the deaths of 246 passengers and crew members who died on four planes that crashed on September 11.
archive.gulfnews.com /world/Germany/10083224.html   (283 words)

  
 Federal Constitutional Court - Germany - Equal Employment Opportunities   (Site not responding. Last check: 2007-10-14)
The Federal Constitutional Court is called upon to verify the compatibility of legislative acts and court decisions with the basic principles promulgated in the constitution.
If the subject matter under dispute concerns issues also covered by European jurisdiction, it is incumbent on the Courts to refer the dispute to the Court of Justice of the European Communities (ECJ).
Decisions of the ECJ are binding on German Labour Courts as well as the Federal Constitutional Court.
www.ilo.org /public/english/employment/gems/eeo/law/germany/ct_fcc.htm   (192 words)

  
 International Parental Child Abduction Germany
GENERAL INFORMATION: Germany is a federal country that consists of 16 states.Nevertheless, substantive and procedural law on domestic relations is federal law.Germany became party to the Hague Convention on the Civil Aspects of International Child Abduction (the “Hague Convention”) on December 1, 1990.
The GCA's goal is to forward the case to the competent court within seven days of receiving the completed application; this includes all necessary documents and translations to substantiate the facts of the case, as well as payment or a completed legal aid application.
An applicant's right to custody under the Convention may 1) result from a court order that precedes the child's removal to/retention in Germany or 2) be established by state statute or case law in the state of habitual residence.
travel.state.gov /family/abduction_germany.html   (2973 words)

  
 9/11 Accessory Convicted In Germany |Sky News|House Ads
The Federal Court of Justice in Germany ruled Mounir el Motassadeq played a direct role in the 2001 terrorist plot.
It decided that a Hamburg court, during an earlier hearing, was wrong to clear him of direct involvement in the attacks, which killed more than 2,000 people.
The Federal court has now ordered the Hamburg court to reconsider his sentence.
news.sky.com /skynews/article/0,,70131-1241030,00.html?f=rss   (285 words)

  
 A | More | Perfect | Union
Four major court cases testing the constitutionality of wartime treatment of Japanese American citizens reached the U.S. Supreme Court in 1943 and 1944.
The US Supreme Court justices who ruled on the four cases were divided over the constitutional issues in question.
The writ charged that in 1943-1944 federal officials had deliberately altered, suppressed, and concealed crucial evidence in prosecuting the case against Fred Korematsu.
americanhistory.si.edu /perfectunion/non-flash/justice_court.html   (685 words)

  
 FederalNewsRadio - WFED: World News
President Jalal Talabani might not be required to approve an appeals court decision upholding Saddam Hussein's death sentence and is awaiting a court's ruling on the question, a presidential spokesman said Wednesday.
Illegal Migrant Arrests Down in U.S. Arrests of illegal migrants along the U.S.-Mexican border have dropped by more than a third since U.S. National Guard troops started helping with border security, suggesting that fewer people may be trying to cross.
A Taiwanese court on Wednesday convicted the son-in-law of President Chen Shui-bian of insider trading and sentenced him to six years in prison.
www.federalnewsradio.com /index.php?nid=82&sid=976847   (472 words)

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