Switzerland; Switzerland -- Politics and government -- 1815-
The Cantons are left quite free to organize their courts as they
please; justice, in general terms, being administered by the Canton
with recourse in specified cases to the Federal Tribunal. The cantonal
judicial organization presents two well-defined courts: the district
courts (_Bezirksgerichte_ or _Amtsgerichte_), which are courts of
first instance; and a supreme or appellate court (_Obergericht_ or
_Appellationsgericht_), which is the court of final instance. Some
of the Cantons have justices of the peace; these are elected by the
Communes for a term of six years, and have jurisdiction up to fifty
francs. Either party to a suit, or the justice, may demand that
two jurors elected by the casting of lots be summoned to assist in
the trial. For the hearing of criminal cases, there is a trial in
a few Cantons by a jury under the presidency of a section of the
supreme-court justices, but in the others a special criminal court
acts without a jury. In three of the large Cantons, Geneva, Zurich,
and St. Gallen, there are special _Cassation_ courts put above
the _Obergericht_. Zurich and Geneva have also special commercial
courts (_Handelsgerichte_). In many of the Cantons the supreme court
exercises certain semi-executive functions, taking the place of a
ministry of justice, in overseeing the action of the lower courts, and
of all judicial officers, such as the states-attorneys. The courts
make annual reports to the legislative council, containing a full
review of the judicial business of each year, discussing the state of
justice, with criticisms upon the system in vogue, and suggestions of
reform. These reports are important sources of judicial statistics.
The terms of cantonal judges vary from three to four and six years.
The judges of the inferior courts are elected directly by the people;
those of the supreme courts by the legislative council. In Bern the
legislative council also elects the presidents of the district courts.
No qualification for election to the bench is required except that of
being an “active citizen.” But invariably, to the higher courts at
least, competent lawyers are chosen; and re-election is the rule. The
district courts render final judgments on claims from fifty to two
hundred francs. Either party to the suit has the right to demand that
two district judges preside as associate judges. The district courts,
consisting of a president and four judges, decide as of first resort,
and the appellate chambers of the supreme court, as of second and final
resort, all claims exceeding two hundred francs. The commercial court
decides finally all claims exceeding five hundred francs, provided
the defendant is entered in the commercial register. In proceedings
before the district and commercial courts the claim is first submitted
to a justice acting as _propitiator_; he summons the parties for the
purpose of effecting an amicable adjustment of their difficulties; if
Public-domain text, read in full here on John Shaqi.
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