The German Law-Suit Without Lawyers

Authors

Simon E. Baldwin

Abstract

As in the Roman practice, during the formulary period, there were two judicial stages to every law-suit, one in which the issue was determined and: the mode of trial directed, and another for the trial itself, so there are two judicial stages to every German law-suit. In the first, the court finds out what is really in controversy; in the second is the trial. In most cases there must be written pleadings drawn by lawyers, and a trial conducted by lawyers. A plaintiff is not allowed to conduct his own cause in any of the higher courts. But the plaintiff has his option of suing by a lawyer, or not, in petty causes, involving not over three hundred marks, or a greater sum when arising from certain kinds of controversies, as between landlord and tenant, master and servant, travellers and inn-keepers, or seamen and ship. Should he elect not to have a lawyer to try his case, the defendant cannot have one either.

Recommended Citation

Simon E. Baldwin, The German Law-Suit Without Lawyers, 8 Mich. L. Rev. 30 (1909).
Available at: https://repository.law.umich.edu/mlr/vol8/iss1/4