Kernrechtsfrage
Whether legal aid must be granted so plaintiffs can ask the trial court for an anthropological-heredity expert opinion in a paternity action.
Extrahierter Entscheid
Yes. The question whether such an expert opinion can be demanded is for the trial judge to decide; it cannot be pre-empted in a summary legal-aid review.
Extrahierte Begründung
Because the Federal Court had previously left the issue open and the constitutional court had treated it as a delicate substantive question, the legal-aid judge may not decide it on a summary assessment of the chances of success. Legal aid must therefore enable the plaintiffs to present the request to the competent merits court.