Post by King James I on May 27, 2007 16:47:23 GMT
I present to you, The Judiciary Systems Act 2007. Debate on this topic shall close in 3 days, at which point it'll be moved to the Exterior for the vote.
The Judiciary Systems Act 2007
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The following legislation enacted in line with the II Constitution Of Jamzinia, shall form the statute law of the Judiciary system of Jamzinia and it’s corresponding subordinates;
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Article 1 - Basis Of Law
1.The basis of Jamzinian law shall exist in two forms; Common Law and Statute Law. Common law shall be based upon precedent - decisions reached in similar court cases in the past. Therefore the importance of common law being followed in cases is essential, not only for the relevant court case, but also for future cases of a similar nature. Statute law shall be based upon the legislation existing in the form of an act, or ultimately the Constitution.
2. Common law shall ensure the courts are consistent in their decisions, and that the laws applicable are relatable to modern society.
3. Statute law should form the primary basis for Jamzinian law, common law should be looked to when a Judge sees that a piece of statute legislation is no longer reasonably applicable.
Article 2 - Recognised Courts
1. The sole court in Jamzinia shall be the Jamzinian High Court.
2. The Jamzinian High Court shall deal with both Civil law, and criminal law.
Article 3 - Duties And Purpose
1. The judiciary system of Jamzinia shall exist to protect the nation of Jamzinia, the crown, and it’s law abiding citizens. The Jamzinian High Court shall hold full Jurisdiction over the Jamzinian citizens and anyone participating in the community of Jamzinia.
Article 4 - Classification & Procedure
1. Legal matters between individuals, organisations or companies shall be classed as civil law material. In these matters, action is to be pursued by the individuals, organisations or companies. Individuals seeking financial compensation for negligence are to be included in the classification of civil law. The individual, or body pressing for action must state their desire to press charges to the Jamzinian High Court.
2. Circumstances in which unlawful activity takes place in such a manner that the national security is under threat, that social order is disrupted or that the authority of the state is challenged, shall be classed as criminal law material. Criminal law therefore deals with matters of significant public concern. In contrast with civil law, actions are to be pursued by the state rather than private citizens.
3. Offences should be reported to the Jamzinian High Court, and shall be dealt with according to their classification.
(a) Offences of a criminal nature may be reported by any person who holds Jamzinian citizenship. The report must be submitted to The House Of The Interior, and must include details of the alleged offence. It shall be the duty of the Prime Minister to decide whether the case is to be taken further, and ultimately officially submitted to the Jamzinian High Court. Should the Prime Minister fail to reach a decision within a period of seven days for whatever reason, the monarch may make the decision. Failure to act on the submitted report on the behalf of the government within a period of twenty eight days shall result in the case being dropped, and ultimately a ceasing to proceedings. Future proceedings for the same alleged offence may continue in future, however for this to take place, a new report must be submitted.
(b) In the circumstances of an alleged offence being reported officially by the government, the prosecutor, in this case the monarch or the Prime Minister, must initially detail the nature of the offence, the alleged offender, and the date on which the incident/s took place. The individual accused of the alleged offence shall be known as the defendant. Upon submitting the report, the monarch must assign a judge to the case within ten days. Failure to do so shall result in a formal vote being staged in the House Of The Exterior to decide from a list of pre-selected candidates by the Prime Minister. The vote should last a duration of three days.
(c) Providing the judge is satisfied there is sufficient reason to begin proceedings, he must issue a summons to the defendant, informing them of the claims being issued against them. Details must be provided, including the precise nature of the incident, and the relevant piece of legislation they are allegedly in breach of. The summons must include a date and time by which the defendant must submit their plea; ‘guilty’ or ‘not-guilty’. The summons must be posted on the forums in the Jamzinian High Court. Should the judge find insufficient reason to begin proceedings, the trial shall end in the accused cleared of any wrongdoing.
(d) A plea of guilty will result in the judge sentencing the offender. A plea of not-guilty shall result in a pre-trial hearing. A formal report must be submitted by the defendant defending their actions, and giving their account of what happened within seven days of their not-guilty plea. The account may include evidence and witness accounts. The prosecution may also put forward any further evidence and witness accounts should they wish to. However for evidence and witness accounts on either side to prove viable, the judge must be satisfied that they are genuine and necessary for the nature of the offence. The judge should then review the initial report put forward by the prosecution, the account put forward by the defendant, and any additional reports, evidence, information or witness accounts that have been submitted. All of which must have been forwarded within the seven days since the plea was submitted. The judge shall be entitled to a maximum of five days, before he must set a trial date. The trial date shall not be longer than fifteen days from the end of the five day period, and must be posted in the Jamzinian High Court.
(e) The trial shall commence from the date and time that is set, and shall continue for a maximum duration of seven days. The Judge must post the opening statement for the trial, outlining the details of the allegation, reports, witness accounts, evidence of both the prosecution and the defendant. Subsequently both the prosecution and the defendant must post a reply confirming their presence within 36 hours. Absence of the prosecution shall result in the defendant being found not-guilty. Absence of the defendant shall result in them being found guilty of the accused and may also face further prosecution for failure to show in court. Providing both the prosecution and the defendant attend, the trial shall continue. Each ‘side’ shall be entitled to directly-examine a maximum of two of their own witnesses, using a series of questions in an attempt to back up their claim, or version of events. Each side is entitled up to a maximum of seven posts per direct-examination. Their witness is entitled to one response to each. The prosecution’s direct-examination begins first, once the prosecution rests, the judge shall invite the defendant’s direct-examination to begin. Upon completion of both direct-examinations, the judge should invite cross-examination of the defendant’s witnesses. The prosecution may choose up to three of the defendant’s witnesses to cross-examine. Again, a maximum of seven posts may be made in the examination by each side. The witness is entitled one response to each. Once the prosecution rests, the defendant may cross-examine a maximum of three of the prosecution’s witnesses. Again, the defendant may make a maximum of seven posts, with the witness being entitled to one response for each. During cross-examination, the judge may contravene at any point should he see a question, or statement as irrelevant, in which case, the corresponding response from the witness shall be deemed unfit for further use.
(f) The verdict shall be given by the judge once the cross-examinations have ceased. He shall be entitled to a maximum of twenty four hours to deliver his verdict. Should the judge find the defendant ‘not-guilty’ the accused will be cleared of any wrongdoing. A verdict of ‘guilty’ shall result in the judge sentencing the offender.
(g)Offences of a civil nature may be reported by any person who holds Jamzinian citizenship. The report must be submitted to Jamzinian High Court, and must include details of the alleged offence that has seemingly caused damage or wrong to be inflicted upon the claimant. The report must include the nature of the offence, the date, detailed accounts of what harm has been inflicted on the claimant, and the ammount the claimant is seeking as compensation. Providing the judge is satisfied there is sufficient reason to begin proceedings, he must issue a summons to the defendant, informing them of the claims being issued against them. Details must be provided, including the precise nature of the incident, the relevant piece of legislation they are allegedly in breach of, and the amount of money they are being sued for. The summons must include a date and time by which the defendant must submit their plea; ‘liable’ or ‘not-liable’. The summons must be posted on the forums in the Jamzinian High Court. Should the judge find insufficient reason to begin proceedings, the trial shall end in the accused cleared of any wrongdoing, and shall be found not-liable.
(h) A plea of ‘liable’ will result in the offender having to pay the full amount of compensation. A plea of ‘not-liable’ shall result in a pre-trial hearing. A formal report must be submitted by the defendant, defending their actions, and giving their account of what happened within seven days of their not-liable plea. The account may include evidence and witness accounts. The prosecution may also put forward any further evidence and witness accounts should they wish to. However for evidence and witness accounts on either side to prove viable, the judge must be satisfied that they are genuine and necessary for the nature of the offence. The judge should then review the initial report put forward by the prosecution, the account put forward by the defendant, and any additional reports, evidence, information or witness accounts that have been submitted. All of which must have been forwarded within the seven days since the plea was submitted. The judge shall be entitled to a maximum of five days, before he must set a trial date. The trial date shall not be longer than fifteen days from the end of the five day period, and must be posted in the Jamzinian High Court.
(i) The trial shall commence from the date and time that is set, and shall continue for a maximum duration of seven days. The Judge must post the opening statement for the trial, outlining the details of the allegation, reports, witness accounts, evidence of both the prosecution and the defendant. Subsequently both the prosecution and the defendant must post a reply confirming their presence within 36 hours. Absence of the claimant shall result in the defendant being found not-liable. Absence of the defendant shall result in them being found liable of the accused and may also face further prosecution for failure to show in court. Providing both the claimant and the defendant attend, the trial shall continue. Each ‘side’ shall be entitled to directly-examine a maximum of two of their own witnesses, using a series of questions in an attempt to back up their claim, or version of events. Each side is entitled up to a maximum of seven posts per direct-examination. Their witness is entitled to one response to each. The claimant’s direct-examination begins first, once the claimant rests, the judge shall invite the defendant’s direct-examination to begin. Upon completion of both direct-examinations, the judge should invite cross-examination of the defendant’s witnesses. The claimant may choose up to three of the defendant’s witnesses to cross-examine. Again, a maximum of seven posts may be made in the examination by each side. The witness is entitled one response to each. Once the claimant rests, the defendant may cross-examine a maximum of three of the claimant’s witnesses. Again, the defendant may make a maximum of seven posts, with the witness being entitled to one response for each. During cross-examination, the judge may contravene at any point should he see a question, or statement as irrelevant, in which case, the corresponding response from the witness shall be deemed unfit for further use.
(j) The verdict shall be given by the judge once the cross-examinations have ceased. He shall be entitled to a maximum of twenty four hours to deliver his verdict. Should the judge find the defendant ‘not-liable’ the accused will be cleared of any wrongdoing, and found not liable for any wrongs. A verdict of ‘liable’ shall result in the judge awarding a suitable amount of compensation to the claimant.
Article 5 - Sentences
1. Sentences in criminal law shall depend upon the nature of the incident, and the recommended sentence or fine in the relevant piece of legislation.
Article 6 - Appeals
1. Following a verdict, either side has up to twenty days to appeal in an attempt to overturn the decision. Appeals must be submitted to the House Of The Exterior, where a formal vote shall take place regarding the decision, providing the Prime Minister approves of the vote. The vote shall last a duration of seven days. The result of the vote shall be acted upon as if the judge had delivered the verdict. An appeal shall result in the appellant having to pay costs of whatever the Prime Minister sees fit. He should state the cost prior to the vote taking place, in order to give the appellant a chance to back down.
_____________________________________________________
The Judiciary Systems Act 2007
____________________________________________________
The following legislation enacted in line with the II Constitution Of Jamzinia, shall form the statute law of the Judiciary system of Jamzinia and it’s corresponding subordinates;
____________________________________________________
Article 1 - Basis Of Law
1.The basis of Jamzinian law shall exist in two forms; Common Law and Statute Law. Common law shall be based upon precedent - decisions reached in similar court cases in the past. Therefore the importance of common law being followed in cases is essential, not only for the relevant court case, but also for future cases of a similar nature. Statute law shall be based upon the legislation existing in the form of an act, or ultimately the Constitution.
2. Common law shall ensure the courts are consistent in their decisions, and that the laws applicable are relatable to modern society.
3. Statute law should form the primary basis for Jamzinian law, common law should be looked to when a Judge sees that a piece of statute legislation is no longer reasonably applicable.
Article 2 - Recognised Courts
1. The sole court in Jamzinia shall be the Jamzinian High Court.
2. The Jamzinian High Court shall deal with both Civil law, and criminal law.
Article 3 - Duties And Purpose
1. The judiciary system of Jamzinia shall exist to protect the nation of Jamzinia, the crown, and it’s law abiding citizens. The Jamzinian High Court shall hold full Jurisdiction over the Jamzinian citizens and anyone participating in the community of Jamzinia.
Article 4 - Classification & Procedure
1. Legal matters between individuals, organisations or companies shall be classed as civil law material. In these matters, action is to be pursued by the individuals, organisations or companies. Individuals seeking financial compensation for negligence are to be included in the classification of civil law. The individual, or body pressing for action must state their desire to press charges to the Jamzinian High Court.
2. Circumstances in which unlawful activity takes place in such a manner that the national security is under threat, that social order is disrupted or that the authority of the state is challenged, shall be classed as criminal law material. Criminal law therefore deals with matters of significant public concern. In contrast with civil law, actions are to be pursued by the state rather than private citizens.
3. Offences should be reported to the Jamzinian High Court, and shall be dealt with according to their classification.
(a) Offences of a criminal nature may be reported by any person who holds Jamzinian citizenship. The report must be submitted to The House Of The Interior, and must include details of the alleged offence. It shall be the duty of the Prime Minister to decide whether the case is to be taken further, and ultimately officially submitted to the Jamzinian High Court. Should the Prime Minister fail to reach a decision within a period of seven days for whatever reason, the monarch may make the decision. Failure to act on the submitted report on the behalf of the government within a period of twenty eight days shall result in the case being dropped, and ultimately a ceasing to proceedings. Future proceedings for the same alleged offence may continue in future, however for this to take place, a new report must be submitted.
(b) In the circumstances of an alleged offence being reported officially by the government, the prosecutor, in this case the monarch or the Prime Minister, must initially detail the nature of the offence, the alleged offender, and the date on which the incident/s took place. The individual accused of the alleged offence shall be known as the defendant. Upon submitting the report, the monarch must assign a judge to the case within ten days. Failure to do so shall result in a formal vote being staged in the House Of The Exterior to decide from a list of pre-selected candidates by the Prime Minister. The vote should last a duration of three days.
(c) Providing the judge is satisfied there is sufficient reason to begin proceedings, he must issue a summons to the defendant, informing them of the claims being issued against them. Details must be provided, including the precise nature of the incident, and the relevant piece of legislation they are allegedly in breach of. The summons must include a date and time by which the defendant must submit their plea; ‘guilty’ or ‘not-guilty’. The summons must be posted on the forums in the Jamzinian High Court. Should the judge find insufficient reason to begin proceedings, the trial shall end in the accused cleared of any wrongdoing.
(d) A plea of guilty will result in the judge sentencing the offender. A plea of not-guilty shall result in a pre-trial hearing. A formal report must be submitted by the defendant defending their actions, and giving their account of what happened within seven days of their not-guilty plea. The account may include evidence and witness accounts. The prosecution may also put forward any further evidence and witness accounts should they wish to. However for evidence and witness accounts on either side to prove viable, the judge must be satisfied that they are genuine and necessary for the nature of the offence. The judge should then review the initial report put forward by the prosecution, the account put forward by the defendant, and any additional reports, evidence, information or witness accounts that have been submitted. All of which must have been forwarded within the seven days since the plea was submitted. The judge shall be entitled to a maximum of five days, before he must set a trial date. The trial date shall not be longer than fifteen days from the end of the five day period, and must be posted in the Jamzinian High Court.
(e) The trial shall commence from the date and time that is set, and shall continue for a maximum duration of seven days. The Judge must post the opening statement for the trial, outlining the details of the allegation, reports, witness accounts, evidence of both the prosecution and the defendant. Subsequently both the prosecution and the defendant must post a reply confirming their presence within 36 hours. Absence of the prosecution shall result in the defendant being found not-guilty. Absence of the defendant shall result in them being found guilty of the accused and may also face further prosecution for failure to show in court. Providing both the prosecution and the defendant attend, the trial shall continue. Each ‘side’ shall be entitled to directly-examine a maximum of two of their own witnesses, using a series of questions in an attempt to back up their claim, or version of events. Each side is entitled up to a maximum of seven posts per direct-examination. Their witness is entitled to one response to each. The prosecution’s direct-examination begins first, once the prosecution rests, the judge shall invite the defendant’s direct-examination to begin. Upon completion of both direct-examinations, the judge should invite cross-examination of the defendant’s witnesses. The prosecution may choose up to three of the defendant’s witnesses to cross-examine. Again, a maximum of seven posts may be made in the examination by each side. The witness is entitled one response to each. Once the prosecution rests, the defendant may cross-examine a maximum of three of the prosecution’s witnesses. Again, the defendant may make a maximum of seven posts, with the witness being entitled to one response for each. During cross-examination, the judge may contravene at any point should he see a question, or statement as irrelevant, in which case, the corresponding response from the witness shall be deemed unfit for further use.
(f) The verdict shall be given by the judge once the cross-examinations have ceased. He shall be entitled to a maximum of twenty four hours to deliver his verdict. Should the judge find the defendant ‘not-guilty’ the accused will be cleared of any wrongdoing. A verdict of ‘guilty’ shall result in the judge sentencing the offender.
(g)Offences of a civil nature may be reported by any person who holds Jamzinian citizenship. The report must be submitted to Jamzinian High Court, and must include details of the alleged offence that has seemingly caused damage or wrong to be inflicted upon the claimant. The report must include the nature of the offence, the date, detailed accounts of what harm has been inflicted on the claimant, and the ammount the claimant is seeking as compensation. Providing the judge is satisfied there is sufficient reason to begin proceedings, he must issue a summons to the defendant, informing them of the claims being issued against them. Details must be provided, including the precise nature of the incident, the relevant piece of legislation they are allegedly in breach of, and the amount of money they are being sued for. The summons must include a date and time by which the defendant must submit their plea; ‘liable’ or ‘not-liable’. The summons must be posted on the forums in the Jamzinian High Court. Should the judge find insufficient reason to begin proceedings, the trial shall end in the accused cleared of any wrongdoing, and shall be found not-liable.
(h) A plea of ‘liable’ will result in the offender having to pay the full amount of compensation. A plea of ‘not-liable’ shall result in a pre-trial hearing. A formal report must be submitted by the defendant, defending their actions, and giving their account of what happened within seven days of their not-liable plea. The account may include evidence and witness accounts. The prosecution may also put forward any further evidence and witness accounts should they wish to. However for evidence and witness accounts on either side to prove viable, the judge must be satisfied that they are genuine and necessary for the nature of the offence. The judge should then review the initial report put forward by the prosecution, the account put forward by the defendant, and any additional reports, evidence, information or witness accounts that have been submitted. All of which must have been forwarded within the seven days since the plea was submitted. The judge shall be entitled to a maximum of five days, before he must set a trial date. The trial date shall not be longer than fifteen days from the end of the five day period, and must be posted in the Jamzinian High Court.
(i) The trial shall commence from the date and time that is set, and shall continue for a maximum duration of seven days. The Judge must post the opening statement for the trial, outlining the details of the allegation, reports, witness accounts, evidence of both the prosecution and the defendant. Subsequently both the prosecution and the defendant must post a reply confirming their presence within 36 hours. Absence of the claimant shall result in the defendant being found not-liable. Absence of the defendant shall result in them being found liable of the accused and may also face further prosecution for failure to show in court. Providing both the claimant and the defendant attend, the trial shall continue. Each ‘side’ shall be entitled to directly-examine a maximum of two of their own witnesses, using a series of questions in an attempt to back up their claim, or version of events. Each side is entitled up to a maximum of seven posts per direct-examination. Their witness is entitled to one response to each. The claimant’s direct-examination begins first, once the claimant rests, the judge shall invite the defendant’s direct-examination to begin. Upon completion of both direct-examinations, the judge should invite cross-examination of the defendant’s witnesses. The claimant may choose up to three of the defendant’s witnesses to cross-examine. Again, a maximum of seven posts may be made in the examination by each side. The witness is entitled one response to each. Once the claimant rests, the defendant may cross-examine a maximum of three of the claimant’s witnesses. Again, the defendant may make a maximum of seven posts, with the witness being entitled to one response for each. During cross-examination, the judge may contravene at any point should he see a question, or statement as irrelevant, in which case, the corresponding response from the witness shall be deemed unfit for further use.
(j) The verdict shall be given by the judge once the cross-examinations have ceased. He shall be entitled to a maximum of twenty four hours to deliver his verdict. Should the judge find the defendant ‘not-liable’ the accused will be cleared of any wrongdoing, and found not liable for any wrongs. A verdict of ‘liable’ shall result in the judge awarding a suitable amount of compensation to the claimant.
Article 5 - Sentences
1. Sentences in criminal law shall depend upon the nature of the incident, and the recommended sentence or fine in the relevant piece of legislation.
Article 6 - Appeals
1. Following a verdict, either side has up to twenty days to appeal in an attempt to overturn the decision. Appeals must be submitted to the House Of The Exterior, where a formal vote shall take place regarding the decision, providing the Prime Minister approves of the vote. The vote shall last a duration of seven days. The result of the vote shall be acted upon as if the judge had delivered the verdict. An appeal shall result in the appellant having to pay costs of whatever the Prime Minister sees fit. He should state the cost prior to the vote taking place, in order to give the appellant a chance to back down.
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