Post by Roylaii on Apr 8, 2022 8:18:50 GMT
Courts and Judiciary Act
The purposes of this act is to provide structure to a court system of Declansburg in accordance with article VI of the constitution. With the removal of the constitutions role in setting out the exact structure of the courts this legislations intent is to provide that structure, jurisdiction, practice and procedure.
In this Act, unless the context otherwise requires a court of record is a court wherein the cases are recorded for the purposes of providing precedence and information for deciding appeals.
Judicial Officers:
- Chief Judicial Officer to be the officer referred to as Judicial Officer in, and specifically bound by, the Judicial Officer Act.
- Associate Judicial Officer to be a deputy appointed to carry out specific provisions and powers constitutionally entrusted to the Judicial officer by Article VI, Section VI.
The Specific Powers of an Associate Judicial Officer are set out by the Chief Judicial Officer in accordance with the Judicial Officer Act and Article VI of the Constitution.
Any Judicial Officer must not also be the Attorney General or Founder, but may be any other elected regional officer.
A Judicial Officer must not hold any other office without the approval of the Chief Judicial Officer and Founder.
A Judicial Officer may resign from office at any time by written notice to the Founder.
A Judicial Officer may be only authorised by the Chief Judicial Officer to sit on a part-time basis for a specified limited period and/or case.
The Founder may, on the advice of the Attorney-General, remove a Judicial Officer from office on the grounds of inability or misbehaviour in relation to the Criminal Code, Disputes Act and the Judicial Officer Act. A Judicial Officer may not be removed from office except under this provision.
A Judicial Officer should recuse themselves from a case where they have personal commitments causing a conflict of interest, or upon the advice of the Attorney-General or Founder and refusal to do so constitutes misbehaviour.
Lower Circuit Court
The Lower circuit court shall be a court of record and presided over by the Chief Judicial Officer or an Associate Judicial Officer and is entitled to control the proceedings in reasonable fashion.
In all proceedings brought in the court the single sitting Judicial Officer must determine all questions of fact and law.
The Lower Circuit Court has original jurisdiction meaning that cases may begin and be first heard in this court. Minor appellate jurisdiction for limited appeals from tribunals, which are only to be granted by leave of the Lower Circuit court.
The Jurisdiction of the Court is specific and it can only hear criminal cases as set out by the Criminal Code.
No trial by jury may occur in the Lower Circuit Court unless express permission from the Judicial Council is Granted
Rulings may always be appealed from the Lower Circuit Court to the Higher Circuit Court by leave of the Chief Judicial Officer.
Higher Circuit Court
The Higher circuit court shall be a court of record and presided over by the Chief Judicial Officer or an Associate Judicial Officer and is entitled to control the proceedings in reasonable fashion.
In all proceedings brought in the court the single sitting Judicial Officer must determine all questions of fact and law.
The Higher Circuit Court has original jurisdiction meaning that cases may begin and be first heard in this court, but criminal cases unless extremely serious should still begin in the Lower Circuit Court. Appellate Authority is vested in the Higher Circuit Court to hear any accepted appeal out of the Lower Circuit Court and by extension give the appealed case a re-trial.
The Higher Circuit Court is hereby granted Inherent Jurisdiction granting the court the power to hear any case of all jurisdictions. Therefore any case that doesn't fall under the jurisdiction of the Lower Circuit Court should begin in this court.
Both parties to the dispute may request a jury trial, wherein a jury will be at least 4 and no more than 12, by permission of the presiding Judicial Officer.
Rulings may be appealed from the Higher Circuit Court to the Supreme Court by leave of the Chief Judicial Officer abiding by the rules of appeal to the Supreme Court.
Supreme Court
The Supreme Court shall be a court of record and presided over by the Judicial Council, Chaired by Chief Judicial Officer who is the one entitled to control the proceedings in reasonable fashion, which shall decided the verdict, or sentencing in a jury trial, by majority vote. The Judicial Council shall consist of all Judicial Officers currently empowered to serve, which may only end up being one.
The Supreme Court must not give leave to appeal unless it is satisfied that it is necessary in the interests of justice for the court to hear the appeal, the appeal involves a matter of general significance, or a substantial miscarriage of justice may have occurred, or may occur unless the appeal is heard. Such a ruling is to occur by the Judicial Council. This is to overrule specifically and only line 5 of the Judicial Officer Act.
In all proceedings brought in the court the sitting Judicial Officer(s) must determine all questions of fact and law.
Both parties to the dispute may request a jury trial, wherein a jury will be the committee of the whole house (of the Assembly), by permission of the presiding Judicial Council or at the request of the Founder.
Tribunals
Tribunals are for resolving disputes either in or out of RP, such as land disputes or other disputes such as those mentioned in the Disputes Act.
In all proceedings brought in the court the single sitting Regional Officer must determine all questions of fact and relevant law.
The Tribunals have original jurisdiction meaning that cases may begin and be first heard in this court. Tribunals have no appellate authority, no cases can be appealed to Tribunal.
Tribunals can only hear cases related to their specific jurisdiction set out by statute.
All tribunals are settled by vote of the committee of the whole house (of the Assembly).
The purposes of this act is to provide structure to a court system of Declansburg in accordance with article VI of the constitution. With the removal of the constitutions role in setting out the exact structure of the courts this legislations intent is to provide that structure, jurisdiction, practice and procedure.
In this Act, unless the context otherwise requires a court of record is a court wherein the cases are recorded for the purposes of providing precedence and information for deciding appeals.
Judicial Officers:
- Chief Judicial Officer to be the officer referred to as Judicial Officer in, and specifically bound by, the Judicial Officer Act.
- Associate Judicial Officer to be a deputy appointed to carry out specific provisions and powers constitutionally entrusted to the Judicial officer by Article VI, Section VI.
The Specific Powers of an Associate Judicial Officer are set out by the Chief Judicial Officer in accordance with the Judicial Officer Act and Article VI of the Constitution.
Any Judicial Officer must not also be the Attorney General or Founder, but may be any other elected regional officer.
A Judicial Officer must not hold any other office without the approval of the Chief Judicial Officer and Founder.
A Judicial Officer may resign from office at any time by written notice to the Founder.
A Judicial Officer may be only authorised by the Chief Judicial Officer to sit on a part-time basis for a specified limited period and/or case.
The Founder may, on the advice of the Attorney-General, remove a Judicial Officer from office on the grounds of inability or misbehaviour in relation to the Criminal Code, Disputes Act and the Judicial Officer Act. A Judicial Officer may not be removed from office except under this provision.
A Judicial Officer should recuse themselves from a case where they have personal commitments causing a conflict of interest, or upon the advice of the Attorney-General or Founder and refusal to do so constitutes misbehaviour.
Lower Circuit Court
The Lower circuit court shall be a court of record and presided over by the Chief Judicial Officer or an Associate Judicial Officer and is entitled to control the proceedings in reasonable fashion.
In all proceedings brought in the court the single sitting Judicial Officer must determine all questions of fact and law.
The Lower Circuit Court has original jurisdiction meaning that cases may begin and be first heard in this court. Minor appellate jurisdiction for limited appeals from tribunals, which are only to be granted by leave of the Lower Circuit court.
The Jurisdiction of the Court is specific and it can only hear criminal cases as set out by the Criminal Code.
No trial by jury may occur in the Lower Circuit Court unless express permission from the Judicial Council is Granted
Rulings may always be appealed from the Lower Circuit Court to the Higher Circuit Court by leave of the Chief Judicial Officer.
Higher Circuit Court
The Higher circuit court shall be a court of record and presided over by the Chief Judicial Officer or an Associate Judicial Officer and is entitled to control the proceedings in reasonable fashion.
In all proceedings brought in the court the single sitting Judicial Officer must determine all questions of fact and law.
The Higher Circuit Court has original jurisdiction meaning that cases may begin and be first heard in this court, but criminal cases unless extremely serious should still begin in the Lower Circuit Court. Appellate Authority is vested in the Higher Circuit Court to hear any accepted appeal out of the Lower Circuit Court and by extension give the appealed case a re-trial.
The Higher Circuit Court is hereby granted Inherent Jurisdiction granting the court the power to hear any case of all jurisdictions. Therefore any case that doesn't fall under the jurisdiction of the Lower Circuit Court should begin in this court.
Both parties to the dispute may request a jury trial, wherein a jury will be at least 4 and no more than 12, by permission of the presiding Judicial Officer.
Rulings may be appealed from the Higher Circuit Court to the Supreme Court by leave of the Chief Judicial Officer abiding by the rules of appeal to the Supreme Court.
Supreme Court
The Supreme Court shall be a court of record and presided over by the Judicial Council, Chaired by Chief Judicial Officer who is the one entitled to control the proceedings in reasonable fashion, which shall decided the verdict, or sentencing in a jury trial, by majority vote. The Judicial Council shall consist of all Judicial Officers currently empowered to serve, which may only end up being one.
The Supreme Court must not give leave to appeal unless it is satisfied that it is necessary in the interests of justice for the court to hear the appeal, the appeal involves a matter of general significance, or a substantial miscarriage of justice may have occurred, or may occur unless the appeal is heard. Such a ruling is to occur by the Judicial Council. This is to overrule specifically and only line 5 of the Judicial Officer Act.
In all proceedings brought in the court the sitting Judicial Officer(s) must determine all questions of fact and law.
Both parties to the dispute may request a jury trial, wherein a jury will be the committee of the whole house (of the Assembly), by permission of the presiding Judicial Council or at the request of the Founder.
Tribunals
Tribunals are for resolving disputes either in or out of RP, such as land disputes or other disputes such as those mentioned in the Disputes Act.
In all proceedings brought in the court the single sitting Regional Officer must determine all questions of fact and relevant law.
The Tribunals have original jurisdiction meaning that cases may begin and be first heard in this court. Tribunals have no appellate authority, no cases can be appealed to Tribunal.
Tribunals can only hear cases related to their specific jurisdiction set out by statute.
All tribunals are settled by vote of the committee of the whole house (of the Assembly).
