by Max Barry

Latest Forum Topics

Advertisement

1

DispatchBulletinPolicy

by The Diversely United State of Leftist Assembly Founder. . 32 reads.

Court Procedure Amendment (Judicial Process)

Overview


Purpose

The amendment seeks to improve the clarity of the Supreme Court's member titles, as well as implement some general changes to make the Article more legible.

Implementation

The amendment shall be implemented immediately.

Authors

Llorens, Antinios & Nangka

Signatories

Antinios & Nangka

Result

Passed by the General Assembly on 21 October 2020. Required a majority in favour to pass.

Antinios
Dyl
Nangka
New Samon
Sincadenas
Wascoitan

Existing Law


  1. A criminal case may be brought up by a citizen of the region if they believe another nation has committed a punishable criminal offence

  2. A lawsuit may be filed by a citizen if they believe another nation or entity within the region has acted in such a way that contradicts a law, but the said action is not legally defined as a criminal offence

  3. A citizen that prosecutes a nation residing in the region shall henceforth be known as the prosecutor

  4. A citizen that files a lawsuit against an entity within the region shall henceforth be known as the plaintiff

  5. A nation residing in the region that is being prosecuted against or sued shall henceforth be known as the defendant

  6. A nation residing in the region may be tried for committing a criminal offence through the following process:

    1. The prosecutor shall inform the Supreme Court of the nation they are prosecuting, the provision they believe said nation is violating, and the evidence of said violation

    2. A majority of the Supreme Court shall decide whether to host a trial

    3. If a trial is agreed to, the Supreme Court shall select one of its members as the presiding judge, who cannot be the prosecutor or the defendant

    4. The defendant shall be issued a notice at least one day before the trial commences

    5. The presiding judge shall introduce the trial on the Regional Message Board

    6. Once the presiding judge has agreed to close the trial, they shall vote on whether the defendant is guilty or not guilty of the accusation

    7. A majority of the Supreme Court shall overrule any decision of the presiding judge

  7. A nation residing in the region may file a lawsuit through the following process:

    1. The plaintiff shall inform the Supreme Court of the entity they are suing, the reason for the lawsuit, and the law(s) they believe the said entity has contradicted

    2. A majority of the Supreme Court shall decide whether the lawsuit is a valid case for trial

    3. If a trial is agreed to, the Supreme Court shall select one of its members as the presiding judge, who cannot be the plaintiff or the defendant

    4. The defendant shall be issued notice at least one day before the trial commences

    5. The presiding judge shall introduce the trial on the Regional Message Board

    6. Once the presiding judge has agreed to close the trial, they shall vote on a ruling to be posted on the Regional Message Board

    7. A majority of the Supreme Court shall overrule any decision of the presiding judge

Proposed Law


The Act shall be renamed the Judicial Process Act.

  1. A citizen or a group of citizens, henceforth known as the plaintiff(s), may file a trial request against another citizen, henceforth known as the defendant, if they believe the defendant has violated the law

  2. A trial request may be filed through the following process:

    1. The plaintiff(s) shall inform the Supreme Court of the nation they are accusing of illegal activity, the law(s) they believe said nation is violating, and the evidence of said violation(s)

    2. Should a majority of the Supreme Court agree to the hosting of the trial, the Chief Justice shall then issue a public notice on the Regional Message Board at least one day before it commences

  3. A trial shall take place through the following process:

    1. The Chief Justice shall contact both parties to confirm a date for the commencement of the trial, with ultimate discretion over the decision

    2. The plaintiff(s), or an attorney representing them, shall have one day to present their case to the Supreme Court

    3. The defendant shall testify as to whether they plead guilty or not guilty to each of the accusation(s)

    4. Should the defendant plead not guilty, then the defendant, or an attorney representing them, shall also have one day to present their case to the Supreme Court

    5. The Chief Justice may grant reasonable extensions of time at their discretion to either party in presenting their case

    6. The Supreme Court shall then vote over one day to decide whether to ask further questions of the parties or to move to a final vote:

      1. Should they decide to ask further questions, then the Supreme Court shall present additional questions to the parties, to then be followed by the vote of Section 3(f) again

      2. Should they decide to move to a final vote, the Supreme Court shall hand down a verdict on whether the defendant is found guilty or not guilty, as determined by a majority vote

  4. An interpretation of the law, henceforth known as a legal ruling, may be requested through the following process:

    1. A citizen shall post a request for a legal ruling in a dedicated formal channel of discussion within the Supreme Court

    2. The Supreme Court shall discuss the matter and then vote on the legal ruling over a period of three days, with their stance to be determined by a majority vote

    3. The Chief Justice shall publish the legal ruling on the Regional Message Board

  5. A tied vote of the Supreme Court shall have the following outcomes:

    1. During a trial, continued questioning of the parties

    2. For a trial verdict, a not guilty verdict for the defendant

    3. For a legal ruling, the status quo practice

  6. The formal channels of discussion and voting within the Supreme Court shall be made freely accessible to the public

    1. A trial or discussion of a legal ruling may be made private by a majority vote of the Supreme Court over two days if it is deemed to contain potentially sensitive or confidential information

RawReport