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The Court Procedures Act(v.3)
Topic Started: May 20 2018, 06:53 PM (86 Views)
The Honorable Aav Verinhall
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Chief Justicar
Aav Verinhall wrote:
 


The Court Procedures Act of 2018
Recognizing the necessity to regulate the justice system;
Realizing the potential for misuse;
Understanding the need for citizens to have a place to discharge greivences;
Hereby enacts the Court Procedures Act.

i. The Court of the Ragerian Imperium shall be split into two tiers, trial, and appeals.
ii. Any application for trial must be reviewed by two justicars prior to acceptance.
iii. Any appeal for a ruling is given to the Chief Justicar, excepting in cases that they personally are involved in.
iv. The Court shall be composed of a number of justices, that shall be no less than one, and no more than nine.
v. All trials shall originate in the Applications subforum.
vi. Out of court settlements may be reached
vii. All cases go to the justicar with the fewest number of open cases, unless that justicar has a personal interest, in which case it is assigned to the justicar with the next fewest number of cases, and so forth until it reaches the Chief Justicar, who if is personally involved, must reject the application due to conflict of interest.
viii. The presiding justicar has the option, at their discretion, to order a case sealed against public viewing, due to the case's content. If they act as such, they must release a redacted version of the case after it is finished.

Section Two:
For the purposes of this document, Trial Court shall be defined as the tier at which the case was tried.
Appeals shall be the second level, and shall not retry a case. The Appeals Court shall review the case on a procedural basis, and if failures are found, then the case shall be returned to the trial tier.


Fairly basic act, just designed to set up the court. Opinions wanted.
Edited by Aav Verinhall, May 20 2018, 07:02 PM.
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Eli Hesial
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I approve.
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The Honorable Smith VerinGuard
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For the sake of the bill, can you define what the Trial court and Appeals court does?
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The Honorable Aav Verinhall
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Chief Justicar
Smith VerinGuard
May 20 2018, 06:57 PM
For the sake of the bill, can you define what the Trial court and Appeals court does?
<.<
>.>
Oops. Aight. Edits incoming. Everyone, hold your horses.
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Jake
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Can we have somewhere included in it that trials will be held by at least 3 judges ruling on them?

Way too much possiblity to be misused of only one judge deciding to rule on it themselves.
Edited by Jake, May 20 2018, 07:19 PM.
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The Honorable Aav Verinhall
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Chief Justicar
Jake
May 20 2018, 07:18 PM
Can we have somewhere included in it that trials will be held by at least 3 judges ruling on them?

Way too much possiblity to be misused of only one judge deciding to rule on it themselves.
That's the point of Appeals. Plus, then it means that this court cannot currently function.
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The Honorable Aav Verinhall
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Chief Justicar
REVISED VERSION

Aav Verinhall wrote:
 


The Court Procedures Act of 2018
Recognizing the necessity to regulate the justice system;
Realizing the potential for misuse;
Understanding the need for citizens to have a place to discharge greivences;
Hereby enacts the Court Procedures Act.

i. The Court of the Ragerian Imperium shall be split into two tiers, trial, and appeals.
ii. Any application for trial must be reviewed by two justicars prior to acceptance.
iii. Any appeal for a ruling is given to the Chief Justicar, excepting in cases that they personally are involved in.a panel of three justicars, excepting those who have heard the case and those with conflicts of interest.
iv. The Court shall be composed of a number of justices, that shall be no less than one, and no more than nine.
v. All trials shall originate in the Applications subforum.
vi. Out of court settlements may be reached
vii. All cases go to the justicar with the fewest number of open cases, unless that justicar has a personal interest, in which case it is assigned to the justicar with the next fewest number of cases, and so forth until it reaches the Chief Justicar, who if is personally involved, must reject the application due to conflict of interest.
viii. The presiding justicar has the option, at their discretion, to order a case sealed against public viewing, due to the case's content. If they act as such, they must release a redacted version of the case after it is finished.

Section Two:
For the purposes of this document, Trial Court shall be defined as the tier at which the case was tried.
Appeals shall be the second level, and shall not retry a case. The Appeals Court shall review the case on a procedural basis, and if failures are found, then the case shall be returned to the trial tier.
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Jake
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I am currently against this Act as it currently written.

I am going to repeat what has been said on past versions. We do not want only one judge hearing a case. We want a minimal of three so rulings with be consistent and fair. It will also hopefully lower appeals. We also want for appeals for all the justices to rule on it so it represents TRI accurately.
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Samsonyte
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Section 1 ii mandates that 2 justicars approve a case before it moves on to trial. Section 1 iv says the minimum number of justicars is 1. If there were only 1 justicar, then no case could go to trial.
Edited by Samsonyte, May 21 2018, 12:37 AM.
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The Honorable Aav Verinhall
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Chief Justicar
Samsonyte
May 21 2018, 12:37 AM
Section 1 ii mandates that 2 justicars approve a case before it moves on to trial. Section 1 iv says the minimum number of justicars is 1. If there were only 1 justicar, then no case could go to trial.
Good catch. Thank you. New version incoming.
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