Post by Feirmont on May 31, 2020 23:00:55 GMT -5
Judiciary Act
Title
1. This Act shall be cited as the Judiciary Act.
Scope
2. This Act shall provide for a general framework for the resolution of legal disputes and the operation of the Supreme Court of Spiritus.
Advisory opinions and voluntary jurisdiction
3. In addition to the jurisdiction vested in the Court by the Constitution and other statutory law, the Court may in its discretion conduct the following proceedings:
a) Issuance of non-binding advisory opinions without the force of law requested by any citizen of Spiritus;
b) Civil resolution of any disagreement not specifically regulated by law with the consent of all parties involved, or with the consent of the Chief Executive if one party is the Government of Spiritus, or with the consent of the Chair Potato if one party is the Legislature.
Standing
4. To be a valid party to initiate legal proceedings, plaintiffs must show
a) for civil cases, that the result of the case would directly impact them;
b) for criminal cases, that they were appointed by the Chief Executive to prosecute the case;
c) for advisory opinions, that they are a citizen of Spiritus;
d) for recourse under the Citizenship Act, that their application for citizenship was denied by the Chief Executive.
5. The Chief Executive may, at his discretion, appoint an Attorney General of Spiritus. The Attorney General of Spiritus shall have automatic standing to prosecute criminal cases, and shall be allowed to express the opinion of the Government of Spiritus in civil and advisory proceedings as an intervenor should the Government of Spiritus not be a party to the case.
Composition
6. Whenever a full Court is not mandated, the Chief Justice may convene it to hear a case at his discretion.
7. The Chief Justice presides over all proceedings. Cases assigned to the Chief Justice as single judge may be delegated to a Magistrate Judge to hear and decide in his or her stead.
Procedures
8. The Chief Justice shall promulgate and make available publicly procedural rules and guidelines so as to allow every member of Spiritus to effectively represent themselves.
9. Every party in a civil or criminal case must at a minimum be given an opportunity
a) to appoint another person who may be a citizen or a noncitizen eligible for citizenship to represent them in court;
b) to express his or her complaint, request, or defense, to the court;
c) to submit available evidence and witness testimony to the court in support of his or her position, provided the witness makes himself or herself available to the court and the opposing party for questioning if required;
d) to obtain the court's assistance in obtaining relevant, but unavailable evidence or testimony;
e) in criminal cases, to appeal the judgment and sentence to the full court unless the trial was conducted before the full court.
10. Trials shall be conducted in a public venue. Evidence and testimony containing classified information, or significant personal and private information of or about a member of Spiritus may be submitted in private. Such information is deemed classified. Members of the Court are mandated to keep it secret, and destroy any records of it in its possession no sooner than 30 and no later than 180 days upon final resolution of the case.
11. Binding judgments by a single member of the Court in criminal cases and in matters regarding the interpretation of the Constitution unless de minimis do not become final until ten (10) days after they were rendered. During this period of time the defendant or losing party may appeal it. Should at least one (1) member of the Court so demand, the appeal must be heard and decided by the full Court.
Trigger provision
Title
1. This Act shall be cited as the Judiciary Act.
Scope
2. This Act shall provide for a general framework for the resolution of legal disputes and the operation of the Supreme Court of Spiritus.
Advisory opinions and voluntary jurisdiction
3. In addition to the jurisdiction vested in the Court by the Constitution and other statutory law, the Court may in its discretion conduct the following proceedings:
a) Issuance of non-binding advisory opinions without the force of law requested by any citizen of Spiritus;
b) Civil resolution of any disagreement not specifically regulated by law with the consent of all parties involved, or with the consent of the Chief Executive if one party is the Government of Spiritus, or with the consent of the Chair Potato if one party is the Legislature.
Standing
4. To be a valid party to initiate legal proceedings, plaintiffs must show
a) for civil cases, that the result of the case would directly impact them;
b) for criminal cases, that they were appointed by the Chief Executive to prosecute the case;
c) for advisory opinions, that they are a citizen of Spiritus;
d) for recourse under the Citizenship Act, that their application for citizenship was denied by the Chief Executive.
5. The Chief Executive may, at his discretion, appoint an Attorney General of Spiritus. The Attorney General of Spiritus shall have automatic standing to prosecute criminal cases, and shall be allowed to express the opinion of the Government of Spiritus in civil and advisory proceedings as an intervenor should the Government of Spiritus not be a party to the case.
Composition
6. Whenever a full Court is not mandated, the Chief Justice may convene it to hear a case at his discretion.
7. The Chief Justice presides over all proceedings. Cases assigned to the Chief Justice as single judge may be delegated to a Magistrate Judge to hear and decide in his or her stead.
Procedures
8. The Chief Justice shall promulgate and make available publicly procedural rules and guidelines so as to allow every member of Spiritus to effectively represent themselves.
9. Every party in a civil or criminal case must at a minimum be given an opportunity
a) to appoint another person who may be a citizen or a noncitizen eligible for citizenship to represent them in court;
b) to express his or her complaint, request, or defense, to the court;
c) to submit available evidence and witness testimony to the court in support of his or her position, provided the witness makes himself or herself available to the court and the opposing party for questioning if required;
d) to obtain the court's assistance in obtaining relevant, but unavailable evidence or testimony;
e) in criminal cases, to appeal the judgment and sentence to the full court unless the trial was conducted before the full court.
10. Trials shall be conducted in a public venue. Evidence and testimony containing classified information, or significant personal and private information of or about a member of Spiritus may be submitted in private. Such information is deemed classified. Members of the Court are mandated to keep it secret, and destroy any records of it in its possession no sooner than 30 and no later than 180 days upon final resolution of the case.
11. Binding judgments by a single member of the Court in criminal cases and in matters regarding the interpretation of the Constitution unless de minimis do not become final until ten (10) days after they were rendered. During this period of time the defendant or losing party may appeal it. Should at least one (1) member of the Court so demand, the appeal must be heard and decided by the full Court.
Trigger provision
12. This law is intended to work with the Judiciary Amendment to the Constitution and will remain ineffective until its passage, after which it will come into effect and this section will self-repeal.
The current text of this Act, as of May 31, 2020.