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1
The Hopper / Re: An Act to Recodify El Lexhatx G (Justice)
« on: February 23, 2021, 07:45:40 PM »
Part 3:

Quote
8. Wrongful prosecution.

Wrongful prosecution consists of prosecution characterised by malice, damage, and absence of probable cause. In the event that a person is wrongfully prosecuted, the person may initiate a Malicious Prosecution suit against the person who wrongfully prosecuted them.

8.1. A Malicious Prosecution suit may be initiated if either:

8.1.1. The person prosecuted is acquitted;  or

8.1.2. The Tribunal has rejected the charming instrument as facially insufficient on the basis that if all allegations were accepted as
true, the individual would not be guilty of the purported crime.

8.2. To prevail, it must be shown by a preponderance of the evidence that:

8.2.1. the Prosecutor acted with malice in bringing the charge; or

8.2.2. the Prosecutor commenced the proceeding for the sole purpose to harass the individual with knowledge that charging
instrument did not have a basis in law; and

8.2.3. the charging instrument patently lacked probable cause; and

8.2.4. the plaintiff sustained damage through injury to reputation, deprivation of liberty or property, or other damage that may be assessed and relevant in the context of that matter.

8.3. The Cort shall award punitive damages to dissuade such further conduct.

9. Ex Parte Communication

9.1. A member of the bar shall not initiate ex parte communications, or other communications made to a judge outside the presence of the parties or their lawyers, concerning a pending or impending matter, except as follows:

9.1.1. When circumstances require it, ex parte communication for scheduling, administrative, expert testimony, or emergency purposes, which does not address substantive matters, is permitted, provided:

9.1.1.1. the member of the bar reasonably believes that no party will gain a procedural, substantive, or tactical advantage as a result of the ex parte communication; and

9.1.1.2. the member of the bar makes provision promptly to notify all other parties of the substance of the ex parte communication, and gives the parties an opportunity to respond.

9.2. If a member of the bar inadvertently initiates or receives an unauthorized ex parte communication bearing upon the substance of a matter, the member of the bar shall make provision promptly to notify all the parties of the substance of the communication and provide the parties with an opportunity to respond.

9.3. A member of the bar shall make reasonable efforts, including providing appropriate supervision, to ensure that these provisions against ex parte communications are not violated by others subject to the member of the bar's direction or control.

10. Service in General.

10.1. The Secretary of State shall accept service of any complaints or claims to the Cort pü Inalt or General Cort of Talossa on behalf of all citizens. The Secretary of State shall email notice of said complaints or claims to the concerned citizen and affirm to the Cort that they did so on that date (the "date of service").

10.1.1 If either party in a case before the Cort fails to respond to such a notice as specified in section 10.1.1 within 60 days of the date of service, the Cort may, upon a motion by the adverse party, enter default judgement against the non-appearing party. Default judgment can only be entered for a period of three months after default. A default order may be vacated, upon good cause shown, within three months after it was entered, by motion of the aggrieved party.

10.2. In all civil matters, if a Judge or Magistrate fails to respond to the assignment of a Case by the Clerk of the Corts within 14 days, then the Clerk of the Corts shall assign the case to another Judge or Magistrate and inform the Seneschal of the failure to appear.

10.3. A Judge or Magistrate may request a matter be transferred to another Judge or Magistrate for any reason. If that request be for any other purpose than a conflict of interest, and the Judge has not presided over any substantive part of the proceeding as a Magistrate, they shall be from the proscription enumerated in section 10.2.4 of this article.

10.4. If a Magistrate fails to address a filing from either party within 14 days of receipt, then the Clerk of the Corts shall inquire as to the status of the Magistrate and may appropriately reassign the matter to another Judge if warranted. If a Magistrate fails to respond to a Clerk’s inquiry within 14 days, the Clerk shall reassign the matter and inform the Seneschal of the Magistrate's failure to appear.

10.5 All criminal matters shall, pursuant to the Ninth Covenant, be heard before a Tribunal of the Crown, which shall be compromised of no less than three Magistrates in the General Cort of Talossa.  A determination by the General Cort to dismiss a charging instrument for facial insufficiency shall be immediately appealable to the Uppermost Cort of Talossa.

11. Judicial Tenure.
Judges of the Uppermost Cort and of any inferior court may retire through voluntary leave of office. This shall be accomplished through submitting a letter of retirement to the King. The retirement shall take effect immediately upon confirmed receipt by the King or an authorized representative.

11.1. Uppermost Cort Judges may be compelled to retire through organic removal from office through an act of the Ziu in accordance with Article VIII of the Organic Law. In accordance with the appropriate section, the inactivity of a Justice is defined as the failure of that Justice to act, rule, or appear in an open case the Justice is assigned to or participating in for more than 60 days, as certified by the Ziu in a majority vote.

11.1.1    A Justice of the Cort pü Inalt shall be declared inactive, and to have vacated their seat, within the meaning of Organic Law VIII, if the Clerk of the Corts, contacting the members of the CpI to assign a case as described in this title, is unable to contact that Justice or does not receive any response to their enquiries, within 30 days.

11.2. Retired Judges or Magistrates shall enjoy the style "Honourable Mister/Madame" for life in commemoration of their service to the Nation, and may utilize the title "Retired Judge/Magistrate."

11.3. Retired status will be honorary in nature and shall not confer any authority or responsibility within any Talossan Court or the National Talossan Bar or over its members, students or associates. Neither shall these titles, in and of themselves, confer membership in the National Talossan Bar enabling the holder to engage in the practice of law.

11.4. Retired status can be revoked only in the event of a conviction by a Talossan Court for misconduct while serving in a judicial capacity. In the event of such conviction, revocation of retirement privileges shall be contained as part of the sentencing order. Retired status can also be revoked by the Ziu through majority vote and approval by the Monarch. Such legislative action can be taken only after the retiree has been convicted by a Talossan Court for misconduct while serving in a judicial capacity and only after all appeals have been exhausted.

11.5. Retired status will also be revoked in the event the retiree shall be convicted of a felony by any Court of the Realm. Felony convictions by a provincial court shall be forwarded to the Minister of Justice for review. If cause for revocation of retirement status is found based upon the nature of the conviction, the Minister of Justice shall propose or cause to be proposed a measure of the Ziu to revoke any and all privileges of retirement from the accused, after all appeals have been exhausted.

11.6. Retired status shall be considered waived if a retired Justice, Judge or Magistrate resigns their citizenship and shall be considered revoked if the retiree has their citizenship terminated by a Court of the Realm.

11.7 Every person appointed a judge to the Uppermost Cort of Talossa shall publicly make to the Citizens of Talossa and subscribe to the following declaration within 10 days of such appointment:
I, [NAME], do solemnly, sincerely and truly affirm and declare that I will duly, faithfully and to the best of my knowledge and ability execute the office of Judge of El Cort pü Inalt without fear or favour, affection or ill will towards any man, woman or child and that I will uphold the Organic Law and the laws of the Kingdom of Talossa. This I do solemnly affirm.

12. Judicial Decisions

12.1. Every cort rendering a decision shall set forth the reasoning for that decision. This declaration must be published in the next Clark. Cort decisions will be written up in the Clark if the authors want them to, with due regard to brevity.

12.2.   All final decisions or those interlocutory orders must be codified in an official reporter.

12.3. The Cort pü Inalt may request that the Government or Scribe maintain official reporters of decisions on behalf of all Talossan Corts, or it may direct the Clerk of the Corts to do so on its behalf.

12.3.1. If the Cort pü Inalt shall request the Government or Scribe to maintain official reporters, then the Cort pü Inalt must designate, in the decision, whether it shall be deemed binding, and if so, it shall be reported in an official reporter entitled "Cort pü Inalt" and abbreviated to "CPI" in citations. All decisions of the Cort pü Inalt designated nonbinding shall be reported in an official reporter entitled "Cort pü Inalt Appendix" and abbreviated to "CPIA" in citations.

12.3.2. All final determinations of the General Cort shall be published in an official reporter entitled "General Cort" and abbreviated to "GC" by the Scribe or an individual designated by the Government in the same fashion as described in G.12.1.3.1. Nonfinal or interlocutory determinations that impact the rights of a party must also be reported in the GC reporter. All other determinations need not be reported in the GC reported unless so designated by the General Cort. Determinations not contained in the GC reporter shall be styled as General Cort Slip Opinions and must be made publicly available on a State-run website in consecutive order by date with an affixed number with an appropriate pin cite every 200 words, for ease of reference, that shall be listed as follows: Case Name, Year GC Slip Op NUMBER, *Pin (Full Date, Magistrate's surname, M.) (e.g. Doe v Smith, 2020 GC Slip Op 001, *1 [27 February 2020, Smith, M.]). 

12.3.3. If the Scribe or the appointed Government Ministry determines any aforementioned volume becomes lengthy, a subsequent volume shall be created with the appropriate cardinal prefixed prior to the reporter.

12.3.4. The Cort pü Inalt may direct the Clerk of the Corts to normalize case captions according to rules it may set forth, which shall then be used in any reporter.

12.3.5. The Cort pü Inalt may publish an official style manual enumerating proper citations for any source, which shall be followed by all parties filing documents with any national Talossan cort.

2
The Hopper / Re: An Act to Recodify El Lexhatx G (Justice)
« on: February 23, 2021, 07:45:28 PM »
Part 2:

Quote
4. The Clerk of the Corts. 
The Clerk of the Corts shall be an apolitical position appointed by the reigning Monarch or the Cort pü Inalt upon recommendation of the Prime Minister and shall serve in the following capacities:

4.1. The Clerk shall receive and file actions brought by individuals or their representative attorneys and assign to each requested action a docket number.

4.2. The Clerk shall then assign the case to a tribunal in the lowest cort holding jurisdiction over the matter.

4.3. Judicial assignments shall be made at random. In cases where a clear conflict of interest should arise, the Clerk shall assign the case to the next jurist in that order.

4.4. The Clerk shall maintain a record of docket numbers and judicial assignments to be archived along with the final disposition of the case for ease of reference.

4.5. This file shall be available to any citizen for use in the preparation of legal strategy, the study of law or for any legitimate purpose.

4.6. Appeals shall be filed as separate actions and will be assigned new docket numbers but shall be archived together with the original action for ease of reference.

4.7. The Clerk shall acknowledge the receipt of any filing and shall, within 72 business hours of said acknowledgment, assign a docket number and make a judicial assignment.

4.7.1. In the event the Clerk fails to assign a case within the 72-hour window and such tardiness is result of one or more of the following conditions, the Clerk's absence shall be deemed excused and no further penalty should be pursued:

4.7.1.1. Active Military Service (In the Armed Forces of Talossa or an Allied Nation)

4.7.1.2. Birth or Death of an immediate family member

4.7.1.3. Marriage or Divorce

4.7.1.4. Any circumstance which is beyond the power or control of the Clerk and which would hinder a reasonable person from executing these duties

4.7.2. In the event the Clerk anticipates a length absence, even for an excused purpose, they should consider resignation to ensure the people are adequately served.

4.7.3. If the Clerk of the Corts fails to assign cases within the 72-hour window without an excuse as defined in El. Lex. G.4.7.1, and such failure to act exceeds 60 days, the office of the Clerk of the Corts is deemed vacant.

4.8. The individual holding the office of Clerk of the Corts shall enjoy immunity from civil or criminal suit for any actions performed in the course of his or her official duties while holding this office. This immunity shall be lost upon leaving office. Due to the nature of the Clerk's responsibilities, an individual may not hold the office of Clerk of the Corts, or any deputy thereunder, while simultaneously holding office as a Justice of the Uppermost Cort or any national inferior court.

4.9. The Clerk of the Corts serves at the pleasure of the King and the Cort pü Inalt and may be dismissed by royal decree. In the case of alleged misconduct, the Clerk of the Corts may be removed from office by Prime Dictate. The Cort pü Inalt shall have final say over the dismissal of the Clerk of the Cort in situations of conflict with either the Crown or the Prime Minister.

4.10. Any individual who shall be found to have accepted bribe or other gratuities for the purposes of manipulating the assignment of jurists shall be guilty of public corruption of an officer of the Cort, a felony, and shall suffer a punishment to be determined by the court.

5. Court Officers.
The Clerk or the Senior Judge of the Cort pü Inalt may deputize Court Officers to assist in the execution of these duties. Such deputization shall be made publicly by the Clerk or the Senior Judge and may be for a temporary term or an indefinite term, which the Clerk or Senior Judge shall stipulate in the public notice of deputization.

5.1. The Deputized Officer shall have authority to assign judicial cases immediately after the initial 72 hours have passed from the initial filing if the Clerk fails to make the assignment during that time period.

5.2. The Deputized Officer shall follow the procedures set forth in this title with regards to the assignment of cases and shall do so impartially without regard for political, personal, or financial consideration.

5.3. The Officer shall serve at the pleasure of the King and Cort pü Inalt, may be removed by the King or Cort pü Inalt at any time.  The Cort pü Inalt shall have final decision authority on removal in circumstance of conflict between it and the Crown on removal. However, the principal supervision of the Officer shall fall to the Clerk of the Corts, who shall retain the right to dismiss the Officer as well.

5.4. Due to the nature of these duties, no deputy shall be appointed who is seated on the bench of the Uppermost Cort or any inferior cort. Nor shall any appointee hold the portfolio of Attorney General or Minister of Justice.

5.5. The Deputy shall be permitted to make the initial judicial assignment (that is, the assignment within the initial 72-hour window) in situations where the Clerk is party to a filed case or where another conflict of interest would prevent the Clerk from serving on a particular case filing.

6. Criminal Law: In the interest of providing the accused with the rights granted to them by the Ninth Covenant of Rights and Freedoms, the following rights shall be considered to be inalienable and shall be afforded to all citizens in civilian trials:

6.1. The Ministry of Justice, on behalf of the Crown, shall submit a charging instrument to the Clerk of the Cort identifying, in plain language, the charge to be brought against the accuse, and the factual allegations to be proven to support said charges.  Nothing in this section shall limit the Ministry of Justice from relying on unpleaded allegations provided such does not prejudice the accused.

6.2. Upon receipt of the charging instrument, the Clerk of the Cort shall refer the matter to the appropriate tribunal of the Crown as defined by law. 

6.3. The tribunal of the Crown shall test the sufficiency by making a prima facie determination that if the factual allegations contained therein were proven true beyond a reasonable doubt, then the accused would be guilty of the crime as alleged.  Jeopardy shall only attach if the tribunal of the Crown accepts the charging instrument as sufficient.  If the tribunal is not satisfied of such, then it shall reject the charging instrument as insufficient on its face and jeopardy shall not have attached.

6.4. The accused must be informed of the charges against him by the Crown within seven days of said charges being accepted by the Tribunal of the Crown.

6.5. Such notification must be submitted to the accused in writing, by either an electronic medium such as email, a typed letter, or by a handwritten letter. A copy of every such notice shall be archived in the Royal Archives by the Royal Archivist immediately after he receives a copy of said notice. If the notice is given in the form of a hand-written letter, the Royal Archivist shall make a copy of the letter in an electronic format, such that it may be added to the Royal Archives.

6.6. The Prosecution shall have up to 90 days from the time of notification of the accused in which to prepare its case. If a case is not prepared by the Prosecution within the allotted time, then the matter shall be dismissed, unless the Prosecution can show that such delay is through the fault of the accused.

6.7. If a case is not prepared within the 90-day limit, then the Prosecution may request up to an additional 30 days to prepare its case, which shall be granted or denied by the tribunal assigned to the case. This section takes precedence over G.1.6.

6.8. The decision shall be based on the legitimacy of reasons given by the Prosecution in the interests of justice, equity, and efficiency.

6.9. If a matter is dismissed for failure to prosecute, then final jeopardy shall attach unless the Prosecution is able to provide new evidence against the accused with which to build a case. A new case must meet the same statute of limitations for any offense.

6.7. The Prosecution may withdraw a charging instrument upon good cause shown to which jeopardy shall not attach.   

7. The Statute of Limitations.

The Statute of Limitations on all offences shall be 36 months from the date the offense occurred for all criminal matters, or 36 months from the date that the injury party should have known of the offense in all civil matters.  If the injury party is less than 14 years of age or without sound mind of body at the time of discovery, this period shall be tolled for no more than 12 months running from their 14th birthday or when deemed competent.

7.1. This statute of limitations shall not apply to:

7.1.1. any action for which a period of limitation is fixed by any other limitation enactment;

7.1.2. fraud upon the court, which for the purpose of this title shall be defined as: (i) to embrace that species of fraud which does, or (ii) attempts to, defile the court itself, or is a fraud perpetrated by officers of the court so that the judicial machinery cannot perform in the usual manner its impartial task of adjudging cases that are presented for adjudication.

7.1.3. war crimes as they are defined in the Charter of the Nuremberg International Military Tribunal of 8 August 1945

7.1.4. crimes against humanity, whether committed in time of war or in time of peace, as defined in the Charter of the Nuremberg International Military Tribunal of 8 August 1945, eviction by armed attack or occupation, inhuman acts resulting from the policy of apartheid, and the crime of genocide as defined in the 1948 Convention on the Prevention and Punishment of the Crime of Genocide.

7.2. If any person commits a series of criminal acts sharing a common nexus, the period of limitation shall begin to run from the date of the last act in the series.

7.3. Nothing in this title shall revive any action for which the statute of limitations has accrued or affect any action commenced before the date this title came into force.


3
The Hopper / Re: An Act to Recodify El Lexhatx G (Justice)
« on: February 23, 2021, 07:45:04 PM »
I hereby repost a version of the above Bill with typos corrected. I am happy to Clark this this month, if the proposer so wishes.

Part 1:

Quote
WHEREAS El Lexhatx intends to provide a single code of law for the Kingdom of Talossa as enacted by the Ziu;

AND WHEREAS the foregoing admirable intention must be honoured through constant scrutiny to ensure consistency and ease of access;

AND WHEREAS it has come to the attention that, through several amendments since adoption, El Lexhatx G. Justice has become cumbersome to follow;

AND WHEREAS someone finally took the time to scrutinize this statute to remove repetition, conflicting provisions, and to clarify certain procedure regarding criminal offenses;

AND WHEREAS absolutely no statute drafted by Alexandreu Davinescù, specifically the ex parte communications subsection, has been changed in any way, except to be recodified and moved for consistency.

BE IT ENACTED by the King, Cosâ and Senäts of Talossa in Ziu assembled as follows:

That El Lexhatx G. is abolished in its entirety. 

BE IT FURTHER ENACTED that the following shall be codified into El Lexhatx as section G. Justice:

G. Justice.

1. The General Cort of Talossa

1.1.    The Ziu enlarges the number of Puisne Judges to a total of three in accord with Section 3 of Article VIII of the Organic Law.

1.2.    The Ziu establishes the General Cort of Talossa, which shall be an inferior nisi prius cort, cort of first instance, and of general jurisdiction consistent with Article VIII of the Organic Law.

1.2.1. Any citizen of Talossa who has satisfied the Ministry of Justice of their knowledge of Talossan law and jurisprudence, and of their good character, may be recommended to the King or to the Cort pü Inalt to be named as a Community Jurist (CJ).

1.2.2. Community Jurists may be deprived of this designation by the Cort pü Inalt, upon presentation of a preponderance of evidence by the Ministry of Justice that their good character or their legal knowledge is no longer satisfactory.

1.2.3. The Clerk of the Corts shall appoint, by random selection, a single Community Jurist to preside over the General Cort for any case arising under this section.

1.2.3.1. If no qualified CJ is available to hear a given case, the Clerk of the Corts shall appoint a single Judge of the Cort pü Inalt to preside over the General Cort for that case.

1.2.4. The judicial official presiding over a matter in the General Cort of Talossa shall be styled as "Magistrate" for the purposes of that proceeding.

1.2.5. Unless an appeal lies as of right, an aggrieved party to an action may seek leave to appeal any determination of the General Cort to the Cort pü Inalt.

1.2.6. A Magistrate may not sit as a Judge on the Cort pü Inalt for any appeal related to a proceeding over which they presided as a magistrate.

1.2.7. A Magistrate must recuse themselves from a matter upon a real or apparent conflict of interest.

2. The Practice of Law in the National Corts of Talossa. 

The following guidelines shall exist for the practice of law within the realm:

2.1. The practice of law shall be defined as the representation of individuals, corporations and government bodies before the Uppermost Cort, Military Cort, or any inferior court established by the Ziu; or the professional discussion or advice on matters of a legal nature.

2.2. Practice before the Uppermost Cort or any inferior National Court established by the Ziu shall be limited to members in good standing of the National Talossan Bar.

2.3. Practice before Military Courts shall be restricted to members of the National Talossan Bar or to any commissioned officer granted waiver by the Minister of Defence to serve as a legal representative, pursuant to Ministry of Defence guidelines.

2.4. Practice before Provincial Courts shall be governed by Provincial Law.

2.5. No part of this law shall limit an individual's ability to represent themselves before any court of the realm.

2.6. Provincial Premiers (or the provincial equivalent thereto) shall have the authority to represent their Province, in actions brought before a National Court, as a function of their office. This responsibility may be delegated only to a member of the National Talossan Bar.

2.7. The use of titles such as lawyer, attorney, barrister, solicitor, or councillor/counselor-at-law or any other title reserved by guidelines of the National Talossan bar shall be restricted to those who are licensed to engage in the practice of law within the realm.

2.8. Individuals who are party to an action brought before a Cort of the realm and cannot find suitable legal representation due to a shortage of qualified practitioners of law, conflicts of interest or for personal reasons to be outlined in a petition presented before the cort, may apply for a waiver to permit any adult Talossan citizen to represent them before the Cort in a specified legal action serving as a legal proxy.

2.9. Individuals operating under waiver shall not be entitled to present themselves as attorneys, lawyers, barristers, solicitors, or councillor/counselor-at-law, nor shall approval of such waiver imply membership in the National Talossan Bar.

2.10. Petitions for waiver shall be made to the Cort in which the action is to be brought. All waivers shall expire upon the final disposition of the case and shall remain in force through any appeal. Waivers granted by a lower court need not be renewed or reissued if the action is brought before the Uppermost Cort in appeal. Waivers may be terminated by the petitioner or the proxy at any time during court proceedings and shall notify the Court of said termination within 48 hours of its effective date. Waivers may be withdrawn through judicial order in the event of misconduct or inadequate representation.

2.11. Corts shall grant petitioned waivers unless the designated proxy has been convicted of a felony, has presented themselves unlawfully to be an attorney, lawyer, barrister, solicitor or councillor/counsellor of law, has falsely claimed Bar membership or other official standing within the National Talossan Bar or has received monetary compensation or other financial consideration in exchange for his/her representational duties or when a suitable member of the bar is available for representation in the matter, unencumbered by conflicts of interest or personal disputes.

2.12. Admission to the National Bar of Talossa.

2.12.1. The National Bar of Talossa shall be governed by the Uppermost Cort, which shall establish the procedure, ethics, and
standards for those seeking admission to the National Bar of Talossa.

2.12.2. The National Bar of Talossa shall possess the sole authority to admit new individuals to practice law in the Corts of Talossa established under Article VIII of the Organic Law.

2.12.2.1. Admission to the Bar shall be limited to those who are eligible to vote in National Elections, and who satisfy any reasonable requirement set forth by the National Bar of Talossa.

2.12.2.2. The National Bar of Talossa shall set the standards, character, and other requirements for admission.

2.12.2.3. The National Bar of Talossa shall accept the application of any individual claiming to have satisfied the requirements for admission, and, if satisfied that the applicant does meet the criteria for admission after careful review and consideration, shall refer the applicant with supporting documentation to the Uppermost Cort for admission.

2.12.2.4. The Uppermost Cort of Talossan shall accept or deny all referred applications within a timely manner. An individual is not authorized to practice law until the Uppermost Cort of Talossa admits the application to the National Bar of Talossa, and an individual may not refer to themselves as “pending admission.”

2.12.3. An individual who has earned a degree in the practice of law in another country, or who has been admitted to practice law in another country, or who has completed one year of legal education as well as legal training in another country, may seek a waiver for admission to the National Bar of Talossa by petitioning the Uppermost Cort of Talossa for such a waiver, provided proof for the basis of waiver is attached to the petition.  The Uppermost Cort may grant said waiver with no less than the consent of two Judges of the Uppermost Cort.  The Uppermost Cort may increase the number of Judges required to give consent as it deems necessary but may only decrease the number to the statutory limits with the same number of Judges required to give consent.

2.12.4. It shall be a criminal offense for any person to knowingly or recklessly practice law in Talossa without express statutory permission.

2.12.4.1. The above provision is not applicable to an individual who represent themselves, known as pro se party, or to any individual who is a member of or has received authority by the Ministry of Justice to represent the Government in any Cort throughout Talossa.

2.12.4.2. The following office holders may, at the discretion of the Chancery, be exempt from the above requirements and shall be granted full membership to the bar while they hold such office, for the purpose of performing their official duties: the Prime Minister, the Distain, Judges of the Uppermost Cort, and Judges of any inferior Cort.

2.12.4.3. An Attorney General, as head of the Ministry of Justice, or Deputy Attorney General as authorized by the Ministry of Justice, who is not admitted to their bar in their own right, is a de facto and de jure member of the bar for the duration that they hold that office.

2.12.5. The National Bar of Talossa shall set, as it deems necessary, the Code of Conduct to govern attorneys.

2.12.5.1. An individual admitted may have their admission revoked for cause with the consent of no less than a majority of the Judges of the Uppermost Cort of Talossa; in such a circumstance, the individual is no longer permitted to practice law in the national courts of Talossa.

2.12.5.2. All members of the bar admitted prior to the adoption of this statute shall continue to be deemed automatically admitted and may continue to practice law

2.12.6. Any rules, regulations or code of conduct not set by a statute, Talossan Law or by the Organic Law, shall be a matter for the Bar to set itself as far as permissible by the aforementioned Laws.

3. Appeals and Tribunals.

3.1 It shall be understood that any provincial court decision may be appealed at the National level before the lowest inferior court and that any decision by this court may be appealed to the Uppermost Cort. No Cunstaval shall proclaim any new provincial constitution that fails to provide a right to appeal decisions of the provincial court or courts (if any) to the Cort pü Inalt or such other national courts as may be created by the Ziu. National courts shall not interpret or rule on matters of provincial law unless the province has no system of courts, has not proclaimed a constitution or has standing law that matters of provincial law be handled through National Courts. Rather, the decisions of these courts will ensure no provincial court decision runs contrary to the Organic or Statutory Laws of the Kingdom, and that the rights of all involves parties, as guaranteed by the Rights and Covenants of the Organic Law, are protected.

3.1.1 All appeals, as with other court actions, shall be filed with the Clerk of the Corts. Upon official judicial assignment, the cort may either dismiss the case, by declining to hear it, or begin hearing opening arguments in the matter as presented by all relevant parties.

3.1.2 Appeals or other actions brought before any national court shall be heard within 90 calendar days from the date of assignment by the Clerk of the Corts.

3.1.3. The court, if it decides not to hear the case or appeal, shall issue a written statement justifying its decision within the time frame given in 3.2.

3.1.4. If a court does not comply with 3.2. or 3.2.1., it may be subject to an investigation for non-feasance conducted by the Ministry of Justice.

3.2. Under the principle of reformatio in peius, the worsening change of a verdict, no appellate court shall be allowed to change an appealed ruling in such a manner that would be disadvantageous to the petitioner.

3.2.1. In civil actions, appeals may be ruled in a detrimental manner to the appellant (reformationes in peius) only when both parties submit appeals.

3.2.2. In criminal procedures, reformationes in peius are forbidden whenever the appeal is lodged by the convict or in favour of the convict. In case of appeals from both parties, reformationes in peius detrimental to the convict shall be forbidden.


4
Wittenberg / Re: [FINANCE] PATRIOT POINTS programme for state fundraising
« on: February 20, 2021, 05:48:29 PM »
I have just purchased $US20 of stamps and coins, which I believe takes me to the lead of the board.

5
The Hopper / Re: Government Proposal on an Elected Head of State
« on: February 16, 2021, 07:00:26 PM »
What happens if one Talossan holds more than one of the 8 offices (such as myself as Secretary of State and Scribe of Abbavilla)?

I assume you only get one vote. Same as if a UC Justice is also an MC.

6
Cézembre / Re: Draft concept of a Cézembre Paßaphort/Passport/Passeport
« on: February 14, 2021, 04:31:31 PM »
Considering that the Kingdom's Ziu has exclusive jurisdiction over "immigration and emigration, naturalization and aliens" under OrgLaw VII.3.11, is this another sign that Cézembre is going to secede?

7
The Hopper / Re: Government Proposal on an Elected Head of State
« on: February 14, 2021, 04:11:03 PM »
Anyway, I've come up with a proposal to elect the King.

A convocation of the following people:
-Eight MCs, chosen by the parties in proportion to their Cosa seats (plus the Seneschal if not an MC or Senator)
-The eight Senators
-The Justices of the UC
-The eight provincial executives
-The eight officers of the Royal Civil Service
-All Talossans who have been a citizen for at least ten years

The King is elected from this group papal style; repeated single-preference votes until someone gets 2/3.


I have no objection in principle to this procedure, if that's what it takes to get a broad consensus, though I haven't asked other FreeDems. I debated whether to add a 2/3 majority in my proposal, but I worried that that might lead to endless deadlock. Does the Opposition have a real problem with the candidate chosen by this method being then ratified by a referendum of the whole nation?

8
The Hopper / Re: Government Proposal on an Elected Head of State
« on: February 12, 2021, 05:24:35 PM »
I think that if the leader of the opposition's idea of a compromise is for there to not be any Talossan Republicans any more, he'll be waiting a long time. In Northern Ireland, the vast majority of Republicans have accepted the "Belfast Agreement" compromise for now and peaceably work towards their goals, no matter what an incalcitrant fringe might believe. That is the kind of situation I see as the best possible outcome from here.

9
WHEREAS the 31st Cosa chose to deal with the lack of Talossan law against "murder, rape, robbery" and other serious crimes against the person by incorporating the laws of the State of Wisconsin into Talossan law, where indigenous Talossan law does not contradict them;

AND WHEREAS the 35th Cosa amended this to specify only certain sections of the Wisconsin Statutes, which currently comprise sections A.1-4 of El Lexhatx;

AND WHEREAS this means that a thorough knowledge of Talossan law necessarily requires a knowledge of Wisconsin law;

AND WHEREAS Wisconsin law has never in fact been used to punish infamous crimes committed by Talossan citizens, such as statutory rape;

AND WHEREAS the practice of Talossan law and jurisprudence should be open to all Talossans, not just those who are already professional lawyers;

AND WHEREAS the only way Wisconsin law has been used in Talossa is by trained practitioners of United States law introducing Wisconsin precedent into their Talossan legal briefs, giving those trained in United States law an unfair advantage over those who are only trained in Talossan law;

AND WHEREAS we should find a different way to achieve the original intent of the measure, which was to make infamous crimes against the person a crime under Talossan law;

AND WHEREAS the basic principles of what is moral, right and good under Talossan law are already contained in our Covenant of Rights and Freedoms;

AND WHEREAS previous versions of the Organic Law specified "generally accepted principles of Anglo-American law" as a foundation for Talossan law, but this has been removed;

AND WHEREAS it is wise to re-establish some legislative basis for Talossan juridical practice;


BE IT ENACTED by the Ziu that sections A.1-4 of El Lexhatx are replaced in their entirety by the following:

Quote
1. The basis of all Talossan law and jurisprudence are the principles contained in the Covenant of Rights and Freedoms.

2. Where Talossan statute law is silent, Talossan courts shall make decisions in accordance with Talossan juridical precedent. Judges may also use precedent from other legal systems with which they are familiar to guide their decisions, though such precedent shall not be binding.

3. Behaviour by any Talossan citizen which is repugnant to the principles contained in the Covenant of Rights and Freedoms is an offence, and Courts may apply any punishment authorised by Organic and statute law to those convicted of such behaviour, in strict proportion to the severity of the offence and the presence or absence of any mitigating circumstances.

4. For repugnant behaviour as described above which takes place outside Talossa, conviction by a credible judicial authority in another jurisdiction shall count as prima facie evidence.

10
The Hopper / Re: Government Proposal on an Elected Head of State
« on: February 09, 2021, 07:39:01 PM »
It is weird that there are so many conservatives then who, considering the constitutional status quo and tradition, openly ask(ed) for a hereditary one -- hell, some even accidentally asked to abolish the Seneschalsqåb three days ago!! -- but who am I to judge.

Ha ha ha, lolwut? I must have missed that!

11
The Hopper / Re: Government Proposal on an Elected Head of State
« on: February 06, 2021, 03:02:11 PM »
the King would be subject to some sort of election every seven years (the details have yet to be worked out).

I suggest that if the Opposition have a better idea than the "National Conclave + referendum" proposal, I crave to hear it. I think we're all in agreement that choosing a new King should not be partisan or politicised, and should result in someone with genuinely broad support from the whole nation getting the nod.

12
The Hopper / Re: Government Proposal on an Elected Head of State
« on: February 03, 2021, 01:08:05 PM »
It would be an abrogation of my duty as Regent, appointed to act in His Majesty's stead in his absence, if I failed to warn that I could not in good faith approve a bill which would eject His Majesty from the throne immediately, and which would further adopt a drastic new change in government on the basis of a 1.5% majority in a midterm referendum.  I feel very strongly that King John would certainly veto any bill which dethroned him, and accordingly I will veto such a bill in his name, if put to it.

What a surprise! This is my surprised face  ;D

Fortunately the Royal veto can be overridden, given sufficient support in the Cosa.

13
The Hopper / Government Proposal on an Elected Head of State
« on: February 02, 2021, 02:28:33 PM »
Pursuant to section 4 of 55RZ12, and consequent upon the success of Option One, "an elected head of State" in the Ranked Choice Referendum, a majority of the Cabinet hereby offers the following proposal as the starting-point for debate. We hasten to emphasise that this proposal is designed to assuage the fears and doubts of Talossan monarchists as much as possible, while retaining the elective principle.

The proposal is to replace the current Organic Law II.3, namely

Quote
The King of Talossa is King John I, until his demise, abdication, or removal from the throne. Should the King at any time renounce or lose his citizenship, that renunciation or loss shall be deemed to imply his abdication of the Throne. Upon the demise, abdication, or removal from the Throne of the King, the Uppermost Cort shall be a Council of Regency.

with the following:

Quote
  • The King of Talossa shall be chosen by a National Conclave of all members of the Ziu, all members of the Cort Pü Inalt, and the heads of government of all provinces. Every member of the Conclave shall have one vote.
  • The Conclave shall be chaired by the Senior Judge of the CpI, or in their absence the next available CpI judge in order of seniority, unless it decides differently. The Conclave shall assemble upon the 6th anniversary of a King acceding to the Throne, or at any time that there is no King.
  • The candidate chosen by the conclave shall be approved by the nation in referendum, and then receive the title of "Heir Presumptive".
  • Upon the demise, abdication, or removal from the Throne of the King, the Heir Presumptive shall swear an oath promising to protect and uphold the Organic Law of Talossa and the rights of all its citizens, and thereupon become King of Talossa. If there is no Heir Presumptive, the Uppermost Cort shall be a Council of Regency until an Heir Presumptive is chosen.
  • Unless the King of Talossa is chosen as their own Heir Presumptive, they shall be deemed to have abdicated upon having served in that role for 7 years.

We aim to put this, or some other proposal to similar effect, to a vote during this Cosa.

14
The Lobby / Re: Committee of Legal Reforms
« on: February 01, 2021, 04:07:59 PM »
What in the Fourth Covenant provides a "right to property" or criminalizes embezzlement?

"the right of the people to privacy and security in their persons, homes, papers, correspondence, and property, against unreasonable searches and seizures, shall not be violated"

Quote
What in the Sixth Covenant criminalizes domestic violence?

"no right herein enumerated, or elsewhere recognised by the Cosa, shall extend to anyone engaged in activities which injure, endanger, risk or compromise the physical health, privacy, or tranquility of other persons"

Quote
Generally speaking, the Covenants are understood as a list of rights that citizens enjoy and upon which the Government cannot infringe.

No, that's just how you understand them, presumably on the analogy of the US Bill of Rights. But the Preamble states that "The Covenant of Rights and Freedoms guarantees the rights and freedoms set out in them to all Talossan citizens". It positively grants rights rather than negatively prevents infringements upon them.


15
Wittenberg / Suggestions for a John Eiffler memorial
« on: February 01, 2021, 04:01:47 PM »

Any other ideas?

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