Judicial Tweaks

Started by Baron Alexandreu Davinescu, October 20, 2023, 09:36:08 AM

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Baron Alexandreu Davinescu

First of all, I want to change the nomenclature of the Clerk's office to be Clarqeu da Corts, which is I think the appropriate translation.  So I want to make that change throughout.

Secondly, since service is usually possible by the Clerk directly through private message, and I just realized I've been cutting out a step accidentally and we should formalize that:

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").

shall be amended to

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, on request of the Clarqeu da Corts. 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").

Thirdly, I think I have implicit authority to specify the rough form for petitions, but just to make it clear:

4.11.  The Clarqeu da Corts may publish guidelines as to the appropriate forms for filing petitions before the Corts, and may reject petitions which fail to abide by these guidelines.  Such guidelines will be entirely subordinate and subject to the oversight and amendment of the Cort pü Inalt.

Fourthly, we need some civil suit protections.  The law has a lot of stuff about criminal suits, but we need a similar section for civil suits.  I'll get to that ASAP.
Alexandreu Davinescu, Baron Davinescu del Vilatx Freiric del Vilatx Freiric es Guaír del Sabor Talossan


Bitter struggles deform their participants in subtle, complicated ways. ― Zadie Smith
Revolution is an art that I pursue rather than a goal I expect to achieve. ― Robert Heinlein

Baron Alexandreu Davinescu

Okay, so this is what I was thinking for civil law:

Add a 36 mo statute of limitations to civil claims.
Add provision to allow for motions for recovery of damages for nuisance or frivolous suits after a verdict has been rendered.
Add procedures akin to the criminal procedures:
-Lawsuit lodged
-Clerk assigns
-Notice served
-Prelim hearing and opportunity for arbitration; make sure to account for judge's discretion.
-90 days for amended petition or broader brief; make sure to account for judge's discretion.
-90 days to respond or else finding of summary judgment; make sure to account for judge's discretion.
Alexandreu Davinescu, Baron Davinescu del Vilatx Freiric del Vilatx Freiric es Guaír del Sabor Talossan


Bitter struggles deform their participants in subtle, complicated ways. ― Zadie Smith
Revolution is an art that I pursue rather than a goal I expect to achieve. ― Robert Heinlein

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Baron Alexandreu Davinescu

#3
Sure, that would be fine with me. Makes sense to do it all at once. We have collaborated on Justice stuff before, and I don't think we have any serious philosophical disagreements about anything in that regard. Your bill was posted before mine, so shall we just add my stuff to yours? I will work out legislative language probably tonight or later this weekend.
Alexandreu Davinescu, Baron Davinescu del Vilatx Freiric del Vilatx Freiric es Guaír del Sabor Talossan


Bitter struggles deform their participants in subtle, complicated ways. ― Zadie Smith
Revolution is an art that I pursue rather than a goal I expect to achieve. ― Robert Heinlein