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#Post#: 360--------------------------------------------------
[Law-IC/OOC] Judicial Procedure for the Supreme Court
DIR By: Imperial Celestiana
Date: September 6, 2015, 6:19 pm
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--- Quote from: Imperial Celestiana link ---
>
> [quote]Realizing: The need for a fair and balanced court
system.
> Acknowledging:A law can be created for such purposes to
regulate court proceedings and cases.
> Congress hereby mandates:
> The following law shall govern the Supreme Court and it's
members, and all cases shall be henceforth bound to this law.
> Article I
> Court Case Requests
> A. All court cases presented before the Supreme Court shall
be formatted as such-
> "CC (Court Case)- (#) and then the prosecution vs defense.
(For example, Caos vs Gondor)
> 1a. An exception shall be made for cases involving a review of
a law, in which case it shall be titled "Judicial Review of
(insert law)
> B. The prosecution must fill out the following form correctly
in order to submit the complaint before the Supreme Court-
> "Plaintiff:
> (the name of the accuser)
> Defense:
> (the accused)
> Accusation:
> (what they did illegally, must require a law they are in
conflict with)
> Evidence:
> (all statements, associated posts, with an explanation of the
relevance of each)
> Formal Charges:
> (Civil/Criminal Charges you wish to bring forth)
> Witness:
> (The name of the persons who will be testifying for you and
what their relevance to the case is)
> C. No new charges may be brought forth once the petition has
been brought before the Supreme Court for review.
>
> Article II
> Selection of a Case
> A. Once brought before the Supreme Court, Chief Justice shall
convene a private meeting in order to determine whether the
Court shall accept or decline the case. No arguments shall be
made at this time.
> B. Once the Court has decided and a majority vote has voted in
favor of the case, the Chief Justice shall notify both parties
of the acceptance of the case and shall open the floor for
arguements. Arguements shall then proceed in and orderly,
respectful, and polite manner.
>
> Article III
> Rights of the Accused
> A. Right to Councel
> 1. The defense shall have the right to legal counsel. The
Court shall appoint an attorney if the defense cannot afford
one.
>
> 2. The defense shall have the right to be represented by an
attorney even if the defense fails to show up at their case.
>
> 3. The defense shall have the right to forgo legal counsel and
represent themselves.
>
> a. If a defense elects to represent themselves, but fails to
show up at their case, they forfeit the case.
>
> Section 2: Right to Remain Silent
>
> 1. The defense shall have the right to say nothing before
and/or during the case.
>
> Section 3: Right to Transparency
>
> 1. The defense and/or their attorney shall have the right to
examine the plantiffs petition and all evidence gathered against
them, within reason.
>
> Section 4: Right to Fair Questioning
>
> 1. The defense or their attorney shall have the right to bring
in witnesses and cross-examine the plantiffs witnesses.
>
> 2. The defense cannot be compelled to become a witness against
themselves.
>
> 3. Questioning sessions cannot be of an unreasonable length of
time.
>
> Section 5: Right to Due Process
>
> 1. The defendant shall not be deprived of life, liberty, or
property, without the due process of the law.
>
> 2. The defendant cannot be tried twice for the same crime.
>
> 3. Evidence obtained illegally in the jurisdiction of its
origin is inadmissible.
>
> Article IV
> Hearing a Case
> A. The Plantiff shall first begin by stating their opening
statement. After the defense may present their opening
statement.
> B. Oral arguement shall then proceed soon after in which the
Plantiff and Defense shall argue their case.
> C. Once the Council has decided that they have heard enough to
determine their verdict, they shall notify both parties who
shall then present their closing statement.
> D. All arguing of the case must be made in the chambers of the
Supreme Court. If an party attempts to argue the case in any
other venue, the Court may assess a Contempt of Court citation
and a penalty of some sort.
> E. The Supreme Court shall also reserve the right to ask
questions during the proceedings. Should any party fail to or
refuse to answer clearly, the Court may assess a Contempt of
Court citation and a penalty of some sort.
> F. The Justices shall be tasked with moderating Court
proceedings. This include ensuring that arguements are made in a
polite, respectful, and orderly manner. Should any party fail to
heed judicial warning, the Court may assess a Contempt of Court
citation and a penalty of some sort.
>
> Article V
> Deciding a Verdict
> A. After the case has been closed, the justices shall meet in
a private conference to determine the verdict. No arguements
shall be made at this time.
> B. Once the Court has determined verdict, it shall be
publically announced.
> C. The verdict of the Supreme Court may not be appealed.
>
> Article VI
> Interim Judges
> A. If there shall be a member to any party of a case that is
also a Justice, an interim Justice shall be chosen to prevent
bias in the proceedings of the court.
> B. The interim judge shall be appointed by the Chief Justice
with the consent of the other justice.
> C. If this be the case with more than one justice, then the
President shall appoint interim judges at their will, and
Congress, if it deems necessary, may by law vest the appointment
of such inferior officers, as they think proper.
> D. If the Prosecution or Defense believe that any of the
Justices have a conflict of interest or bias, may petition the
Court to remove that Justice with evidence to back up their
claim.
> Article VII
> Definitions
>
> Defense/Defendant shall be defined as the case presented by or
on behalf of the party being accused or sued in a lawsuit.
>
> Prosecution/Plantiff- a person who brings a case against
another person in a court of law.
--- End Quote ---
Passed by a 6-1-0 vote. This bill passes the House and awaits
the President's signature.
[/quote]
--- Quote from: Kejsarinna Diana link ---
>
> OOC: Thank you
>
> IC:
>
> Signed,
> Jessica Warren
>
--- End Quote ---
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