Act to Establish a Judicial System
Drafted By: Len Hyet
Edited By: Ceannairceach, Aquitayne, Costa Alegria
Sponsored By: Ceannairceach, Aquitayne, Gallup, Jerusalemian, Lemanrussland
Accepting That there is as of currently no established Judicial System,
Understanding That such a Judicial system is entirely necessary for the full and efficient progress of a Nation,
Concerned That individual regions may establish their own Judicial Systems without the weight of a higher court, or of the backing of the National Government,
THIS ACT HEREBY:
DeclaresThat the Judicial Branch of the Government, as is established in this bill, has the following Rights and Responsibilities. The Judicial Branch is put in place to interpret the law as they see fit, with the final interpretation of any law going to the Supreme Court. The Judicial Branch is to ensure the law is applied out faithfully, and as such is held to a high moral standard. The Judicial Branch may strike down laws passed by the Senate that contradict the Constitution or any amendments made thereupon.
Establishes The judicial Power of this nation, that shall be vested in one Supreme Court, and in such inferior Courts as the Senate may from time to time ordain and establish. The Judges, both of the Supreme and Inferior Courts, shall hold their Offices during good Behavior, and shall, at stated Times, receive for their Services a Compensation which shall not be diminished during their Continuance in Office.
Further Establishes That there shall be nine types of court, which are listed in here in no particular order, the Supreme Court, the National Court of Appeals, the National District Courts, the Highest State Court of Appeals, the State Court of Appeals, Local Trial Courts, the Court of International Trade, the Court of Claims, and the Court of Military Appeals.
Places in Branches The nine types of court. There shall be two branches of Court, each separate and equal to the other courts, and each having their own jurisdiction that shall not be infringed upon by the other courts. These two Branches of Court are the National Court System, and the State Court System. There shall be three courts separate from the branches of the Court System, each of which has it's own jurisdiction and is not to be infringed upon by the other courts. These three Courts are the Court of International Trade, the Court of Claims, and the Court of Military Appeals.
Defines The Supreme Court. The Supreme Court is the highest Court in the Land. Once a verdict has been rendered by the Supreme Court, there is no other court of appeals. Thus, the Supreme Court will be comprised of Nine Justices, each of which is to be of the highest Moral Character, Ethical Standing, and Strength of Mind. The Nine Justices will be appointed by the Head of State and confirmed by a two thirds majority by the Senate. The Justices will serve until they are medically unfit to serve, die, or retire from office.
Further Defines The National Court System as having three courts placed in hierarchy, the Hierarchy being as follows. The lowest court in this hierarchy is the National District Court, The National District courts are the general trial courts of the National Court System. Both civil and criminal cases are filed in the district court, which is a court of law, equity, and admiralty. There will be a bankruptcy court associated with each District Court. The Second Court in this hierarchy is the National Court of Appeals. These Courts are courts solely for the review of cases who's verdict have been rendered by a National District Court. These courts may overturn or sustain the verdict rendered previously. The third court in this Hierarchy is the Supreme Court, which is also a court of appeals, which has the same powers as the National Courts of Appeals, however all decisions made by the Supreme Court may only be reviewed by the Supreme Court, as it is the highest court in the Nation.
Further Defines The State Court System as having four courts placed in Hierarchy, the Hierarchy being as follows. The lowest court in this hierarchy is the Local Trial Court. This court is defined as having general jurisdiction and is authorized to hear any type of civil or criminal case that is not committed exclusively to another court. The second court in this Hierarchy is the State Appeals Court. These Courts are courts solely for the review of cases who's verdict have been rendered by a Local Trial Court. These courts may overturn or sustain the verdict rendered previously. The Third Court in this Hierarchy is the Highest State Court of Appeals, which also may be known as the State Supreme Court. It's duties are the same as the State Court of Appeals, and it may overturn decisions made by the State Court of Appeals. The Highest Court in this Hierarchy is the Supreme Court, the same Supreme Court as previously enumerated, with the same rights and responsibilities.
Further Defines The Court of International Trade. The Court of International Trade possesses limited subject matter jurisdiction, meaning that it may hear only cases involving international trade and customs law questions. All decisions made by this court may be appealed to the Supreme Court, that being the same Supreme Court as being previously enumerated, with the same rights and responsibilities.
Further Defines The Court of Claims. The Court of Claims possesses limited subject matter jurisdiction, meaning that it may hear only cases involving monetary claims being made against the National Government. All decisions made by this court may be appealed to the Supreme Court, that being the same Supreme Court as being previously enumerated, with the same rights and responsibilities.
Further Defines The Court of Military Appeals. The Court of Military Appeals possesses limited subject matter jurisdiction, meaning that it may hear only cases involving appeals being made after a verdict has been rendered by a Military Tribunal. The Court will be comprised of a Civilian Judge presiding over a Military Jury. All decisions made by this court may be appealed to the Supreme Court, that being the same Supreme Court as being previously enumerated, with the same rights and responsibilities.
Further Defines A Military Tribunal as being a Court Separate from the Judicial System of the Nation, to try members of the Military in cases involving a breach of both civilian and military law. This court is to be composed of a Jury of nine (9) members of the Military of equal rank to the accused, and one Judge of higher rank and appropriate training.
Enumerates The Rights of the Accused as follows. These rights must be read to the accused at the time of their arrest. These Rights apply to the gathering of testimonial evidence by Police. For these rights to apply, the following six (6) requirements must be met.
- Evidence must have been gathered.
- The evidence must be testimonial.
- The evidence must have been obtained while the suspect was in custody.
- The evidence must have been the product of interrogation.
- The interrogation must have been conducted by state-agents.
- The evidence must be offered by the state during a criminal prosecution.
The rights of the Accused, as they must be made aware of upon being arrested are as follows.
[1]They have the right to remain silent;
[2]Anything the suspect does or say can and may be used against them;
[3]They have the right to have an attorney present before and during the questioning; and
[4]They have the right, if they cannot afford the services of an attorney, to have one appointed, at public expense and without cost to them, to represent them before and during the questioning.
Designates That to become a Judge in any Court System, one must take a Civil Service Exam, to be administered by the National Government. Then, those who score acceptably (acceptability to be defined by the state for State Courts, and as a Ninety Five Percent (95%) for National and Independent Courts), will be nominated by the state Governor for State Courts or by the Head of Government for a National Court or Independent Court. The Nominee will then be submitted to the State Legislature for State Courts or to the National Senate for National or Independent Courts. Then a simple majority vote is required to establish the nominee as a Judge of the Court they have been nominated for. A Judge will serve until they are medically unfit to serve, die, or retire from office.
Establishes The Powers of a Judge during all trials as follows. It shall be the duty of the Judge to conduct a fair and impartial hearing, to assure that the facts are fully elicited, to adjudicate all issues and avoid delay. The Judge shall have authority with respect to cases assigned to him, between the time he is designated and the time he issues his decision, subject to the rules and regulations of the Commission, to: Administer oaths and affirmations; Issue authorized subpoenas; Rule upon petitions to revoke subpoenas; Rule upon offers of proof and receive relevant evidence; Take or cause depositions to be taken whenever the needs of justice would be served; Regulate the course of the hearing and, if appropriate or necessary, exclude persons or counsel from the hearing for contemptuous conduct and strike all related testimony of witnesses refusing to answer any proper questions; Hold conferences for the settlement or simplification of the issues; Dispose of procedural requests or similar matters, including motions referred to the Judge by the Commission and motions to amend pleadings; also to dismiss complaints or portions thereof, and to order hearings reopened or, upon motion, consolidated prior to issuance of his decision; Make decisions in cases that do not include a Trial by Jury; Call and examine witnesses and to introduce into the record documentary or other evidence; Request the parties to state their respective positions concerning any issue in the case or theory in support thereof; Adjourn the hearing as the needs of justice and good administration require; Take any other action necessary under the foregoing and authorized by the published rules and regulations of the Commission.
Defines A trial by Jury as a trial in which the defendant is judged by a group of twelve members of his peers, they being the Jury. If the Defendant wishes to, and the Court Agrees, then the Trial by Jury may be waived, in which case the Trial will be presided over, and a verdict rendered solely by, a Judge.
Firmly and Without Reservations Declares That all people are equal under the eyes of the law, that the Government shall not make any laws infringing upon the rights of a minority based on race, creed, gender, sexual orientation (or lack thereof). It will be the responsibility of the Judicial System to ensure that no law made infringes upon this sovereign right, and that no verdict is rendered upon a person because of their race, creed, gender, or sexual orientation.
This Act Hereby Welcomes into Existence the Judicial Branch of the Government, equal in responsibility and power to both of the other two Branches, and is a part of the Government in full.
Posted: Sat May 04, 2013 9:08 pm
