NATION

PASSWORD

NSG Senate (OLD THREAD, DO NOT POST)

A resting-place for threads that might have otherwise been lost.

Advertisement

Remove ads

User avatar
Ziegenhain
Diplomat
 
Posts: 552
Founded: Jan 02, 2013
Ex-Nation

Postby Ziegenhain » Fri May 03, 2013 3:16 am

I vote AYE for the PLEA (2013).
wew lad

Factbook: Greater Ziegenian Reich
OOC Dispatch: Here

<Koyro> Putin's immortality is fueled by Obama's tears
<Unolia> Others argue that leagues like the Unolian Handball System, which operates on no subsidization at all and operating so much in the black that Nevanmaa won't let it marry whites, is shining example of Capitalism at work.

User avatar
Othelos
Postmaster-General
 
Posts: 12729
Founded: Feb 05, 2013
Ex-Nation

Postby Othelos » Fri May 03, 2013 3:49 am

New Freedomstan wrote:I move that the Agricultural Rights Act (2013) be added to the queue.

Agricultural Rights Act (2013)
Drafted by: The Aid Cooperative of Farmers || Urgency: Urgent

Written by: New Freedomstan (USLP)
Co-sponsors: Nui Magna (NPP), Wolfmanne (PCP), Costa Alegria (PCP)

RECOGNISING that farmers collectively produce the majority of our nation's food and deserve due recognition of their rights and labour, along with fishermen and herders.

APPROVING certain unalienable rights for the people of our country regarding land ownership and management.

Article 1: On Land Ownership
1a: The right of the private citizen to own land is recognised by the state. Land includes arable land, hills, beaches and forests.
1b: The citizen has the right to themselves independently, or in cooperation with others, run a farm.
1c: A farm is defined as a landowner's right to drive an independent business in producing food and other agricultural goods (textiles, timber etc) in compliance with existing laws for small-enterprises.

Article 2: On Inheritance
2a: Farms are to be considered separate in terms of taxation and laws, due to the important service our food producers make. Other legislation dealing with inheritance does not affect farms.
2b: Farms with less than 0.2 kilometres squared fertile land are not to be taxed at inheritance.
2c: Farms exceeding this size, are to have a one-time inheritance tax of 5% of the farm's value.
2d: The first-born child of a farmer has the first right of inheritance, and the line of inheritance follows the children of a farmer. If a farmer dies with no children capable or willing to inherit the farm, it will follow in the family line accordingly: siblings of the farmer are to first be granted the opportunity of inheritance then their children, and so on.
2e: Inheritance of a farm means the duty of continuing to run the farm as an economical unit. If the farm is inherited as simply a home, then normal taxes for inheritance applies.
2f: The inheritance law outlaid in 2d may be amended for single-farms by the owner(s) of the farm themselves in a will or other legal document.

Article 3: On Cooperatives
3a: Farmers have the right to voluntarily enter cooperative relationships with fellow farmers.
3b: A cooperative is defined as a group of farming landowners, tenant farmers, agricultural workers and so on who have entered an agreement to share the land, equipment and labours.
3c: Cooperatives are allowed to determine their own internal affairs and method of running, but excessive discrimination of former tenant farmers and agricultural labourers in favour of the former land-owners may mean the cooperative is subjected to a fine equaling up to ten percent of annual profit.

Article 4: On Subsidies and Taxation
4a: Farms are subjected to a total taxation of 10% of annual profit, and 2.5% of the value of the farm. Farmers who make less than the median wage are excempt from further taxation.
4b: In order to make our nation self-sufficient in terms of food, and to guarantee our farmers a decent standard of living while also guaranteeing low food prices for our population, productive farms are eligible for agricultural subsidies.
4c: The Agricultural Subsidies are set by annually by the budget.

Article 5: On Land Expropriation
5a: The government reserves the right to, in cases of construction of national infrastructure or when national security is threatened, to expropriate land.
5b: Farmers are due just compensation when this is the case, and may demand compensation in the form of monetary compensation.
5c: Monetary compensation in the case of forced expropriation is to be at least the value of the farm.

Article 6: On Archeological Excavations
6a: When a farmer discovers items of archeological interest on their land, they are obligated to inform the local authorities. Failure to do so is subject to a fine of up to 5,000 US dollars.
6b: When excavating land for the purposes of our national history, farmers are to offer their land in due for just compensation.
6c: Farmers are due being compensated fully for lost income due to archeological excavations.

Article 7: On Rural Services
7a: The rural population are due similar services to similar prices as that experienced by the urban population.
7b: Services in 7a refers to the following: Telecommunications, postal service, internet access, sewage, water, electricity and online retail.
7c: These services are to either be provided by the state, or the state is to subsidise private companies providing these services in order that the rural population do not pay more for the same service as the urban population.

Article 8: On Hunting and Predators
8a: All landowners have the right to hunt and fish on their land using weapons provided by other bills.
8b: In the interest of preserving our national wildlife, the state is to annually set national quotas for the various sorts of game that may be hunted.
8c: Individual farmers are to receive at least a single quota irrelevant of size of the farm, while further quotas are dependant on the size of the farm.
8d: Farmers may renounce their farm's right to a hunting quota if they so desire.
8e: Farmers have the right to shoot to kill any predator threatening their person, livelyhood or livestock. Predator refering to predatory animals, not persons.

Article 9: On the Public Usage of Land
9a: All citizens of the Republic have the right to freely traverse throughout our country.
9b: The only exceptions to 9a is on fertile soil owned by farmers or the state, inside people's private yards and homes, as well as inside any building wether private or state. Farmers may furthermore designate areas of their land as 'productive territory' (land used by livestock, orchards, fields, etc) which is not open to public access.
9c: The right to travel includes the right to stay inside someone's private land for up to 48 hours without asking for permission.
9d: Vandalism is not tolerated when staying on someone's private land. The usage of live fire is prohibited, as is tearing down of trees and particularily crops. Violation of this may be punished by up to two years in prison, or an equitable fine, depending on the severity of the vandalism

Article 10: On Tenant Farmers
10a: Tenant Farmers are defined as landless farmers leasing land from a landowner to run the land.
10b: Tenant Farmers have the right to buy their leased land at any time for a price equal to the value of the land.
10c: The landowner can not deny a Tenant Farmer's claim to 10b unless the landowner has less fertile land than 0.2 kilometers squared themselves.

Article 11: On National Emergencies and Anti-Slavery
11a: All farmers are due just compensation for their labour.
11b: No farmer is to be forced to give up their produce without adequate pay.
11c: In the case of a local or national famine, 11b may be temporarily suspended by the state in order to save lives.
11d: If 11c is used, the farmers are due compensation after the crisis is over if the ones receiving the produce cannot pay then and there. If they can pay then and there, they are to pay as normal.

This belongs in the coffee shop only.

Current Vote on the PLEA (2013):

For: 76
Against: 3
Present: 0

Total: 79

Approval Rate: 96.2%

Voting Period on PLEA Ends 11:54 AM EDT, Saturday.

User avatar
Azurand
Ambassador
 
Posts: 1242
Founded: Dec 19, 2012
Ex-Nation

Postby Azurand » Fri May 03, 2013 5:28 am

I hereby vote Aye on PLEA Act.
PAIN - PAIX - LIBERTÉ

User avatar
Vazdania
Post Marshal
 
Posts: 19448
Founded: Mar 06, 2011
Ex-Nation

Postby Vazdania » Fri May 03, 2013 5:52 am

Maklohi Vai wrote:
Len Hyet wrote:If it is at all feasible, I motion that we suspend voting on the National Symbols Act, the Business and Accountability Act, and the National Retirement and Pensions Act, until after voting on the National Security Act, as it seems the most pressing of all current Acts in the queue.

I believe a proper motion would be "I motion to move the National Security Act to the top of the queue." I'm not making this motion myself, just commenting.

that's incorrect wording...
"I move to put the national Security act to the top of the queue" <-------that's the correct wording, and we can't do that as of yet. Currently we must put all bills in queue and vote upon them as they appear in numerical order.
Last edited by Vazdania on Fri May 03, 2013 5:55 am, edited 1 time in total.
NSG's Resident Constitutional Executive Monarchist!
We Monarchists Stand With The Morals Of The Past, As We Hatch Impossible Treasons Against The Present.

They Have No Voice; So I will Speak For Them. The Right To Life Is Fundamental To All Humans Regardless Of How Developed They Are. Pro-Woman. Pro-Child. Pro-Life.

NSG's Newest Vegetarian!

User avatar
Len Hyet
Postmaster-General
 
Posts: 10798
Founded: Jun 25, 2012
Inoffensive Centrist Democracy

Postby Len Hyet » Fri May 03, 2013 11:23 am

So if I'm not breaching any protocol I'm unaware of...

I would like to present to the chamber the National Judicial Act of 2013. In short, it establishes the court system, lists their rights and responsibilities, gives a procedure for appointing Judges, and makes it a full branch of the Government equal in respect and independence to the Executive and Legislative Branches.

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:

Declares That 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.

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.

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.

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.

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.

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.

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.
These rights are:
    [1]They have the right to remain silent;
    [2]Anything the suspect does 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.
=][= Founder, 1st NSG Irregulars. Our Militia is Well Regulated and Well Lubricated!
On a formerly defunct now re-declared one-man campaign to elevate the discourse of you heathens.
American 2L. No I will not answer your legal question.

User avatar
Lemanrussland
Negotiator
 
Posts: 5078
Founded: Dec 10, 2012
Ex-Nation

Postby Lemanrussland » Fri May 03, 2013 11:29 am

I would like to submit the Modified Universal Healthcare Act to the Senate queue as well.

It basically establishes a two-tier healthcare system for our nation, with a public system providing a minimum level of care to all citizens, while allowing citizens to supplement or replace this with private medical care. The public and private medical institutions shall compete with one another, lowering costs and promoting more dynamism in our healthcare market.

Universal Healthcare Act [Modified]


Urgency: High

Originally Written by: Chestaan[C]

Modified by: Lemanrussland[LD]

Original bill Co-Sponsored by: Shrillland[RG], Argorland[TR], Maklohi Vai[LD], TerraPublica[C], Wolfmanne[PC].

Modified bill Co-Sponsored by: Greater Pokarnia[C], Othelos[PC], Soviet Canuckistan[LD], Britcan[TR], Chestaan[C]

Recognising that healthcare is a right that must be provided to all in our great and unnamed nation.

Realising that this can only be achieved by providing low cost and easily accessible hospital care to all our citizens.

Understanding that many citizens may be unable to afford the care of a GP and that these people must be provided for.

Stating that in the long run, such provisions will only benefit our people and also the economy, as a healthy population is a necessity for a healthy economy.

This Act establishes the following:

(i) A national healthcare system will provide free healthcare at the point of service to all citizens. Expenses shall be covered by government taxation revenue. All health care includes, but is not limited to: hospital care, GP care, dentistry, orthodontics, specialist care, psychiatric care, all necessary surgery, home help, all necessary treatments, counselling, prescription mecidines etc.

(ii) The National Health Board (NHB), subordinate to the Ministry of Health, shall be set up to oversee our healthcare system. The responsibilities of the NHB include, but are not limited to, the building of government hospitals, the hiring of medical staff, the setting of standards for our health industry, and the regulation of all healthcare professionals.

(iii) All citizens shall be free to purchase private health services, outside of the national health system, if they wish to do so.

(iv) Non-critical medical procedures (for example: sex changes or non-imperative plastic surgery) are not covered by the national healthcare system. Citizens seeking those kinds of operations will have to go to the private sector.
Last edited by Lemanrussland on Fri May 03, 2013 11:29 am, edited 1 time in total.

User avatar
Chestaan
Negotiator
 
Posts: 6977
Founded: Sep 30, 2011
Ex-Nation

Postby Chestaan » Fri May 03, 2013 11:31 am

Lemanrussland wrote:I would like to submit the Modified Universal Healthcare Act to the Senate queue as well.

It basically establishes a two-tier healthcare system for our nation, with a public system providing a minimum level of care to all citizens, while allowing citizens to supplement or replace this with private medical care. The public and private medical institutions shall compete with one another, lowering costs and promoting more dynamism in our healthcare market.

Universal Healthcare Act [Modified]


Urgency: High

Originally Written by: Chestaan[C]

Modified by: Lemanrussland[LD]

Original bill Co-Sponsored by: Shrillland[RG], Argorland[TR], Maklohi Vai[LD], TerraPublica[C], Wolfmanne[PC].

Modified bill Co-Sponsored by: Greater Pokarnia[C], Othelos[PC], Soviet Canuckistan[LD], Britcan[TR], Chestaan[C]

Recognising that healthcare is a right that must be provided to all in our great and unnamed nation.

Realising that this can only be achieved by providing low cost and easily accessible hospital care to all our citizens.

Understanding that many citizens may be unable to afford the care of a GP and that these people must be provided for.

Stating that in the long run, such provisions will only benefit our people and also the economy, as a healthy population is a necessity for a healthy economy.

This Act establishes the following:

(i) A national healthcare system will provide free healthcare at the point of service to all citizens. Expenses shall be covered by government taxation revenue. All health care includes, but is not limited to: hospital care, GP care, dentistry, orthodontics, specialist care, psychiatric care, all necessary surgery, home help, all necessary treatments, counselling, prescription mecidines etc.

(ii) The National Health Board (NHB), subordinate to the Ministry of Health, shall be set up to oversee our healthcare system. The responsibilities of the NHB include, but are not limited to, the building of government hospitals, the hiring of medical staff, the setting of standards for our health industry, and the regulation of all healthcare professionals.

(iii) All citizens shall be free to purchase private health services, outside of the national health system, if they wish to do so.

(iv) Non-critical medical procedures (for example: sex changes or non-imperative plastic surgery) are not covered by the national healthcare system. Citizens seeking those kinds of operations will have to go to the private sector.


Seeing as I wrote half of this, I might as well support it :p I move that we add this to the queue.
Council Communist
TG me if you want to chat, especially about economics, you can never have enough discussions on economics.Especially game theory :)
Economic Left/Right: -9.88
Social Libertarian/Authoritarian: -6.62

Getting the Guillotine

User avatar
Len Hyet
Postmaster-General
 
Posts: 10798
Founded: Jun 25, 2012
Inoffensive Centrist Democracy

Postby Len Hyet » Fri May 03, 2013 11:32 am

Chestaan wrote:
Lemanrussland wrote:I would like to submit the Modified Universal Healthcare Act to the Senate queue as well.

It basically establishes a two-tier healthcare system for our nation, with a public system providing a minimum level of care to all citizens, while allowing citizens to supplement or replace this with private medical care. The public and private medical institutions shall compete with one another, lowering costs and promoting more dynamism in our healthcare market.



Seeing as I wrote half of this, I might as well support it :p I move that we add this to the queue.

Seconded
=][= Founder, 1st NSG Irregulars. Our Militia is Well Regulated and Well Lubricated!
On a formerly defunct now re-declared one-man campaign to elevate the discourse of you heathens.
American 2L. No I will not answer your legal question.

User avatar
Arglorand
Postmaster-General
 
Posts: 12597
Founded: Jan 08, 2013
Ex-Nation

Postby Arglorand » Fri May 03, 2013 11:34 am

Len Hyet wrote:
Chestaan wrote:
Seeing as I wrote half of this, I might as well support it :p I move that we add this to the queue.

Seconded

Thirded.
Kosovo is Morrowind. N'wah.
Impeach Dagoth Ur, legalise Daedra worship, the Empire is theft. Nerevarine 3E 427.

Pros: Dunmeri independence, abolition of the Empire, the Daedra, Morag Tong, House Redoran, Ashlander interests, abolitionism, Dissident Priests, canonisation of St. Jiub the Cliff Racer Slayer.
Cons: Imperials, the Empire, the False Tribunal, Dagoth Ur, House Hlaalu, Imperials, the Eight Divines, "Talos", "Nords", Imperial unionism, Imperials.

I am a: Social Democrat | Bright green | Republican | Intersectional feminist | Civic nationalist | Multiculturalist
(and i blatantly stole this from Old Tyrannia)

User avatar
Britcan
Senator
 
Posts: 3961
Founded: Jun 27, 2010
Left-Leaning College State

Postby Britcan » Fri May 03, 2013 11:35 am

Arglorand wrote:
Len Hyet wrote:Seconded

Thirded.

Forthed

This nation should not be taken to be representative of my real-life views, nor should any of the nonsense I posted on here as a teenager.

User avatar
Lemanrussland
Negotiator
 
Posts: 5078
Founded: Dec 10, 2012
Ex-Nation

Postby Lemanrussland » Fri May 03, 2013 11:39 am

Len Hyet wrote:So if I'm not breaching any protocol I'm unaware of...

I would like to present to the chamber the National Judicial Act of 2013. In short, it establishes the court system, lists their rights and responsibilities, gives a procedure for appointing Judges, and makes it a full branch of the Government equal in respect and independence to the Executive and Legislative Branches.

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:

Declares That 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.

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.

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.

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.

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.

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.

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.
These rights are:
    [1]They have the right to remain silent;
    [2]Anything the suspect does 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.

I also move to have the National Judicial Act of 2013 added to the queue. I hope initiating multiple motions does not violate protocol, if it does, I apologize.

User avatar
Herrebrugh
Post Marshal
 
Posts: 15206
Founded: Aug 24, 2007
Liberal Democratic Socialists

Postby Herrebrugh » Fri May 03, 2013 11:40 am

Britcan wrote:
Arglorand wrote:Thirded.

Forthed


Fifthed.
Uyt naem Zijner Majeſteyt Jozef III, bij de gratie Godts, Koningh der Herrebrugheylanden, Prins van Rheda, Heer van Jozefslandt, enz. enz. enz.
Im Namen Seiner Majeſtät Joſeph III., von Gottes Gnaden König der Herrenbrückinſeln, Prinz von Rheda, Herr von Josephsland etc. etc. etc.


The Factbook of the Kingdom of the Herrebrugh Islands
Where the Website-Style Factbook Originated!

User avatar
Yanalia
Ambassador
 
Posts: 1197
Founded: Feb 22, 2013
Ex-Nation

Postby Yanalia » Fri May 03, 2013 11:40 am

Aye on PLEA.
Economic Left/Right: -9.12
Social Libertarian/Authoritarian: -7.33

Free South Califas wrote:Dammit Byzantium, stop spraying your ignorance on everyone.

User avatar
Chestaan
Negotiator
 
Posts: 6977
Founded: Sep 30, 2011
Ex-Nation

Postby Chestaan » Fri May 03, 2013 11:41 am

Herrebrugh wrote:
Britcan wrote:Forthed


Fifthed.


Excellent! I believe that means that the Universal Healthcare Act is now added to the queue.
Council Communist
TG me if you want to chat, especially about economics, you can never have enough discussions on economics.Especially game theory :)
Economic Left/Right: -9.88
Social Libertarian/Authoritarian: -6.62

Getting the Guillotine

User avatar
Lemanrussland
Negotiator
 
Posts: 5078
Founded: Dec 10, 2012
Ex-Nation

Postby Lemanrussland » Fri May 03, 2013 11:54 am

Vazdania wrote:
Maklohi Vai wrote:I believe a proper motion would be "I motion to move the National Security Act to the top of the queue." I'm not making this motion myself, just commenting.

that's incorrect wording...
"I move to put the national Security act to the top of the queue" <-------that's the correct wording, and we can't do that as of yet. Currently we must put all bills in queue and vote upon them as they appear in numerical order.

Unfortunate, since paramilitary groups are massing in our nation, threatening the democratic process and this whole body. I would rather that we are not flung into civil war with no standing army. Do we even have the ability to declare a national state of emergency, and enact emergency measures?

User avatar
The Keystone Federation
Senator
 
Posts: 4007
Founded: Oct 27, 2012
Ex-Nation

Postby The Keystone Federation » Fri May 03, 2013 11:59 am

I vote aye for the Plea act.

The Keystone Federation
"Virtue, Liberty, and Independence"
Population: 236.594 Million

"It's never too late to be what you might have been."
When I participate in a roleplay in ii I expect realism, if you attack me with a flying aircraft carrier or a giant robot, I'm probably going to leave.
Currently at War with: Kamchastkia, Bydo


User avatar
Kouralia
Post Marshal
 
Posts: 15140
Founded: Oct 30, 2011
Democratic Socialists

Postby Kouralia » Fri May 03, 2013 11:59 am

Lemanrussland wrote:
Vazdania wrote:that's incorrect wording...
"I move to put the national Security act to the top of the queue" <-------that's the correct wording, and we can't do that as of yet. Currently we must put all bills in queue and vote upon them as they appear in numerical order.

Unfortunate, since paramilitary groups are massing in our nation, threatening the democratic process and this whole body. I would rather that we are not flung into civil war with no standing army. Do we even have the ability to declare a national state of emergency, and enact emergency measures?

I would like to point out on behalf of my Officials that the PPF has not made any form of aggressive action. We are less well armed than the others, and only loosely count as an armed political paramilitary. - Senator Joseph Kourie
Kouralia:

User avatar
Othelos
Postmaster-General
 
Posts: 12729
Founded: Feb 05, 2013
Ex-Nation

Postby Othelos » Fri May 03, 2013 12:22 pm

Current Vote on the PLEA (2013):

For: 79
Against: 3
Present: 0

Total: 82

Approval Rate: 96.3%

Voting Period on PLEA Ends 11:54 AM EDT, Saturday.

User avatar
Herrebrugh
Post Marshal
 
Posts: 15206
Founded: Aug 24, 2007
Liberal Democratic Socialists

Postby Herrebrugh » Fri May 03, 2013 12:25 pm

Yea on PLEA.
Uyt naem Zijner Majeſteyt Jozef III, bij de gratie Godts, Koningh der Herrebrugheylanden, Prins van Rheda, Heer van Jozefslandt, enz. enz. enz.
Im Namen Seiner Majeſtät Joſeph III., von Gottes Gnaden König der Herrenbrückinſeln, Prinz von Rheda, Herr von Josephsland etc. etc. etc.


The Factbook of the Kingdom of the Herrebrugh Islands
Where the Website-Style Factbook Originated!

User avatar
Othelos
Postmaster-General
 
Posts: 12729
Founded: Feb 05, 2013
Ex-Nation

Postby Othelos » Fri May 03, 2013 12:34 pm

Vazdania wrote:
Maklohi Vai wrote:I believe a proper motion would be "I motion to move the National Security Act to the top of the queue." I'm not making this motion myself, just commenting.

that's incorrect wording...
"I move to put the national Security act to the top of the queue" <-------that's the correct wording, and we can't do that as of yet. Currently we must put all bills in queue and vote upon them as they appear in numerical order.

Not necessarily. There's no rule against changing the order of the queue.

User avatar
Venaleria
Diplomat
 
Posts: 616
Founded: Nov 20, 2012
Ex-Nation

Postby Venaleria » Fri May 03, 2013 1:07 pm

I vote Aye for PLEA
Vice President of Aurentina, representing Lüsen, District 375
Election Commissioner for the Red-Greens Party
NSG Senate Administrator
Ambassador to the Totally Rad Party
Join Sirius. Siriusly.
If you're going to spell my name, spell it correctly. Or you can just call me Ven or Venny.
"Is it behind the bunny?" "It IS the bunny!" -MP

User avatar
Finium
Senator
 
Posts: 3849
Founded: Nov 17, 2010
Iron Fist Consumerists

Postby Finium » Fri May 03, 2013 1:19 pm

Othelos wrote:
Vazdania wrote:that's incorrect wording...
"I move to put the national Security act to the top of the queue" <-------that's the correct wording, and we can't do that as of yet. Currently we must put all bills in queue and vote upon them as they appear in numerical order.

Not necessarily. There's no rule against changing the order of the queue.

We can motion to change the docket, or we can motion to table everything on the docket until we have addressed the NSA or we can motion to suspend the rules to immediately debate the NSA. If you want the NSA, we can get it
big chungus, small among us

User avatar
Phing Phong
Ambassador
 
Posts: 1748
Founded: Sep 04, 2008
Ex-Nation

Postby Phing Phong » Fri May 03, 2013 1:24 pm

I wish to vote against the PLEA, as I believe moving it up the queue has set a poor precedent that goes against the interests of fair hearing for all bills, regardless of perceived urgency.
Incompetent Buddhist, liberal centrist and militant queer

Embassy Program | NSwiki Pages | Factbook | Map | National Anthem | Constitution | Phing Phong Fine Rices | Culture Test
Member of the Stonewall Alliance, open to all LGBT-friendly nations!

User avatar
Atmast
Lobbyist
 
Posts: 23
Founded: Feb 22, 2013
Ex-Nation

Postby Atmast » Fri May 03, 2013 1:30 pm

I vote AYE on PLEA
My Political Compass
Economic Left/Right: -7.88
Social Libertarian/Authoritarian: -6.46

User avatar
Kengburg
Ambassador
 
Posts: 1506
Founded: Dec 08, 2012
Ex-Nation

Postby Kengburg » Fri May 03, 2013 1:32 pm

On behalf of the citizenry of this Great Republic who have elected me, in an effort to uphold their safety and best interests, vote FOR the PLEA Act.
My Political Compass
Economic Left/Right: 1.75
Social Libertarian/Authoritarian: -2.21
Proud Allied State of the Union of Human Supremacists, Ave Humanitas!

PreviousNext

Advertisement

Remove ads

Return to Archives

Who is online

Users browsing this forum: No registered users

Advertisement

Remove ads