NSG Senate Chamber: I came, I saw, I cleaned up after myself

[Lykens]

"Scared of the possibility of an unstable alliance taking power? Terrified. A follow up bill to be voted with it at the same exact time is not impossible, and this level of pessimism from the ones who are quite cocky, and ready to take over is just as frightening as your unstable coalition. This bill specifically calls for the government to restrict access to those under the age of majority, and can easily be amended to fit the specific groups listed."

And if we followed the prestigious institute's instructions to the mark, we might as well ban alcohol.

(It would also do good to link the exact quote, or whatever else your were using in your argument, rather than the homepage.)

''The Coalición Azul is continuously strengthened due to the fact that we all laugh at your comments. Now, let me continue: the bill only legalizes marihuana, it doesn't control it whatsoever. The bill gives the monopoly of marihuana to Criminals and this will allow them to be the new millionaires of Calaverde. ''

Here you have the link: http://www.trimbos.nl/onderwerpen/alcoh ... en/risicos

"I do believe I am petrified my good countrymen have elected such legislators, who do not even have the sense to draft follow up legislation, and have it voted on with this bill."

"Drug dealers will face massive cut in their business from this bill - no one will go to buy drugs from dealers if they can get one packaged and ingredients listed from a dedicated store. Furthermore they will then pay taxes on the supply which lifts cost of rehabilitating them from the public shoulders."

"

"And how much is that tax? At the moment none. Nothing in this bill show any kind of tax or even worse cost."

"Which is why we must draft such legislation, and bring it to vote with this bill.

[Calimera II]

''The Coalición Azul is continuously strengthened due to the fact that we all laugh at your comments. Now, let me continue: the bill only legalizes marihuana, it doesn't control it whatsoever. The bill gives the monopoly of marihuana to Criminals and this will allow them to be the new millionaires of Calaverde. ''

Here you have the link: http://www.trimbos.nl/onderwerpen/alcoh ... en/risicos

"I do believe I am petrified my good countrymen have elected such legislators, who do not even have the sense to draft follow up legislation, and have it voted on with this bill."

''This bill is utterly nonsensical. I think you are unaware of the fact that I have submitted two bills to the queue already. I am against legalization of marihuana, and this bill will only increase insecurity due to the fact that it only legalizes marihuana and doesn't control it.''

[Lykens]

"I do believe I am petrified my good countrymen have elected such legislators, who do not even have the sense to draft follow up legislation, and have it voted on with this bill."

''This bill is utterly nonsensical. I think you are unaware of the fact that I have submitted two bills to the queue already. I am against legalization of marihuana, and this bill will only increase insecurity due to the fact that it only legalizes marihuana and doesn't control it.''

"Two bills that would not do what you are complaining about, my friend. Drafting a simple bill to regulate the drug is not impossible."

[Ainin]

Table this, please.

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National Judiciary Act
| Author: Senators Desjardins (Ainin) and Njil (The New World Oceania) |
| Sponsors: Senators Kourie (Kouralia), O'Hara (Beta Test), Diaz (Lykens), Rochefort (Soviet Canuckistan), Johnson (The Nihilistic view), and Bustamante (Maklohi Vai) |

An Act to form a fair and impartial civil, criminal and administrative judicial system and to establish a basic judicial code for the proper administration of justice and the well functioning of government and state; and for connected purposes.

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Preamble
WHEREAS a fair and equal system of justice is the epitomic symbol of modern civilisation,

WHEREAS the Government and Senate of Calaverde acknowledge that such a system is the cherished foundation of an effective and just government and state,

WHEREAS the judiciary must be representative of all peoples in Calaverde and offer fair trials to all, notwithstanding any financial, physical or mental disadvantage,

WHEREAS the Senate of Calaverde further recognises that a strong and independent judiciary is a key role in keeping executive and legislative power in check under the doctrine of separation of powers,

THE SENATE OF CALAVERDE RESOLVES to enact the following framework to establish a judicial system.

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§1 - Definitions

Arbitral tribunal is defined as a government-levied judicial body granted the power to administer judgment over civil matters.
Criminal tribunal is defined as a government-levied judicial body granted the power to administer judgment over criminal matters.
Court is defined as a government-levied judicial body granted the power to administer judgment over civil and criminal matters.
Lower court is defined as any court with usual jurisdiction exclusively over a clearly-defined geographic entity smaller than the entirety of the nation.
Superior court is defined as any court with usual jurisdiction over the entirety of the nation.
Court of final instance is defined as any court from which a decision cannot be further appealed and whose set precedents overrule all others on the matter.
Universal jurisdiction is defined as the power to enforce national and international law over overseas nationals and non-nationals pursuant to the greater good of international security and order ("erga omnes"), notwithstanding jurisdictional arbitrage or locale in which the offence was committed.
Tribunal shall be considered synonymous to court for the purposes of this act and any further amendments to this act.

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§2 - Ordinance of the Courts and Tribunals Service
(1)

The Courts and Tribunals Service is hereby ordained as an executive department of the national government.
a) It shall be under the jurisdictional purview of the Ministry of Justice, which is required to provide adequate administration and funding to the service in order to maintain an acceptable degree of operation.
b) It shall be headed by a Director, who shall be appointed by the Minister of Justice and confirmed by a simple majority of all superior court judges
c) The Director shall serve a single four year term and will then be required to be reconfirmed by the judges to renew their term.
d) The Director may be removed before the end of the term for the following reasons:
i) Incapability to correctly discharge duties resulting from problem, injury, or death
ii) Resignation tended to the Minister of Justice and accepted
iii) Termination by the Minister of Justice for maladministration or incompetence in the face of duty

(2)

a) The Courts and Tribunals Service shall administer all courts and tribunals in the nation unless explicitly specified otherwise.
b) The Courts and Tribunals Service shall be responsible for the maintenance and construction of all courthouses and court-related establishments, but may contract the responsibility to private corporations or other government departments at its discretion.
c) The payment of the salaries of judges, clerks and other court employees falling under the purview of the Courts and Tribunals Service shall be disseminated through the Courts and Tribunals Service.

(3)

a) The Courts and Tribunals Service shall have no law enforcement or prisoner detainment power of its own, but it may request law enforcement agencies to establish and operate holding cells on Courts and Tribunals Service property and to ensure the security and sanctity of judicial property and persons of interest.
b) The Courts and Tribunals Service shall have the power of subpoena and of warrant, to be executed by judges operating within the restrictions of the law. The warrants are as follows:
i) Warrant for arrest and detention
ii) Warrant for home arrest between specific hours
iii) Warrant for search and confiscation of private property pursuant to an active investigation
iv) Warrant for the banning of the entry of the subject in question to a specific location
v) Warrant for the mandatory check-in of the subject in question to a police station at specific hours
vi) Warrant for the authorisation of wiretapping or espionage against a subject in question

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§3 - Court Hierarchy
(1)

a) The following superior courts are established and shall sit in the national capital:
i) The Supreme Court of Calaverde
ii) The High Court of Appeals of Calaverde
b) The following lower courts are to be established in every metropolitan area as designated by census authorities with a population superior to 250,000.
i) The Regional Court of (x), (x) being a variable representing the name of the metropolitan area
ii) The Lower Tribunal of (x), (x) being a variable representing the name of the metropolitan area
c) All courts are under the jurisdiction and administration of the Courts and Tribunals Service.

(2)

The following powers and responsibilities are afforded to the Supreme Court of Calaverde:
a) The Supreme Court is the court of final instance for all cases unless specified otherwise, and be the court of both first and final instance for statutory interpretation and reference cases relating to national law.
b) The Supreme Court shall consist of 5 judges, out of which one shall be elected by their peers as head justice of the court. [OOC: 5 admins, head admin = chief justice, admins may defer their role to others at their own discretion].
c) The Supreme Court shall rule by simple majority, and must provide detailed justification for its rulings in the form of one or several majority opinions filed with the clerk. The dissenting court bench may also file one or several dissenting opinions. If none of the opinions are signed by a simple majority of the judges on the court, no precedent is set.
d) Any ruling of the Supreme Court shall set precedent overruled only by national primary legislation, and shall be binding upon all lower courts and the High Court of Appeal until the moment it is overturned or replaced by a later Supreme Court ruling, either explicitly or by implication.
e) The Supreme Court hears cases appealed from the High Court of Appeals, but may decline to hear such an appeal if it believes that the lower court has come to a satisfactory decision or if hearing the case is not in the national public interest.
f) The Supreme Court has three options when ruling on an appeal, namely:
i) UPHOLDING the ruling of the lower court, but altering the sentence remains an option
ii) STRIKING DOWN the ruling of the lower court and return a different ruling
iii) DECLINING TO RULE due to procedural mistakes committed in the prior trial and REMANDING the case back to the High Court of Appeals
g) The Supreme Court has the power to issue an indefinite stay of proceedings on cases heard by lower courts and the High Court of Appeals and on rulings issued by them until an appeal can be heard and/or dismissed by a superior court.

(3)

The following powers and responsibilities are afforded to the High Court of Appeal of Calaverde:
a) The High Court of Appeal is the court of final instance for all criminal offences first heard before a municipal Lower Tribunal, and be the court of both first and final instance for statutory interpretation and reference cases relating to sub-national law.
b) The High Court of Appeal shall consist of one or more rotating panels of 3 judges, out of which one shall be elected by their peers as head justice of the panel. [OOC: 3 admins, one of them = head of panel, admins may defer their role to others at their own discretion].
c) The High Court of Appeal shall rule by simple majority, and must provide detailed justification for its rulings in the form of one or several majority opinions filed with the clerk. The dissenting court bench may also file one or several dissenting opinions. If none of the opinions are signed by a simple majority of the judges on the panel, no precedent is set.
d) Any ruling of the High Court of Appeal shall set precedent overruled only by national primary legislation and precedents set by the Supreme Court, and shall be binding upon all lower courts until the moment it is overturned or replaced by a later High Court of Appeal or Supreme Court ruling, either explicitly or by implication.
e) The High Court of Appeal hears cases appealed from all Regional Courts.
f) The High Court of Appeal has three options when ruling on an appeal, namely:
i) UPHOLDING the ruling of the lower court, but altering the sentence remains an option
ii) STRIKING DOWN the ruling of the lower court and return a different ruling
iii) DECLINING TO RULE due to procedural mistakes committed in the prior trial and REMANDING the case back to the respective Regional Court
g) The High Court of Appeal has the power to issue an indefinite stay of proceedings on cases heard by lower courts and on rulings issued by them until an appeal can be heard and/or dismissed by a superior court.

(4)

The following powers and responsibilities are afforded to the Regional Courts:
a) The Regional Courts are the court of first instance for all criminal offences that carry a maximum sentence higher than 5 years in prison and/or a $20,000 fine.
b) The Regional Courts shall consist of several judges, out of which one, and no more than one, shall be assigned to an individual case. [OOC: anyone that wants the job, admin or not].
c) The judge of a Regional Court assigned to a case must provide detailed justification for their ruling in the form of one opinion.
d) Any ruling of a Regional Court shall set precedent for that specific court and exclusively that court, and shall be binding upon no one but itself, and is overruled by any national or sub-national primary or secondary legislation and all active precedents set by superior courts.
e) The Regional Courts hear cases appealed from all Lower Tribunals.
f) The High Court of Appeal has two options when ruling on an appeal, namely:
i) UPHOLDING the ruling of the lower court, but altering the sentence remains an option
ii) STRIKING DOWN the ruling of the lower court and return a different ruling

(5)

The following powers and responsibilities are afforded to the Lower Tribunals:
a) The Lower Tribunals are the court of first instance for all criminal offences that carry a maximum sentence lower than or equal to 5 years in prison and/or a $20,000 fine.
b) The Lower Tribunals shall consist of several judges, out of which one, and no more than one, shall be assigned to an individual case. [OOC: anyone that wants the job, admin or not].
c) The judge of a Lower Tribunals assigned to a case must provide detailed justification for their ruling in the form of one opinion.
d) Any ruling of a Lower Tribunals shall set precedent for that specific court and exclusively that court, and shall be binding upon no one but itself, and is overruled by any national or sub-national primary or secondary legislation and all active precedents set by superior courts, but not precedents by Regional Courts.

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§4 - Appointment of Judges
(1)

Judges are members of the civil service and their hiring is managed by the Independent Juror Selection Board, consisting of 4 judges selected by the national judges' trade union as recognised by the Ministry of Justice, 4 qualified lawyers selected by the bar association as recognised by the Ministry of Justice, 1 duty counsel appointed by the Director of the Duty Counsel Service and 1 procurator appointed by the Procurator-General, and must meet the following requirements:
a) Be in possession of a law degree or equivalent granted by a legitimate university or other institute of higher education, domestic or otherwise
b) Be accredited as a member of the national bar association as recognised by the Ministry of Justice
c) Have served as a lawyer in Calaverde for at least 10 years
d) Be able to fluently speak all official languages of Calaverde
e) Swear the following oath on taking office: I, [name], swear that I will administer justice without bias or discrimination, and that I will uphold the values and laws of the Republic of Calaverde. So help me God (second sentence is optional).

(2)

a) A lower judge may be removed from office in the following manners:
i) Incapability to correctly discharge duties resulting from problem, injury, or death
ii) Resignation tended to the Director of the Courts and Tribunals Service and accepted
iii) Termination by the Director of the Courts and Tribunals Service for maladministration or incompetence in the face of duty
iv) Termination by the Minister of Justice after being convicted of a Section 16 offence under the National Judiciary Act or the offence of misconduct in a public office under the Police Establishment and Powers Act
b) A superior judge may be removed from office in the following manners:
i) Incapability to correctly discharge duties resulting from problem, injury, or death
ii) Resignation tended to the Minister of Justice and accepted
iii) Termination by the Minister of Justice after being convicted of a Section 16 offence under the National Judiciary Act or the offence of misconduct in a public office under the Police Establishment and Powers Act

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(1)

These rules govern the procedure in all civil actions and proceedings in the courts of Calaverde. They shall be administered to secure the just determination of every action and proceeding.
a) It is the burden of the plaintiff to evidence that they have a legitimate claim.
b) The suit is filed beginning with the pleadings, which shall be adhere to the system and nomenclature of notice pleadings. The first pleading is the complaint, filed by the plaintiff — momentarily, the petitioner.

• The complaint must include the following elements.
• Heading — name and credentials of the petitioner.
• Jurisdiction and Venue
• Parties — the parties in the case, labelled plaintiff and defendant.
• Definitions — in case of strange words.
• Statement of Fact
• Cause of Action — cites case law and former precedents, making a numbered list of the counts or allegations.
• Injury — explains how the actions of the defendants harmed the petitioner's rights.
• Demand of Relief — demands relief, requesting judicial remedies.

c) The defendant, momentarily the respondent, issues the next pleading, the answer. This contains a response to the complaint, and may or may not include a counterclaim.
d) Should a counterclaim be filed, the petitioner may send a reply, responding to the answer and the counterclaim.
e) After the answer is filed, a judge shall be assigned to the case.
f) Either party may file a motion to the judge, whom sustains or overrules. These motions should include an argument for them and are as follows.

• Motion to Discover — opens a period of "discovery" to be set by the judge, in which evidence is reviewed and discussed by both parties pre-trial.
• Motion to Dismiss — drops the case and charges on legal grounds.
• Motion for a Summary Judgement — requests the judge to rule based on available evidence.

g) An initial status conference is held, in which the length of discovery and date of trial are determined.
h) Depositions and interrogatories are entered, parties prepare for trial and evidence is requested.
i) An issues conference is held, in which stipulations are made.

(2)

Trial procedure shall be as chronologically follows:

• The judge declares the court in order.
• The plaintiff makes their opening statement.
• The defence may or may not opt to provide their opening statement.
• Evidence is presented by the plaintiff.
• The plaintiff examines their first witness.
• The defence cross-examines this witness.
• This process continues for all of the plaintiff's witnesses.
• Any relevant motions are made and judged.
• Evidence is presented by the defence.
• The defence examines their first witness.
• The plaintiff cross-examines this witness.
• This process continues for all of the defence's witnesses.
• Final motions are made and judged.
• The plaintiff makes their closing argument.
• The defence makes their closing argument.
• The plaintiff may or may not opt to make a rebuttal.
• The judge considers the arguments and evidence, then presents the verdict.
• Post-verdict motions are made.
• The judge makes their judgement on the case.

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§6 - Criminal Trial Procedure
(1)

These rules govern the procedure in all civil actions and proceedings in the courts of Calaverde. They shall be administered to secure the just determination of every action and proceeding. Procedure shall be as follows:

• It is the burden of the prosecution to evidence that the defendant is guilty.
• The suspect is arrested.
• The defendant appears at an arraignment, in which they are read the charges and their rights. The judge decides on a bail.
• The parties may at this point discuss the case, particularly regarding potential plea bargaining.
• The defendant appears at their preliminary hearing. The prosecution attempts to prove to the judge that there is probable cause for the suspect's guilt. The Court hears how the defendant pleas and the trial is scheduled; or, the sentencing is scheduled if the defendant pleas guilty; or, the charges are dropped if the judge declines to see probable cause.
• When the trial begins, the judge declares the court in order.
• The prosecution makes their opening statement.
• The defence may or may not opt to make their opening statement.
• Evidence is presented by the prosecution.
• The prosecution examines their first witness.
• The defence cross-examines this witness.
• This process continues for all of the prosecution's witnesses.
• Any relevant motions are made and judged.
• Evidence is presented by the defence.
• The defence examines their first witness.
• The prosecution cross-examines this witness.
• This process continues for all of the defence's witnesses.
• Final motions are made and judged.
• The prosecution makes their closing argument.
• The defence makes their closing argument.
• The prosecution may or may not opt to make a rebuttal.
• The judge considers the arguments and evidence presented.
• The judge presents the verdict.
• Post-verdict motions are made.
• If the defendant is found guilty, the sentencing is scheduled.
• The judge determines a sentence for the criminal.

(2)

Bail, defined as the temporary release from prison prior to a trial, shall be administered in this manner:
a) All persons accused of a violent offence, defined for the exclusive purposes of this act as an offence either involving tangible and physical harm to another person, or involving a weapon, shall not be granted bail under any circumstance.
b) A court shall not grant bail to a person proven to have a high risk of fleeing the court's jurisdiction, if the offence they are accused of has the possibility of a prison sentence above 6 months or a fine/repayment superior or equal to $4,000, or to an individual at imminent risk of assassination or grievous bodily harm if they were to be released.
c) Other offenders are allowed to be granted bail by the court.
d) The court shall require some form of leverage or property to be deposited with it, proportional in value to the severity of the committed offence(s), in order to deter escape from its jurisdiction.
e) The court may order the person to check in with police or other judicial authorities while released on bail, and/or may order the police to provide a guard for the individual if they are considered:
i) A significant flight risk whose departure would prevent justice being done in a case that has the possibility of a prison sentence above 6 months or a fine/repayment superior or equal to $4,000.
ii) At risk of bodily harm or assassination by vigilantes, insurgents and other terrorists.

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§7 - Administrative Courts
(1)

All administrative courts, defined as non-legislative executive and judicial bodies that impose punitive measures or attempt to order the national government to commit an act against its will, that are not superior courts, shall be answerable to the judiciary, with the following criteria:
a) Any ruling by an administrative court may be appealed to the High Court of Appeal and then to the Supreme Court.
i) Either court may refuse to hear the case if it is deemed frivolous or otherwise has no legal importance or standing in terms of statutory and common law.
b) No administrative court shall impose punitive measures regarding imprisonment or detention, which shall be the exclusive purview of the judiciary and police services.
c) The superior courts may issue an emergency stay blocking the enforcement of the administrative court's decision until it can be properly examined by an actual tribunal of law.

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§8 - Customary Law of the Nations
(1)

The judicial system of Calaverde is to be based on the customary law of the land, which shall be interpreted to include:
a) The customary law of England, starting from time immemorial and up to the establishment of responsible government in Calaverde
b) Precedents and custom established by the courts, tribunals and conventions of Calaverde
i) All lower courts are bound by precedent set by superior courts.
ii) The High Court of Appeal is bound by precedent set by the Supreme Court of Calaverde.
iii) Courts may overrule precedents that they themselves have previously set, or precedent set by courts of their equal level in the judicial hierarchy.
c) The customary law of the nations (i.e. customary international law)

(2)

a) The statutory law of Calaverde takes precedence over the customary law of the land.
b) Precedents and custom established by the courts, tribunals and conventions of Calaverde take precedence over those of England.
c) If the court reasonably interprets established customary convention or precedent to be desuetude, it is not bound to follow it and may instead declare it to be null and void by inference.

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§9 - Statutory Interpretation
(1)

Superior courts of Calaverde shall have the power of statutory interpretation, namely the power to interpret perceived ambiguities in legislation, or conflicted sources of legislation, which shall be based on the following factors, in weighed order of importance for consideration by courts and tribunals:
a) The text of the law(s) in question, taken literally and with relevant context
b) The intent and context of the author(s) in writing the text of the law(s) in question, insofar as the intent is determined to be reasonable in the eyes of the court
c) The constitutional and legal relevance of the law(s) in question
d) The likely inferred or implied meanings of the law(s)
e) The date of enactment of the law(s) in question
i) The doctrine of lex posterior derogat priori is to be assumed unless the older law is of constitutional relevance and the newer one is not, in which case the former would hold superiority.
ii) Derogation may be used by the court instead of repeal in such a case.
f) The most sane and rational intent behind the law insofar as to not be insane or illogical

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§10 - Reference Questions
(1)

a) National and sub-national government bodies may petition their respective superior court to set a legal precedent or give a legal opinion on an issue pertaining to the government's agenda.
b) Such a decision shall be bound by the same rules pertaining to the establishment of precedent as normal cases.
c) Such a decision may not be appealed, but may be overridden by later statutory law.

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§11 - Judicial Review
(1)

Calaverdean courts have the power of judicial review:
a) The Supreme Court of Calaverde shall have the exclusive power of judicial review in Calaverde.
b) It shall have the power to revoke of parts of all of statutory law for the following reasons:
i) The parts or whole of the law in question has become desuetude.
ii) The parts or whole of the law in question contradicts constitutional documents or other statutes with elevated legal importance.
iii) The parts or whole of the law in question contradicts the principles of responsible government, namely peace, order and good government.
iv) The parts or whole of the law in question contradicts common law precedents of constitutional importance.
c) Such a decision cannot be appealed and may set precedent.
d) The rules for setting precedent remains as codified by Section 3.2d of the National Judiciary Act.
e) Revoked laws or sections of laws are considered to be null and void.

(2)

a) The Supreme Court of Calaverde may alternatively order the Senate to amend a law to not violate clauses 11.1b-i to 11.1b-iii, instead of revoking it.
b) The Senate is mandated to comply under threat of committing the criminal offences of contempt of court and obstruction of justice.
c) The court shall allow the Senate a reasonable period of time to comply, reasonable defined for the purposes of this section as between one (1) and twenty-four (24) months.

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§12 - Ordinance of the National Procuratorate and of the Office of the Procurator-General
(1)

The National Procuratorate is hereby ordained as an executive department of the national government.
a) It shall be under the jurisdictional purview of the Ministry of Justice, which is required to provide adequate administration and funding to the service in order to maintain an acceptable degree of operation.
b) It shall be headed by a Procurator-General, who shall be appointed by the Minister of Justice, and be an existing state procurator.
c) The Procurator-General shall serve at the Minister's pleasure, and may be removed at any time by the Minister.
d) The Procurator-General shall maintain an Office of the Procurator-General, responsible for logistical coordination of the National Procuratorate.

(2)

a) The National Procuratorate shall be responsible for prosecuting all criminal cases and defending the state's position in judicial review, statutory interpretation and reference cases unless explicitly specified otherwise.
b) The National Procuratorate shall consist of persons that meet the following requirements:
i) Be in possession of a law degree or equivalent granted by a legitimate university or other institute of higher education, domestic or otherwise
ii) Be accredited as a member of the national bar association as recognised by the Ministry of Justice
iii) Be able to fluently speak an official language of Calaverde
iv) Swear the following oath on taking office: I, [name], swear that I will pursue justice without bias or discrimination, and that I will uphold the values and laws of the Republic of Calaverde. So help me God (second sentence is optional).
c) The payment of the salaries of procurators falling under the purview of the National Procuratorate shall be disseminated through the Office of the Procurator-General.

(3)

a) The National Procuratorate and Office of the Procurator-General shall have no law enforcement or prisoner detainment power of their own, but they may request law enforcement agencies to act upon warrants authorised by the former agencies.
b) The National Procuratorate shall have the power of warrant, to be executed by the Courts and Tribunals Service operating within the restrictions of the law. The warrants it may issue are as follows:
i) Warrant for arrest and detention
ii) Warrant for home arrest between specific hours
iii) Warrant for search and confiscation of private property pursuant to an active investigation
iv) Warrant for the banning of the entry of the subject in question to a specific location
v) Warrant for the mandatory check-in of the subject in question to a police station at specific hours
vi) Warrant for the authorisation of wiretapping or espionage against a subject in question

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§13 - Ordinance of the Duty Counsel Service
(1)

The Duty Counsel Service is hereby ordained as an executive department of the national government.
a) It shall be under the jurisdictional purview of the Ministry of Justice, which is required to provide adequate administration and funding to the service in order to maintain an acceptable degree of operation.
b) It shall be headed by a Director of the Duty Counsel Service, who shall be appointed by the Minister of Justice, and be an existing member of the Duty Counsel Service.
c) The Director shall serve at the Minister's pleasure, and may be removed at any time by the Minister.
d) The Director shall maintain an Office of the Director of the Duty Counsel Service, responsible for logistical coordination of the National Procuratorate.

(2)

a) The Duty Counsel Service shall be responsible for providing free legal aid to defendants in all criminal cases unless explicitly specified otherwise.
b) The Duty Counsel Service shall consist of persons that meet the following requirements:
i) Be in possession of a law degree or equivalent granted by a legitimate university or other institute of higher education, domestic or otherwise
ii) Be accredited as a member of the national bar association as recognised by the Ministry of Justice
iii) Be able to fluently speak an official language of Calaverde
iv) Swear the following oath on taking office: I, [name], swear that I will pursue justice without bias or discrimination, and that I will uphold the values and laws of the Republic of Calaverde. So help me God (second sentence is optional).
c) The payment of the salaries of members of the Duty Counsel Service shall be disseminated through the Office of the Director of the Duty Counsel Service.

(3)

a) The Duty Counsel Service shall have no law enforcement or prisoner detainment power.

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§14 - Ordinance of the Office of the National Public Advocate
(1)

The Office of the National Public Advocate is hereby ordained as an executive department of the national government.
a) It shall be under the jurisdictional purview of the Ministry of Justice, which is required to provide adequate administration and funding to the service in order to maintain an acceptable degree of operation; however the Ministry shall not attempt to influence it or pervert its fairness or neutrality.
b) It shall be headed by a National Public Advocate, who shall be appointed by the Minister of Justice and be a person qualified as a judge in Calaverde.
c) The National Public Advocate shall serve a single four year term and will then be required to be reappointed by the Minister of Justice for another term.
d) The National Public Advocate may be removed before the end of the term for the following reasons:
i) Incapability to correctly discharge duties resulting from problem, injury, or death
ii) Resignation tended to the Minister of Justice and accepted
iii) Impeachment by the Supreme Court for maladministration or incompetence in the face of duty

(2)

a) The Office of the National Public Advocate shall be responsible for investigating claims of civil rights violations and maladministration against the national government.
b) The Office of the National Public Advocate shall maintain a staff as large as may be necessary to fulfill its mandate reasonably.

(3)

a) The Office of the National Public Advocate shall have no law enforcement, prosecution or prisoner detainment power, but may mandate the police to enforce warrants obtained from the National Procuratorate.
b) The Office of the National Public Advocate shall have the power of subpoena.
c) The National Public Advocate may order the National Procuratorate to pursue criminal charges against individuals and to issue warrants for persons of interest.

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§15 - Universal Jurisdiction
(1)

a) The Ministry of Justice is authorised to unilaterally deport all individuals indicted by the International Criminal Court or other United Nations-sanctioned international tribunal to the Netherlands or any other nation authorised by the ICC or other aforementioned tribunal to detain such individials, without hearing nor appeal.
b) Domestic courts are authorised to issue indictments for any and all individuals that violate international criminal statutes to which the Republic of Calaverde is a party, notwithstanding the location in which it was committed.
i) Domestic courts have jurisdiction over all war crimes and crimes against humanity committed in the known universe.
c) Because war crimes legislation is customary international law and war criminals are enemies of mankind and deserve no safe haven from justice, the ex post facto prosecution of war criminals and criminals against humanity whose acts were committed after 4 September 1900, the date of entry of the First Hague Convention, is authorised.

---

§16 - Offences Against Justice
(1)

The following as listed are offences that impede or otherwise attempt to pervert the proper administration of justice:
a) PERJURY is defined as lying or misleading, or attempting to do either act, under sworn oath before a court or tribunal, in a way that may affect the result of a case. Anyone that commits perjury is liable to imprisonment for a term not exceeding fifteen (15) years.
b) OBSTRUCTION OF JUSTICE is defined as obstructing or hindering the work of law enforcement, prosecutors, government regulators and the court. Anyone that commits obstruction of justice is liable to imprisonment for a term not exceeding twelve (12) years.
c) PERVERTING THE COURSE OF JUSTICE is defined as fabricating, tampering with, or knowingly destroying evidence, threatening explicitly or implicitly judges, court clerks and other legal officials, or attempting to commit the aforementioned acts. Anyone that commits the offence of perverting the course of justice is liable to imprisonment for a term not exceeding twenty-five (25) years.
i) It is not an offence for a suspect to mislead or lie to police or judicial authorities during an interrogation or questioning.
d) MISPRISION OF OFFENCE is defined as failing to report an offence under Calaverdean law that one is aware to have occurred. Anyone that commits the offence of misprision of offence is liable to imprisonment for a term not exceeding seven (7) years.
i) The suspect(s) cannot be charged with concealing their own offence.
e) COMPOUNDING OF OFFENCE is defined as attempting to bribe or otherwise corrupt a prosecutor or victim into dropping charges or hindering prosecution in a way unsanctioned by the court. Anyone that commits the offence of compounding of offence is liable to imprisonment for a term not exceeding sixteen (16) years.
f) CONTEMPT OF COURT is defined as being disobedient or disrespectful against an officer or order of the court. Anyone that commits the offence of contempt of court is liable to imprisonment for a term not exceeding sixteen (16) months and/or a fine of $25,000.
g) FAILURE TO APPEAR is defined as violating the conditions of bail, violating a judicial order to check in at a specific location, or any other judicial order mandating a suspect to report to authorities. Anyone that commits the offence of failure to appear is liable to imprisonment for a term not exceeding two (2) years and/or a fine of $50,000.

[Calimera II]

''This bill is utterly nonsensical. I think you are unaware of the fact that I have submitted two bills to the queue already. I am against legalization of marihuana, and this bill will only increase insecurity due to the fact that it only legalizes marihuana and doesn't control it.''

"Two bills that would not do what you are complaining about, my friend. Drafting a simple bill to regulate the drug is not impossible."

''I am against this bill for two reasons: Marihuana is bad for the health of our people. Secondly, this bill doesn't regulate the cannabis market whatsoever. This bill mustn't pass.''

[Lykens]

"Two bills that would not do what you are complaining about, my friend. Drafting a simple bill to regulate the drug is not impossible."

''I am against this bill for two reasons: Marihuana is bad for the health of our people. Secondly, this bill doesn't regulate the cannabis market whatsoever. This bill mustn't pass.''

"Then we might as well ban alcohol, tobacco, automobiles, and anything sharp, am I correct, Senator? You are one hundred percent correct. This bill does not regulate the cannabis market. We must draft a bill to do so, if you are incapable of understanding this, I ask you, my honorable friend, why are you a legislator?"

[Ainin]

This is the BBCode version of the bill three posts up. It wouldn't fit in the post because it clocked 75,000 chars (maximum is 60k).

Code: Select all

[box][hr][/hr][align=center][size=150][b]National Judiciary Act[/b][/size]
| Author: Senators Desjardins (Ainin) and Njil (The New World Oceania) |
| Sponsors: Senators Kourie (Kouralia), O'Hara (Beta Test), Diaz (Lykens), Rochefort (Soviet Canuckistan), Johnson (The Nihilistic view), and Bustamante (Maklohi Vai) |

An Act to form a fair and impartial civil, criminal and administrative judicial system and to establish a basic judicial code for the proper administration of justice and the well functioning of government and state; and for connected purposes.[/align]
[hr][/hr]
[size=120]Preamble[/size]
[b]WHEREAS[/b] a fair and equal system of justice is the epitomic symbol of modern civilisation,

[b]WHEREAS[/b] the Government and Senate of Calaverde acknowledge that such a system is the cherished foundation of an effective and just government and state,

[b]WHEREAS[/b] the judiciary must be representative of all peoples in Calaverde and offer fair trials to all, notwithstanding any financial, physical or mental disadvantage,

[b]WHEREAS[/b] the Senate of Calaverde further recognises that a strong and independent judiciary is a key role in keeping executive and legislative power in check under the doctrine of separation of powers,

[b]THE SENATE OF CALAVERDE RESOLVES[/b] to enact the following framework to establish a judicial system.
[hr][/hr]
[size=120]§1 - Definitions[/size]
[blocktext][b]Arbitral tribunal[/b] is defined as a government-levied judicial body granted the power to administer judgment over civil matters.
[b]Criminal tribunal[/b] is defined as a government-levied judicial body granted the power to administer judgment over criminal matters.
[b]Court[/b] is defined as a government-levied judicial body granted the power to administer judgment over civil and criminal matters.
[b]Lower court[/b] is defined as any court with usual jurisdiction exclusively over a clearly-defined geographic entity smaller than the entirety of the nation.
[b]Superior court[/b] is defined as any court with usual jurisdiction over the entirety of the nation.
[b]Court of final instance[/b] is defined as any court from which a decision cannot be further appealed and whose set precedents overrule all others on the matter.
[b]Universal jurisdiction[/b] is defined as the power to enforce national and international law over overseas nationals and non-nationals pursuant to the greater good of international security and order ("[i]erga omnes[/i]"), notwithstanding jurisdictional arbitrage or locale in which the offence was committed.
[b]Tribunal[/b] shall be considered synonymous to court for the purposes of this act and any further amendments to this act.[/blocktext]
[hr][/hr]
[size=120]§2 - Ordinance of the Courts and Tribunals Service[/size]
(1)
[blocktext]The Courts and Tribunals Service is hereby ordained as an executive department of the national government.
[b]a)[/b] It shall be under the jurisdictional purview of the Ministry of Justice, which is required to provide adequate administration and funding to the service in order to maintain an acceptable degree of operation.
[b]b)[/b] It shall be headed by a Director, who shall be appointed by the Minister of Justice and confirmed by a simple majority of all superior court judges
[b]c)[/b] The Director shall serve a single four year term and will then be required to be reconfirmed by the judges to renew their term.
[b]d)[/b] The Director may be removed before the end of the term for the following reasons:
[tab=20][/tab]i) Incapability to correctly discharge duties resulting from problem, injury, or death
[tab=20][/tab]ii) Resignation tended to the Minister of Justice and accepted
[tab=20][/tab]iii) Termination by the Minister of Justice for maladministration or incompetence in the face of duty[/blocktext](2)
[blocktext][b]a)[/b] The Courts and Tribunals Service shall administer all courts and tribunals in the nation unless explicitly specified otherwise.
b) The Courts and Tribunals Service shall be responsible for the maintenance and construction of all courthouses and court-related establishments, but may contract the responsibility to private corporations or other government departments at its discretion.
c) The payment of the salaries of judges, clerks and other court employees falling under the purview of the Courts and Tribunals Service shall be disseminated through the Courts and Tribunals Service.[/blocktext](3)
[blocktext]a) The Courts and Tribunals Service shall have no law enforcement or prisoner detainment power of its own, but it may request law enforcement agencies to establish and operate holding cells on Courts and Tribunals Service property and to ensure the security and sanctity of judicial property and persons of interest.
b) The Courts and Tribunals Service shall have the power of subpoena and of warrant, to be executed by judges operating within the restrictions of the law. The warrants are as follows:
[tab=20][/tab][b]i)[/b] Warrant for arrest and detention
[tab=20][/tab][b]ii)[/b] Warrant for home arrest between specific hours
[tab=20][/tab][b]iii)[/b] Warrant for search and confiscation of private property pursuant to an active investigation
[tab=20][/tab][b]iv)[/b] Warrant for the banning of the entry of the subject in question to a specific location
[tab=20][/tab][b]v)[/b] Warrant for the mandatory check-in of the subject in question to a police station at specific hours
[tab=20][/tab][b]vi)[/b] Warrant for the authorisation of wiretapping or espionage against a subject in question[/blocktext]
[hr][/hr]
[size=120]§3 - Court Hierarchy[/size]
(1)
[blocktext][b]a)[/b] The following superior courts are established and shall sit in the national capital:
[tab=20][/tab][b]i)[/b] The Supreme Court of Calaverde
[tab=20][/tab][b]ii)[/b] The High Court of Appeals of Calaverde
[b]b)[/b] The following lower courts are to be established in every metropolitan area as designated by census authorities with a population superior to 250,000.
[tab=20][/tab][b]i)[/b] The Regional Court of (x), (x) being a variable representing the name of the metropolitan area
[tab=20][/tab][b]ii)[/b] The Lower Tribunal of (x), (x) being a variable representing the name of the metropolitan area
[b]c)[/b] All courts are under the jurisdiction and administration of the Courts and Tribunals Service.[/blocktext](2)
[blocktext]The following powers and responsibilities are afforded to the Supreme Court of Calaverde:
[b]a)[/b] The Supreme Court is the court of final instance for all cases unless specified otherwise, and be the court of both first and final instance for statutory interpretation and reference cases relating to national law.
[b]b)[/b] The Supreme Court shall consist of 5 judges, out of which one shall be elected by their peers as head justice of the court. [i][OOC: 5 admins, head admin = chief justice][/i].
[b]c)[/b] The Supreme Court shall rule by simple majority, and must provide detailed justification for its rulings in the form of one or several majority opinions filed with the clerk. The dissenting court bench may also file one or several dissenting opinions. If none of the opinions are signed by a simple majority of the judges on the court, no precedent is set.
[b]d)[/b] Any ruling of the Supreme Court shall set precedent overruled only by national primary legislation, and shall be binding upon all lower courts and the High Court of Appeal until the moment it is overturned or replaced by a later Supreme Court ruling, either explicitly or by implication.
[b]e)[/b] The Supreme Court hears cases appealed from the High Court of Appeals, but may decline to hear such an appeal if it believes that the lower court has come to a satisfactory decision or if hearing the case is not in the national public interest.
[b]f)[/b] The Supreme Court has three options when ruling on an appeal, namely:
[tab=20][/tab][b]i)[/b] UPHOLDING the ruling of the lower court, but altering the sentence remains an option
[tab=20][/tab][b]ii)[/b] STRIKING DOWN the ruling of the lower court and return a different ruling
[tab=20][/tab][b]iii)[/b] DECLINING TO RULE due to procedural mistakes committed in the prior trial and REMANDING the case back to the High Court of Appeals
[b]g)[/b] The Supreme Court has the power to issue an indefinite stay of proceedings on cases heard by lower courts and the High Court of Appeals and on rulings issued by them until an appeal can be heard and/or dismissed by a superior court.[/blocktext](3)
[blocktext]The following powers and responsibilities are afforded to the High Court of Appeal of Calaverde:
[b]a)[/b] The High Court of Appeal is the court of final instance for all criminal offences first heard before a municipal Lower Tribunal, and be the court of both first and final instance for statutory interpretation and reference cases relating to sub-national law.
[b]b)[/b] The High Court of Appeal shall consist of one or more rotating panels of 3 judges, out of which one shall be elected by their peers as head justice of the panel. [i][OOC: 3 admins, one of them = head of panel][/i].
[b]c)[/b] The High Court of Appeal shall rule by simple majority, and must provide detailed justification for its rulings in the form of one or several majority opinions filed with the clerk. The dissenting court bench may also file one or several dissenting opinions. If none of the opinions are signed by a simple majority of the judges on the panel, no precedent is set.
[b]d)[/b] Any ruling of the High Court of Appeal shall set precedent overruled only by national primary legislation and precedents set by the Supreme Court, and shall be binding upon all lower courts until the moment it is overturned or replaced by a later High Court of Appeal or Supreme Court ruling, either explicitly or by implication.
[b]e)[/b] The High Court of Appeal hears cases appealed from all Regional Courts.
[b]f)[/b] The High Court of Appeal has three options when ruling on an appeal, namely:
[tab=20][/tab][b]i)[/b] UPHOLDING the ruling of the lower court, but altering the sentence remains an option
[tab=20][/tab][b]ii)[/b] STRIKING DOWN the ruling of the lower court and return a different ruling
[tab=20][/tab][b]iii)[/b] DECLINING TO RULE due to procedural mistakes committed in the prior trial and REMANDING the case back to the respective Regional Court
[b]g)[/b] The High Court of Appeal has the power to issue an indefinite stay of proceedings on cases heard by lower courts and on rulings issued by them until an appeal can be heard and/or dismissed by a superior court.[/blocktext](4)
[blocktext]The following powers and responsibilities are afforded to the Regional Courts:
[b]a)[/b] The Regional Courts are the court of first instance for all criminal offences that carry a maximum sentence higher than 5 years in prison and/or a $20,000 fine.
[b]b)[/b] The Regional Courts shall consist of several judges, out of which one, and no more than one, shall be assigned to an individual case. [i][OOC:  anyone that wants the job, admin or not][/i].
[b]c)[/b] The judge of a Regional Court assigned to a case must provide detailed justification for their ruling in the form of one opinion.
[b]d)[/b] Any ruling of a Regional Court shall set precedent for that specific court and exclusively that court, and shall be binding upon no one but itself, and is overruled by any national or sub-national primary or secondary legislation and all active precedents set by superior courts.
[b]e)[/b] The Regional Courts hear cases appealed from all Lower Tribunals.
[b]f)[/b] The High Court of Appeal has two options when ruling on an appeal, namely:
[tab=20][/tab][b]i)[/b] UPHOLDING the ruling of the lower court, but altering the sentence remains an option
[tab=20][/tab][b]ii)[/b] STRIKING DOWN the ruling of the lower court and return a different ruling[/blocktext](5)
[blocktext]The following powers and responsibilities are afforded to the Lower Tribunals:
[b]a)[/b] The Lower Tribunals are the court of first instance for all criminal offences that carry a maximum sentence lower than or equal to 5 years in prison and/or a $20,000 fine.
[b]b)[/b] The Lower Tribunals shall consist of several judges, out of which one, and no more than one, shall be assigned to an individual case. [i][OOC:  anyone that wants the job, admin or not][/i].
[b]c)[/b] The judge of a Lower Tribunals assigned to a case must provide detailed justification for their ruling in the form of one opinion.
[b]d)[/b] Any ruling of a Lower Tribunals shall set precedent for that specific court and exclusively that court, and shall be binding upon no one but itself, and is overruled by any national or sub-national primary or secondary legislation and all active precedents set by superior courts, but not precedents by Regional Courts.[/blocktext]
[hr][/hr]
[size=120]§4 - Appointment of Judges[/size]
(1)
[blocktext]Judges are members of the civil service and their hiring is managed by the Independent Juror Selection Board, consisting of 4 judges selected by the national judges' trade union as recognised by the Ministry of Justice, 4 qualified lawyers selected by the bar association as recognised by the Ministry of Justice, 1 duty counsel appointed by the Director of the Duty Counsel Service and 1 procurator appointed by the Procurator-General, and must meet the following requirements:
[b]a)[/b] Be in possession of a law degree or equivalent granted by a legitimate university or other institute of higher education, domestic or otherwise
[b]b)[/b] Be accredited as a member of the national bar association as recognised by the Ministry of Justice
[b]c)[/b] Have served as a lawyer in Calaverde for at least 10 years
[b]d)[/b] Be able to fluently speak all official languages of Calaverde
[b]e)[/b] Swear the following oath on taking office: [i]I, [name], swear that I will administer justice without bias or discrimination, and that I will uphold the values and laws of the Republic of Calaverde. So help me God[/i] (second sentence is optional).[/blocktext](2)
[blocktext][b]a)[/b] A lower judge may be removed from office in the following manners:
[tab=20][/tab]i) Incapability to correctly discharge duties resulting from problem, injury, or death
[tab=20][/tab]ii) Resignation tended to the Director of the Courts and Tribunals Service and accepted
[tab=20][/tab]iii) Termination by the Director of the Courts and Tribunals Service for maladministration or incompetence in the face of duty
[tab=20][/tab]iv) Termination by the Minister of Justice after being convicted of a Section 16 offence under the [i]National Judiciary Act[/i] or the offence of misconduct in a public office under the [i]Police Establishment and Powers Act[/i]
b) A superior judge may be removed from office in the following manners:
[tab=20][/tab]i) Incapability to correctly discharge duties resulting from problem, injury, or death
[tab=20][/tab]ii) Resignation tended to the Minister of Justice and accepted
[tab=20][/tab]iii) Termination by the Minister of Justice after being convicted of a Section 16 offence under the [i]National Judiciary Act[/i] or the offence of misconduct in a public office under the [i]Police Establishment and Powers Act[/i][/blocktext]
[hr][/hr]
(1)
[blocktext]These rules govern the procedure in all civil actions and proceedings in the courts of Calaverde. They shall be administered to secure the just determination of every action and proceeding.
[b]a)[/b] It is the burden of the plaintiff to evidence that they have a legitimate claim.
[b]b)[/b] The suit is filed beginning with the pleadings, which shall be adhere to the system and nomenclature of notice pleadings. The first pleading is the complaint, filed by the plaintiff — momentarily, the petitioner.
[list][*]The complaint must include the following elements.
[*]Heading — name and credentials of the petitioner.
[*]Jurisdiction and Venue
[*]Parties — the parties in the case, labelled plaintiff and defendant.
[*]Definitions — in case of strange words.
[*]Statement of Fact
[*]Cause of Action — cites case law and former precedents, making a numbered list of the counts or allegations.
[*]Injury — explains how the actions of the defendants harmed the petitioner's rights.
[*]Demand of Relief — demands relief, requesting judicial remedies.[/list]
[b]c)[/b] The defendant, momentarily the respondent, issues the next pleading, the answer. This contains a response to the complaint, and may or may not include a counterclaim.
[b]d)[/b] Should a counterclaim be filed, the petitioner may send a reply, responding to the answer and the counterclaim.
[b]e)[/b] After the answer is filed, a judge shall be assigned to the case.
[b]f)[/b] Either party may file a motion to the judge, whom sustains or overrules. These motions should include an argument for them and are as follows.
[list][*]Motion to Discover — opens a period of "discovery" to be set by the judge, in which evidence is reviewed and discussed by both parties pre-trial.
[*]Motion to Dismiss — drops the case and charges on legal grounds.
[*]Motion for a Summary Judgement — requests the judge to rule based on available evidence.[/list]
[b]g)[/b] An initial status conference is held, in which the length of discovery and date of trial are determined.
[b]h)[/b] Depositions and interrogatories are entered, parties prepare for trial and evidence is requested.
[b]i)[/b] An issues conference is held, in which stipulations are made.[/blocktext]
(2)
[blocktext]Trial procedure shall be as chronologically follows:
[list][*]The judge declares the court in order.
[*]The plaintiff makes their opening statement.
[*]The defence may or may not opt to provide their opening statement.
[*]Evidence is presented by the plaintiff.
[*]The plaintiff examines their first witness.
[*]The defence cross-examines this witness.
[*]This process continues for all of the plaintiff's witnesses.
[*]Any relevant motions are made and judged.
[*]Evidence is presented by the defence.
[*]The defence examines their first witness.
[*]The plaintiff cross-examines this witness.
[*]This process continues for all of the defence's witnesses.
[*]Final motions are made and judged.
[*]The plaintiff makes their closing argument.
[*]The defence makes their closing argument.
[*]The plaintiff may or may not opt to make a rebuttal.
[*]The judge considers the arguments and evidence, then presents the verdict.
[*]Post-verdict motions are made.
[*]The judge makes their judgement on the case.[/list][/blocktext]
[hr][/hr]
[size=120]§6 - Criminal Trial Procedure[/size]
(1)
[blocktext]These rules govern the procedure in all civil actions and proceedings in the courts of Calaverde. They shall be administered to secure the just determination of every action and proceeding. Procedure shall be as follows:
[list][*]It is the burden of the prosecution to evidence that the defendant is guilty.
[*]The suspect is arrested.
[*]The defendant appears at an arraignment, in which they are read the charges and their rights. The judge decides on a bail.
[*]The parties may at this point discuss the case, particularly regarding potential plea bargaining.
[*]The defendant appears at their preliminary hearing. The prosecution attempts to prove to the judge that there is probable cause for the suspect's guilt. The Court hears how the defendant pleas and the trial is scheduled; or, the sentencing is scheduled if the defendant pleas guilty; or, the charges are dropped if the judge declines to see probable cause.
[*]When the trial begins, the judge declares the court in order.
[*]The prosecution makes their opening statement.
[*]The defence may or may not opt to make their opening statement.
[*]Evidence is presented by the prosecution.
[*]The prosecution examines their first witness.
[*]The defence cross-examines this witness.
[*]This process continues for all of the prosecution's witnesses.
[*]Any relevant motions are made and judged.
[*]Evidence is presented by the defence.
[*]The defence examines their first witness.
[*]The prosecution cross-examines this witness.
[*]This process continues for all of the defence's witnesses.
[*]Final motions are made and judged.
[*]The prosecution makes their closing argument.
[*]The defence makes their closing argument.
[*]The prosecution may or may not opt to make a rebuttal.
[*]The judge considers the arguments and evidence presented.
[*]The judge presents the verdict.
[*]Post-verdict motions are made.
[*]If the defendant is found guilty, the sentencing is scheduled.
[*]The judge determines a sentence for the criminal.[/list][/blocktext]
(2)
[blocktext]Bail, defined as the temporary release from prison prior to a trial, shall be administered in this manner:
[b]a)[/b] All persons accused of a violent offence, defined for the exclusive purposes of this act as an offence either involving tangible and physical harm to another person, or involving a weapon, shall not be granted bail under any circumstance.
[b]b)[/b] A court shall not grant bail to a person proven to have a high risk of fleeing the court's jurisdiction, if the offence they are accused of has the possibility of a prison sentence above 6 months or a fine/repayment superior or equal to $4,000, or to an individual at imminent risk of assassination or grievous bodily harm if they were to be released.
[b]c)[/b] Other offenders are allowed to be granted bail by the court.
[b]d)[/b] The court shall require some form of leverage or property to be deposited with it, proportional in value to the severity of the committed offence(s), in order to deter escape from its jurisdiction.
[b]e)[/b] The court may order the person to check in with police or other judicial authorities while released on bail, and/or may order the police to provide a guard for the individual if they are considered:
[tab=20][/tab][b]i)[/b] A significant flight risk whose departure would prevent justice being done in a case that has the possibility of a prison sentence above 6 months or a fine/repayment superior or equal to $4,000.
[tab=20][/tab][b]ii)[/b] At risk of bodily harm or assassination by vigilantes, insurgents and other terrorists.[/blocktext]
[hr][/hr]
[size=120]§7 - Administrative Courts[/size]
(1)
[blocktext]All administrative courts, defined as non-legislative executive and judicial bodies that impose punitive measures or attempt to order the national government to commit an act against its will, that are not superior courts, shall be answerable to the judiciary, with the following criteria:
[b]a)[/b] Any ruling by an administrative court may be appealed to the High Court of Appeal and then to the Supreme Court.
[tab=20][/tab][b]i)[/b] Either court may refuse to hear the case if it is deemed frivolous or otherwise has no legal importance or standing in terms of statutory and common law.
[b]b)[/b] No administrative court shall impose punitive measures regarding imprisonment or detention, which shall be the exclusive purview of the judiciary and police services.
[b]c)[/b] The superior courts may issue an emergency stay blocking the enforcement of the administrative court's decision until it can be properly examined by an actual tribunal of law.[/blocktext]
[hr][/hr]
[size=120]§8 - Customary Law of the Nations[/size]
(1)
[blocktext]The judicial system of Calaverde is to be based on the customary law of the land, which shall be interpreted to include:
[b]a)[/b] The customary law of England, starting from time immemorial and up to the establishment of responsible government in Calaverde
[b]b)[/b] Precedents and custom established by the courts, tribunals and conventions of Calaverde
[tab=20][/tab][b]i)[/b] All lower courts are bound by precedent set by superior courts.
[tab=20][/tab][b]ii)[/b] The High Court of Appeal is bound by precedent set by the Supreme Court of Calaverde.
[tab=20][/tab][b]iii)[/b] Courts may overrule precedents that they themselves have previously set, or precedent set by courts of their equal level in the judicial hierarchy.
[b]c)[/b] The customary law of the nations (i.e. customary international law)[/blocktext]
(2)
[blocktext][b]a)[/b] The statutory law of Calaverde takes precedence over the customary law of the land.
[b]b)[/b] Precedents and custom established by the courts, tribunals and conventions of Calaverde take precedence over those of England.
[b]c)[/b] If the court reasonably interprets established customary convention or precedent to be desuetude, it is not bound to follow it and may instead declare it to be null and void by inference.[/blocktext]
[hr][/hr]
[size=120]§9 - Statutory Interpretation[/size]
(1)
[blocktext]Superior courts of Calaverde shall have the power of statutory interpretation, namely the power to interpret perceived ambiguities in legislation, or conflicted sources of legislation, which shall be based on the following factors, in weighed order of importance for consideration by courts and tribunals:
[b]a)[/b] The text of the law(s) in question, taken literally and with relevant context
[b]b)[/b] The intent and context of the author(s) in writing the text of the law(s) in question, insofar as the intent is determined to be reasonable in the eyes of the court
[b]c)[/b] The constitutional and legal relevance of the law(s) in question
[b]d)[/b] The likely inferred or implied meanings of the law(s)
[b]e)[/b] The date of enactment of the law(s) in question
[tab=20][/tab][b]i)[/b] The doctrine of [i]lex posterior derogat priori[/i] is to be assumed unless the older law is of constitutional relevance and the newer one is not, in which case the former would hold superiority.
[tab=20][/tab][b]ii)[/b] Derogation may be used by the court instead of repeal in such a case.
[b]f)[/b] The most sane and rational intent behind the law insofar as to not be insane or illogical[/blocktext]
[hr][/hr]
[size=120]§10 - Reference Questions[/size]
(1)
[blocktext][b]a)[/b] National and sub-national government bodies may petition their respective superior court to set a legal precedent or give a legal opinion on an issue pertaining to the government's agenda.
[b]b)[/b] Such a decision shall be bound by the same rules pertaining to the establishment of precedent as normal cases.
[b]c)[/b] Such a decision may not be appealed, but may be overridden by later statutory law.[/blocktext]
[hr][/hr]
[size=120]§11 - Judicial Review[/size]
(1)
[blocktext]Calaverdean courts have the power of judicial review:
[b]a)[/b] The Supreme Court of Calaverde shall have the exclusive power of judicial review in Calaverde.
[b]b)[/b] It shall have the power to revoke of parts of all of statutory law for the following reasons:
[tab=20][/tab][b]i)[/b] The parts or whole of the law in question has become desuetude.
[tab=20][/tab][b]ii)[/b] The parts or whole of the law in question contradicts constitutional documents or other statutes with elevated legal importance.
[tab=20][/tab][b]iii)[/b] The parts or whole of the law in question contradicts the principles of responsible government, namely peace, order and good government.
[tab=20][/tab][b]iv)[/b] The parts or whole of the law in question contradicts common law precedents of constitutional importance.
[b]c)[/b] Such a decision cannot be appealed and may set precedent.
[b]d)[/b] The rules for setting precedent remains as codified by Section 3.2d of the [i]National Judiciary Act[/i].
[b]e)[/b] Revoked laws or sections of laws are considered to be null and void.[/blocktext]
(2)
[blocktext][b]a)[/b] The Supreme Court of Calaverde may alternatively order the Senate to amend a law to not violate clauses 11.1b-i to 11.1b-iii, instead of revoking it.
[b]b)[/b] The Senate is mandated to comply under threat of committing the criminal offences of contempt of court and obstruction of justice.
[b]c)[/b] The court shall allow the Senate a reasonable period of time to comply, reasonable defined for the purposes of this section as between one (1) and twenty-four (24) months.[/blocktext]
[hr][/hr]
[size=120]§12 - Ordinance of the National Procuratorate and of the Office of the Procurator-General[/size]
(1)
[blocktext]The National Procuratorate is hereby ordained as an executive department of the national government.
[b]a)[/b] It shall be under the jurisdictional purview of the Ministry of Justice, which is required to provide adequate administration and funding to the service in order to maintain an acceptable degree of operation.
[b]b)[/b] It shall be headed by a Procurator-General, who shall be appointed by the Minister of Justice, and be an existing state procurator.
[b]c)[/b] The Procurator-General shall serve at the Minister's pleasure, and may be removed at any time by the Minister.
[b]d)[/b] The Procurator-General shall maintain an Office of the Procurator-General, responsible for logistical coordination of the National Procuratorate.[/blocktext](2)
[blocktext][b]a)[/b] The National Procuratorate shall be responsible for prosecuting all criminal cases and defending the state's position in judicial review, statutory interpretation and reference cases unless explicitly specified otherwise.
b) The National Procuratorate shall consist of persons that meet the following requirements:
[tab=20][/tab][b]i)[/b] Be in possession of a law degree or equivalent granted by a legitimate university or other institute of higher education, domestic or otherwise
[tab=20][/tab][b]ii)[/b] Be accredited as a member of the national bar association as recognised by the Ministry of Justice
[tab=20][/tab][b]iii)[/b] Be able to fluently speak an official language of Calaverde
[tab=20][/tab][b]iv)[/b] Swear the following oath on taking office: [i]I, [name], swear that I will pursue justice without bias or discrimination, and that I will uphold the values and laws of the Republic of Calaverde. So help me God[/i] (second sentence is optional).
c) The payment of the salaries of procurators falling under the purview of the National Procuratorate shall be disseminated through the Office of the Procurator-General.[/blocktext](3)
[blocktext]a) The National Procuratorate and Office of the Procurator-General shall have no law enforcement or prisoner detainment power of their own, but they may request law enforcement agencies to act upon warrants authorised by the former agencies.
b) The National Procuratorate shall have the power of warrant, to be executed by the Courts and Tribunals Service operating within the restrictions of the law. The warrants it may issue are as follows:
[tab=20][/tab][b]i)[/b] Warrant for arrest and detention
[tab=20][/tab][b]ii)[/b] Warrant for home arrest between specific hours
[tab=20][/tab][b]iii)[/b] Warrant for search and confiscation of private property pursuant to an active investigation
[tab=20][/tab][b]iv)[/b] Warrant for the banning of the entry of the subject in question to a specific location
[tab=20][/tab][b]v)[/b] Warrant for the mandatory check-in of the subject in question to a police station at specific hours
[tab=20][/tab][b]vi)[/b] Warrant for the authorisation of wiretapping or espionage against a subject in question[/blocktext]
[hr][/hr]
[size=120]§13 - Ordinance of the Duty Counsel Service[/size]
(1)
[blocktext]The Duty Counsel Service is hereby ordained as an executive department of the national government.
[b]a)[/b] It shall be under the jurisdictional purview of the Ministry of Justice, which is required to provide adequate administration and funding to the service in order to maintain an acceptable degree of operation.
[b]b)[/b] It shall be headed by a Director of the Duty Counsel Service, who shall be appointed by the Minister of Justice, and be an existing member of the Duty Counsel Service.
[b]c)[/b] The Director shall serve at the Minister's pleasure, and may be removed at any time by the Minister.
[b]d)[/b] The Director shall maintain an Office of the Director of the Duty Counsel Service, responsible for logistical coordination of the National Procuratorate.[/blocktext](2)
[blocktext][b]a)[/b] The Duty Counsel Service shall be responsible for providing free legal aid to defendants in all criminal cases unless explicitly specified otherwise.
b) The Duty Counsel Service shall consist of persons that meet the following requirements:
[tab=20][/tab][b]i)[/b] Be in possession of a law degree or equivalent granted by a legitimate university or other institute of higher education, domestic or otherwise
[tab=20][/tab][b]ii)[/b] Be accredited as a member of the national bar association as recognised by the Ministry of Justice
[tab=20][/tab][b]iii)[/b] Be able to fluently speak an official language of Calaverde
[tab=20][/tab][b]iv)[/b] Swear the following oath on taking office: [i]I, [name], swear that I will pursue justice without bias or discrimination, and that I will uphold the values and laws of the Republic of Calaverde. So help me God[/i] (second sentence is optional).
c) The payment of the salaries of members of the Duty Counsel Service shall be disseminated through the Office of the Director of the Duty Counsel Service.[/blocktext](3)
[blocktext]a) The Duty Counsel Service shall have no law enforcement or prisoner detainment power.[/blocktext][hr][/hr]
[size=120]§14 - Ordinance of the Office of the National Public Advocate[/size]
(1)
[blocktext]The Office of the National Public Advocate is hereby ordained as an executive department of the national government.
[b]a)[/b] It shall be under the jurisdictional purview of the Ministry of Justice, which is required to provide adequate administration and funding to the service in order to maintain an acceptable degree of operation; however the Ministry shall not attempt to influence it or pervert its fairness or neutrality.
[b]b)[/b] It shall be headed by a National Public Advocate, who shall be appointed by the Minister of Justice and be a person qualified as a judge in Calaverde.
[b]c)[/b] The National Public Advocate shall serve a single four year term and will then be required to be reappointed by the Minister of Justice for another term.
[b]d)[/b] The National Public Advocate may be removed before the end of the term for the following reasons:
[tab=20][/tab]i) Incapability to correctly discharge duties resulting from problem, injury, or death
[tab=20][/tab]ii) Resignation tended to the Minister of Justice and accepted
[tab=20][/tab]iii) Impeachment by the Supreme Court for maladministration or incompetence in the face of duty[/blocktext](2)
[blocktext][b]a)[/b] The Office of the National Public Advocate shall be responsible for investigating claims of civil rights violations and maladministration against the national government.
[b]b)[/b] The Office of the National Public Advocate shall maintain a staff as large as may be necessary to fulfill its mandate reasonably.[/blocktext](3)
[blocktext][b]a)[/b] The Office of the National Public Advocate shall have no law enforcement, prosecution or prisoner detainment power, but may mandate the police to enforce warrants obtained from the National Procuratorate.
[b]b)[/b] The Office of the National Public Advocate shall have the power of subpoena.
[b]c)[/b] The National Public Advocate may order the National Procuratorate to pursue criminal charges against individuals and to issue warrants for persons of interest.[/blocktext]
[hr][/hr]
[size=120]§15 - Universal Jurisdiction[/size]
(1)
[blocktext][b]a)[/b] The Ministry of Justice is authorised to unilaterally deport all individuals indicted by the International Criminal Court or other United Nations-sanctioned international tribunal to the Netherlands or any other nation authorised by the ICC or other aforementioned tribunal to detain such individials, without hearing nor appeal.
[b]b)[/b] Domestic courts are authorised to issue indictments for any and all individuals that violate international criminal statutes to which the Republic of Calaverde is a party, notwithstanding the location in which it was committed.
[tab=20][b]i)[/b] Domestic courts have jurisdiction over all war crimes and crimes against humanity committed in the known universe.[/tab]
[b]c)[/b] Because war crimes legislation is customary international law and war criminals are enemies of mankind and deserve no safe haven from justice, the [i]ex post facto[/i] prosecution of war criminals and criminals against humanity whose acts were committed after 4 September 1900, the date of entry of the First Hague Convention, is authorised.[/blocktext]
[hr][/hr]
[size=120]§16 - Offences Against Justice[/size]
(1)
[blocktext]The following as listed are offences that impede or otherwise attempt to pervert the proper administration of justice:
[b]a)[/b] [b]PERJURY[/b] is defined as lying or misleading, or attempting to do either act, under sworn oath before a court or tribunal, in a way that may affect the result of a case. Anyone that commits perjury is liable to imprisonment for a term not exceeding fifteen (15) years.
[b]b)[/b] [b]OBSTRUCTION OF JUSTICE[/b] is defined as obstructing or hindering the work of law enforcement, prosecutors, government regulators and the court. Anyone that commits obstruction of justice is liable to imprisonment for a term not exceeding twelve (12) years.
[b]c)[/b] [b]PERVERTING THE COURSE OF JUSTICE[/b] is defined as fabricating, tampering with, or knowingly destroying evidence, threatening explicitly or implicitly judges, court clerks and other legal officials, or attempting to commit the aforementioned acts. Anyone that commits the offence of perverting the course of justice is liable to imprisonment for a term not exceeding twenty-five (25) years.
[tab=20][/tab][b]i)[/b] It is not an offence for a suspect to mislead or lie to police or judicial authorities during an interrogation or questioning.
[b]d)[/b] [b]MISPRISION OF OFFENCE[/b] is defined as failing to report an offence under Calaverdean law that one is aware to have occurred. Anyone that commits the offence of misprision of offence is liable to imprisonment for a term not exceeding seven (7) years.
[tab=20][/tab][b]i)[/b] The suspect(s) cannot be charged with concealing their own offence.
[b]e)[/b] [b]COMPOUNDING OF OFFENCE[/b] is defined as attempting to bribe or otherwise corrupt a prosecutor or victim into dropping charges or hindering prosecution in a way unsanctioned by the court. Anyone that commits the offence of compounding of offence is liable to imprisonment for a term not exceeding sixteen (16) years.
[b]f)[/b] [b]CONTEMPT OF COURT[/b] is defined as being disobedient or disrespectful against an officer or order of the court. Anyone that commits the offence of contempt of court is liable to imprisonment for a term not exceeding sixteen (16) months and/or a fine of $25,000.
[b]g)[/b] [b]FAILURE TO APPEAR[/b] is defined as violating the conditions of bail, violating a judicial order to check in at a specific location, or any other judicial order mandating a suspect to report to authorities. Anyone that commits the offence of failure to appear is liable to imprisonment for a term not exceeding two (2) years and/or a fine of $50,000.[/blocktext][/box]

[Lykens]

Table this, please.

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National Judiciary Act
| Author: Senators Desjardins (Ainin) and Njil (The New World Oceania) |
| Sponsors: Senators Kourie (Kouralia), O'Hara (Beta Test), Diaz (Lykens), Rochefort (Soviet Canuckistan), Johnson (The Nihilistic view), and Bustamante (Maklohi Vai) |

An Act to form a fair and impartial civil, criminal and administrative judicial system and to establish a basic judicial code for the proper administration of justice and the well functioning of government and state; and for connected purposes.

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Preamble
WHEREAS a fair and equal system of justice is the epitomic symbol of modern civilisation,

WHEREAS the Government and Senate of Calaverde acknowledge that such a system is the cherished foundation of an effective and just government and state,

WHEREAS the judiciary must be representative of all peoples in Calaverde and offer fair trials to all, notwithstanding any financial, physical or mental disadvantage,

WHEREAS the Senate of Calaverde further recognises that a strong and independent judiciary is a key role in keeping executive and legislative power in check under the doctrine of separation of powers,

THE SENATE OF CALAVERDE RESOLVES to enact the following framework to establish a judicial system.

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§1 - Definitions

Arbitral tribunal is defined as a government-levied judicial body granted the power to administer judgment over civil matters.
Criminal tribunal is defined as a government-levied judicial body granted the power to administer judgment over criminal matters.
Court is defined as a government-levied judicial body granted the power to administer judgment over civil and criminal matters.
Lower court is defined as any court with usual jurisdiction exclusively over a clearly-defined geographic entity smaller than the entirety of the nation.
Superior court is defined as any court with usual jurisdiction over the entirety of the nation.
Court of final instance is defined as any court from which a decision cannot be further appealed and whose set precedents overrule all others on the matter.
Universal jurisdiction is defined as the power to enforce national and international law over overseas nationals and non-nationals pursuant to the greater good of international security and order ("erga omnes"), notwithstanding jurisdictional arbitrage or locale in which the offence was committed.
Tribunal shall be considered synonymous to court for the purposes of this act and any further amendments to this act.

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§2 - Ordinance of the Courts and Tribunals Service
(1)

The Courts and Tribunals Service is hereby ordained as an executive department of the national government.
a) It shall be under the jurisdictional purview of the Ministry of Justice, which is required to provide adequate administration and funding to the service in order to maintain an acceptable degree of operation.
b) It shall be headed by a Director, who shall be appointed by the Minister of Justice and confirmed by a simple majority of all superior court judges
c) The Director shall serve a single four year term and will then be required to be reconfirmed by the judges to renew their term.
d) The Director may be removed before the end of the term for the following reasons:
i) Incapability to correctly discharge duties resulting from problem, injury, or death
ii) Resignation tended to the Minister of Justice and accepted
iii) Termination by the Minister of Justice for maladministration or incompetence in the face of duty

(2)

a) The Courts and Tribunals Service shall administer all courts and tribunals in the nation unless explicitly specified otherwise.
b) The Courts and Tribunals Service shall be responsible for the maintenance and construction of all courthouses and court-related establishments, but may contract the responsibility to private corporations or other government departments at its discretion.
c) The payment of the salaries of judges, clerks and other court employees falling under the purview of the Courts and Tribunals Service shall be disseminated through the Courts and Tribunals Service.

(3)

a) The Courts and Tribunals Service shall have no law enforcement or prisoner detainment power of its own, but it may request law enforcement agencies to establish and operate holding cells on Courts and Tribunals Service property and to ensure the security and sanctity of judicial property and persons of interest.
b) The Courts and Tribunals Service shall have the power of subpoena and of warrant, to be executed by judges operating within the restrictions of the law. The warrants are as follows:
i) Warrant for arrest and detention
ii) Warrant for home arrest between specific hours
iii) Warrant for search and confiscation of private property pursuant to an active investigation
iv) Warrant for the banning of the entry of the subject in question to a specific location
v) Warrant for the mandatory check-in of the subject in question to a police station at specific hours
vi) Warrant for the authorisation of wiretapping or espionage against a subject in question

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§3 - Court Hierarchy
(1)

a) The following superior courts are established and shall sit in the national capital:
i) The Supreme Court of Calaverde
ii) The High Court of Appeals of Calaverde
b) The following lower courts are to be established in every metropolitan area as designated by census authorities with a population superior to 250,000.
i) The Regional Court of (x), (x) being a variable representing the name of the metropolitan area
ii) The Lower Tribunal of (x), (x) being a variable representing the name of the metropolitan area
c) All courts are under the jurisdiction and administration of the Courts and Tribunals Service.

(2)

The following powers and responsibilities are afforded to the Supreme Court of Calaverde:
a) The Supreme Court is the court of final instance for all cases unless specified otherwise, and be the court of both first and final instance for statutory interpretation and reference cases relating to national law.
b) The Supreme Court shall consist of 5 judges, out of which one shall be elected by their peers as head justice of the court. [OOC: 5 admins, head admin = chief justice].
c) The Supreme Court shall rule by simple majority, and must provide detailed justification for its rulings in the form of one or several majority opinions filed with the clerk. The dissenting court bench may also file one or several dissenting opinions. If none of the opinions are signed by a simple majority of the judges on the court, no precedent is set.
d) Any ruling of the Supreme Court shall set precedent overruled only by national primary legislation, and shall be binding upon all lower courts and the High Court of Appeal until the moment it is overturned or replaced by a later Supreme Court ruling, either explicitly or by implication.
e) The Supreme Court hears cases appealed from the High Court of Appeals, but may decline to hear such an appeal if it believes that the lower court has come to a satisfactory decision or if hearing the case is not in the national public interest.
f) The Supreme Court has three options when ruling on an appeal, namely:
i) UPHOLDING the ruling of the lower court, but altering the sentence remains an option
ii) STRIKING DOWN the ruling of the lower court and return a different ruling
iii) DECLINING TO RULE due to procedural mistakes committed in the prior trial and REMANDING the case back to the High Court of Appeals
g) The Supreme Court has the power to issue an indefinite stay of proceedings on cases heard by lower courts and the High Court of Appeals and on rulings issued by them until an appeal can be heard and/or dismissed by a superior court.

(3)

The following powers and responsibilities are afforded to the High Court of Appeal of Calaverde:
a) The High Court of Appeal is the court of final instance for all criminal offences first heard before a municipal Lower Tribunal, and be the court of both first and final instance for statutory interpretation and reference cases relating to sub-national law.
b) The High Court of Appeal shall consist of one or more rotating panels of 3 judges, out of which one shall be elected by their peers as head justice of the panel. [OOC: 3 admins, one of them = head of panel].
c) The High Court of Appeal shall rule by simple majority, and must provide detailed justification for its rulings in the form of one or several majority opinions filed with the clerk. The dissenting court bench may also file one or several dissenting opinions. If none of the opinions are signed by a simple majority of the judges on the panel, no precedent is set.
d) Any ruling of the High Court of Appeal shall set precedent overruled only by national primary legislation and precedents set by the Supreme Court, and shall be binding upon all lower courts until the moment it is overturned or replaced by a later High Court of Appeal or Supreme Court ruling, either explicitly or by implication.
e) The High Court of Appeal hears cases appealed from all Regional Courts.
f) The High Court of Appeal has three options when ruling on an appeal, namely:
i) UPHOLDING the ruling of the lower court, but altering the sentence remains an option
ii) STRIKING DOWN the ruling of the lower court and return a different ruling
iii) DECLINING TO RULE due to procedural mistakes committed in the prior trial and REMANDING the case back to the respective Regional Court
g) The High Court of Appeal has the power to issue an indefinite stay of proceedings on cases heard by lower courts and on rulings issued by them until an appeal can be heard and/or dismissed by a superior court.

(4)

The following powers and responsibilities are afforded to the Regional Courts:
a) The Regional Courts are the court of first instance for all criminal offences that carry a maximum sentence higher than 5 years in prison and/or a $20,000 fine.
b) The Regional Courts shall consist of several judges, out of which one, and no more than one, shall be assigned to an individual case. [OOC: anyone that wants the job, admin or not].
c) The judge of a Regional Court assigned to a case must provide detailed justification for their ruling in the form of one opinion.
d) Any ruling of a Regional Court shall set precedent for that specific court and exclusively that court, and shall be binding upon no one but itself, and is overruled by any national or sub-national primary or secondary legislation and all active precedents set by superior courts.
e) The Regional Courts hear cases appealed from all Lower Tribunals.
f) The High Court of Appeal has two options when ruling on an appeal, namely:
i) UPHOLDING the ruling of the lower court, but altering the sentence remains an option
ii) STRIKING DOWN the ruling of the lower court and return a different ruling

(5)

The following powers and responsibilities are afforded to the Lower Tribunals:
a) The Lower Tribunals are the court of first instance for all criminal offences that carry a maximum sentence lower than or equal to 5 years in prison and/or a $20,000 fine.
b) The Lower Tribunals shall consist of several judges, out of which one, and no more than one, shall be assigned to an individual case. [OOC: anyone that wants the job, admin or not].
c) The judge of a Lower Tribunals assigned to a case must provide detailed justification for their ruling in the form of one opinion.
d) Any ruling of a Lower Tribunals shall set precedent for that specific court and exclusively that court, and shall be binding upon no one but itself, and is overruled by any national or sub-national primary or secondary legislation and all active precedents set by superior courts, but not precedents by Regional Courts.

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§4 - Appointment of Judges
(1)

Judges are members of the civil service and their hiring is managed by the Independent Juror Selection Board, consisting of 4 judges selected by the national judges' trade union as recognised by the Ministry of Justice, 4 qualified lawyers selected by the bar association as recognised by the Ministry of Justice, 1 duty counsel appointed by the Director of the Duty Counsel Service and 1 procurator appointed by the Procurator-General, and must meet the following requirements:
a) Be in possession of a law degree or equivalent granted by a legitimate university or other institute of higher education, domestic or otherwise
b) Be accredited as a member of the national bar association as recognised by the Ministry of Justice
c) Have served as a lawyer in Calaverde for at least 10 years
d) Be able to fluently speak all official languages of Calaverde
e) Swear the following oath on taking office: I, [name], swear that I will administer justice without bias or discrimination, and that I will uphold the values and laws of the Republic of Calaverde. So help me God (second sentence is optional).

(2)

a) A lower judge may be removed from office in the following manners:
i) Incapability to correctly discharge duties resulting from problem, injury, or death
ii) Resignation tended to the Director of the Courts and Tribunals Service and accepted
iii) Termination by the Director of the Courts and Tribunals Service for maladministration or incompetence in the face of duty
iv) Termination by the Minister of Justice after being convicted of a Section 16 offence under the National Judiciary Act or the offence of misconduct in a public office under the Police Establishment and Powers Act
b) A superior judge may be removed from office in the following manners:
i) Incapability to correctly discharge duties resulting from problem, injury, or death
ii) Resignation tended to the Minister of Justice and accepted
iii) Termination by the Minister of Justice after being convicted of a Section 16 offence under the National Judiciary Act or the offence of misconduct in a public office under the Police Establishment and Powers Act

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(1)

These rules govern the procedure in all civil actions and proceedings in the courts of Calaverde. They shall be administered to secure the just determination of every action and proceeding.
a) It is the burden of the plaintiff to evidence that they have a legitimate claim.
b) The suit is filed beginning with the pleadings, which shall be adhere to the system and nomenclature of notice pleadings. The first pleading is the complaint, filed by the plaintiff — momentarily, the petitioner.

• The complaint must include the following elements.
• Heading — name and credentials of the petitioner.
• Jurisdiction and Venue
• Parties — the parties in the case, labelled plaintiff and defendant.
• Definitions — in case of strange words.
• Statement of Fact
• Cause of Action — cites case law and former precedents, making a numbered list of the counts or allegations.
• Injury — explains how the actions of the defendants harmed the petitioner's rights.
• Demand of Relief — demands relief, requesting judicial remedies.

c) The defendant, momentarily the respondent, issues the next pleading, the answer. This contains a response to the complaint, and may or may not include a counterclaim.
d) Should a counterclaim be filed, the petitioner may send a reply, responding to the answer and the counterclaim.
e) After the answer is filed, a judge shall be assigned to the case.
f) Either party may file a motion to the judge, whom sustains or overrules. These motions should include an argument for them and are as follows.

• Motion to Discover — opens a period of "discovery" to be set by the judge, in which evidence is reviewed and discussed by both parties pre-trial.
• Motion to Dismiss — drops the case and charges on legal grounds.
• Motion for a Summary Judgement — requests the judge to rule based on available evidence.

g) An initial status conference is held, in which the length of discovery and date of trial are determined.
h) Depositions and interrogatories are entered, parties prepare for trial and evidence is requested.
i) An issues conference is held, in which stipulations are made.

(2)

Trial procedure shall be as chronologically follows:

• The judge declares the court in order.
• The plaintiff makes their opening statement.
• The defence may or may not opt to provide their opening statement.
• Evidence is presented by the plaintiff.
• The plaintiff examines their first witness.
• The defence cross-examines this witness.
• This process continues for all of the plaintiff's witnesses.
• Any relevant motions are made and judged.
• Evidence is presented by the defence.
• The defence examines their first witness.
• The plaintiff cross-examines this witness.
• This process continues for all of the defence's witnesses.
• Final motions are made and judged.
• The plaintiff makes their closing argument.
• The defence makes their closing argument.
• The plaintiff may or may not opt to make a rebuttal.
• The judge considers the arguments and evidence, then presents the verdict.
• Post-verdict motions are made.
• The judge makes their judgement on the case.

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§6 - Criminal Trial Procedure
(1)

These rules govern the procedure in all civil actions and proceedings in the courts of Calaverde. They shall be administered to secure the just determination of every action and proceeding. Procedure shall be as follows:

• It is the burden of the prosecution to evidence that the defendant is guilty.
• The suspect is arrested.
• The defendant appears at an arraignment, in which they are read the charges and their rights. The judge decides on a bail.
• The parties may at this point discuss the case, particularly regarding potential plea bargaining.
• The defendant appears at their preliminary hearing. The prosecution attempts to prove to the judge that there is probable cause for the suspect's guilt. The Court hears how the defendant pleas and the trial is scheduled; or, the sentencing is scheduled if the defendant pleas guilty; or, the charges are dropped if the judge declines to see probable cause.
• When the trial begins, the judge declares the court in order.
• The prosecution makes their opening statement.
• The defence may or may not opt to make their opening statement.
• Evidence is presented by the prosecution.
• The prosecution examines their first witness.
• The defence cross-examines this witness.
• This process continues for all of the prosecution's witnesses.
• Any relevant motions are made and judged.
• Evidence is presented by the defence.
• The defence examines their first witness.
• The prosecution cross-examines this witness.
• This process continues for all of the defence's witnesses.
• Final motions are made and judged.
• The prosecution makes their closing argument.
• The defence makes their closing argument.
• The prosecution may or may not opt to make a rebuttal.
• The judge considers the arguments and evidence presented.
• The judge presents the verdict.
• Post-verdict motions are made.
• If the defendant is found guilty, the sentencing is scheduled.
• The judge determines a sentence for the criminal.

(2)

Bail, defined as the temporary release from prison prior to a trial, shall be administered in this manner:
a) All persons accused of a violent offence, defined for the exclusive purposes of this act as an offence either involving tangible and physical harm to another person, or involving a weapon, shall not be granted bail under any circumstance.
b) A court shall not grant bail to a person proven to have a high risk of fleeing the court's jurisdiction, if the offence they are accused of has the possibility of a prison sentence above 6 months or a fine/repayment superior or equal to $4,000, or to an individual at imminent risk of assassination or grievous bodily harm if they were to be released.
c) Other offenders are allowed to be granted bail by the court.
d) The court shall require some form of leverage or property to be deposited with it, proportional in value to the severity of the committed offence(s), in order to deter escape from its jurisdiction.
e) The court may order the person to check in with police or other judicial authorities while released on bail, and/or may order the police to provide a guard for the individual if they are considered:
i) A significant flight risk whose departure would prevent justice being done in a case that has the possibility of a prison sentence above 6 months or a fine/repayment superior or equal to $4,000.
ii) At risk of bodily harm or assassination by vigilantes, insurgents and other terrorists.

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§7 - Administrative Courts
(1)

All administrative courts, defined as non-legislative executive and judicial bodies that impose punitive measures or attempt to order the national government to commit an act against its will, that are not superior courts, shall be answerable to the judiciary, with the following criteria:
a) Any ruling by an administrative court may be appealed to the High Court of Appeal and then to the Supreme Court.
i) Either court may refuse to hear the case if it is deemed frivolous or otherwise has no legal importance or standing in terms of statutory and common law.
b) No administrative court shall impose punitive measures regarding imprisonment or detention, which shall be the exclusive purview of the judiciary and police services.
c) The superior courts may issue an emergency stay blocking the enforcement of the administrative court's decision until it can be properly examined by an actual tribunal of law.

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§8 - Customary Law of the Nations
(1)

The judicial system of Calaverde is to be based on the customary law of the land, which shall be interpreted to include:
a) The customary law of England, starting from time immemorial and up to the establishment of responsible government in Calaverde
b) Precedents and custom established by the courts, tribunals and conventions of Calaverde
i) All lower courts are bound by precedent set by superior courts.
ii) The High Court of Appeal is bound by precedent set by the Supreme Court of Calaverde.
iii) Courts may overrule precedents that they themselves have previously set, or precedent set by courts of their equal level in the judicial hierarchy.
c) The customary law of the nations (i.e. customary international law)

(2)

a) The statutory law of Calaverde takes precedence over the customary law of the land.
b) Precedents and custom established by the courts, tribunals and conventions of Calaverde take precedence over those of England.
c) If the court reasonably interprets established customary convention or precedent to be desuetude, it is not bound to follow it and may instead declare it to be null and void by inference.

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§9 - Statutory Interpretation
(1)

Superior courts of Calaverde shall have the power of statutory interpretation, namely the power to interpret perceived ambiguities in legislation, or conflicted sources of legislation, which shall be based on the following factors, in weighed order of importance for consideration by courts and tribunals:
a) The text of the law(s) in question, taken literally and with relevant context
b) The intent and context of the author(s) in writing the text of the law(s) in question, insofar as the intent is determined to be reasonable in the eyes of the court
c) The constitutional and legal relevance of the law(s) in question
d) The likely inferred or implied meanings of the law(s)
e) The date of enactment of the law(s) in question
i) The doctrine of lex posterior derogat priori is to be assumed unless the older law is of constitutional relevance and the newer one is not, in which case the former would hold superiority.
ii) Derogation may be used by the court instead of repeal in such a case.
f) The most sane and rational intent behind the law insofar as to not be insane or illogical

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§10 - Reference Questions
(1)

a) National and sub-national government bodies may petition their respective superior court to set a legal precedent or give a legal opinion on an issue pertaining to the government's agenda.
b) Such a decision shall be bound by the same rules pertaining to the establishment of precedent as normal cases.
c) Such a decision may not be appealed, but may be overridden by later statutory law.

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§11 - Judicial Review
(1)

Calaverdean courts have the power of judicial review:
a) The Supreme Court of Calaverde shall have the exclusive power of judicial review in Calaverde.
b) It shall have the power to revoke of parts of all of statutory law for the following reasons:
i) The parts or whole of the law in question has become desuetude.
ii) The parts or whole of the law in question contradicts constitutional documents or other statutes with elevated legal importance.
iii) The parts or whole of the law in question contradicts the principles of responsible government, namely peace, order and good government.
iv) The parts or whole of the law in question contradicts common law precedents of constitutional importance.
c) Such a decision cannot be appealed and may set precedent.
d) The rules for setting precedent remains as codified by Section 3.2d of the National Judiciary Act.
e) Revoked laws or sections of laws are considered to be null and void.

(2)

a) The Supreme Court of Calaverde may alternatively order the Senate to amend a law to not violate clauses 11.1b-i to 11.1b-iii, instead of revoking it.
b) The Senate is mandated to comply under threat of committing the criminal offences of contempt of court and obstruction of justice.
c) The court shall allow the Senate a reasonable period of time to comply, reasonable defined for the purposes of this section as between one (1) and twenty-four (24) months.

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§12 - Ordinance of the National Procuratorate and of the Office of the Procurator-General
(1)

The National Procuratorate is hereby ordained as an executive department of the national government.
a) It shall be under the jurisdictional purview of the Ministry of Justice, which is required to provide adequate administration and funding to the service in order to maintain an acceptable degree of operation.
b) It shall be headed by a Procurator-General, who shall be appointed by the Minister of Justice, and be an existing state procurator.
c) The Procurator-General shall serve at the Minister's pleasure, and may be removed at any time by the Minister.
d) The Procurator-General shall maintain an Office of the Procurator-General, responsible for logistical coordination of the National Procuratorate.

(2)

a) The National Procuratorate shall be responsible for prosecuting all criminal cases and defending the state's position in judicial review, statutory interpretation and reference cases unless explicitly specified otherwise.
b) The National Procuratorate shall consist of persons that meet the following requirements:
i) Be in possession of a law degree or equivalent granted by a legitimate university or other institute of higher education, domestic or otherwise
ii) Be accredited as a member of the national bar association as recognised by the Ministry of Justice
iii) Be able to fluently speak an official language of Calaverde
iv) Swear the following oath on taking office: I, [name], swear that I will pursue justice without bias or discrimination, and that I will uphold the values and laws of the Republic of Calaverde. So help me God (second sentence is optional).
c) The payment of the salaries of procurators falling under the purview of the National Procuratorate shall be disseminated through the Office of the Procurator-General.

(3)

a) The National Procuratorate and Office of the Procurator-General shall have no law enforcement or prisoner detainment power of their own, but they may request law enforcement agencies to act upon warrants authorised by the former agencies.
b) The National Procuratorate shall have the power of warrant, to be executed by the Courts and Tribunals Service operating within the restrictions of the law. The warrants it may issue are as follows:
i) Warrant for arrest and detention
ii) Warrant for home arrest between specific hours
iii) Warrant for search and confiscation of private property pursuant to an active investigation
iv) Warrant for the banning of the entry of the subject in question to a specific location
v) Warrant for the mandatory check-in of the subject in question to a police station at specific hours
vi) Warrant for the authorisation of wiretapping or espionage against a subject in question

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§13 - Ordinance of the Duty Counsel Service
(1)

The Duty Counsel Service is hereby ordained as an executive department of the national government.
a) It shall be under the jurisdictional purview of the Ministry of Justice, which is required to provide adequate administration and funding to the service in order to maintain an acceptable degree of operation.
b) It shall be headed by a Director of the Duty Counsel Service, who shall be appointed by the Minister of Justice, and be an existing member of the Duty Counsel Service.
c) The Director shall serve at the Minister's pleasure, and may be removed at any time by the Minister.
d) The Director shall maintain an Office of the Director of the Duty Counsel Service, responsible for logistical coordination of the National Procuratorate.

(2)

a) The Duty Counsel Service shall be responsible for providing free legal aid to defendants in all criminal cases unless explicitly specified otherwise.
b) The Duty Counsel Service shall consist of persons that meet the following requirements:
i) Be in possession of a law degree or equivalent granted by a legitimate university or other institute of higher education, domestic or otherwise
ii) Be accredited as a member of the national bar association as recognised by the Ministry of Justice
iii) Be able to fluently speak an official language of Calaverde
iv) Swear the following oath on taking office: I, [name], swear that I will pursue justice without bias or discrimination, and that I will uphold the values and laws of the Republic of Calaverde. So help me God (second sentence is optional).
c) The payment of the salaries of members of the Duty Counsel Service shall be disseminated through the Office of the Director of the Duty Counsel Service.

(3)

a) The Duty Counsel Service shall have no law enforcement or prisoner detainment power.

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§14 - Ordinance of the Office of the National Public Advocate
(1)

The Office of the National Public Advocate is hereby ordained as an executive department of the national government.
a) It shall be under the jurisdictional purview of the Ministry of Justice, which is required to provide adequate administration and funding to the service in order to maintain an acceptable degree of operation; however the Ministry shall not attempt to influence it or pervert its fairness or neutrality.
b) It shall be headed by a National Public Advocate, who shall be appointed by the Minister of Justice and be a person qualified as a judge in Calaverde.
c) The National Public Advocate shall serve a single four year term and will then be required to be reappointed by the Minister of Justice for another term.
d) The National Public Advocate may be removed before the end of the term for the following reasons:
i) Incapability to correctly discharge duties resulting from problem, injury, or death
ii) Resignation tended to the Minister of Justice and accepted
iii) Impeachment by the Supreme Court for maladministration or incompetence in the face of duty

(2)

a) The Office of the National Public Advocate shall be responsible for investigating claims of civil rights violations and maladministration against the national government.
b) The Office of the National Public Advocate shall maintain a staff as large as may be necessary to fulfill its mandate reasonably.

(3)

a) The Office of the National Public Advocate shall have no law enforcement, prosecution or prisoner detainment power, but may mandate the police to enforce warrants obtained from the National Procuratorate.
b) The Office of the National Public Advocate shall have the power of subpoena.
c) The National Public Advocate may order the National Procuratorate to pursue criminal charges against individuals and to issue warrants for persons of interest.

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§15 - Universal Jurisdiction
(1)

a) The Ministry of Justice is authorised to unilaterally deport all individuals indicted by the International Criminal Court or other United Nations-sanctioned international tribunal to the Netherlands or any other nation authorised by the ICC or other aforementioned tribunal to detain such individials, without hearing nor appeal.
b) Domestic courts are authorised to issue indictments for any and all individuals that violate international criminal statutes to which the Republic of Calaverde is a party, notwithstanding the location in which it was committed.
i) Domestic courts have jurisdiction over all war crimes and crimes against humanity committed in the known universe.
c) Because war crimes legislation is customary international law and war criminals are enemies of mankind and deserve no safe haven from justice, the ex post facto prosecution of war criminals and criminals against humanity whose acts were committed after 4 September 1900, the date of entry of the First Hague Convention, is authorised.

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§16 - Offences Against Justice
(1)

The following as listed are offences that impede or otherwise attempt to pervert the proper administration of justice:
a) PERJURY is defined as lying or misleading, or attempting to do either act, under sworn oath before a court or tribunal, in a way that may affect the result of a case. Anyone that commits perjury is liable to imprisonment for a term not exceeding fifteen (15) years.
b) OBSTRUCTION OF JUSTICE is defined as obstructing or hindering the work of law enforcement, prosecutors, government regulators and the court. Anyone that commits obstruction of justice is liable to imprisonment for a term not exceeding twelve (12) years.
c) PERVERTING THE COURSE OF JUSTICE is defined as fabricating, tampering with, or knowingly destroying evidence, threatening explicitly or implicitly judges, court clerks and other legal officials, or attempting to commit the aforementioned acts. Anyone that commits the offence of perverting the course of justice is liable to imprisonment for a term not exceeding twenty-five (25) years.
i) It is not an offence for a suspect to mislead or lie to police or judicial authorities during an interrogation or questioning.
d) MISPRISION OF OFFENCE is defined as failing to report an offence under Calaverdean law that one is aware to have occurred. Anyone that commits the offence of misprision of offence is liable to imprisonment for a term not exceeding seven (7) years.
i) The suspect(s) cannot be charged with concealing their own offence.
e) COMPOUNDING OF OFFENCE is defined as attempting to bribe or otherwise corrupt a prosecutor or victim into dropping charges or hindering prosecution in a way unsanctioned by the court. Anyone that commits the offence of compounding of offence is liable to imprisonment for a term not exceeding sixteen (16) years.
f) CONTEMPT OF COURT is defined as being disobedient or disrespectful against an officer or order of the court. Anyone that commits the offence of contempt of court is liable to imprisonment for a term not exceeding sixteen (16) months and/or a fine of $25,000.
g) FAILURE TO APPEAR is defined as violating the conditions of bail, violating a judicial order to check in at a specific location, or any other judicial order mandating a suspect to report to authorities. Anyone that commits the offence of failure to appear is liable to imprisonment for a term not exceeding two (2) years and/or a fine of $50,000.

I noticed the director serves a four year term, and we had a whole bunch of issues when GN put that into the GEA. Still sifting through, expect more comments.

[Calimera II]

''I am against this bill for two reasons: Marihuana is bad for the health of our people. Secondly, this bill doesn't regulate the cannabis market whatsoever. This bill mustn't pass.''

"Then we might as well ban alcohol, tobacco, automobiles, and anything sharp, and I correct, Senator? You are one hundred percent correct. This bill does not regulate the cannabis market. We must draft a bill to do so, if you are incapable of understanding this, I ask you, my honorable friend, why are you a legislator?"

''I disagree, fellow Senator. Your argument doesn't make any sense, it is absolutely nonsensical to say that we should legalize marihuana 'because tobacco is also bad.' The government should protect its citizens; and so am I, as a representative of the people.''

[Ainin]

Table this, please.

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National Judiciary Act
| Author: Senators Desjardins (Ainin) and Njil (The New World Oceania) |
| Sponsors: Senators Kourie (Kouralia), O'Hara (Beta Test), Diaz (Lykens), Rochefort (Soviet Canuckistan), Johnson (The Nihilistic view), and Bustamante (Maklohi Vai) |

An Act to form a fair and impartial civil, criminal and administrative judicial system and to establish a basic judicial code for the proper administration of justice and the well functioning of government and state; and for connected purposes.

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Preamble
WHEREAS a fair and equal system of justice is the epitomic symbol of modern civilisation,

WHEREAS the Government and Senate of Calaverde acknowledge that such a system is the cherished foundation of an effective and just government and state,

WHEREAS the judiciary must be representative of all peoples in Calaverde and offer fair trials to all, notwithstanding any financial, physical or mental disadvantage,

WHEREAS the Senate of Calaverde further recognises that a strong and independent judiciary is a key role in keeping executive and legislative power in check under the doctrine of separation of powers,

THE SENATE OF CALAVERDE RESOLVES to enact the following framework to establish a judicial system.

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§1 - Definitions

Arbitral tribunal is defined as a government-levied judicial body granted the power to administer judgment over civil matters.
Criminal tribunal is defined as a government-levied judicial body granted the power to administer judgment over criminal matters.
Court is defined as a government-levied judicial body granted the power to administer judgment over civil and criminal matters.
Lower court is defined as any court with usual jurisdiction exclusively over a clearly-defined geographic entity smaller than the entirety of the nation.
Superior court is defined as any court with usual jurisdiction over the entirety of the nation.
Court of final instance is defined as any court from which a decision cannot be further appealed and whose set precedents overrule all others on the matter.
Universal jurisdiction is defined as the power to enforce national and international law over overseas nationals and non-nationals pursuant to the greater good of international security and order ("erga omnes"), notwithstanding jurisdictional arbitrage or locale in which the offence was committed.
Tribunal shall be considered synonymous to court for the purposes of this act and any further amendments to this act.

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§2 - Ordinance of the Courts and Tribunals Service
(1)

The Courts and Tribunals Service is hereby ordained as an executive department of the national government.
a) It shall be under the jurisdictional purview of the Ministry of Justice, which is required to provide adequate administration and funding to the service in order to maintain an acceptable degree of operation.
b) It shall be headed by a Director, who shall be appointed by the Minister of Justice and confirmed by a simple majority of all superior court judges
c) The Director shall serve a single four year term and will then be required to be reconfirmed by the judges to renew their term.
d) The Director may be removed before the end of the term for the following reasons:
i) Incapability to correctly discharge duties resulting from problem, injury, or death
ii) Resignation tended to the Minister of Justice and accepted
iii) Termination by the Minister of Justice for maladministration or incompetence in the face of duty

(2)

a) The Courts and Tribunals Service shall administer all courts and tribunals in the nation unless explicitly specified otherwise.
b) The Courts and Tribunals Service shall be responsible for the maintenance and construction of all courthouses and court-related establishments, but may contract the responsibility to private corporations or other government departments at its discretion.
c) The payment of the salaries of judges, clerks and other court employees falling under the purview of the Courts and Tribunals Service shall be disseminated through the Courts and Tribunals Service.

(3)

a) The Courts and Tribunals Service shall have no law enforcement or prisoner detainment power of its own, but it may request law enforcement agencies to establish and operate holding cells on Courts and Tribunals Service property and to ensure the security and sanctity of judicial property and persons of interest.
b) The Courts and Tribunals Service shall have the power of subpoena and of warrant, to be executed by judges operating within the restrictions of the law. The warrants are as follows:
i) Warrant for arrest and detention
ii) Warrant for home arrest between specific hours
iii) Warrant for search and confiscation of private property pursuant to an active investigation
iv) Warrant for the banning of the entry of the subject in question to a specific location
v) Warrant for the mandatory check-in of the subject in question to a police station at specific hours
vi) Warrant for the authorisation of wiretapping or espionage against a subject in question

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§3 - Court Hierarchy
(1)

a) The following superior courts are established and shall sit in the national capital:
i) The Supreme Court of Calaverde
ii) The High Court of Appeals of Calaverde
b) The following lower courts are to be established in every metropolitan area as designated by census authorities with a population superior to 250,000.
i) The Regional Court of (x), (x) being a variable representing the name of the metropolitan area
ii) The Lower Tribunal of (x), (x) being a variable representing the name of the metropolitan area
c) All courts are under the jurisdiction and administration of the Courts and Tribunals Service.

(2)

The following powers and responsibilities are afforded to the Supreme Court of Calaverde:
a) The Supreme Court is the court of final instance for all cases unless specified otherwise, and be the court of both first and final instance for statutory interpretation and reference cases relating to national law.
b) The Supreme Court shall consist of 5 judges, out of which one shall be elected by their peers as head justice of the court. [OOC: 5 admins, head admin = chief justice].
c) The Supreme Court shall rule by simple majority, and must provide detailed justification for its rulings in the form of one or several majority opinions filed with the clerk. The dissenting court bench may also file one or several dissenting opinions. If none of the opinions are signed by a simple majority of the judges on the court, no precedent is set.
d) Any ruling of the Supreme Court shall set precedent overruled only by national primary legislation, and shall be binding upon all lower courts and the High Court of Appeal until the moment it is overturned or replaced by a later Supreme Court ruling, either explicitly or by implication.
e) The Supreme Court hears cases appealed from the High Court of Appeals, but may decline to hear such an appeal if it believes that the lower court has come to a satisfactory decision or if hearing the case is not in the national public interest.
f) The Supreme Court has three options when ruling on an appeal, namely:
i) UPHOLDING the ruling of the lower court, but altering the sentence remains an option
ii) STRIKING DOWN the ruling of the lower court and return a different ruling
iii) DECLINING TO RULE due to procedural mistakes committed in the prior trial and REMANDING the case back to the High Court of Appeals
g) The Supreme Court has the power to issue an indefinite stay of proceedings on cases heard by lower courts and the High Court of Appeals and on rulings issued by them until an appeal can be heard and/or dismissed by a superior court.

(3)

The following powers and responsibilities are afforded to the High Court of Appeal of Calaverde:
a) The High Court of Appeal is the court of final instance for all criminal offences first heard before a municipal Lower Tribunal, and be the court of both first and final instance for statutory interpretation and reference cases relating to sub-national law.
b) The High Court of Appeal shall consist of one or more rotating panels of 3 judges, out of which one shall be elected by their peers as head justice of the panel. [OOC: 3 admins, one of them = head of panel].
c) The High Court of Appeal shall rule by simple majority, and must provide detailed justification for its rulings in the form of one or several majority opinions filed with the clerk. The dissenting court bench may also file one or several dissenting opinions. If none of the opinions are signed by a simple majority of the judges on the panel, no precedent is set.
d) Any ruling of the High Court of Appeal shall set precedent overruled only by national primary legislation and precedents set by the Supreme Court, and shall be binding upon all lower courts until the moment it is overturned or replaced by a later High Court of Appeal or Supreme Court ruling, either explicitly or by implication.
e) The High Court of Appeal hears cases appealed from all Regional Courts.
f) The High Court of Appeal has three options when ruling on an appeal, namely:
i) UPHOLDING the ruling of the lower court, but altering the sentence remains an option
ii) STRIKING DOWN the ruling of the lower court and return a different ruling
iii) DECLINING TO RULE due to procedural mistakes committed in the prior trial and REMANDING the case back to the respective Regional Court
g) The High Court of Appeal has the power to issue an indefinite stay of proceedings on cases heard by lower courts and on rulings issued by them until an appeal can be heard and/or dismissed by a superior court.

(4)

The following powers and responsibilities are afforded to the Regional Courts:
a) The Regional Courts are the court of first instance for all criminal offences that carry a maximum sentence higher than 5 years in prison and/or a $20,000 fine.
b) The Regional Courts shall consist of several judges, out of which one, and no more than one, shall be assigned to an individual case. [OOC: anyone that wants the job, admin or not].
c) The judge of a Regional Court assigned to a case must provide detailed justification for their ruling in the form of one opinion.
d) Any ruling of a Regional Court shall set precedent for that specific court and exclusively that court, and shall be binding upon no one but itself, and is overruled by any national or sub-national primary or secondary legislation and all active precedents set by superior courts.
e) The Regional Courts hear cases appealed from all Lower Tribunals.
f) The High Court of Appeal has two options when ruling on an appeal, namely:
i) UPHOLDING the ruling of the lower court, but altering the sentence remains an option
ii) STRIKING DOWN the ruling of the lower court and return a different ruling

(5)

The following powers and responsibilities are afforded to the Lower Tribunals:
a) The Lower Tribunals are the court of first instance for all criminal offences that carry a maximum sentence lower than or equal to 5 years in prison and/or a $20,000 fine.
b) The Lower Tribunals shall consist of several judges, out of which one, and no more than one, shall be assigned to an individual case. [OOC: anyone that wants the job, admin or not].
c) The judge of a Lower Tribunals assigned to a case must provide detailed justification for their ruling in the form of one opinion.
d) Any ruling of a Lower Tribunals shall set precedent for that specific court and exclusively that court, and shall be binding upon no one but itself, and is overruled by any national or sub-national primary or secondary legislation and all active precedents set by superior courts, but not precedents by Regional Courts.

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§4 - Appointment of Judges
(1)

Judges are members of the civil service and their hiring is managed by the Independent Juror Selection Board, consisting of 4 judges selected by the national judges' trade union as recognised by the Ministry of Justice, 4 qualified lawyers selected by the bar association as recognised by the Ministry of Justice, 1 duty counsel appointed by the Director of the Duty Counsel Service and 1 procurator appointed by the Procurator-General, and must meet the following requirements:
a) Be in possession of a law degree or equivalent granted by a legitimate university or other institute of higher education, domestic or otherwise
b) Be accredited as a member of the national bar association as recognised by the Ministry of Justice
c) Have served as a lawyer in Calaverde for at least 10 years
d) Be able to fluently speak all official languages of Calaverde
e) Swear the following oath on taking office: I, [name], swear that I will administer justice without bias or discrimination, and that I will uphold the values and laws of the Republic of Calaverde. So help me God (second sentence is optional).

(2)

a) A lower judge may be removed from office in the following manners:
i) Incapability to correctly discharge duties resulting from problem, injury, or death
ii) Resignation tended to the Director of the Courts and Tribunals Service and accepted
iii) Termination by the Director of the Courts and Tribunals Service for maladministration or incompetence in the face of duty
iv) Termination by the Minister of Justice after being convicted of a Section 16 offence under the National Judiciary Act or the offence of misconduct in a public office under the Police Establishment and Powers Act
b) A superior judge may be removed from office in the following manners:
i) Incapability to correctly discharge duties resulting from problem, injury, or death
ii) Resignation tended to the Minister of Justice and accepted
iii) Termination by the Minister of Justice after being convicted of a Section 16 offence under the National Judiciary Act or the offence of misconduct in a public office under the Police Establishment and Powers Act

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(1)

These rules govern the procedure in all civil actions and proceedings in the courts of Calaverde. They shall be administered to secure the just determination of every action and proceeding.
a) It is the burden of the plaintiff to evidence that they have a legitimate claim.
b) The suit is filed beginning with the pleadings, which shall be adhere to the system and nomenclature of notice pleadings. The first pleading is the complaint, filed by the plaintiff — momentarily, the petitioner.

• The complaint must include the following elements.
• Heading — name and credentials of the petitioner.
• Jurisdiction and Venue
• Parties — the parties in the case, labelled plaintiff and defendant.
• Definitions — in case of strange words.
• Statement of Fact
• Cause of Action — cites case law and former precedents, making a numbered list of the counts or allegations.
• Injury — explains how the actions of the defendants harmed the petitioner's rights.
• Demand of Relief — demands relief, requesting judicial remedies.

c) The defendant, momentarily the respondent, issues the next pleading, the answer. This contains a response to the complaint, and may or may not include a counterclaim.
d) Should a counterclaim be filed, the petitioner may send a reply, responding to the answer and the counterclaim.
e) After the answer is filed, a judge shall be assigned to the case.
f) Either party may file a motion to the judge, whom sustains or overrules. These motions should include an argument for them and are as follows.

• Motion to Discover — opens a period of "discovery" to be set by the judge, in which evidence is reviewed and discussed by both parties pre-trial.
• Motion to Dismiss — drops the case and charges on legal grounds.
• Motion for a Summary Judgement — requests the judge to rule based on available evidence.

g) An initial status conference is held, in which the length of discovery and date of trial are determined.
h) Depositions and interrogatories are entered, parties prepare for trial and evidence is requested.
i) An issues conference is held, in which stipulations are made.

(2)

Trial procedure shall be as chronologically follows:

• The judge declares the court in order.
• The plaintiff makes their opening statement.
• The defence may or may not opt to provide their opening statement.
• Evidence is presented by the plaintiff.
• The plaintiff examines their first witness.
• The defence cross-examines this witness.
• This process continues for all of the plaintiff's witnesses.
• Any relevant motions are made and judged.
• Evidence is presented by the defence.
• The defence examines their first witness.
• The plaintiff cross-examines this witness.
• This process continues for all of the defence's witnesses.
• Final motions are made and judged.
• The plaintiff makes their closing argument.
• The defence makes their closing argument.
• The plaintiff may or may not opt to make a rebuttal.
• The judge considers the arguments and evidence, then presents the verdict.
• Post-verdict motions are made.
• The judge makes their judgement on the case.

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§6 - Criminal Trial Procedure
(1)

These rules govern the procedure in all civil actions and proceedings in the courts of Calaverde. They shall be administered to secure the just determination of every action and proceeding. Procedure shall be as follows:

• It is the burden of the prosecution to evidence that the defendant is guilty.
• The suspect is arrested.
• The defendant appears at an arraignment, in which they are read the charges and their rights. The judge decides on a bail.
• The parties may at this point discuss the case, particularly regarding potential plea bargaining.
• The defendant appears at their preliminary hearing. The prosecution attempts to prove to the judge that there is probable cause for the suspect's guilt. The Court hears how the defendant pleas and the trial is scheduled; or, the sentencing is scheduled if the defendant pleas guilty; or, the charges are dropped if the judge declines to see probable cause.
• When the trial begins, the judge declares the court in order.
• The prosecution makes their opening statement.
• The defence may or may not opt to make their opening statement.
• Evidence is presented by the prosecution.
• The prosecution examines their first witness.
• The defence cross-examines this witness.
• This process continues for all of the prosecution's witnesses.
• Any relevant motions are made and judged.
• Evidence is presented by the defence.
• The defence examines their first witness.
• The prosecution cross-examines this witness.
• This process continues for all of the defence's witnesses.
• Final motions are made and judged.
• The prosecution makes their closing argument.
• The defence makes their closing argument.
• The prosecution may or may not opt to make a rebuttal.
• The judge considers the arguments and evidence presented.
• The judge presents the verdict.
• Post-verdict motions are made.
• If the defendant is found guilty, the sentencing is scheduled.
• The judge determines a sentence for the criminal.

(2)

Bail, defined as the temporary release from prison prior to a trial, shall be administered in this manner:
a) All persons accused of a violent offence, defined for the exclusive purposes of this act as an offence either involving tangible and physical harm to another person, or involving a weapon, shall not be granted bail under any circumstance.
b) A court shall not grant bail to a person proven to have a high risk of fleeing the court's jurisdiction, if the offence they are accused of has the possibility of a prison sentence above 6 months or a fine/repayment superior or equal to $4,000, or to an individual at imminent risk of assassination or grievous bodily harm if they were to be released.
c) Other offenders are allowed to be granted bail by the court.
d) The court shall require some form of leverage or property to be deposited with it, proportional in value to the severity of the committed offence(s), in order to deter escape from its jurisdiction.
e) The court may order the person to check in with police or other judicial authorities while released on bail, and/or may order the police to provide a guard for the individual if they are considered:
i) A significant flight risk whose departure would prevent justice being done in a case that has the possibility of a prison sentence above 6 months or a fine/repayment superior or equal to $4,000.
ii) At risk of bodily harm or assassination by vigilantes, insurgents and other terrorists.

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§7 - Administrative Courts
(1)

All administrative courts, defined as non-legislative executive and judicial bodies that impose punitive measures or attempt to order the national government to commit an act against its will, that are not superior courts, shall be answerable to the judiciary, with the following criteria:
a) Any ruling by an administrative court may be appealed to the High Court of Appeal and then to the Supreme Court.
i) Either court may refuse to hear the case if it is deemed frivolous or otherwise has no legal importance or standing in terms of statutory and common law.
b) No administrative court shall impose punitive measures regarding imprisonment or detention, which shall be the exclusive purview of the judiciary and police services.
c) The superior courts may issue an emergency stay blocking the enforcement of the administrative court's decision until it can be properly examined by an actual tribunal of law.

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§8 - Customary Law of the Nations
(1)

The judicial system of Calaverde is to be based on the customary law of the land, which shall be interpreted to include:
a) The customary law of England, starting from time immemorial and up to the establishment of responsible government in Calaverde
b) Precedents and custom established by the courts, tribunals and conventions of Calaverde
i) All lower courts are bound by precedent set by superior courts.
ii) The High Court of Appeal is bound by precedent set by the Supreme Court of Calaverde.
iii) Courts may overrule precedents that they themselves have previously set, or precedent set by courts of their equal level in the judicial hierarchy.
c) The customary law of the nations (i.e. customary international law)

(2)

a) The statutory law of Calaverde takes precedence over the customary law of the land.
b) Precedents and custom established by the courts, tribunals and conventions of Calaverde take precedence over those of England.
c) If the court reasonably interprets established customary convention or precedent to be desuetude, it is not bound to follow it and may instead declare it to be null and void by inference.

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§9 - Statutory Interpretation
(1)

Superior courts of Calaverde shall have the power of statutory interpretation, namely the power to interpret perceived ambiguities in legislation, or conflicted sources of legislation, which shall be based on the following factors, in weighed order of importance for consideration by courts and tribunals:
a) The text of the law(s) in question, taken literally and with relevant context
b) The intent and context of the author(s) in writing the text of the law(s) in question, insofar as the intent is determined to be reasonable in the eyes of the court
c) The constitutional and legal relevance of the law(s) in question
d) The likely inferred or implied meanings of the law(s)
e) The date of enactment of the law(s) in question
i) The doctrine of lex posterior derogat priori is to be assumed unless the older law is of constitutional relevance and the newer one is not, in which case the former would hold superiority.
ii) Derogation may be used by the court instead of repeal in such a case.
f) The most sane and rational intent behind the law insofar as to not be insane or illogical

---

§10 - Reference Questions
(1)

a) National and sub-national government bodies may petition their respective superior court to set a legal precedent or give a legal opinion on an issue pertaining to the government's agenda.
b) Such a decision shall be bound by the same rules pertaining to the establishment of precedent as normal cases.
c) Such a decision may not be appealed, but may be overridden by later statutory law.

---

§11 - Judicial Review
(1)

Calaverdean courts have the power of judicial review:
a) The Supreme Court of Calaverde shall have the exclusive power of judicial review in Calaverde.
b) It shall have the power to revoke of parts of all of statutory law for the following reasons:
i) The parts or whole of the law in question has become desuetude.
ii) The parts or whole of the law in question contradicts constitutional documents or other statutes with elevated legal importance.
iii) The parts or whole of the law in question contradicts the principles of responsible government, namely peace, order and good government.
iv) The parts or whole of the law in question contradicts common law precedents of constitutional importance.
c) Such a decision cannot be appealed and may set precedent.
d) The rules for setting precedent remains as codified by Section 3.2d of the National Judiciary Act.
e) Revoked laws or sections of laws are considered to be null and void.

(2)

a) The Supreme Court of Calaverde may alternatively order the Senate to amend a law to not violate clauses 11.1b-i to 11.1b-iii, instead of revoking it.
b) The Senate is mandated to comply under threat of committing the criminal offences of contempt of court and obstruction of justice.
c) The court shall allow the Senate a reasonable period of time to comply, reasonable defined for the purposes of this section as between one (1) and twenty-four (24) months.

---

§12 - Ordinance of the National Procuratorate and of the Office of the Procurator-General
(1)

The National Procuratorate is hereby ordained as an executive department of the national government.
a) It shall be under the jurisdictional purview of the Ministry of Justice, which is required to provide adequate administration and funding to the service in order to maintain an acceptable degree of operation.
b) It shall be headed by a Procurator-General, who shall be appointed by the Minister of Justice, and be an existing state procurator.
c) The Procurator-General shall serve at the Minister's pleasure, and may be removed at any time by the Minister.
d) The Procurator-General shall maintain an Office of the Procurator-General, responsible for logistical coordination of the National Procuratorate.

(2)

a) The National Procuratorate shall be responsible for prosecuting all criminal cases and defending the state's position in judicial review, statutory interpretation and reference cases unless explicitly specified otherwise.
b) The National Procuratorate shall consist of persons that meet the following requirements:
i) Be in possession of a law degree or equivalent granted by a legitimate university or other institute of higher education, domestic or otherwise
ii) Be accredited as a member of the national bar association as recognised by the Ministry of Justice
iii) Be able to fluently speak an official language of Calaverde
iv) Swear the following oath on taking office: I, [name], swear that I will pursue justice without bias or discrimination, and that I will uphold the values and laws of the Republic of Calaverde. So help me God (second sentence is optional).
c) The payment of the salaries of procurators falling under the purview of the National Procuratorate shall be disseminated through the Office of the Procurator-General.

(3)

a) The National Procuratorate and Office of the Procurator-General shall have no law enforcement or prisoner detainment power of their own, but they may request law enforcement agencies to act upon warrants authorised by the former agencies.
b) The National Procuratorate shall have the power of warrant, to be executed by the Courts and Tribunals Service operating within the restrictions of the law. The warrants it may issue are as follows:
i) Warrant for arrest and detention
ii) Warrant for home arrest between specific hours
iii) Warrant for search and confiscation of private property pursuant to an active investigation
iv) Warrant for the banning of the entry of the subject in question to a specific location
v) Warrant for the mandatory check-in of the subject in question to a police station at specific hours
vi) Warrant for the authorisation of wiretapping or espionage against a subject in question

---

§13 - Ordinance of the Duty Counsel Service
(1)

The Duty Counsel Service is hereby ordained as an executive department of the national government.
a) It shall be under the jurisdictional purview of the Ministry of Justice, which is required to provide adequate administration and funding to the service in order to maintain an acceptable degree of operation.
b) It shall be headed by a Director of the Duty Counsel Service, who shall be appointed by the Minister of Justice, and be an existing member of the Duty Counsel Service.
c) The Director shall serve at the Minister's pleasure, and may be removed at any time by the Minister.
d) The Director shall maintain an Office of the Director of the Duty Counsel Service, responsible for logistical coordination of the National Procuratorate.

(2)

a) The Duty Counsel Service shall be responsible for providing free legal aid to defendants in all criminal cases unless explicitly specified otherwise.
b) The Duty Counsel Service shall consist of persons that meet the following requirements:
i) Be in possession of a law degree or equivalent granted by a legitimate university or other institute of higher education, domestic or otherwise
ii) Be accredited as a member of the national bar association as recognised by the Ministry of Justice
iii) Be able to fluently speak an official language of Calaverde
iv) Swear the following oath on taking office: I, [name], swear that I will pursue justice without bias or discrimination, and that I will uphold the values and laws of the Republic of Calaverde. So help me God (second sentence is optional).
c) The payment of the salaries of members of the Duty Counsel Service shall be disseminated through the Office of the Director of the Duty Counsel Service.

(3)

a) The Duty Counsel Service shall have no law enforcement or prisoner detainment power.

---

§14 - Ordinance of the Office of the National Public Advocate
(1)

The Office of the National Public Advocate is hereby ordained as an executive department of the national government.
a) It shall be under the jurisdictional purview of the Ministry of Justice, which is required to provide adequate administration and funding to the service in order to maintain an acceptable degree of operation; however the Ministry shall not attempt to influence it or pervert its fairness or neutrality.
b) It shall be headed by a National Public Advocate, who shall be appointed by the Minister of Justice and be a person qualified as a judge in Calaverde.
c) The National Public Advocate shall serve a single four year term and will then be required to be reappointed by the Minister of Justice for another term.
d) The National Public Advocate may be removed before the end of the term for the following reasons:
i) Incapability to correctly discharge duties resulting from problem, injury, or death
ii) Resignation tended to the Minister of Justice and accepted
iii) Impeachment by the Supreme Court for maladministration or incompetence in the face of duty

(2)

a) The Office of the National Public Advocate shall be responsible for investigating claims of civil rights violations and maladministration against the national government.
b) The Office of the National Public Advocate shall maintain a staff as large as may be necessary to fulfill its mandate reasonably.

(3)

a) The Office of the National Public Advocate shall have no law enforcement, prosecution or prisoner detainment power, but may mandate the police to enforce warrants obtained from the National Procuratorate.
b) The Office of the National Public Advocate shall have the power of subpoena.
c) The National Public Advocate may order the National Procuratorate to pursue criminal charges against individuals and to issue warrants for persons of interest.

---

§15 - Universal Jurisdiction
(1)

a) The Ministry of Justice is authorised to unilaterally deport all individuals indicted by the International Criminal Court or other United Nations-sanctioned international tribunal to the Netherlands or any other nation authorised by the ICC or other aforementioned tribunal to detain such individials, without hearing nor appeal.
b) Domestic courts are authorised to issue indictments for any and all individuals that violate international criminal statutes to which the Republic of Calaverde is a party, notwithstanding the location in which it was committed.
i) Domestic courts have jurisdiction over all war crimes and crimes against humanity committed in the known universe.
c) Because war crimes legislation is customary international law and war criminals are enemies of mankind and deserve no safe haven from justice, the ex post facto prosecution of war criminals and criminals against humanity whose acts were committed after 4 September 1900, the date of entry of the First Hague Convention, is authorised.

---

§16 - Offences Against Justice
(1)

The following as listed are offences that impede or otherwise attempt to pervert the proper administration of justice:
a) PERJURY is defined as lying or misleading, or attempting to do either act, under sworn oath before a court or tribunal, in a way that may affect the result of a case. Anyone that commits perjury is liable to imprisonment for a term not exceeding fifteen (15) years.
b) OBSTRUCTION OF JUSTICE is defined as obstructing or hindering the work of law enforcement, prosecutors, government regulators and the court. Anyone that commits obstruction of justice is liable to imprisonment for a term not exceeding twelve (12) years.
c) PERVERTING THE COURSE OF JUSTICE is defined as fabricating, tampering with, or knowingly destroying evidence, threatening explicitly or implicitly judges, court clerks and other legal officials, or attempting to commit the aforementioned acts. Anyone that commits the offence of perverting the course of justice is liable to imprisonment for a term not exceeding twenty-five (25) years.
i) It is not an offence for a suspect to mislead or lie to police or judicial authorities during an interrogation or questioning.
d) MISPRISION OF OFFENCE is defined as failing to report an offence under Calaverdean law that one is aware to have occurred. Anyone that commits the offence of misprision of offence is liable to imprisonment for a term not exceeding seven (7) years.
i) The suspect(s) cannot be charged with concealing their own offence.
e) COMPOUNDING OF OFFENCE is defined as attempting to bribe or otherwise corrupt a prosecutor or victim into dropping charges or hindering prosecution in a way unsanctioned by the court. Anyone that commits the offence of compounding of offence is liable to imprisonment for a term not exceeding sixteen (16) years.
f) CONTEMPT OF COURT is defined as being disobedient or disrespectful against an officer or order of the court. Anyone that commits the offence of contempt of court is liable to imprisonment for a term not exceeding sixteen (16) months and/or a fine of $25,000.
g) FAILURE TO APPEAR is defined as violating the conditions of bail, violating a judicial order to check in at a specific location, or any other judicial order mandating a suspect to report to authorities. Anyone that commits the offence of failure to appear is liable to imprisonment for a term not exceeding two (2) years and/or a fine of $50,000.

I noticed the director serves a four year term, and we had a whole bunch of issues when GN put that into the GEA. Still sifting through, expect more comments.

It matters in GEA because GEA deals with important offices. Director of the Courts and Tribunals Service is a completely OOCly useless position that I think will remain empty throughout the RP.

EDIT: ICly, it'd probably just be a non-player character.

[Lykens]

"Then we might as well ban alcohol, tobacco, automobiles, and anything sharp, and I correct, Senator? You are one hundred percent correct. This bill does not regulate the cannabis market. We must draft a bill to do so, if you are incapable of understanding this, I ask you, my honorable friend, why are you a legislator?"

''I disagree, fellow Senator. Your argument doesn't make any sense, it is absolutely nonsensical to say that we should legalize marihuana 'because tobacco is also bad.' The government should protect its citizens; and so am I, as a representative of the people.''

"You said we should protect our citizens. Alcohol harms our citizens, tobacco harms our citizens, and so do automobiles. For god sakes, our own citizens harm each other. You can not say 'Marijuana is harmful, so it must be illegal', when there are things accessible to our citizens that are as harmful, if not more."

I noticed the director serves a four year term, and we had a whole bunch of issues when GN put that into the GEA. Still sifting through, expect more comments.

It matters in GEA because GEA deals with important offices. Director of the Courts and Tribunals Service is a completely OOCly useless position that I think will remain empty throughout the RP.

EDIT: ICly, it'd probably just be a non-player character.

Alrighty, just checking.

[Valloria]

Senator Vogelheim shuffles by quietly mumbling, "Sorry, sorry. I'm so sorry, really sorry. Sorry I'm late, again, I'm sorry. Sorry," as he steps over the senators already seated.

[Calimera II]

''I disagree, fellow Senator. Your argument doesn't make any sense, it is absolutely nonsensical to say that we should legalize marihuana 'because tobacco is also bad.' The government should protect its citizens; and so am I, as a representative of the people.''

"You said we should protect our citizens. Alcohol harms our citizens, tobacco harms our citizens, and so do automobiles. For god sakes, our own citizens harm each other. You can not say 'Marijuana is harmful, so it must be illegal', when there are things accessible to our citizens that are as harmful, if not more."

''You are embarrassing yourself, senator. Like my father always said: El peor ciego es el que no quiere ver. 'The worst blind person is the one that doesn't want to see.' Tobacco is bad, yes, but unfortunately it was legalizes long time ago. Now you want to legalize another thing that is bad for the health of our citizens. What will come next? Allow underage marriage because ''tobacco and drugs are also bad and legalized.'' You are better than this, Encarnación.''

[Lykens]

"You said we should protect our citizens. Alcohol harms our citizens, tobacco harms our citizens, and so do automobiles. For god sakes, our own citizens harm each other. You can not say 'Marijuana is harmful, so it must be illegal', when there are things accessible to our citizens that are as harmful, if not more."

''You are embarrassing yourself, senator. Like my father always said: El peor ciego es el que no quiere ver. 'The worst blind person is the one that doesn't want to see.' Tobacco is bad, yes, but unfortunately it was legalizes long time ago. Now you want to legalize another thing that is bad for the health of our citizens. What will come next? Allow underage marriage because ''tobacco and drugs are also bad and legalized.'' You are better than this, Encarnación.''

"The fact that you compare underaged marriage to the legalization of marijuana is appalling, but that is a matter for another day. Crime is rampant because the drug, which is less harmful than tobacco, is used illegally. If we allow for it to be regulated and controlled, crime in that particular area will decline. I use the term area metaphorically. I still can not believe you just compared underaged marriage to the legalization of marijuana."

[Calimera II]

''You are embarrassing yourself, senator. Like my father always said: El peor ciego es el que no quiere ver. 'The worst blind person is the one that doesn't want to see.' Tobacco is bad, yes, but unfortunately it was legalizes long time ago. Now you want to legalize another thing that is bad for the health of our citizens. What will come next? Allow underage marriage because ''tobacco and drugs are also bad and legalized.'' You are better than this, Encarnación.''

"The fact that you compare underaged marriage to the legalization of marijuana is appalling, but that is a matter for another day. Crime is rampant because the drug, which is less harmful than tobacco, is used illegally. If we allow for it to be regulated and controlled, crime in that particular area will decline. I use the term area metaphorically. I still can not believe you just compared underaged marriage to the legalization of marijuana."

''And this bill doesn't regulate/control it. Crime will only increase with this bill because criminals get the monopoly on selling drug. Moreover, I find it laughable that you compare cannabis to the use of cars, but find it shocking when I follow your example and make a comparison with underage marriage. And really, it wouldn't surprise me to see you with a bill in your hand that allowed underage marriage.''

[Lykens]

"The fact that you compare underaged marriage to the legalization of marijuana is appalling, but that is a matter for another day. Crime is rampant because the drug, which is less harmful than tobacco, is used illegally. If we allow for it to be regulated and controlled, crime in that particular area will decline. I use the term area metaphorically. I still can not believe you just compared underaged marriage to the legalization of marijuana."

''And this bill doesn't regulate/control it. Crime will only increase with this bill because criminals get the monopoly on selling drug. Moreover, I find it laughable that you compare cannabis to the use of cars, but find it shocking when I follow your example and make a comparison with underage marriage. And really, it wouldn't surprise me to see you with a bill in your hand that allowed underage marriage.''

"If the right honorable gentleman is incapable of understanding how to write up legislation regulating the cannabis market, I do not think he should be a Senator. Furthermore, private, licensed and vetted enterprises would be the dispensaries of the drug. Unfortunately Senator, you have not taken up my advice of investing in hearing aids, I compared alcohol, tobacco, and automobiles, not cannabis. All three are harmful to our citizens, and all three are accessible to them, there is no reason for cannabis to not be as well. If the honorable gentleman would like to step outside of the chamber, where Parliamentary Privileges protect him from slander, I ask him to back up his baseless claims."

[The Nihilistic view]

"The fact that you compare underaged marriage to the legalization of marijuana is appalling, but that is a matter for another day. Crime is rampant because the drug, which is less harmful than tobacco, is used illegally. If we allow for it to be regulated and controlled, crime in that particular area will decline. I use the term area metaphorically. I still can not believe you just compared underaged marriage to the legalization of marijuana."

''And this bill doesn't regulate/control it. Crime will only increase with this bill because criminals get the monopoly on selling drug. Moreover, I find it laughable that you compare cannabis to the use of cars, but find it shocking when I follow your example and make a comparison with underage marriage. And really, it wouldn't surprise me to see you with a bill in your hand that allowed underage marriage.''

"Aren't the underage marriage party in your coalition? " Looks at the Shite party MPs

[Calimera II]

''And this bill doesn't regulate/control it. Crime will only increase with this bill because criminals get the monopoly on selling drug. Moreover, I find it laughable that you compare cannabis to the use of cars, but find it shocking when I follow your example and make a comparison with underage marriage. And really, it wouldn't surprise me to see you with a bill in your hand that allowed underage marriage.''

"If the right honorable gentleman is incapable of understanding how to write up legislation regulating the cannabis market, I do not think he should be a Senator. Furthermore, private, licensed and vetted enterprises would be the dispensaries of the drug. Unfortunately Senator, you have not taken up my advice of investing in hearing aids, I compared alcohol, tobacco, and automobiles, not cannabis. All three are harmful to our citizens, and all three are accessible to them, there is no reason for cannabis to not be as well. If the honorable gentleman would like to step outside of the chamber, where Parliamentary Privileges protect him from slander, I ask him to back up his baseless claims."

''If the right honorable gentleman is unable to understand that I am against legalization of marihuana, I urge him to resign. Unfortunately, you are unaware of the fact that marijuana and cannabis both have the same meaning, so your argument doesn't make any sense.''

[Lykens]

"If the right honorable gentleman is incapable of understanding how to write up legislation regulating the cannabis market, I do not think he should be a Senator. Furthermore, private, licensed and vetted enterprises would be the dispensaries of the drug. Unfortunately Senator, you have not taken up my advice of investing in hearing aids, I compared alcohol, tobacco, and automobiles, not cannabis. All three are harmful to our citizens, and all three are accessible to them, there is no reason for cannabis to not be as well. If the honorable gentleman would like to step outside of the chamber, where Parliamentary Privileges protect him from slander, I ask him to back up his baseless claims."

''If the right honorable gentleman is unable to understand that I am against legalization of marihuana, I urge him to resign. Unfortunately, you are unaware of the fact that marijuana and cannabis both have the same meaning, so your argument doesn't make any sense.''

Encarnacion rubbed his eyes.

"It is clear to me the honorable gentleman is quite obviously confused, and is replying to something he either imagined, or heard incorrectly."

[Calimera II]

''If the right honorable gentleman is unable to understand that I am against legalization of marihuana, I urge him to resign. Unfortunately, you are unaware of the fact that marijuana and cannabis both have the same meaning, so your argument doesn't make any sense.''

Encarnacion rubbed his eyes.

"It is clear to me the honorable gentleman is quite obviously confused, and is replying to something he either imagined, or heard incorrectly."

''You just compared marihuana to cars; it seems you are unaware of the fact that marihuana is exactly the same as cannabis, that's why I made that remark. You know this bill is crap and the sole reason you are defending it is because you want to see this country suffering.''

[Lykens]

Encarnacion rubbed his eyes.

"It is clear to me the honorable gentleman is quite obviously confused, and is replying to something he either imagined, or heard incorrectly."

''You just compared marihuana to cars; it seems you are unaware of the fact that marihuana is exactly the same as cannabis, that's why I made that remark. You know this bill is crap and the sole reason you are defending it is because you want to see this country suffering.''

"Senator, marijuana and cannabis are interchangeable terms. If you can not understand that, I can not help you. I did compare cannabis/marijuana to cars, as one does harm to people all the time, and is regulated properly. The other does harm to people very rarely, and is illegal. There is an issue with that."

[Soviet Canuckistan]

"I'll be voting against this bill due to its failure to address many other kinds of drugs and the sale of those drugs such as tobacco and narcotics such as cocaine. Also, do we want the cartels from South America and Mexico which have caused many internal conflicts in other nation setting up here to sell their drugs and causing trouble for Calaverde? I really doubt that. This issue has more facets than just ideology, we must consider the problems caused by this sort of law in a broader context such as the possibility for internal conflict and any additional burden on the healthcare system that may come about as a result of this law."

[The Nihilistic view]

"That is a very excellent point the honourable gentleman makes. Because considering the nations that most of these drugs in general come from what we could well be doing is fulling an illicit trade in narcotics and the gangs that control them in those countries unless at a bare minimum we criminalise the import and use of imported drugs."

[New Bierstaat]

"That is a very excellent point the honourable gentleman makes. Because considering the nations that most of these drugs in general come from what we could well be doing is fulling an illicit trade in narcotics and the gangs that control them in those countries unless at a bare minimum we criminalise the import and use of imported drugs."

"And spend a fair amount of time and other resources enforcing that law," said the senator representing greater Weselton, Jose Dalí.

"This will not be cheap," added the young actuary-turned-statesman.

[The Nihilistic view]

"That is a very excellent point the honourable gentleman makes. Because considering the nations that most of these drugs in general come from what we could well be doing is fulling an illicit trade in narcotics and the gangs that control them in those countries unless at a bare minimum we criminalise the import and use of imported drugs."

"And spend a fair amount of time and other resources enforcing that law," said the senator representing greater Weselton, Jose Dalí.

"This will not be cheap," added the young actuary-turned-statesman.

"No different to the health costs that come from having to fix people broken by drug abuse."