NationStates Law and Order: Open, OOC

[The New World Oceania]

Nationstates Mock Trial
Courthouse Rotunda | Procedures, Precedents, Penal Codes | Database | Main Thread
Ongoing Roleplays: Pressing the Charge, Charging the Press | Mad Science, Angry Science, Furious Science | reserved

[violet] | did | the | dos | expose | the real | truth

Announcements:

- This is now a thing.
- Apply even if not interested in any current trials or even being a lawyer: we have space for attorneys, judges, witnesses, and juries. And secretaries, if you're into that.
- Wyllie v Florida Press Association OOC is accepting applications.

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[i]Do you swear to tell the truth, the whole truth, and nothing but the truth?[/i]
[b]Main Nation:[/b]
    [b]Primary Character Name:[/b]
    [b]Areas of Legal Interest:[/b]
    [b]Positions of Interest:[/b]
    [b]Former Mock Trial/MUN/Actual Law Experience:[/b]
    [b]RP Examples:[/b] (optional)

    [b]Miscellaneous:[/b]

Introduction:
Lady Justice, a symbol of justice — she is depicted as a goddess equipped with three items: a sword, symbolising the coercive power of a court; scales, representing an objective standard by which competing claims are weighed; and a blindfold, indicating that justice shall be impartial and meted out objectively, without fear or favor and regardless of money, wealth, power, or identity. –David Luban, Law's Blindfold

Welcome to NationStates Mock Trial, a roleplaying group based in the courtroom. The group is open to anyone, and trials are organized by the roleplayers themselves, pre-trial to verdict. We accept anyone interested in law or in becoming educated on trials. NS Mock Trial is not script-based but roleplay-centric, but it is still meant for realism. The system of law in the courtroom is up to the trial's organizers, and can include anything from the modern American Justice System to English Renaissance law to ICJ procedure to legal systems from other RPs. Revolving around rational decisions and an understanding of law, this RP is designed to simulate law in a way that no roleplay on NationStates has done before. You will take on your role as a character or several, acting as an attorney, judge, juror, or other figure whenever the position suits your taste.

The court is in order. Are you prepared to begin?

Information:
Where Should I Start? Fill out and post the application below. Feel free to assume your acceptance immediately, then post a character bio in the database thread. Finally, either join an ongoing trial or start a new one. You will soon become a physical extension of the courtroom.
How do I Create a Character? There is a very basic layout pre-made in the database OP, in addition to a few more detailed layouts. If you wish, you can also format your own database post in order to stand out.
How do I Join a Trial? Look in this thread for any announcements of new trials or plans to start them and express your interest in joining. Alternatively, see immediately below for a list of ongoing trials: apply to join them or telegram their organizers to find a place.
How do I Start a Trial? Post here to find interest in your idea for a case. If this proves significant, post a thread for the trial with an application available for joining. Allow substantial time for the pre-trial, followed by the hearings and actual trial.
I Don't Understand Law! There is an explanation of court procedure below, alongside various precedents and penal codes. A law school thread is currently in order to offer resources on law. If anything, merely read and join the trials here for an understanding of how the system functions.
Members are encouraged to include the following in their signatures.
NS LAW & abcdORDER RP GROUP

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[url=http://forum.nationstates.net/viewtopic.php?f=31&t=314691][color=#FFFFFF][background=#000040]NS LAW & [size=1]ab[/size][/background][background=#BF0000][size=1]cd[/size]ORDER RP GROUP[/background][/color][/url]

Distinguished Members:
Admins – The New World Oceania
Lovely and Important People – you~~

Roster:

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Trials:
~

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Members:
~Great Nepal
~Lolloh
~The New World Oceania
~New Zepuha
~Pimps Inc
~Somstratzka
~The Strategic Air Command
~Themiclesia
~Tribea
~The Valen Empire
~Valrifell
~Yitzchak Winternitz
~Zunkwentania

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Other Roleplays:
~Pressing the Charge, Charging the Press
~Mad Science, Angry Science, Furious Science

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Application:
Do you swear to tell the truth, the whole truth, and nothing but the truth?

Code: Select all

[i]Do you swear to tell the truth, the whole truth, and nothing but the truth?[/i]
[b]Main Nation:[/b]
    [b]Primary Character Name:[/b]
    [b]Areas of Legal Interest:[/b]
    [b]Positions of Interest:[/b]
    [b]Former Mock Trial/MUN/Actual Law Experience:[/b]
    [b]RP Examples:[/b] (optional)

    [b]Miscellaneous:[/b]

---

Good luck before Justice!

[The New World Oceania]

Understanding Systems of Law

Common Law | Civil Law | Sharia Law | Socialist Law | Resources

Over the course of history, humans have adapted their methods of maintaining order by establishing law to stay in accordance with:

a) What they considered to be fair,
b) Their idea of "reasonable," and
c) Common religious beliefs in he jurisdiction.

Although every civilization had its own system of law, four still survive in modern societies, which can be further grouped by two different systems. These four legal systems are English common law, civil law, Socialist law, and Sharia law. English and Sharia law belong to common law; civil law and Socialist law are forms of civil law.

Common law is a system whose law is derived from past rulings made by judges. That is to say, in common law jurisdictions — such as the United States, the United Kingdom, Australia, and India — laws are determined by trials. Legislators don't pass penal codes or statutes to decide what's legal and what punishments entail certain offenses: instead, judges and juries play an active role in building the justice system. This means that if two cases are identical but have different judges, juries, and litigants, they will result in the exact same rulings regardless. The laws of common law are known as precedent and case law.

In civil law, the law is based on several documents. These are the penal code, legislation, regulations, and codifications. Used by most of the world, including nearly all of Europe, Asia, and South America, civil law derives its legal process from the penal code, which details offenses and their consequences and is updated frequently, legislation and regulations, from the legislative and executive branches of governments respectively, and codifications, often found in the constitution. Historically, it has included the Code of Hammurabi, Roman Law, and the Napoleonic Code. Civil law is not developed by judges but interpreted by them in trials. As a result, two judges could potentially have different rulings for the same case.

Below, we detail the procedures for different types of these legal systems, in addition to including resources for case law and codifications.

Court Procedure

English Common Law
English Common Law is a system of common law, based on precedents and case law. The trial often includes a judge, a defendant, a prosecutor or plaintiff, and a jury. English Law originated in England during the 12th Century. It can be divided into criminal law and civil law.
Civil law is between individuals or entities. It is used when one party, the plaintiff, wishes to sue or press charges against another, the defendant. These cases are when we see titles such as "Marbury v. Madison" or "Brown v. Board of Education."
Criminal law is between the prosecutors, that is, the government maintaining order, and a suspected criminal arrested for a crime. The trial consists of a judge, the prosecution (run by the government), the defense (suspected of a crime), and a jury. Criminal cases are typically titled with the criminal and the State, like unto "State v. Cushman" and "People v. Thomas," although this is not always true, such as when the State adopts the case from a petitioner who was pressing a civil case.

The procedures, namely in the United States but elsewhere applicable, are as follows.
Civil Trial
Pre-Trial

• It is the burden of the plaintiff to evidence that they have a legitimate claim.
• The suit is filed beginning with the pleadings. The first pleading is the complaint, filed by the plaintiff — momentarily, the petitioner.
• The complaint should 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, optional.
  • 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.
• A guide to writing a complaint.
• The defendant, currently the respondent, issues the next pleading, known as an answer. This contains a response to the complaint, and sometimes a counterclaim.
• A general idea of writing an answer.
• If a counterclaim is filed, the petitioner can send a reply, responding to the answer and the counterclaim. It goes on ad infinitum. We escape the pleadings process with the following step.
• A motion is made to the judge by one party. For the plaintiff, this will be a motion to discover, seeking to start the case itself; the defendant might make a motion to dismiss, meaning the case has no real legal basis and ought to be ignored; the plaintiff might also file a motion for a summary judgement, which is the plaintiff's equivalent of the defendant's motion to dismiss.
• Some other common motions.
• The judge rules on these motions, typically in favor of the motion to discover.
• If the motion to discover is sustained, the plaintiff and defense have an initial status conference. They discuss when the trial will begin, who the witnesses will be, and what evidence will be presented.
• The parties can go forward with depositions, interrogatories, and requesting information.
• An issues conference is held, in which stipulation are made. These are agreements on undisputed facts by both sides of the case.
• The trial begins.

Trial

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

Criminal Trial
Pre-Trial

• 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 (or Grand Jury, if you are so inclined) 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.

Trial

• The judge declares the court in order.
• The prosecution makes their opening statement.
• The defense makes their opening statement.
• Evidence is presented by the prosecution.
• The prosecution examines their first witness.
• The defense 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 defense.
• The defense examines their first witness.
• The prosecution cross-examines this witness.
• This process continues for all of the defense's witnesses.
• Final motions are made and judged.
• The prosecution makes their closing argument.
• The defense makes their closing argument.
• The prosecution may or may not opt to make a rebuttal.
• The judge instructs the jury on deliberating.
• The jury deliberates, then 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.

Continental Civil Law
Civil Law is the world's most popular legal system, based on a codified law which is interpreted by judges. The trial often includes a judge, a defendant, and a prosecutor or plaintiff. Civil law was first employed in the Code of Hammurabi, but is typically considered to have begun with the Roman Empire. It can be divided into private law and public law.
Private law is between governs relationships between individuals. It includes civil law — in the same sense as the term is used in common law jurisdictions — and commercial law.
Public law governs the relationship between the State and individuals. It includes criminal law, again as is coined in countries which use common law systems, administrative law, and constitutional law.

The procedures, those used in France and Germany especially, are as follows.
Private Law
Pre-Trial

• It is the burden of the plaintiff to evidence that they have a legitimate claim.
• The suit is filed beginning with the complaint, filed by the plaintiff's lawyer. There is no self-representation in civil law jurisdictions.
• The complaint should include the plaintiff and defendant names, the facts of the case, the legal grounds of the claim, and the specific relief requested.
• Once the Court files the complaint and the defendant gets an attorney, the plaintiff and defense meet with the judge. They discuss when the trial will begin, who the witnesses will be, and what evidence will be presented.
• The trial begins.

Trial

• The judge explains the facts and gives a summary of the case.
• The plaintiff makes their argument.
• The defense makes their argument.
• A prepared file of evidence is presented by the plaintiff.
• A prepared file of evidence is presented by the defense.
• The judge asks any questions about the evidence to the attorneys.
• The judge presents a closing summary.
• The following two steps are skipped in France.
• The judge asks the litigants if they would like to settle.
• If so, the parties reach a settlement with each other. If not:
• The judge makes their judgement on the case.

Public Law
Pre-Trial
(The following is specifically in regards to criminal trials: other public law cases may share elements of the above pre-trial proceedings.)

• 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 and the trial date is set.

Trial

• The judge explains the facts and gives a summary of the case.
• The prosecution makes their argument.
• The defense makes their argument.
• A prepared file of evidence is presented by the prosecution.
• A prepared file of evidence is presented by the defense.
• The judge asks any questions about the evidence to the attorneys.
• The judge interrogates any witnesses.
• The judge presents a closing summary
• The judge makes their judgement on the case.
• If the defendant is found guilty, the judge presents the sentence at a later appearance.

See more on French and German civil legal procedures in this comparative law study.

Sharia Law
Sharia Law is the religious law of Islam and is practiced in contemporary times by countries under Muslim rule. The trial consists of a judge, a defendant, and the plaintiff; Sharia Law almost never features juries, and lawyers play no role in the courtroom, leaving litigants to fight pro se. Sharia Law is based on fiqh, Islamic jurisprudence, and the Qur'an.

Procedure is as follows:
Pre-Trial

• There is little pre-trial in Sharia Law compared to other legal systems.
• The suit begins when the plaintiff files a claim memorandum.
• The claim should include the following elements:
  
  • The full name, occupation, and residence of plaintiff.
  • The full name, occupation, and residence of defendant.
  • The date of submission of the claim memorandum.
  • The court with which the lawsuit is filed.
  • The plaintiff's claim and support therefor.
• Motions exist, but generally only for administrative purposes; the only potential motion we would use would be to bring another party into the case.
• The trial begins soon after the claim memorandum is filed.

Trial

• The litigants appear when scheduled.
• The plaintiff reads their claims.
• The defendant similarly reads their statement. These statements are written and part of the case file.
• The judge interrogates the plaintiff.
• The judge interrogates the defendant.
• The judge interrogates witnesses (whom the judge chooses).
• During the inquiries, either side may request a reply for themselves or for the other litigant, which the judge may grant or overrule
• The plaintiff makes their closing argument.
• The defendant makes their closing argument.
• The gives their ruling.
• The plaintiff and defendant deliberate what the charges shall be (if the defendant is guilty). The judge is the final arbitrator of this matter and bases the settlement off of religious texts.

Socialist Law
Socialist Law was at one point a major legal system, using Marxist theory and the function of the single-party state to govern. The trial often includes a Judicial Committee, a defendant, and a prosecutor or plaintiff. Socialist law existed in most communist countries, and still has a bearing on modern Chinese law.

The procedures are as follows.

Pre-Trial

• It is the burden of the Court to prove the defendant guilty.
• The suit is filed beginning with the complaint, filed by the plaintiff. It must include the name and occupation of the plaintiff and the name of the defendant in addition to the reason for the lawsuit, the evidence for this, and the names of any potential witnesses.
• The Court reviews the complaint and decides if it is substantial. If they do, the Court requests evidence from both parties within a particular period of time.
• After this, the evidence is exchanged by the Court and the trial is scheduled.
• The trial begins.

Trial

• The first phase of the trial is the investigation phase.
• The Court and the attorneys overview the evidence and discuss it.
• The second phase of the trial is the debate phase.
• The attorneys argue each point of the issues in the case.
• The third phase of the trial is the closing arguments phase..
• The plaintiff presents their concluding statement.
• The defense presents their concluding statement.
• The Judicial Committee asks the litigants if they would like to settle.
• If so, the parties reach a settlement with each other. If not:
• The Judicial Committee dismisses the court.
• They release their judgement in writing, with the names of the plaintiff and defendant, the facts of the case. the reason for coming to this conclusion, and the charges to be pressed.

International Court of Justice
in progress

Codifications and Case Law Resources

Common Law

United Kingdom
Every House of Lords case ever. Until 2009, at least.
England/Wales Supreme Court cases of notability.
Most important House of Lords cases.
Landmark cases.
United States
Landmark cases.
Shorter list of important cases.
Australia
High Court cases.
Canada
Landmark cases.

Feel free to request addition of resources for any jurisdiction in this thread. This section is consistently updated.

Civil Law
A lot of laws.

French Law
Cornell's guide to French law.
French Civil Code
German Law
German Criminal Code
Roman Law
Justinian Code
Rome's tragic attempt at their Twelve Tables
Napoleonic Code
It's enormous

Feel free to request addition of resources for any jurisdiction in this thread. This section is consistently updated.

Religious Law

Sharia Law
Canonical Law

Feel free to request addition of resources for any jurisdiction in this thread. This section is consistently updated.

Socialist Law

China
Soviet Union
North Korea

Feel free to request addition of resources for any jurisdiction in this thread. This section is consistently updated.

[Valrifell]

I will read this later when I'm feeling less sad and lazy!

[The Valen Empire]

Seems interesting. Though I do prefer an FT or FTL setting. Can you accommodate?

[The New World Oceania]

Seems interesting. Though I do prefer an FT or FTL setting. Can you accommodate?

If we can determine the legal system, any setting can work. That means ancient Cannanite law all the way to a post-earth FTL trial.

[The New World Oceania]

Roleplay idea: Wyllie v. Florida Press Association.

Background: Adrian Wyllie is a Libertarian candidate for a Florida Governor. With a third-party, he's having trouble campaigning against the Republican and Democratic candidates. The televised public debate are his big chance to get his name out: however, the Florida Press Association refuses to allow him to join the debate.
The Supreme Court ruled, in 1998, that no candidate with a substantial campaign could be excluded from televised public debates. In 2006, Max Linn, Reform candidate for Florida Governor, held Max Linn v. Florida Public Broadcasting Service over his inclusion in the debates and won; an appeal took him out of one of the debates.
Wyllie is now litigating for inclusion. The roleplay would include Wyllie, his attorney, Dean Ridings (FPA President), the FPA attorneys (they're likely to have more than once working on the case), a judge, jurors, and witnesses if necessary.

Thoughts?

[The Valen Empire]

I'd gladly be the judge for this. I have no respect for freedom of the press, but I also love bullying corporate media. I'm perfectly impartial. I hate both sides equally.

[The New World Oceania]

Roleplay idea: Wyllie v. Florida Press Association.

Background: Adrian Wyllie is a Libertarian candidate for a Florida Governor. With a third-party, he's having trouble campaigning against the Republican and Democratic candidates. The televised public debate are his big chance to get his name out: however, the Florida Press Association refuses to allow him to join the debate.
The Supreme Court ruled, in 1998, that no candidate with a substantial campaign could be excluded from televised public debates. In 2006, Max Linn, Reform candidate for Florida Governor, held Max Linn v. Florida Public Broadcasting Service over his inclusion in the debates and won; an appeal took him out of one of the debates.
Wyllie is now litigating for inclusion. The roleplay would include Wyllie, his attorney, Dean Ridings (FPA President), the FPA attorneys (they're likely to have more than once working on the case), a judge, jurors, and witnesses if necessary.

Thoughts?

I'd gladly be the judge for this. I have no respect for freedom of the press, but I also love bullying corporate media. I'm perfectly impartial. I hate both sides equally.

The roleplay is up.

[Pimps Inc]

Do you swear to tell the truth, the whole truth, and nothing but the truth?
Main Nation:
First Character Name:
Areas of Legal Interest:
Positions of Interest:
Former Mock Trial/MUN/Actual Law Experience:
RP Examples: (optional)

Miscellaneous:

WIP

[Yitzchak Winternitz]

Do you swear to tell the truth, the whole truth, and nothing but the truth? I swear
Main Nation: Yitzchak Winternitz
First Character Name: Zach David Wright
Areas of Legal Interest: Military law, Civil rights, Constitutional law
Positions of Interest: Solicitor/Lawer or a Witness in cases
Former Mock Trial/MUN/Actual Law Experience: II RP's
RP Examples: (optional)

Miscellaneous:

[Zunkwentania]

Tag

[Themiclesia]

Do you swear to tell the truth, the whole truth, and nothing but the truth?

I affirm.

Main Nation: Themiclesia
First Character Name: Roland S. Tindal SJ
Areas of Legal Interest: English common law, speciality in personal and mixed actions
Positions of Interest: Barrister
Former Mock Trial/MUN/Actual Law Experience: [OoC] a decorated MUN participant many times, and with a lawyer as parent who babbles about his word all day long, including sleep
RP Examples:

Murder Party Takes Over Themiclesia (II)
Two Hearts Twice Divided (II)
International Exchequer of Pleas (didn't really get off the ground, but relevant, II)

Miscellaneous: Pretty excited for this.

[Great Nepal]

So definitely interested, tag.

[Tribea]

Do you swear to tell the truth, the whole truth, and nothing but the truth? Yes
Main Nation: Tribea
First Character Name: Victor Martinez Krause
Areas of Legal Interest: Violent Crimes/Civil Law
Positions of Interest: Attorney(both sides)/Witness
Former Mock Trial/MUN/Actual Law Experience: None
RP Examples: (optional)

Miscellaneous:

[Great Nepal]

Do you swear to tell the truth, the whole truth, and nothing but the truth? I move to quash the subpoena on grounds that it is beyond the geographical limits.
Main Nation: Great Nepal
First Character Name: Shadak Lucio
Areas of Legal Interest: Common law, specializing in criminal law
Positions of Interest: Attorney
Former Mock Trial/MUN/Actual Law Experience: Not much with exception of NSG senate
RP Examples: (optional)

Miscellaneous:

[The New World Oceania]

OP is now updated with all current members, including those awaiting approval.
Don't forget to take a look at our Pressing the Charge, Charging the Press RP, which will include the trial of Wyllie v the Florida Press Association and relevant appeals. The case still needs a plaintiff/prosecuting attorney, the plaintiff, witnesses, jurors, and the defendant.

—The New World Oceania

[Yitzchak Winternitz]

Can I suggest a wiretapping case eg; average innocent citizen whom has wiretaped vs. the National Security Agency..

[Themiclesia]

Can I suggest a wiretapping case eg; average innocent citizen whom has wiretaped vs. the National Security Agency..

But is the NSA a legal individual that can be sued for damages?

[Yitzchak Winternitz]

Can I suggest a wiretapping case eg; average innocent citizen whom has wiretaped vs. the National Security Agency..

But is the NSA a legal individual that can be sued for damages?

I'm not sure however the NSA has been taken to court before under similar circumstances, so possibly.
http://www.uscourts.gov/Multimedia/Cameras/NorthernDistrictofCalifornia/08-cv-04373.aspx like this

[Themiclesia]

But is the NSA a legal individual that can be sued for damages?

I'm not sure however the NSA has been taken to court before under similar circumstances, so possibly.

I'm fine and dandy with that.

[Yitzchak Winternitz]

I'm not sure however the NSA has been taken to court before under similar circumstances, so possibly.

I'm fine and dandy with that.

Cool

[Themiclesia]

I'm fine and dandy with that.

Cool

For a common law cause, do we do common law pleading or code pleading?

[The New World Oceania]

Can I suggest a wiretapping case eg; average innocent citizen whom has wiretaped vs. the National Security Agency..

But is the NSA a legal individual that can be sued for damages?

The NSA can be held liable for damages in a civil court by an individual or entity (Jewel v the NSA) In this case, the NSA can go after the individual in a civil case, but they'd likely lose unless they could prove they were harmed by the wiretapping and it wouldn't call upon imprisonment or criminal charges of the defendant: rather, a criminal suit would be filed against the wiretapper, something like United States v Wiretapper, and the NSA would play a major role in evidence and the prosecution.

If you have enthusiasm for the case, I definitely suggest writing an OP and general plan for it and posting it here for critiques and opinions. Then, you could post the actual threads for the RP and it would be included in this OP and good-faithedly advertised here, members being encouraged to join. It certainly sounds like an interesting roleplay and trial...

"The defense calls Edward Snowden as an expert witness."
*television broadcasting Snowden is wheeled to stand*

[The New World Oceania]

Cool

For a common law cause, do we do common law pleading or code pleading?

In the United States, I believe it's usually a code pleading.

[Themiclesia]

For a common law cause, do we do common law pleading or code pleading?

In the United States, I believe it's usually a code pleading.

That's kind of a disappointment. I'm better read on common law pleading than code pleading, but I can adapt.