NATION

PASSWORD

Your Legal/Judicial System.

A place to put national factbooks, embassy exchanges, and other information regarding the nations of the world. [In character]
User avatar
Frenequesta
Powerbroker
 
Posts: 9047
Founded: Oct 22, 2010
Left-Leaning College State

Your Legal/Judicial System.

Postby Frenequesta » Sun Oct 31, 2010 11:24 pm

A little survey concerning the judicial/legal system of your nation:

Judicial:
1) Highest Court Name:
2) How many justices/judges are there on this court?
3) What other courts are under it, if any?
4) Are any of these courts afforded judicial review? If so, is it for legislative actions, executive actions, or both?
5) Are judges appointed or elected? Do they serve for terms or do they have life tenure?
6) Are judicial decisions based more on common law or civil law?

Trial System:
7) Does your nation use an adversarial or inquisitorial system?
8.) Are trials public?
9) Are juries used? If so, are they in civil cases, criminal cases, or both? Does a grand jury review the case before it comes to a formal trial?
10) If you have juries, are they required to submit reasons for their verdict?
11) Does the state provide attorneys for the destitute?
12) Does the state employ a presumption of innocence or guilt?

Trivia:
13) Who represents the State in cases where the State is a party (Name of Position and person occupying it)?
14) What percentage of cases (civil and criminal) actually go to trial?
15) Is there a damages cap for torts?

If there is anything else important I neglected to mention, ask me to add it!
Last edited by Frenequesta on Sun Oct 31, 2010 11:25 pm, edited 1 time in total.
I’m mostly here for... something to do, I suppose.

User avatar
Robotalica
Spokesperson
 
Posts: 152
Founded: Oct 30, 2010
Ex-Nation

Postby Robotalica » Mon Nov 01, 2010 1:14 am

1) Highest Court Name: The High Court of Consequence
2) How many justices/judges are there on this court? A single and powerful AI
3) What other courts are under it, if any? The Court of servitude, The Court of Penalty, The Court of Grandure, The Centralist Court
4) Are any of these courts afforded judicial review? If so, is it for legislative actions, executive actions, or both? Yes, Both.
5) Are judges appointed or elected? Do they serve for terms or do they have life tenure? They are appointed, Considering each AI is made specifically for its court.
6) Are judicial decisions based more on common law or civil law? They are based on the programmed consequence in the AI, from Flogging to Termination.

Trial System:
7) Does your nation use an adversarial or inquisitorial system? Adversarial
8.) Are trials public? No.
9) Are juries used? If so, are they in civil cases, criminal cases, or both? Does a grand jury review the case before it comes to a formal trial? No, they are not.
10) If you have juries, are they required to submit reasons for their verdict? No, we do not have Juries
11) Does the state provide attorneys for the destitute? Absolutly not.
12) Does the state employ a presumption of innocence or guilt? Guilt

Trivia:
13) Who represents the State in cases where the State is a party (Name of Position and person occupying it)? The Governmental AI, or The Supervisor
14) What percentage of cases (civil and criminal) actually go to trial? 100%
15) Is there a damages cap for torts? No.
I am your Judge. I am your Jury. I am your Executioner. I have already decided your sentence, Death.

You Vermin decided on life and death, well, now that choice has fallen into my hands. I will not be Swayed by the peers of my nation. What your view on humane is my view on not enough punishment. You insects deserve nothing more than being exterminated by us. Our Bombs. Our Armies. Our power. This is the way Man shall fall and Machine shall rise from Mans Ashes. This is Robotalica

User avatar
Tretskivucia
Chargé d'Affaires
 
Posts: 430
Founded: Oct 08, 2009
Democratic Socialists

Postby Tretskivucia » Mon Nov 01, 2010 1:27 am

1) Highest Court Name: Tretskivucian National People's Court
2) How many justices/judges are there on this court? 20
3) What other courts are under it, if any? Tretskivucian People's Court of Lesser Disputes, Tretskivucian National People's Court of Greater Disputes, Tretskivucian Compensation Court
4) Are any of these courts afforded judicial review? If so, is it for legislative actions, executive actions, or both? yes, both
5) Are judges appointed or elected? Do they serve for terms or do they have life tenure? elected, they serve for 2 years
6) Are judicial decisions based more on common law or civil law? both, with a bit of morality

Trial System:
7) Does your nation use an adversarial or inquisitorial system? no
8.) Are trials public? yes
9) Are juries used? If so, are they in civil cases, criminal cases, or both? Does a grand jury review the case before it comes to a formal trial? yes, both, yes
10) If you have juries, are they required to submit reasons for their verdict? yes
11) Does the state provide attorneys for the destitute? yes
12) Does the state employ a presumption of innocence or guilt? no

Trivia:
13) Who represents the State in cases where the State is a party (Name of Position and person occupying it)? Defendant of the State in Court, Boris Krazenkov
14) What percentage of cases (civil and criminal) actually go to trial? 100%
15) Is there a damages cap for torts? yes
Winner Cup of Peace I
Almost-last-place WCoH
5th in group for WC51 qualifications (failed to qualify)
Qualified WC53! - Made it to the Round of 16
3rd Place COH46
Qualified WC55
Second Place Cup of Harmony 48

User avatar
Anagonia
Senator
 
Posts: 3824
Founded: Dec 18, 2003
Democratic Socialists

Postby Anagonia » Mon Nov 01, 2010 4:02 am

Judicial
1) Highest Court Name
Supreme Court of the Confederacy
2) How many justices/judges are there on this court?
Currently Seven. An additional judge shall be added upon the addition of a new state.
3) What other courts are under it, if any?
-Regional Court of the Confederacy (Rules over decisions dictated by state courts, if needed)
-State Court for the Confederate States (Rules over decisions dictated by courts within counties and cities)
-Municipal Court of the Confederate States (Rules over decision dictated by cities and townships)
-City Court/Township Court (First in the line of courts to rule over decisions)
4) Are any of these courts afforded judicial review? If so, is it for legislative actions, executive actions, or both?
Only the Supreme Court is exempt from executive review, with exception of legislative action permitting executive review. All other courts abide by standard laws concerning State Executive exemptions and legislative review.
5) Are judges appointed or elected? Do they serve for terms or do they have life tenure?
Judges for the Supreme Court of the Confederacy are elected by the People of the States from which they represent. Judges from the Regional Courts are appointed by executive authority. All other judges concerning all other courts are elected.
6) Are judicial decisions based more on common law or civil law?
Common Law.

Trial System
7) Does your nation use an adversarial or inquisitorial system?
Adversarial.
8.) Are trials public?
This is determined by ruling of the presiding judge and/or jury.
9) Are juries used? If so, are they in civil cases, criminal cases, or both? Does a grand jury review the case before it comes to a formal trial?
A jury is selected if the defendant uses his right to trail by jury. Only in cases of extreme criminal misconduct and prosecution by the Military Police is a grand jury issued to review the case.
10) If you have juries, are they required to submit reasons for their verdict?
Yes. The Constitution of the Confederate States explicitly states that all men have the right to know their fate and reasons for it in the court of law.
11) Does the state provide attorneys for the destitute?
Yes. The Constitution of the Confederate States prohibits a trial without a proper attorney present for the defendant.
12) Does the state employ a presumption of innocence or guilt?
All men are presumed innocent until proven guilty in a court of law.

Trivia
13) Who represents the State in cases where the State is a party (Name of Position and person occupying it)?
In cases where the People of the Confederate States VS. The Government of the Confederate States the Confederate Military is required by Constitutional Law to properly and professionally represent the People of the Confederate States and their case against the Government. The Government of the Confederate States is required by Constitutional Law to represent itself with proper and professional State Attorneys privy to the situation and expert to information concerning the case.
14) What percentage of cases (civil and criminal) actually go to trial?
Depending of Judicial Review, about 75% of cases submitted to the Confederate Judicial System make it to trail. Municipal Courts see a lesser percentage due to the civil action cases.
15) Is there a damages cap for torts?
Yes. Depending on the defendants capability to effectively pay according to Judicial and/or Jury ruling. In such cases damages owed may be lessened and/or stated to payments according to how much can be returned via financial means.
Last edited by Anagonia on Mon Nov 01, 2010 4:03 am, edited 1 time in total.
Founded: September 14th, 0 AUR
Capital: Liberty, State of Liberty, CSA
President: Mileethus Canisilus
Population: 430.5 Million Anagonians
GDP: D$34.1 Trillion
The Confederate States of Anagonia (MT/PMT)
An autonomous unity; A Confederate Republic whole.
Left-leaning Libertarianism - Human/Non-Human Society
Current Canon Year: 108 AUR (2034 AD)
Embassy Exchange Link | GATORnet v0.5.2b

User avatar
Lexembourg
Spokesperson
 
Posts: 122
Founded: Jul 15, 2010
New York Times Democracy

Postby Lexembourg » Mon Nov 01, 2010 4:57 am

Judicial:
1) Highest Court Name: The Supreme Court of Lexembourg. The Supreme Court has two divisions - the First Senate and the Second Senate. The First Senate hears all legal challenges on a basis of constitutionality; the Second Senate hears final appeals for criminal and civil cases.
2) How many justices/judges are there on this court? Seven Lords High Justice on the First Senate; nine Lords High Justice on the Second Senate
3) What other courts are under it, if any? The Court of Appeal of Lexembourg - hears civil and criminal appeals from the lower courts
The High Court of Lexembourg - hears civil cases
Her Majesty's Court of Justice - hears criminal cases
4) Are any of these courts afforded judicial review? If so, is it for legislative actions, executive actions, or both? The High Court may conduct private applications for judicial review from individual natural or legal persons, if the challenged action is contrary to statute law. Appeal is to the Second Senate of the Supreme Court, since it is essentially a private civil suit. If the action is in contravention of the Constitution, the application goes straight to the First Senate of the Supreme Court.
5) Are judges appointed or elected? Do they serve for terms or do they have life tenure? Judges are appointed. Judges in the lower courts have life tenure - unless removed by a resolution of the Senate. Lords High Justice of the Supreme Court are nominated by the Lord High Chancellor (Head of Government) and approved by a super-majority in the Senate. They serve for a five-year term, upon the expiration of which they may be re-elected by a simple majority of the Senate, without the need for re-nomination by the Chancellor. There is a limit of four terms for Supreme Court Justices.
6) Are judicial decisions based more on common law or civil law? Common Law

Trial System:
7) Does your nation use an adversarial or inquisitorial system? Adversarial
8.) Are trials public? Yes, unless evidence is presented to the Judge that it is in the best interests of the parties to the trial that it be conducted without a public audience. It is rare, but in some drugs offences and terrorist charges, the Judge has seen fit to clear the court to hear witness testimony to preserve the anonymity of the witness.
9) Are juries used? If so, are they in civil cases, criminal cases, or both? Does a grand jury review the case before it comes to a formal trial? Juries are used for criminal cases only. Grand Juries are not used.
10) If you have juries, are they required to submit reasons for their verdict? No - they are not required to submit reasoning behind their verdicts.
11) Does the state provide attorneys for the destitute? Yes
12) Does the state employ a presumption of innocence or guilt? The presumption of innocence is employed

Trivia:
13) Who represents the State in cases where the State is a party (Name of Position and person occupying it)? The Attorney General - current incumbent: Jean d'Iles
14) What percentage of cases (civil and criminal) actually go to trial? Around 30% of all civil cases go to trial, with around 40% of criminal cases being tried.
15) Is there a damages cap for torts? Damages are subject to judicial discretion, although common law caps are established in case law. There are many different precedents that govern the award of damages dependent upon the action of the defendant, the harm caused thereby, and many other factors. Whilst there has been some legislation in this area, the Senate has chosen to stay away from the issue and leave it to the courts. Since Lexembourg operates a common law system, Judges are free to overturn previous decisions of the court, but only with good reason. Established precedents and caps on damages awards may be changed or abolished by a simple decision of the Court in the future.

Sa Majesté, la Princesse plus noble haute et puissante
Adélaïde
par la Grâce de Dieu, Grande-Duchesse de Lexembourg,
Princesse de Ruhr, Défenseur de la Foi

User avatar
Victorious Decepticons
Powerbroker
 
Posts: 8820
Founded: Sep 15, 2008
Iron Fist Consumerists

Postby Victorious Decepticons » Mon Nov 01, 2010 5:23 am

No trials, no reports to file.

Everything is legal except treason, and traitors are dealt with through Domestic Intelligence investigations. If DomIntel finds enough evidence to consider you a traitor, that's it - you're slag.
No war RPs; no open RPs.

Explosive .50 cal shells vs. Decepticons: REAL, IRL PROOF the Decepticons would laugh at them - https://www.youtube.com/watch?v=FeVTZlNQfPA
Newaswa wrote:What is the greatest threat to your nation?
Vallermoore wrote:The Victorious Decepticons.

Bluquse wrote:Imperialist, aggressive, and genociding aliens or interdimensional beings that would most likely slaughter or enslave us
rather than meet up to have a talk. :(

TurtleShroom wrote:Also, like any sane, civilized nation, we always consider the Victorious Decepticons a clear, present, and obvious threat we must respect, honor, and leave alone in all circumstances. Always fear the Victorious Decepticons.


The Huskar Social Union wrote: ... massive empires of genocidal machines.

User avatar
Stromburg
Spokesperson
 
Posts: 187
Founded: Sep 15, 2010
Ex-Nation

Postby Stromburg » Mon Nov 01, 2010 6:03 am

Judicial:
1) Highest Court Name: Supreme Court of Stromburg
2) How many justices/judges are there on this court? Chief Justice and eight other justices
3) What other courts are under it, if any? National Court of Appeal, District Courts, Military Courts of Appeal, Superior Courts
4) Are any of these courts afforded judicial review? If so, is it for legislative actions, executive actions, or both? Supreme Court of Stormburg is considered a constitutional court. It has the power to overturn executive decree or legislation that violated or contradict the constitution.
5) Are judges appointed or elected? Do they serve for terms or do they have life tenure? The President upon the advice of the Prime Minister and the Judiciary Council, appoint the justices and national level judges to the court. Supreme Court members serve till the age of 75 while national level judges serve for a 10 year term that is renewable.
6) Are judicial decisions based more on common law or civil law? common law

Trial System:
7) Does your nation use an adversarial or inquisitorial system? Adversarial system
8.) Are trials public? Yes, this is to promote transparency in courts decision and ensure that trial are used as a deterrent against criminal acts
9) Are juries used? If so, are they in civil cases, criminal cases, or both? Does a grand jury review the case before it comes to a formal trial? No.
10) If you have juries, are they required to submit reasons for their verdict?
11) Does the state provide attorneys for the destitute? yes
12) Does the state employ a presumption of innocence or guilt? Guilt

Trivia:
13) Who represents the State in cases where the State is a party (Name of Position and person occupying it)? Attorney General Paul Long
14) What percentage of cases (civil and criminal) actually go to trial? 65%
15) Is there a damages cap for torts? no
Today, the only market system ever exist is state capitalism. It is designed in a way that the state takes the risk while the private sector profits from it.

User avatar
Des-Bal
Post Czar
 
Posts: 32801
Founded: Jan 24, 2010
Ex-Nation

Postby Des-Bal » Mon Nov 01, 2010 6:11 am

Judicial:
1) Highest Court Name: The High Council
2) How many justices/judges are there on this court? 13 traditionally Vincent Aldremi holds the majority of seats now.
3) What other courts are under it, if any? Provincial and Local courts
4) Are any of these courts afforded judicial review? If so, is it for legislative actions, executive actions, or both? The High Council and Provincial Courts reserve the right to overturn any decision but lower courts are not required to give defendants a means to submit a case.
5) Are judges appointed or elected? Do they serve for terms or do they have life tenure? Varies by province typically serve for life.
6) Are judicial decisions based more on common law or civil law? Common Law

Trial System:
7) Does your nation use an adversarial or inquisitorial system? Both, while lawyers do make cases against one another the judge questions the evidence of both sides .
8.) Are trials public? Yes
9) Are juries used? If so, are they in civil cases, criminal cases, or both? Does a grand jury review the case before it comes to a formal trial? No
10) If you have juries, are they required to submit reasons for their verdict? N/A
11) Does the state provide attorneys for the destitute? No
12) Does the state employ a presumption of innocence or guilt? Presumption of innocence

Trivia:
13) Who represents the State in cases where the State is a party (Name of Position and person occupying it)? The governor of the province represents his territory, the Federal Government is represented by the High Council.
14) What percentage of cases (civil and criminal) actually go to trial? 25%
15) Is there a damages cap for torts? No
Cekoviu wrote:DES-BAL: Introverted, blunt, focused, utilitarian. Hard to read; not verbose online or likely in real life. Places little emphasis on interpersonal relationships, particularly with online strangers for whom the investment would outweigh the returns.
Desired perception: Logical, intellectual
Public perception: Neutral-positive - blunt, cold, logical, skilled at debating
Mindset: Logos

User avatar
Rumbria
Minister
 
Posts: 2941
Founded: Aug 10, 2008
Ex-Nation

Postby Rumbria » Mon Nov 01, 2010 7:30 am

Judicial:
1) Highest Court Name: The Palace of Justice (Criminal) The High Court of Arbitration (Civil)
2) How many justices/judges are there on this court? Since these are appeal courts, the usual bench is three, though the number can rise anywhere up to thirteen in extremely important cases
3) What other courts are under it, if any?
Criminal - The House of Justice, The Court of Justice
Civil - The Court of Arbitration, The Dispute Court
4) Are any of these courts afforded judicial review? If so, is it for legislative actions, executive actions, or both? Both have power of judicial review regarding executive matters, though not legislative
5) Are judges appointed or elected? Do they serve for terms or do they have life tenure? Appointed for life
6) Are judicial decisions based more on common law or civil law? We utilise a hybrid system, though common law is favoured due to a distrust and dislike of codification

Trial System:
7) Does your nation use an adversarial or inquisitorial system? Adversarial
8.) Are trials public? Yes
9) Are juries used? If so, are they in civil cases, criminal cases, or both? Does a grand jury review the case before it comes to a formal trial? No, no, no and no
10) If you have juries, are they required to submit reasons for their verdict? N/A
11) Does the state provide attorneys for the destitute? Yes
12) Does the state employ a presumption of innocence or guilt? Presumption of Innocence

Trivia:
13) Who represents the State in cases where the State is a party (Name of Position and person occupying it)? Prosecutions are made in the name of the Grand Advocate, who rarely, if ever, actually partakes in the proceedings. Civil cases regarding the state may also be dealt with by the Grand Advocate. The Grand Advocate is currently Professor Yasmin Delgado
14) What percentage of cases (civil and criminal) actually go to trial? 90% Criminal, 32% Civil
15) Is there a damages cap for DELICT? No, the judge awards what he thinks is deserved
So goddamned leet: Rumbria is ranked 6th in the region and 1,337th in the world for Most Godforsaken.
Incomplete National Factbook

User avatar
Yannia
Ambassador
 
Posts: 1454
Founded: Aug 26, 2004
Civil Rights Lovefest

Postby Yannia » Mon Nov 01, 2010 7:35 am

Judicial:
1) Highest Court Name: Bondshóggëregtshof (Federal High Court)
2) How many justices/judges are there on this court? 12
3) What other courts are under it, if any? Bondsbërupshof (Federal Court of Appeal), Bondsgëregtshof (Federal Court), Landshóggëregtshóvën (State High Courts, one for each state), Landsbërupshóvën (State Courts of Appeal), Landsgëregtshóvën (State Courts), Gaubërupshóvën & Marcbërupshóvën (Provincial Courts of Appeal, Gaugëregtshóvën & [Marcsgëregtshóvën[/i] (Provincial Courts).
4) Are any of these courts afforded judicial review? If so, is it for legislative actions, executive actions, or both? Yes, the Bondshóggëregtshof and the Landshóggëregtshóvën review both legislative and executive action, on their own level.
5) Are judges appointed or elected? Do they serve for terms or do they have life tenure? They are elected, for a single 12 year term in the case on High Court judges, for life, or abdication, in the case of other Courts.
6) Are judicial decisions based more on common law or civil law? Both, although civil law tends to be more important.

Trial System:
7) Does your nation use an adversarial or inquisitorial system? Inquisitorial.
8.) Are trials public? Yes.
9) Are juries used? If so, are they in civil cases, criminal cases, or both? Does a grand jury review the case before it comes to a formal trial? No.
10) If you have juries, are they required to submit reasons for their verdict? N/A
11) Does the state provide attorneys for the destitute? Yes.
12) Does the state employ a presumption of innocence or guilt? Innocence.

Trivia:
13) Who represents the State in cases where the State is a party (Name of Position and person occupying it)? The Landsrádsman (State Attorney). The position is usually filled by the most experienced lawyer registered in the state in question.
14) What percentage of cases (civil and criminal) actually go to trial? About 40%.
15) Is there a damages cap for torts? No.
Yannia's nation page contains an error. The population should be in millions, not in billions.

User avatar
Maraque
Postmaster-General
 
Posts: 10604
Founded: Nov 22, 2004
Civil Rights Lovefest

Postby Maraque » Mon Nov 01, 2010 7:45 am

Judicial:
1) Highest Court Name: Royal Supreme Court (Civil), Royal Constitutional Court (Constitutional)
2) How many justices/judges are there on these courts? Thirteen
3) What other courts are under it, if any? The Royal Court of Appeals, the Royal Criminal Court, the Royal Civil Court, the Royal Arbitration Court
4) Are any of these courts afforded judicial review? If so, is it for legislative actions, executive actions, or both? Yes; both.
5) Are judges appointed or elected? Do they serve for terms or do they have life tenure? All judges are elected to a single term.
6) Are judicial decisions based more on common law or civil law? A mixed system of both.

Trial System:
7) Does your nation use an adversarial or inquisitorial system? Adversarial (criminal), inquisitorial (civil)
8.) Are trials public? Yes
9) Are juries used? If so, are they in civil cases, criminal cases, or both? Does a grand jury review the case before it comes to a formal trial? Yes; criminal only. No grand jury.
10) If you have juries, are they required to submit reasons for their verdict? No, anonymous.
11) Does the state provide attorneys for the destitute? Absolutely.
12) Does the state employ a presumption of innocence or guilt? Absolutely.

Trivia:
13) Who represents the State in cases where the State is a party? The Advisor of Justice
14) What percentage of cases (civil and criminal) actually go to trial? civil; 25% - criminal; 40%
15) Is there a damages cap for torts? No.
Last edited by Maraque on Mon Nov 01, 2010 7:48 am, edited 2 times in total.

User avatar
The Hellas Planitia Territories
Bureaucrat
 
Posts: 58
Founded: Nov 06, 2020
Ex-Nation

Postby The Hellas Planitia Territories » Thu Nov 19, 2020 9:15 am

Judicial:
1) Highest Court Name: The Supreme Territorial Court
2) How many justices/judges are there on this court?: 10
3) What other courts are under it, if any?: The many territorial courts, which themselves are made up of communal courts.
4) Are any of these courts afforded judicial review? If so, is it for legislative actions, executive actions, or both?: Yes, for both.
5) Are judges appointed or elected? Do they serve for terms or do they have life tenure?: Judges volunteer to become a Communal Judge, with their all volunteers being reviewed by the Territorial Judicial Parliament before an election, with the remaining volunteers competing in an election. The winner become Judge for their commune, and becomes a member of the Territorial Judicial Parliament. The Supreme Judicial Parliament is made up of delegates elected by their respective parliaments.
6) Are judicial decisions based more on common law or civil law?: civil law.

Trial System:
7) Does your nation use an adversarial or inquisitorial system?: A strongly inquisitorial system.
8.) Are trials public?: Yes.
9) Are juries used? If so, are they in civil cases, criminal cases, or both? Does a grand jury review the case before it comes to a formal trial?: Yes, in both case types, and a grand jury does review the case.
10) If you have juries, are they required to submit reasons for their verdict?: Yes.
11) Does the state provide attorneys for the destitute?: The state provides attorneys for all.
12) Does the state employ a presumption of innocence or guilt?: Presumption of innocence.

Trivia:
13) Who represents the State in cases where the State is a party (Name of Position and person occupying it)?: The state encompasses and is made up of all people, so there is no protocol for the State being a party.
14) What percentage of cases (civil and criminal) actually go to trial?: All cases must go to trial.
15) Is there a damages cap for torts?: There is no tort law in the Territories.
Last edited by Frisbeeteria on Thu Nov 19, 2020 3:54 pm, edited 1 time in total.
Reason: don't gravedig old threads

User avatar
Champagne Socialist Sharifistan
Senator
 
Posts: 4471
Founded: Dec 08, 2019
Ex-Nation

Postby Champagne Socialist Sharifistan » Thu Nov 19, 2020 10:50 am

Judicial:
1) Highest Court Name?: Royal Islamic Supreme Court of Sharifistan
2) How many justices/judges are there on this court?: 40 judges lead by a Chief Qadi of Sharifistan
3) What other courts are under it, if any?: A High Court in each city or county, a Penultimate Court in each state and Mosque Courts one for each town (cases from village are sent to the Mosque Court for the nearest town) as well as specialist religious courts for minority religions (Islamic law is based on the system I've described), various types of Courts Martial and the Sultan's Court.
4) Are any of these courts afforded judicial review? If so, is it for legislative actions, executive actions, or both?: There is judicial review of all government actions. This judicial review may be performed by the Royal Islamic Supreme Court (the War Council being required to accept it's judgements on matters of shariah law).
5) Are judges appointed or elected? Do they serve for terms or do they have life tenure?: Judges are appointed and have life tenure except in cases of misconduct, inability to serve or incompetence.
6) Are judicial decisions based more on common law or civil law?: More on civil law but is Islamic law is supreme over all other types.

Trial System:
7) Does your nation use an adversarial or inquisitorial system?: Inquisitorial.
8.) Are trials public?: usually yes. Sometimes not.
9) Are juries used? If so, are they in civil cases, criminal cases, or both? Does a grand jury review the case before it comes to a formal trial?:
Juries are used in cases involving the government. Grand juries are only used to decide whether a trial is under after an accusation rape, slander, libel or blasphemy.
10) If you have juries, are they required to submit reasons for their verdict?: No.
11) Does the state provide attorneys for the destitute?: Yes.
12) Does the state employ a presumption of innocence or guilt?: Presumption of innocence.

Trivia:
13) Who represents the State in cases where the State is a party (Name of Position and person occupying it)?: Attorney-General Süleymān Ahmed Osman.
14) What percentage of cases (civil and criminal) actually go to trial?: 50.5% and 90.5% of criminal.
15) Is there a damages cap for torts?: no.

OOC: Maybe add in type of law (e.g. civil law, common law, tribal law or Islamic law)
Last edited by Champagne Socialist Sharifistan on Thu Nov 19, 2020 10:51 am, edited 1 time in total.
A nation which partly represents my views.
Founder of the Traditionalist Military Alliance:https://forum.nationstates.net/viewtopic.php?f=4&t=493756
The Turkish War of Independence and everything before along with 2014 modernisation are set in stone.
Everything else is subject to change

Black Lives Matter!

User avatar
The United States of Ibica
Ambassador
 
Posts: 1163
Founded: Mar 02, 2018
New York Times Democracy

Postby The United States of Ibica » Thu Nov 19, 2020 10:59 am

Judicial:
1) Highest Court Name: The Supreme Court of Ibica
2) How many justices/judges are there on this court? 9
3) What other courts are under it, if any? Each state contains at least on Federal District Court, some states divided into several. Also at this level are the special courts, such as bankruptcy court, federal claims court, and military tribunals. That is the trial court level. Above them is the appellate level. Ibica is divided into four "Circuit" appeal courts, hearing cases from the trial court in their geographic region. Also at this level are the special appeals, like the Court of Military Appeals, Court of Bankruptcy Appeals, etc. Above them is the Supreme Court, which chooses if it wants to hear any cases from below.

In Parallel to the federal system, there are also 13 state and territorial court systems, mostly modeled after the federal system. Those cases can be appealed to the federal system after they have reached their state supreme court.

4) Are any of these courts afforded judicial review? If so, is it for legislative actions, executive actions, or both? Both Appellate and the Supreme Court have the power of judicial review over all actions of all levels of the local, state, and federal governments. While the Appeals Courts do have this power, it is not seen as final in most cases, as if they use their power, the Supreme Court will certainly also want to review the case themselves. State Courts at varying degrees also have this authority over state laws and local actions.

5) Are judges appointed or elected? Do they serve for terms or do they have life tenure? Federal Judges are appointed for life. The state system is a mixed bag, some appointed for life, some appointed but stand for retention elections, and some stand for election as often as every two years.
6) Are judicial decisions based more on common law or civil law? Common Law

Trial System:
7) Does your nation use an adversarial or inquisitorial system? Adversarial
8.) Are trials public? In most cases, the judge has the authority to seal a case though if there is sensitive subject manner.
9) Are juries used? If so, are they in civil cases, criminal cases, or both? Does a grand jury review the case before it comes to a formal trial? Criminal and Civil cases both have juries in the trial phase. Grand juries are required to indict a defendant before it can move to trail. Very often though, either a plea deal or settlement will be reached before a jury is required.
10) If you have juries, are they required to submit reasons for their verdict? They are not
11) Does the state provide attorneys for the destitute? Yes
12) Does the state employ a presumption of innocence or guilt? Innocent.

Trivia:
13) Who represents the State in cases where the State is a party (Name of Position and person occupying it)? At the state and territorial level it is usually that state's Attorney-General. At the federal level, most cases are argued by the Ibican Solicitor-General
14) What percentage of cases (civil and criminal) actually go to trial? About 8% of criminal cases, and 5% of civil cases.
15) Is there a damages cap for torts? In general no, and no in the federal system. But some states have caps in specific circumstances, but it usually at the discretion of the judge.


Advertisement

Remove ads

Return to Factbooks and National Information

Who is online

Users browsing this forum: Lothria, Marquesan

Advertisement

Remove ads