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A
BILL
TO
Amend the Constitution and the Judicial Standards Act
The people of the Commonwealth of Redmont, through their elected Representatives in the Congress and the force of law ordained to that Congress by the people through the constitution, do hereby enact the following provisions into law:
BILL
TO
Amend the Constitution and the Judicial Standards Act
The people of the Commonwealth of Redmont, through their elected Representatives in the Congress and the force of law ordained to that Congress by the people through the constitution, do hereby enact the following provisions into law:
1 - Short Title and Enactment
(1) This Act may be cited as the 'Judicial Fix Act.'
(2) This Act shall be enacted immediately upon its signage.
(3) This Act has been authored by: Senator xEndeavour
(4) This Act has been co-sponsored by: Senator xEndeavour
(5) The Chief Justices was consulted in drafting this act
2 - Reasons
(1) The Supreme Court has evolved beyond the outdated requirement for all Justices to present an individual opinion. The Supreme Court currently issues verdicts with a majority opinion that Justices subscribe to, and a dissenting opinion if relevant.
(2) The JSA is wildly out of date and out of sync with the constitution (noting the Standards Acts are supposed to link to the Constitution)
(3) Its just turned into word vomit over time, it can be far simpler.
(4) The Supreme Court is the constitutional court and it was designed to make decisions on the interpretation of the constitution with a number of the most experienced Judicial Officers the nation offers. The constitution even still refers to it as the constitutional court today, yet it doesn't hear constitutional challenges. Working with the Chief Justice, I have reestablished the Supreme Court as the constitutional court which will also assist with case load distribution amongst court jurisdiction changes.
(5) Use a text comparer to determine the changes, there were far too many to highlight noting the structure has changed and amendment which were never implemented were imported.
3 - Amendments
4 - Role of the Courts
(1) Judicial Power Judicial power is vested in the courts.
(2) Role of the Courts The Judicial arm of Government, consisting of the Court and Supreme Court, interprets the law, as written by the legislature and administered by the Executive.
5 - The Court of Redmont
(1) The Court of Redmont hears all non-constitutional legal matters in the first instance and is the appellate court for criminal charges and civil actions. It is presided over by a single Judge. Lawsuits are made in the Courthouse forum. Lawsuits can be either civil cases (a dispute between two parties, usually seeking compensation) or criminal cases (an appeal to the state against a charge, or a case filed by the state regarding a criminal act). Where there is a failure to appear, the presiding Judge will deliver a verdict considering the facts presented to the Court.
(2) Powers of the Court of Redmont
a. The Court of Redmont is the appellate court in the first instance. (e.g. Appealing an arrest)
b. The Court of Redmont makes judgements on criminal prosecutions. (e.g. Fraud)
c. The Court of Redmont makes judgements on civil cases (e.g. Wrongful Dismissal)
d. The Court of Redmont is able to issue warrants to the Department of Justice.
e. The Court of Redmont is responsible for resolving government disputes.
6 - The Supreme Court of Redmont
(1) The Supreme Court of Redmont acts as a Constitutional court, as a check on legislation and executive power when presented with a legal question. The Supreme Court of Redmont hears all Constitutional legal matters and is the appellate court for further appeals. The Supreme court is presided over by three Judges and is Chaired by the Chief Justice. Each Judge/Justice makes his/her own verdict on cases, and where decisions are not unanimous, the decision of the majority prevails. The decision is final - there are no further appeals once a matter has been decided by the Supreme Court, and the decision is binding on all other courts. Where there is a failure to appear, the presiding Judges will deliver a verdict considering the facts presented to the Court.
(2) Powers of the Supreme Court
a. The Supreme Court of Redmont is the appellate court to the Court of Redmont where proceedings or jurisdiction of any Court or Judge is in question.
b. The Supreme Court of Redmont has the power to accept or reject appeals if it was not raised on a point of law.
c. The Supreme Court of Redmont is responsible for resolving disputes between Government Institutions.
d. The Supreme Court of Redmont hears all Constitutional challenges.
7 - Judges
(1) Judges are responsible for presiding over and delivering non-biased verdicts on all lawsuits. Judges and the Chief Justice are to be nominated by the President and approved by the Senate. Where there is no Chief Justice, the most senior Judge is Chief Justice by default until otherwise provided.
9 - Inadequate number of Judges
(1) Where there is a deficiency in Judges, the Speaker of the House of Representatives will deliver a verdict. Where more than one vacancy exists, cases will not be heard until such time that a suitable number of Judges.
to:
12. Judicial Power
Judicial power is vested in the court.
13. Role of the Federal Court System of Redmont
The Judicial arm of Government, consisting of the District Court, Federal Court, and Supreme Court, interpret the law as written by the legislature and administered by the Executive. Lawsuits can be made to the court as either civil cases (a dispute between two parties, usually seeking compensation) or criminal cases (an appeal to the state against a charge, or a case filed by the state regarding a criminal act. i.e. Citizens cannot prosecute). Where there is a failure to appear, the courts will trial in absentia and will deliver a verdict considering the facts presented to the Court.
14. Role of the District Court of Redmont
The District Courts of Redmont hear all minor civil and criminal disputes in the first instance. The District Courts are presided over by a single Magistrate under the supervision of a Judge or Justice. Each town or city shall be considered a district and shall have one Magistrate. There shall not be more than one (1) Magistrates on the District Court of Redmont per jurisdiction at any given time.
15. Powers of the District Court
(a) The District Court of Redmont has original jurisdiction over:
(i) arrests
(ii) wrongful seizure
(iii) public official misconduct
(iv) minor criminal prosecutions that result in jail not exceeding 20 minutes or $2500 dollars (inclusive) of fines
(v) minor civil cases whose value does not exceed $20,000 dollars (inclusive).
FEDERAL COURT
16. Role of the Federal Court of Redmont
The Federal Court of Redmont hears all major civil and criminal disputes in the first instance and is the appellate court for verdicts made by the District Courts. The Federal Court is presided over by a single Judge. There shall not be more than three (3) Judges on the Federal Court of Redmont at any given time.
17. Powers of the Federal Court
(a) The Federal Court of Redmont has original jurisdiction over:
(i) Major criminal prosecutions that result in jail exceeding 20 minutes or $2500 dollars of fines
(ii) Major civil cases whose value exceeds $20,000 dollars.
(iii) Any cases of significance that do not fit within the established bounds of court jurisdictions.
(b) The Federal Court of Redmont is the appellate court for the District Court of Redmont.
(c) Other powers of the Federal Court of Redmont include:
(i) Issuing warrants
(ii) Ordering a party before the Federal Court to have a lawyer in order to proceed with their case
(iii) Assuming the responsibilities of the District Courts of Redmont when necessary.
SUPREME COURT
18. Role of the Supreme Court
The Supreme Court of Redmont is the constitutional court, hearing all constitutional challenges and challenges to removing a public office holder (see s19a(ii)). The Supreme Court is presided over by three Justices. The Supreme Court is chaired by a Chief Justice who is nominated by the President and confirmed by the Senate. There shall not be more than three (3) Justices (Chief Justice included) on the Supreme Court of Redmont at any given time. All available Justices preside over Supreme Court cases and form a majority opinion. Any Justices who do not agree with the majority opinion deliver individual or joint dissenting opinions which are published alongside the majority opinion. A minimum of two (2) Justices in agreement must be met to deliver a verdict on a Supreme Court case, and where there is a disagreement, the Chief Justice's opinion will prevail. The decision of the Supreme Court is final - there are no further appeals once a matter has been decided by the Supreme Court and the decision is binding on all other courts. A party can appeal a Supreme Court decision based on a point of law or if a significant amount of new evidence is made available. The appeal must convince the Court that the Justices that heard the original case made an error of law and that the error was of such significance that the decision should be overturned. Some examples of significant errors of law are that the Judge that heard the original case:
- applied an incorrect principle of law; or
- made a finding of fact or facts on an important issue which could not be supported by the evidence.
19. Powers of the Supreme Court
(a) The Supreme Court of Redmont has original jurisdiction over:
(i) Constitutional Challenges
(ii) Removal of officials from Public Office (Judicial Officers, Members of Congress, Members of Cabinet)
(iii) Resolving disputes between Government Institutions
(b) The Supreme Court of Redmont is the appellate court for the Federal Court of Redmont.
(c) Other powers of the Supreme Court of Redmont include:
(i) Ordering a party before the Supreme Court to have a lawyer in order to proceed with their case
(ii) Assuming the responsibilities of the District Courts of Redmont and Federal Court of Redmont when necessary.
20. Judicial Officers
Judicial Officers is the collective name given to Magistrates, Judges, Justices, and the Chief Justice. Judicial Officers are responsible for presiding over and delivering non-biased verdicts on all lawsuits. Judicial Officers can rule on their Court, or on lower courts if required. Judicial Officers cannot preside over an appeal that they have already ruled on previously in a lower court. Magistrates are to be appointed by the Supreme Court to serve on the District Court. Federal Court Judges, Supreme Court Justices, and the Chief Justice are to be nominated by the President and approved by the Senate. Where there is no Chief Justice, the most senior Justice is Chief Justice by default until otherwise provided. Judicial Requirements The following requirements exist in order to be nominated to the bench: Chief Justice - has accrued 150 hours and 12 hours of playtime in the last 30 days Justice - has accrued 125 hours and 12 hours of playtime in the last 30 days Judge - has accrued 72 hours and 12 hours of playtime in the last 30 days If there are no Justices on the Supreme Court, the President shall have one week to nominate a Justice or Chief Justice.
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