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House Vote: 9-0-0
Senate Vote: 4-0-0
A
BILL
To
Amend the constitution with regard to codifying and clarifying the Judiciary.
The people of Democracy Craft, 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 “Judiciary Act”.
(2) This Act shall be enacted immediately upon its signage and will apply to court cases filed after this time.
2 - Reasons
(1) There is no legal backing behind many of the processes within the judiciary.
(2) This bill was made in consultation with the judiciary.
3 - Clarifying The Courts
Subsection (a) changes to subsection (b):
(a) Judicial Power
Judicial power is vested in the court.
Role of the Court
The Judicial arm of Government, consisting of the courts, interprets the law, as written by the legislature and administered by the Executive.
3 - The Court of Redmont
Subsection (a) is changed to subsection (b):
(a) Powers of the Court
The Court makes judgements on criminal appeal cases such as appeals to the state for charges against them.
The Court makes judgements on civil cases such as wrongful dismissal and compensation disputes.
The court is able to issue warrants to the Department of Justice.
The court acts as a constitutional court, as a check on legislation and executive power.
-In the event that there is no majority verdict but rather a tie verdict, the case shall be ruled in favor of the defendant.”
(b) Judicial Power
Judicial power is vested in the courts.
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.
The Court of Redmont
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.
Powers of the Court
The Court of Redmont is the appellate court in the first instance. (e.g. Appealing an arrest)
The Court of Redmont makes judgements on criminal prosecutions. (e.g. Fraud)
The Court of Redmont makes judgements on civil cases (e.g. Wrongful Dismissal)
The Court of Redmont is able to issue warrants to the Department of Justice.
The Court of Redmont is responsible for resolving government disputes.
4 - The Supreme Court of Redmont
Subsection (a) is rescinded and replaced with subsection (b):
(a) Role of the Supreme Court
Where a bill or law is challenged for constitutionality, all Judges must deliver a verdict.
The Supreme Court is able to hear appealed cases, the court also may decide which appeals to reject and deny.
- the majority verdict stands.
-A Chief Justice shall be nominated by the President and approved by the Senate to chair the Supreme Court. In the event that the Supreme Court is called and there is no incumbent Chief Justice, the remaining Justices shall internally elect a Judge to preside over the case. Such an election shall be held for each case for which there is no incumbent Chief Justice.
-The Court makes judgments on criminal cases
(b) The Supreme Court of Redmont
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.
Powers of the Supreme Court
- 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.
- The Supreme Court of Redmont has the power to accept or reject appeals if it was not raised on a point of law.
- The Supreme Court of Redmont is responsible for resolving disputes between Government Institutions.
- The Supreme Court of Redmont hears all Constitutional challenges.
5 - Judges
Subsection (a) is rescinded and replaced with subsection (b):
(a) The Court shall consist of 3 Judges that are responsible for presiding over and delivering non-biased verdicts on all lawsuits. The Judges are to be nominated by the President and approved by the Senate.
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).
(b) 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.
6 - Admissibility
Any evidence submitted to the Court should be factual, reliable, and relevant to the case. Judges have the power to strike any evidence that is not admissible from the record.
7 - Inadequate number of Judges
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.
8 - Standards of Proof
The following shall apply:
(a) Balance of Probabilities - Required in civil actions.
(b) Probable Cause - Required for a warrant.
(c) Proof Beyond a Reasonable Doubt - Required in criminal prosecutions.
9 - Burden of Proof
The onus of the burden of proof is on the Prosecution.
10 - State Legal Representation
The Commonwealth may appoint a prosecutor to represent the state in court.
11 - Recusal
Judicial disqualification, also referred to as recusal, is the act of abstaining from participation in a case due to a conflict of interest. A motion to recuse can be filed at any point in a case prior to the verdict. A Judge must consider whether or not to voluntarily recuse themselves. Where a judge does not voluntarily recuse, a second Judge will respond to the motion and either accept or deny it. In the instance the judge accepts the motion, that judge will then preside over the case. Conflict of interest may involve:
(a) Bias/appearance of bias.
(a) Interest.
(a) Ex Parte Communications.
(a) Breach of Judicial Conduct.
(a) Prior Work as a Lawyer for either party.
12 - Warrants
The court may issue warrants - court orders that allow actions that would otherwise be unlawful - for the following:
(a) Search - Expresses permission for a Police Officer, accompanied or unaccompanied, to enter private property in order to search for evidence or contraband. Staff will be required to assist with searching chests, however the Officer will not have direct access.
(b) Asset Seizure - to seize assets when an individual does not have sufficient monetary funds to pay a court order.
The Debtor must be given a 5-day notice by the Department of Justice through mail on the server and over discord if they use it. The mailed notice must inform the Debtor that they must collect the outstanding money needed to pay off their debt within a period of 5 days or assets will be seized to cover their outstanding debt.
13 - Injunctions
The courts may issue injunctions - orders that compel a party in a case to do something or to refrain from doing something - for the following:
(a) Permanent - Permanent injunctions aim to enforce the rights of others.
(b) Emergency - Injunctions that are issued before the court has tried a case to prevent harm. If the applicant fails to file a lawsuit within 4 hours of requesting an emergency injunction the order will be null and void. Abuse of this type of order results in civil liability for seven fold the actual damages.
14 - Writs
The courts may issue writs - a written command in the name of a court to act, or abstain from acting, in a particular way - for the following:
(a) Writ of Mandamus - Orders the government or a government agency to do or to refrain from doing something as is their duty under the law.
(b) Quo Warranto - Orders the government or a government agency to appear before the court to establish its authority to do something.
Senate Vote: 4-0-0
A
BILL
To
Amend the constitution with regard to codifying and clarifying the Judiciary.
The people of Democracy Craft, 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 “Judiciary Act”.
(2) This Act shall be enacted immediately upon its signage and will apply to court cases filed after this time.
2 - Reasons
(1) There is no legal backing behind many of the processes within the judiciary.
(2) This bill was made in consultation with the judiciary.
3 - Clarifying The Courts
Subsection (a) changes to subsection (b):
(a) Judicial Power
Judicial power is vested in the court.
Role of the Court
The Judicial arm of Government, consisting of the courts, interprets the law, as written by the legislature and administered by the Executive.
3 - The Court of Redmont
Subsection (a) is changed to subsection (b):
(a) Powers of the Court
The Court makes judgements on criminal appeal cases such as appeals to the state for charges against them.
The Court makes judgements on civil cases such as wrongful dismissal and compensation disputes.
The court is able to issue warrants to the Department of Justice.
The court acts as a constitutional court, as a check on legislation and executive power.
-In the event that there is no majority verdict but rather a tie verdict, the case shall be ruled in favor of the defendant.”
(b) Judicial Power
Judicial power is vested in the courts.
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.
The Court of Redmont
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.
Powers of the Court
The Court of Redmont is the appellate court in the first instance. (e.g. Appealing an arrest)
The Court of Redmont makes judgements on criminal prosecutions. (e.g. Fraud)
The Court of Redmont makes judgements on civil cases (e.g. Wrongful Dismissal)
The Court of Redmont is able to issue warrants to the Department of Justice.
The Court of Redmont is responsible for resolving government disputes.
4 - The Supreme Court of Redmont
Subsection (a) is rescinded and replaced with subsection (b):
(a) Role of the Supreme Court
Where a bill or law is challenged for constitutionality, all Judges must deliver a verdict.
The Supreme Court is able to hear appealed cases, the court also may decide which appeals to reject and deny.
- the majority verdict stands.
-A Chief Justice shall be nominated by the President and approved by the Senate to chair the Supreme Court. In the event that the Supreme Court is called and there is no incumbent Chief Justice, the remaining Justices shall internally elect a Judge to preside over the case. Such an election shall be held for each case for which there is no incumbent Chief Justice.
-The Court makes judgments on criminal cases
(b) The Supreme Court of Redmont
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.
Powers of the Supreme Court
- 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.
- The Supreme Court of Redmont has the power to accept or reject appeals if it was not raised on a point of law.
- The Supreme Court of Redmont is responsible for resolving disputes between Government Institutions.
- The Supreme Court of Redmont hears all Constitutional challenges.
5 - Judges
Subsection (a) is rescinded and replaced with subsection (b):
(a) The Court shall consist of 3 Judges that are responsible for presiding over and delivering non-biased verdicts on all lawsuits. The Judges are to be nominated by the President and approved by the Senate.
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).
(b) 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.
6 - Admissibility
Any evidence submitted to the Court should be factual, reliable, and relevant to the case. Judges have the power to strike any evidence that is not admissible from the record.
7 - Inadequate number of Judges
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.
8 - Standards of Proof
The following shall apply:
(a) Balance of Probabilities - Required in civil actions.
(b) Probable Cause - Required for a warrant.
(c) Proof Beyond a Reasonable Doubt - Required in criminal prosecutions.
9 - Burden of Proof
The onus of the burden of proof is on the Prosecution.
10 - State Legal Representation
The Commonwealth may appoint a prosecutor to represent the state in court.
11 - Recusal
Judicial disqualification, also referred to as recusal, is the act of abstaining from participation in a case due to a conflict of interest. A motion to recuse can be filed at any point in a case prior to the verdict. A Judge must consider whether or not to voluntarily recuse themselves. Where a judge does not voluntarily recuse, a second Judge will respond to the motion and either accept or deny it. In the instance the judge accepts the motion, that judge will then preside over the case. Conflict of interest may involve:
(a) Bias/appearance of bias.
(a) Interest.
(a) Ex Parte Communications.
(a) Breach of Judicial Conduct.
(a) Prior Work as a Lawyer for either party.
12 - Warrants
The court may issue warrants - court orders that allow actions that would otherwise be unlawful - for the following:
(a) Search - Expresses permission for a Police Officer, accompanied or unaccompanied, to enter private property in order to search for evidence or contraband. Staff will be required to assist with searching chests, however the Officer will not have direct access.
(b) Asset Seizure - to seize assets when an individual does not have sufficient monetary funds to pay a court order.
The Debtor must be given a 5-day notice by the Department of Justice through mail on the server and over discord if they use it. The mailed notice must inform the Debtor that they must collect the outstanding money needed to pay off their debt within a period of 5 days or assets will be seized to cover their outstanding debt.
13 - Injunctions
The courts may issue injunctions - orders that compel a party in a case to do something or to refrain from doing something - for the following:
(a) Permanent - Permanent injunctions aim to enforce the rights of others.
(b) Emergency - Injunctions that are issued before the court has tried a case to prevent harm. If the applicant fails to file a lawsuit within 4 hours of requesting an emergency injunction the order will be null and void. Abuse of this type of order results in civil liability for seven fold the actual damages.
14 - Writs
The courts may issue writs - a written command in the name of a court to act, or abstain from acting, in a particular way - for the following:
(a) Writ of Mandamus - Orders the government or a government agency to do or to refrain from doing something as is their duty under the law.
(b) Quo Warranto - Orders the government or a government agency to appear before the court to establish its authority to do something.
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