Zhulik 3559 Share Posted September 23, 2017 THE JUSTICE REFORM ACT, 1630 Issued and Confirmed by His Imperial Majesty the Holy Orenian Emperor Peter II Sigismund, 7th of the Grand Harvest, 1630 Within the Year of 1629, Our emperor as guided by his Heavenly mandate and his infinite wisdom does see it fit to bestow upon the realm the Legal Reforms Act of 1629. It is with the hope of the Emperor and the Imperial Administration that this act shall bring about an age of renewed Justice and civil society for the masses. Such an act is the direct product of requests issued by by his Imperial Majesty’s newly appointed High Magistrate, his excellency, Declan de Sola. The High Magistrate, upon analyzing the current state of disarray within his Imperial Majesty’s legal bureaucracy, has seen it necessary that reforms are put in place so that vassals and the common citizen may have greater access to his Imperial Majesty’s legal system as well as to ease in the reaping of the benefits which Law and Order provide to our great Empire. It should be noted that this Act is merely a reform of the Justice Act of 1622, thus sections from said act are present within this document as to promote clarity for the common citizen. SECTIONS: Branches of the Magistrate Lawyers Criminal Offenses Lawsuits Precedent Immunity from Legal Action Contractual Agreements Applications I. BRANCHES OF THE MAGISTRATE The Magistrates Magistrates act as the definitive and supreme backbone of His Imperial Majesty’s legal system and act as his appointed sentences of justice, or judges, to uphold both law and order within the Empire. As such, magistrates are tasked with upholding the law above all else. Magistrates, in order to follow said task, must remain impartial in any case that may be presented to them. Albeit such impartiality may be difficult and seemingly impossible for many, this difficulty is precisely why impartiality is revered above all else. Furthermore, in order to promote ease of access and utility of his Imperial Majesty’s legal system, magistrates are nominated autonomously by the legal governor or lordly body of the province in question. While said magistrate may operate within their province without direct Imperial involvement, a magistrate not fulfilling of his duties may be investigated by the Chamber of the Magistrate and impeached. The Justiciars Justiciars are the fist of the law throughout the realm of His Imperial Majesty, ensuring compliance and peace through legal means. These agents are instructed to bring the villainous to justice, to act as leading bailiffs within the outer provinces. As expected, Justiciars are impartial and unbiased to every matter brought before them, and if person conflictions arise, is to raise a secondary Justiciar to step in. However, Justiciars are few amongst the vast lands under the Emperor, and not all criminal activity can be report. It is why it is crucial for all Justiciars to remains as diligent and vigilant as possible. Justiciars are hired and chosen directly through the Chamber of the Magistrate, where they are trained in both law and the physical trials of capturing fugitives. They operates in the Empire as a whole, and are not constricted to a single province or state. However, a Justiciar may request to be appointed to a certain province or, in more dire times, be sent there by the Chamber of the Magistrate. The High Magistrate The High Magistrate is the functioning head of the judicial Chamber of the Magistrate, supreme judge to all legal matters of the inner Empire. It is through him and his council of consultant lawyers which form the basis of case law, determining precedent in court cases and protecting the codified law. High Magistrates deal with some of the most important legal actions within the Empire, such as quarrels among the nobility and cases of treason against the Imperial State. He is to be one of the most well-versed attorneys within the realm, able to truly understand the essence of civil law. The position is one dictated by His Imperial Majesty himself, as advised by the Closed Council. His office is therefore secured either through forced removal by His Imperial Majesty, by resignation, or by death. II. LAWYERS Definition Lawyers within the Imperium Sextus are defined as legal representatives who, within the private sphere of commerce, either sell or donate their services to clients in the form of legal aid. Right to a Legal Representative In order to ensure that trials are conducted efficiently and that the laymen of the Imperium Sextus hold the ability to utilize the legal framework which the Empire has graciously provided to them his Imperial Majesty does see it fit to permit the use of a legal representative while in trial or within civil suits. The Association of Imperial Lawyers Those who wish to become an Imperial sanctioned Lawyer with the goal of acquiring prominence, credibility and a potential future career which involves itself in legal discourse may fill out an application to join the Association of Imperial Lawyers directed to the High Magistrate himself so that he may judge the applicant's knowledge. Should one initially be accepted based upon their application, aspiring lawyers shall either be educated in the law further or be granted the ability to test out and gain their credential. It should be noted, however, that membership in the Association of Imperial Lawyers is not required if one wishes to act as a legal representative for another in trial. The AIL merely provides credibility and education. III. CRIMINAL OFFENSES As issued by his Imperial Majesty, let it be known that all nobility & clergy hold the right to trial should they formally request it. Furthermore, the trial shall be conducted by the his Imperial Majesty’s impartial High Magistrate in order to provide both a fair and expedient ruling, and so that legal precedent may be set for all trials to come provided that the laws do not change. As issued by his Imperial Majesty, let it be known that the Common Man has the right to go to Court if they are to file a lawsuit or if involved in a serious offense. Serious Offenses are as listed; Murder Treason Arson Rape Theft of 2,000 mina or more Fraud For ticketable offenses and petty crimes, the highest ranking officer at the time of the arrest and enforcement of the rule of law shall decide the punishment. This punishment shall not exceed; 500 mina ticket Flogging IV. LAWSUITS It has come to the attention of the Emperor and His Administration that there is a growing desire to peacefully resolve civil matters. As is His wishes, the Imperial Court shall open the ability to file Civil Lawsuits against their fellow citizens. All Lawsuits shall have: Plaintiff Defendant Ruling Reasoning Reasons to file Lawsuits are as follows: Libel or Slander Property Damage Breach of Contract Acts of physical violence Torts V. PRECEDENT The Imperial Courts as entrusted by his Imperial Majesty shall run under a principle of stare decisis. This entails that the Court rulings and holdings shall establish a precedent in which future cases of similar nature shall follow provided that the case is of Imperial nature. Precedents may be overturned at the discretion of the Emperor and High Magistrate. Regional Courts as entrusted by his Imperial Majesty shall too run under a principle of stare decisis. This entails that the Court rulings and holdings shall establish a precedent in which future cases of similar nature shall follow provided that the case is of Local nature. Precedents may be overturned at the discretion of the regional Lord or current Magistrate. With the establishment of Common Law, Magistrates must record in writing the case at hand and the reasoning for the ruling. VI. IMMUNITY FROM LEGAL ACTION Domestic Immunity Those ministers and agents of the Empire serving in positions which may lead to compromising actions or breaches of law are given criminal immunity unless ruled unfit by the Emperor or the Chamber of the Magistrate. Close kin and members of the Imperial Family also retain a minimal form of immunity, especially from misdemeanors and minor crimes. Treasonous actions or felony charges may override any given domestic immunity, though it is delivered either by Emperor and the Chamber of the Magistrate or from precedence in former rulings by the Chamber of the Magistrate. Foreign Immunity Foreign diplomats, emissaries and ministers enjoy a diplomatic immunity within the Empire while on mission or tour. This immunity does not cover treasonous and deeds against the State, and any action, while immune, may still be investigated by the Chamber of the Magistrate and His Imperial Majesty as seen fit. VII. CONTRACTUAL AGREEMENTS Contracts Contracts, or contractual agreements, are voluntary agreements made between two or more individuals or parties, where one or more individuals or parties follow suit an action or goal in return for a valuable or desired benefit, known as a consideration. Contracts must be done for legal matters; anything done in which infringes upon any established law will consider the contract null and void in the government and its associated parties. Contracts are agreed to by both a written and verbal consent by the individuals and parties involved. Once signed, if any individual or party breaks a detailed point of the contract is known to have performed a breach of contract, and is subject to penalties either agreed on by the individuals and parties before the signing of the contract or by the Imperial State if government-binding. The existence of a contract requires acceptance from all parties involved, which must be by their own free will and voluntary, else the contract is subject to forceful coercion by individual or party responsible. Contracts may also include conditional that are determined by all individuals and parties involved, which detail certain regulations of each binding member in act, deed and behavior. All conditionals must be determined before all individuals and parties involved agreed through verbal and written consent. Considerations Considerations are the benefits given to each individual or party, determined by all individuals and parties involved before agreement to the contract. There considerations must be supplied to the specified individual or party upon the completion of the contract; and if the contract is government-binding, may inflict criminal charges on said violating individual or party. Considerations cannot be changed upon agreement of the contract, unless specifically changed by consent of all involved individuals or parties. Tampering with contracts that are government-binding is a criminal offense and may invoke charges. Breach of Contract A breach of contract occurs when a contract-bounded individual or party breaks one of the regulations or guidelines supplied by the contract for all bounded members to follow accordingly. If done so, the contract is null and voided, and the offending party may invoke criminal charges if it is government-binding. If not, the remaining individuals or parties may seek compensation. Voiding of Contracts A contract may be voided by the voluntary agreement of all individuals and parties involved, and therefore considered null in any future interaction. However, a contract may only be voided if all members of the agreement fully agree to its voiding. If one party wishes to void while another does not, the issue may be brought forth to the Chamber of the Magistrate. The Chamber of the Magistrate may also void contracts if it was founded on illegal terms or involved either illegal items or criminally-charged individuals and parties. VII APPLICATIONS AND LAWSUIT FORMS As to not flood the Imperial Palace with unrelated letters and requests, his Imperial Majesty has deemed it fit that applications and letters pertaining to issues of the law, especially lawsuits, shall be redirected to the Office of the Magistrate with the hopes of providing expedience for the applicant and clarity for the Magistrate. Spoiler APPLICATION FOR THE POSITION OF MAGISTRATE IC INFO NAME: AGE: SEX: RACE: LEGAL BACKGROUND: WHY YOU WISH TO SERVE: OOC INFO MC Name: *Lords may nominate their own magistrates; thus, regional magistrates will not be required to fill out this form. APPLICATION FOR THE POSITION OF JUSTICIAR IC INFO NAME: AGE: SEX: RACE: LEGAL BACKGROUND: MARTIAL BACKGROUND: REGIONAL HERITAGE: WHY YOU WISH TO SERVE: OOC INFO MC NAME: SKYPE/DISCORD: APPLICATION FOR THE ASSOCIATION OF IMPERIAL LAWYERS IC INFO NAME AGE: SEX: RACE: LEGAL BACKGROUND: WHY YOU DESIRE TO JOIN THE ASSOCIATION: PREFERRED SPECIALITY (Contracts, Legal Defense, etc.): OOC INFO MC NAME: LAWSUIT FORM IC INFO PLAINTIFF: DEFENDANT: LAW(S) VIOLATED/REASONING: EXPLANATION OF WHAT OCCURRED: OOC INFO PLAINTIFF'S MC NAME: DEFENDANT’S MC NAME: IN NOMINE DEI, His Imperial Majesty, Peter II Sigismund of the House of Horen, by the Grace of God, Holy Orenian Emperor and rightful Emperor of Aeldin, Forever August, Apostolic King of Oren, Renatus, Salvus, Seventis, Vandoria, Savoy, Mardon, and the Westerlands, Duke of the Crownlands, Cascadia, Avar, Frederica, Blackmarsh, and Marna, Count of Auguston, Alamar, Frederica, Krajia, Thesmer, Thelen, Lorath, and Cantal, Baron of Darkwood and Gravelhold, Defender of the Canonist Faith, Supreme Protector of Mankind, Master of the Lions of Man, etcetera. His Excellency, Declan ‘the Daring’ de Sola of Istria, High Magistrate of the Imperium Sextus, Stalwart Defender of Law and Order and Impartial Justiciar to all Legal and Just Matters Link to post Share on other sites More sharing options...
Papa Liam 960 Share Posted September 23, 2017 Bell Sano, a deceased former lawyer, smiles from above. Link to post Share on other sites More sharing options...
Chorale__ 2147 Share Posted September 23, 2017 APPLICATION FOR THE POSITION OF MAGISTRATE IC INFO NAME: Theodoric Beauchamp II of House StafyrAGE: 27 SEX: Male RACE: Human LEGAL BACKGROUND: No offenses of any kind within the Empire. WHY YOU WISH TO SERVE: "I wish to serve to help better the Empire, and enforce the judicial system that has been put in effect. The position of Magistrate isn't one that anyone could be trusted with, due to the obvious bias that one could set upon any case in the Court of Law. I thank you kindly for your time, and may GOD bless you. OOC INFO MC Name: Chorale_ Link to post Share on other sites More sharing options...
OzYmandi 647 Share Posted September 23, 2017 IC INFO NAME: Padri AGE: 28 SEX: Male RACE: Human LEGAL BACKGROUND: No offenses. WHY YOU WISH TO SERVE: "The better the Empire gets, the better the people inside the Empire behave and live. I believe that acts and new laws could be implemented. Though one could believe a Magistrate is bias for his job, I truly believe that me, a doctor and researcher nonetheless, am prepared to serve the Empire, but not only the Empire, but it's people. My side is always the right side." OOC INFO MC Name: Brazilianski Link to post Share on other sites More sharing options...
Zhulik 3559 Author Share Posted September 24, 2017 8 hours ago, Chorale_ said: 7 hours ago, Sovietskiii said: [!] A letter would be returned to both individuals from the High Magistrate. Your application has been reviewed and, as one of the first to apply, it would be folly to not offer thee an interview. Please report to Adelsburg at your nearest opportunity so that I may interview you with haste. Should I find you qualified for the job, I shall sanction thee as a Magistrate. His Excellency, Declan ‘the Daring’ de Sola of Istria, High Magistrate of the Imperium Sextus Link to post Share on other sites More sharing options...
Balthasar 2497 Share Posted September 24, 2017 IC INFO NAME: "Go by Horonno Akerspaark, full name's a mouthful" AGE: "Should be Nineteen by now" SEX: "I'm a man!" RACE: "Human" LEGAL BACKGROUND: "I've done nothing wrong." MARTIAL BACKGROUND: "Was taught to handle a spear, when I was conscripted into the town watch" REGIONAL HERITAGE: "Born in Aeldin, family relocated to Auguston, when I was about nine years of age, later we departed from the old Capital and to the new - Don't know much else about my heritage" WHY YOU WISH TO SERVE: "To make Oren a safer place for all Citizens." OOC INFO MC NAME: Salier SKYPE/DISCORD: Skype: Captain_falcon_2 - Discord: Balthy#6909 Link to post Share on other sites More sharing options...
Heff 2460 Share Posted September 26, 2017 IC INFO PLAINTIFF: Renouyt van Ruyter and the Ministry of Culture DEFENDANT: Arnorian Elendil and the Adunian Race LAW(S) VIOLATED/REASONING: Heresy, Impurity of Blood, Unholy Being (and by extension Race Betrayal) EXPLANATION OF WHAT OCCURRED: At extensive research, and upon interviewing multiple investigators, Renouyt van Ruyter has discovered evidence of heresy, unholiness, etcera dwelling in the Adunian city of Halstaig. The person of Elendil is an official in the city of Adelburg and de facto representative of the Adunian peoples in the eternal city. The Minister of Culture seeks the Law to justify his Cultural Cleansing and Investigation into the Adunian affairs. OOC INFO PLAINTIFF'S MC NAME: ryanheff74 DEFENDANT’S MC NAME: Link to post Share on other sites More sharing options...
Pigs_Might_Fly 6 Share Posted September 26, 2017 APPLICATION FOR THE POSITION OF MAGISTRATE IC INFO NAME: Leopold Baldassare AGE: 30 SEX: Male RACE: Human LEGAL BACKGROUND: Magistrate in training under High Magistrate Thomas Staunton-Baden WHY YOU WISH TO SERVE: Because upholding law is essential to the survival of the empire OOC INFO MC Name: Pigz_Might_Fly Link to post Share on other sites More sharing options...
Chorale__ 2147 Share Posted December 7, 2017 Moved to The Great Library. It shall be sorted into the appropriate category shortly. If you feel this is a mistake, please contact myself or any FM and we'll restore it. Link to post Share on other sites More sharing options...
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