Gray Amendments Act

[Office of the Registry 2323]

ACT OF THE IMPERIAL DIET

9th of Tobias’ Bounty, 1817

 

GRAY AMENDMENTS ACT

Introduced in the Commons

Passed in the House of Commons & House of Lords

We, the Ministry of Civil Affairs, do so release, in accordance with the Public Record Act of 1751 & beneath the authorization of the Crown, this Act of the Imperial Diet. It shall, as assented within the purview of the Crown, henceforth be enacted and executed as laws, as this document shall serve as the official confirmation of ascension of the Crown. And so it shall, as demanded of the Crown, be transcribed within the Orenian Revised Code wherein this Act of the Imperial Diet shall remain until amended.

INTRODUCTION

The courts, often brought to a standstill due to arcane laws, require procedural changes to ensure efficiency. 

 

SECTION I

Severance Clause:

I.I - The invalidity or unenforceability of any part of this bill shall not invalidate or affect the remainder, which shall continue to govern as though the invalid or unenforceable part were not a part hereof. 

 

SECTION II

Conflict of Laws:

II.I - This bill shall be controlling at the time of its assent, any unaddressed conflicts arising from its passage shall only be answered by the four corners of this bill.

 

SECTION III

Restructuralization of the Courts:

III.I - It shall henceforth be within the jurisdiction of the Circuit Court to give verdict on all claims of criminal and civil law as the trial court in the Empire.

 

III.II - It shall henceforth be within the jurisdiction of the Supreme Court to serve as the court of last resort, as well as serving as the all judicial reviews. 

 

SECTION IV

The Supreme Court - Copy of CH605 with additions:

IV.I - The Supreme Court shall act as an appellate court which serves the entirety of the Holy Orenian Empire.

 

IV.II - This court shall consist of three Justices of the Supreme Court, of whom one shall hold the Chief Justice of the Supreme Court. These Justices of the Supreme Court act with the delegated power of the Crown, and are thus selected by the Crown with the advice and consent of the House of Commons. 

   

IV.III - Any civil or criminal verdict can be appealed to the Supreme Court. 

 

IV.IV - The Supreme Court is delegated the power to overturn any verdict from lesser courts. 

 

IV.V - Any appeal shall be brought by way of petition to the Supreme Court, praying that the matter of the order or judgment appealed against maybe reviewed before those delegated the authority of judgement while seated as a justice of the Supreme Court, in order that the said court may determine what of right, and according to the law and custom of this realm, ought to be done in the subject matter of such appeal. 

 

IV.VI - Any appeal shall not be entertained by the Supreme Court, without the assessment of at least one Justice of the Supreme Court that determines that the appeal is on good and sensible grounds.

 

IV.VII - It is the duty of the Supreme Court to post its judgements on a public forum, as they are conclusions of law at the highest level, therefore becoming precedential conclusions of common law. 

 

IV.VIII - Any verdicts of the Supreme Court shall become binding interpretations of law, unless overturned by subsequent sessions of the Supreme Court, though the court should respect stare decisis.

 

IV.IX - Any offices are hence forbidden from the casting of judgement or the hearing of cases, as only the aforementioned approved judges of the Circuit and Supreme Court may cast judgements of law under the provisions of this legislation. 

 

SECTION V

The Circuit Court - Copy of CH606 with additions:

V.I - The Circuit Circuit, serving as a mobile court with all the Holy Orenian Empire as its jurisdiction, and as the court of imperial wide law, as written within the Oren Revised Code, shall be headed by the justices of the Circuit Court to decide judgements. This position is until resignation, or deemed unnecessary by a vote of the Senate, or alternately the prerogative of the Crown.

 

V.II - No other courts within the territory of the Holy Orenian Empire or its subsidiary realms shall exist with the power to cast judgements in relation to felonies and treason, as well as imperial civil law. 

 

V.III - Only those currently appointed to sit on the Circuit Court may hear its cases. 

 

V.IV - The number of judges on each of these circuits shall evolve according to an ad hoc bassi and shall not be fixed. 

 

V.V - On the competencies of the Circuit Court

V.VA - The judges of the Circuit Court act with the delegated power of the Crown and are thus selected by it with the consultation of the government as well as the advice and consent of the House of Commons.

V.VB - The rulings of the Circuit Court are to adhere to both Imperial law and, in case of no conflict, provincial law, specifically that pertaining to the location in which the offenses originated. In instances of conflict between these codexes with either offenses or penalties, Imperial law shall reign supreme. 

 

SECTION VI

The Legal Procedure Act - Certain sections copied with additions:

    VI.I - Legal Procedure Act (1772): Invoking a Criminal Trial

VI.IA - The Imperial Government may summon an individual not in custody before the Court on criminal charges by submitting a subpoena;

VI.IB - A subpoena is not required to proceed with a trial when an individual is in custody. 

 

    VI.II - Legal Procedure Act (1772): Invoking Judicial Review

VI.IIA - Any Imperial subject or government may submit a Request for Judicial Review to call upon the Supreme Court to review the legality of any Edict, Act, Ordinance or Order issued throughout the Empire; 

VI.IIB - Only the Supreme Court may accept and enact Judicial Reviews; 

VI.IIC - A Judicial Review does not require a trial but the Court may call for a hearing on the matter;

VI.IID - The Court shall accept a request for Judicial Review on majority vote;

VI.IIE - In finding a matter to be in violation of existing law upon completion of Judicial Review, the matter shall be deemed null and void. 

 

    VI.III - Legal Procedure Act (1772): Hearings

        VI.IIIA - Section III.I: Hearings, is struck from the Legal Procedure Act.

 

    VI.IV - Legal Procedure Act (1772): Disclosure

VI.IVA - Upon the submission of a Subpoena or Petition for summons; a Defendant may submit a Replying Affidavit outlining their response to the alleged offenses prior to trial.

 

    VI.V - Legal Procedure Act (1772): Jury Selection

VI.VA - A jury may be appointed at the discretion of the presiding judge, at the request of either party;

        VI.VB - In all other cases, the presiding judge shall serve as the trier of fact.

VI.VC - Jurors shall be obliged to disclose any previous or current; relationships, interactions or opinions of any party involved with a trial;

VI.VD - Judges are permitted to modify the jury as necessary to account for potential biases or other practical concerns. 

 

    VI.VI - Legal Procedure Act (1772): Book of Evidence

VI.VIA - All a party’s evidence must be contained within a single Book of Evidence, submitted to the presiding Judge and exchanged with the opposing party at least thirty minutes prior to trial; 

VI.VIB - A Book of Evidence must not be altered once exchanged with an opposing party; 

VI.VIC - When significant new evidence comes to light after a Book of Evidence is exchanged, a Judge shall be obliged to allow an alteration and an updated Book of Evidence must be circulated to the opposing party, who may request the trial to be delayed by an additional thirty minutes; 

 

    VI.VII - Legal Procedure Act (1772): Unmentioned Sections

VI.VIIA - All unmentioned sections of the Legal Procedure Act (1772) shall remain in effect as previously written. 

 

As introduced by,

    Representative FAROOQ B. GRAY,

On This Tobias’ Bounty, 1812.

 

As co-sponsored by,

    Representative VINZANT VAR RUTHERN.

 

As penned by,

    Legal Archivist ZAVIER CARRANZA.

 

As affirmed by,

    Her Excellency, the Director of Civil Affairs,

    Princess JOSEPHINE AUGUSTA.

 

    Issued and proclaimed,

    John VIII, by the grace of GOD Holy Orenian Emperor, forever August, King of Renatus, Curon, Salvus and Seventis, Defender of the Faith, Grand Duke of Ves, Duke of Adria, Novellen and Lorraine, Baron of Renzfeld, Protector of the Heartlanders, Highlanders and Farfolk, etcetera.