Procedimientos Judiciales

[The Sovereignty of Hyspia 222]

 

PROCEDIMIENTOS JUDICIALES

The Judicial Process of the Viceroyalty of Hypsia

Issued by the Office of the Justiciero
15th of FRANCISCO'S RESOLVE, 80 D.R.

 

Procedimientos Judiciales

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Court underway in the courthouse of Hyspia, where a defendant pleads their case.

 

Judicial Proceedings

 

Legal Practices and Ethics

 

The Legal Practices and Ethics of the Viceroyalty of Hyspia have a complex and hierarchical system of governance and justice, based on a series of reciprocal rights and obligations between individuals, with the structure of the overseeings of judicial proceedings.

 

The Rights and Duties of the Viceroy

The rights and duties of the Viceroy are as follows: Preside over legal proceedings; ensure fairness; appoint the Gran Canciller and Justiceiro; maintain law and order; adjudicate disputes; protect his subjects regardless of their social status.

The importance of the Viceroy is to ensure that justice is accessible to all.

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The Rights and Duties of the Gran Canciller

The rights and duties of the Gran Canciller are as follows:  Act on behalf of the Viceroy in his absence; provide legal advice in accordance with the law; preside over trials in the absence of the Viceroy or Justiceiro;  advise the Viceroy; uphold the law, ensuring fairness and justice and protection of the Viceroy’s interests.

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The Rights and Duties of the Justiciero 

The Rights and duties of the Justiciero are as follows: Preside over trials by ensuring fair conduct in line with the law; interpret and apply the law; issue rulings; control court proceedings by  ensuring fairness and impartiality; weigh and evaluate evidence; instruct lower judges; render judgments, sentencing, and remedies; record court proceedings; apply precedent and uphold the Law and the Viceroy’s interests.

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Manorial Court of the Viceroyalty of Hyspia

A manor court with a local judicial and administrative institution held by the Viceroy of Hyspia to settle disputes among the citizens of Hyspia. Decisions of this court are based on local customs and traditions, typically used with the purpose of local justices, land tenure and property matters, collecting dues and fees, administrative functions, enforcing customary law, mediating disputes and documenting trials. 

 

The Burden of Proof

 

Burden of Proof is a fundamental principle in the legal system of the Viceroyalty of Hyspia, The Burden of Proof refers to the responsibility of a party in a legal dispute to provide sufficient evidence to establish their case. Different stands of Proof depend on the type of legal proceedings, detailed below.

 

Civil and Criminal Cases apply to the Burden of Proof with different standards. In both criminal and civil cases, the plaintiff bears the burden of proving the defendant's guilt. 

 

In criminal cases, the prosecution must prove their case ‘beyond a reasonable doubt.’ This is the highest standard of proof in the legal system and means that the evidence must be so strong that there is no reasonable doubt about the defendant’s guilt. 

 

‘Preponderance of the evidence’ is typically identified as the burden of proof. This means that the prosecutor must show that it is more likely than not that their claims are true.

 

The evidence provided must be clear and convincing, especially so in cases of fraud or civil liberties. In cases of bigger crimes, this form of evidence may fall between the preponderance of the evidence and beyond a reasonable doubt standard, requiring a higher level of proof than standard civil burdens.

 

The Legal Proceedings of Hyspia may employ legal presumptions that can affect the Burden of Proof. These are assumptions made by the court unless proven otherwise.

 

The role of the Justiciero has a significant role in determining which party carries the Burden of Proof and instructing the Viceroy on the applicable standard of proof. The Justiciero’s responsibility is to evaluate the evidence presented and determine whether the Burden of Proof has been met.

 

Consequences of failing to meet the Burden of Proof may be decided in favor of the opposing party. If requested, another trial may be presented or a Trial By Combat may be pleaded, but can be rejected by the Justiciero or Viceroy of Hyspia.

 

Pre-Trial

 

At the beginning of a trial, a case initiation will be instituted upon arrest or filed complaint of the accused. This will conduct a charging of the defendant and will initiate a lawsuit or prosecution.

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The parties involved have the right to exchange pleadings. These documents outline the allegations and defenses in the case.

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Both sides will engage in the discovery process, where they gather and exchange evidence. This will involve dispositions, interrogations, requests for documents, or other means of obtaining information. Other means may involve testing of darkspawn and other warrants of arrest from other cities.

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Parties may file pre-trial motions to address legal issues or seek certain rulings from the court. These motions can include motions to dismiss, motions to limine or motions for summary judgment. 

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Parties often engage in settlement discussions or negotiations to resolve the case without going to trial. Settlement can occur at any time during the pretrial process.

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Pre-trial conferences can be informal meetings between the presiding judge and the parties involved to discuss the status of the case. The judge may also address procedural matters and evidentiary issues.

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Motions of Limine are requests that the judge exclude specific evidence from the trial, typically for legal or evidential reasons.

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Preparing trial exhibits is not mandatory but is preferred for each party to prepare physical evidence, documents, and exhibits they intend to present at trial. These exhibits should be organized and labeled for easy reference during the trial. 

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Parties identify and prepare witnesses they plan to call at trial. Subpoenas may be issued to ensure the attendance of witnesses who may be reluctant to testify voluntarily. 

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Trial briefs will be conducted before the trial to help the presiding judge understand the case better. These will be outlining the legal and factual issues, arguments, and case law relevant to their positions.

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Any unresolved pre-trial motions may be argued and decided by the Justiciero or Viceroy.

 

Trial

 

Opening Statements

The plaintiff or prosecution will begin their opening statement that will be followed by the defense. During opening statements, each side provides an overview of their case and what they intend to prove.

 

Presentation of Evidence

The plaintiff of the prosecution presents their case by calling witnesses and introducing evidence. The evidence provided may include documents, exhibits, and witness testimonies. The defense has the opportunity to cross-examine the witness.

 

Direct Examination

The speaker presenting their case questions their own witnesses. The goal is to elicit information and testimony that supports their side of the case.

 

Cross-Examination

The opposing party’s speaker questions the witnesses called by the other side. The purpose is to challenge the witnesses’ credibility and the evidence presented.

 

Rebuttal and Surrebuttal

After the initial presentation of evidence, there may be a rebuttal phase where each side can call additional witnesses to respond to points made by the opposing side.

 

Closing Arguments

Once all the evidence has been presented, both parties make closing arguments. These must be summaries of the case and a final opportunity to persuade the judge or jury. The prosecution goes first, followed by the defense. 

 

Verdict

Once the presiding judge reaches a verdict, a decision will be announced.. The verdict can be “guilty” or “not guilty.” This decision is based on the evidence presented and the law. 

If not enough substantial evidence is presented, a second trial or a request of a Trial by Combat may be put in motion.

 

Post-Trial Motions

After the verdict or decision, either party may file post-trial motions to challenge the outcome. These may include motions for a new trial or motions to set aside the verdict. 

 

Appeals

 

Once the trial is over, either the prosecution or the defendant can appeal to the Viceroy, Justiciero, or Gran Canciller to take a second look at the trial. All citizens of Hyspia, and those prosecuted, are granted the privilege to Appeal. Appeals are not a new trial, and no new evidence can be submitted.

 

Submitting Appeal

To submit an Appeal for a trial, either the Prosecution or Defendant must submit a formal Letter of Appeal to the Viceroy, stating the reasoning for why an appeal should be heard. Those that submit appeals without proper grounds will be fined 50 mina.

 

Preparing an Appellate Argument

Before the actual in person oral Appeal, both the Prosecution and Defendant submit a written argument in which the sides lay out their side of the case. 

 

The Oral Argument

After submitting the written arguments, the Viceroy, Gran Canciller, or Justiciero will summon both the Prosecution and Defendant to court, where the Appellate argument will begin. Both sides will plead their case.

 

The Opinion of the Court

A verdict will not be announced at the time of the oral argument. Rather, the Viceroy, Gran Canciller, and Justiciero will meet and vote on the outcome. The Viceroy or Gran Canciller will then write the formal opinion of the court, which can be published if the Viceroy sees it fit. If the vote is 2-1, the person in the minority of the vote may choose to write a dissenting opinion explaining their reasons for disagreeing.

 

5. The Verdict

The Court of appeals, in their opinion, may:

-Uphold, or affirm the decision of the Viceroy.

-Reverse, or overturn the decision of the Viceroy.

-Remand, or retry the case.

 

6. Closing.

Once the Court of Appeals gives their verdict through their vote, the decision is final. Another Appeal cannot be made, and the decision of the Court of Appeals cannot be overruled. 

 

Sentencing

 

A sentencing phase will occur where the Justiciero or Viceroy will determine the appropriate punishment.

Type of Punishments will be the following determined based on the Justiciero or Viceroy.

Corporal Punishment

Capital Punishment

Exile and Outlawry

Mutilation

Fines and Forfeiture

Public Humiliation

Imprisonment

 

Trial By Combat

Trial by Combat are only subjected if a trial has no proper verdict of the first trial. This may be requested in order to avoid a second trial; a judge or the Viceroy has a right to reject this request based on their own jurisdiction.

 

Combatants will be a Champion chosen by the Viceroy or the prosecutor and the accused. A divine judgment based on the belief that GODAN would favor the innocent or just party and grand them victory in battle. A trial conducted in the presence of clergy and legal authorities, who would oversee the proceedings.

 

Outcome will determine the guilt or innocence of the accused. If a combatant is incapacitated or yields, it is considered a judgment in favor of the opposing party. 

If both combatants are severely injured or killed, the case may be considered inconclusive and alternative legal methods may be employed.

 

 

 

 

 

CON DIOS AVANZAMOS,

HIS HIGHNESS, Cesar II de Pelear, 

Viceroy of Hyspia, Duke of Pacazu, Baron of Arenisca and Del’mar, Lord of Ladorada, Lord of Niseep, Gereon's Hold, and Ciudad de Plata, Gran Maestre of El Orden de Francisco, Protector of the Hyspian People, Protector of the Farfolk, Patriarch of House de Pelear

 

HIS VICEROYAL EXCELLENCY,  Sergio Harold Othaman, 

Gran Canciller de Hyspia, Lord Minister of His Highness’ Government

 

HIS EXCELLENCY, Demitrey Denodado,

Justiciero de Hyspia, Baron of Sevilla, Oficial de Imigracion

 

 

 

Spoiler

Writing credits: puddinyourmom, Nymstra

 

 

Edited December 15, 2023 by Viceroyalty of Hyspia