Search the Community

VE WICACZJOEST THE AULIC COURT Issued by THE AULIC COURT Naf zwy 8th hag i Gronna ag Drobba i 468 E.S. Penned by Chief Jovenaar Arthur Stafyr I.) INTRODUCTION With the proclamation of the Edict of Staalgrav, the Aulic Court’s attention has been drawn toward explaining the function of the judiciary, formally establishing judicial procedure, documenting the Jorenic legal traditions, and creating a comprehensive anthology of legal resources. It is with pride that we release the result of these endeavors to the general public, in the hope that doing so might allow for transparency between the Crown’s many subjects and the judiciary. II.) WHAT IS THE AULIC COURT? The Aulic Court is a body which has been invested with the power to conduct impartial, free, and fair trials at the behest of His Majesty, the King of Haense. In line with the principles espoused in the Jorenic Rights, those accused of a crime within the Kongzem are entitled to a fair trial prior to the sentencing of punishment. During these proceedings, they shall have the opportunity to defend their innocence and disprove the claims leveled against them. Additionally, the Aulic Court is charged with interpreting the meaning of the Haeseni legal codex, the Haurul Caezk. This is done through a process known as judicial review, in which Jovenaars are charged with writing opinions on the meaning of the law to act as guidance in future decisions. As per the Edict of Staalgrav, all prosecution is to be handled by the Office of the Lord Palatine, which may be delegated to a Crown Prosecutor in some cases. Investigation is handled by the Brotherhood of Saint Karl, which is charged with gathering evidence pertaining to criminal investigations at the behest of the Lord Palatine or his Crown Prosecutor. III.) THE HAURUL CAEZK One of the primary duties of a Jovenaar of the Aulic Court is to interpret Haeseni law, which is denoted in its legal codex, the Haurul Caezk. In addition to outlining the Kingdom’s governmental operations, the Haurul Caezk is paramount to the arbitration of justice. The Haurul Caezk is split into four elemental books, which define the entirety of the Kongzem’s legal framework. While most trials concern that which is found within the second of these books, the Jura i Krima, the Aulic Court has the ability to review any part of the Haurul Caezk. Reviews of the Haurul Caezk are normally done at the behest of the Aulic Government, a letter affirmed by a majority of the Royal Duma, a direct request from the King, or even an individual’s letter sent to a Jovenaar. The Haurul Caezk can be found here. IV.) THE JOVENAARS The Jovenaars of the Aulic Court must be well versed in the Haurul Caezk, both to be able to pass sentence and to interpret the law when a part of it is brought forth before the Aulic Court to be reviewed. Elevation to the bench of the Aulic Court is usually bestowed after one of two prerequisites for candidate is met: A lifetime dedicated to studying and / or upholding the Haurul Caezk in such a way as to be personally requested to join the court by the King or the Chief Jovenaar. The completion of a clerkship under the Aulic Court, during which an individual has shown exceptional merit. While there is no limit to the number of Jovenaars that may sit on the Aulic Court, it is normally customary for four to six to be on it at any given time. They are appointed by mutual agreement of the King and the Chief Jovenaar as per the structure established in the Edict of Stalgraav. V.) THE VARIETIES OF TRIAL As outlined by the Haurul Caezk, there are three Varieties of Trial by which a dispute may be resolved. These include the following: TRIAL BY PLEA - A trial wherein all parties shall present their case to the court by word of mouth and evidence. This shall be the default form of trial when parties cannot agree to undertake one by another form. TRIAL BY COMBAT - A trial wherein the parties shall duel to first yield to determine the wrongdoer. TRIAL BY WIT - A trial wherein the parties shall play a game of chance or wit in which Godan will favor the righteous. A Jovenaar is charged with being the arbiter of trials of each of these types. In the case of a Trial by Combat, they will serve as referee to the fight. And in the case of a Trial by Wit, they shall determine the rules of the game that is played. VI.) CRIMINAL AND CIVIL TRIALS While it is important to know how to handle the other forms of trial, it is the Trial by Plea for which Jovenaars are most known for arbitrating. In a Trial by Plea, the proceedings may either be civil or criminal in nature. They differentiate in the following ways: CIVIL TRIALS: In a Trial by Plea by which a personal grievance has been brought before the Aulic Court by an individual, civil proceedings will be initiated. The Plaintiff, or the aggrieved individual, shall be given an opportunity to substantiate his case against the Defendant in the matter. These will usually result in a minor punishment being administered if the Defendant is found to be at fault, though not always. CRIMINAL TRIALS: In a Trial by Plea by which the Crown has brought forth a grievance before the Aulic Court, a criminal trial shall be initiated. The Palatine and those prosecutors who serve within his office shall be given the responsibility of substantiating the Defendant’s guilt, and may charge them for higher punishment beyond mere financial restitution and the likes. After all the evidence and testimony that is pertinent in a case, a Jovenaar shall decree a verdict in line with the guidelines espoused in the Haurul Caezk. VII.) TRIAL PROCEDURE While Jovenaars are given implicit leeway to determine the rules behind a Trial by Plea, there are two widely employed variants of trial procedure used most often in the Aulic Court. The first prioritizes careful empirical scrutiny whereas the second prioritizes speed in the deliberations. BEJ KAIYER: The Bej Kaiyer, roughly translating into “The Long Gathering” in New Marian, is meant for careful empirical deliberation. This entails the presentation of witnesses, evidence, objections, and the following of traditional directs and cross-examinations. Those civil disputes or crimes potentially carrying a weighty punishment are usually tried via the Bej Kaiyer. OVIY KAIYER: The Oviy Kaiyer, roughly translating into “The Short Gathering” in New Marian, is a newer form of trial meant to prioritize speed and swift justice in the consideration of a minor criminal or civil matter. It entails short presentations on the part of the Crown or Plaintiff and the Defense, with each being given the opportunity to respond to the arguments and evidence of the other. This trial type is meant to prevent the hindrance of justice and allow the Aulic Court to instead focus on graver matters when using the Bej Kaiyer. The guidelines surrounding the Bej Kaiyer and the Oviy Kaiyer are available for public perusal here. VIII.) JUDICIAL REVIEW The King, the Aulic Government, the Royal Duma, and private citizens all have the ability to request that a part of the Haurul Caezk, as well as any other act of law, be subjected to judicial review by the Aulic Court. During these proceedings, the entire body of the Aulic Court shall meet to interpret or discuss the legality of the text in question. Chaired by the Chief Jovenaar, this body shall discuss and deliberate until a formal vote is held to determine the matter at hand. Thereafter, an opinion on it shall be written and published for the public’s perusal. All matters of judicial review are to be determined by a majority vote of the entire body. Votes may be tendered in absentia, although proceedings are only to be had if at least a majority quorum is met to do so. IX.) THE JORENIC LEGAL TRADITION The Jorenic Legal Tradition refers to the many customs of Highlander law that have been established in the northern realms since Saint Joren, son of Horen, named the first lawspeakers in times immemorable. The ancient philosophy of Biharism, first propagated by Saint Henry Bihar, advocates for political mobility and the freedom of the individual. Among these writings include a set of ancient principles known as the Jorenic Rights. “To each freeman is his own life, to take it is to be a thief, To each freeman his own time, to take it is to be a slaver, To each freeman his own sword, to take it is to blind him, To each freeman his own wife, to take it is to injure him, And to each freeman his own farm, to take is to make him no man.” They are considered to be of the utmost importance to the spirit of the law, and are taken into consideration as Jovenaars conduct the process of judicial review. Other precedents scattered throughout Haeseni culture, such as the Highlander code of honor, are often also taken into account during these proceedings in a similar vein of thought. X.) CLERKSHIP The importance of training the youth of the Kongzem is not unrecognized by the Aulic Court, and thus a robust clerkship program is to be employed within it for young men and women to study under as judicial clerks. Clerks may be asked to write transcripts, perform errands, assist in the drafting of administrative missives, and even serve as counsel during the later stages of their apprenticeship to the bench. It is the hope of the Aulic Court that this training regiment will better prepare those taking part to be considered for appointment to the bench themselves one day, or to otherwise gain valuable skills for use in other branches of the Haeseni government. Those interested should endeavor to reach out to the Chief Jovenaar or any other sitting Jovenaar about doing so. XI.) CONCLUSION We hope that this pamphlet may serve two purposes, first and foremostly to educate the public about the place of the Aulic Court as an arbiter of justice and as an anthology of judicial documents and works for Jovenaars to refer to throughout their careers. For more information on how to get involved with the judiciary, those interested in taking part in the Aulic Court should endeavor to contact the Chief Jovenaar, Arthur Stafyr. Similarly, those interested in becoming a state prosecutor should contact the Lord Palatine, Iosif Basrid, and those predisposed to investigation should reach out to the Lord Marshal, Sebastian Bishop.