(Passed) Judicial Protocol Act
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United States of Europe
Great Eurussia
6 posters
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(Passed) Judicial Protocol Act
JUDICIAL PROTOCOL ACT
Authored by the Empire of Great Eurussia
OOC: Since we have no rules YET on judicial procedures and to properly guide everyone especially the Court of Justice on the standard protocol on justice systems around the world especially since we are all dealing with each other here as SOVEREIGN STATES, the following principles of justice must be enforced :
Section 1
If a state charges the regional government or any of its laws thereof, the country holding the presidency of the region shall be automatically compelled to stand in court and the case will proceed whether any of the two parties participate or not.
But if a state charges another state, both must agree to be arbitrated and the court cannot force any state to participate or else the case will never push through.
Section 2
Only the parties involved in a case can present and debate with each other and no one else unless otherwise both parties agree to invite a third party to join.
Section 3
It is only the head of the court can speak in behalf of the entire court provided that they all agree privately but if there is none, it is up to the court who will lead in a proceedings.
Section 4
Any member of the court has no right, if he wish to destroy his credibility, to declare or state his opinions in a proceeding. But he can always ask any party any question.
Section 5
It is always the prosecuting party, the one who started the charges, who should present all his arguments and evidences first. After such the defending party do its part. From then they could debate with each other until their exhaustion.
Section 6
Before the court decides on a case, the presiding justice must first ask all parties if they are done presenting all their arguments and their evidences. The prosecuting must reply first and the defending party follows. After this, no one else can present their side anymore.
If so, the members of the court can now start reviewing everything and each of them can now publicly state their opinion and reasons for reaching whatever their decision.
Section 7
When deciding on a case, the presiding justice is the last to issue his decision and summarize all the other justices opinions, from there a decision is now reached.
From here, any party has the right to file a motion for consideration. One move for the prosecuting party and one move for the defending party, whichever which. Any motion must be heard by the court and open the floor again for arguments.
Section 8
During a motion for reconsideration, all parties will be asked if they are done presenting all their arguments and evidences. If so, the court can now issue their decision again and the presiding justice will be the last to do so and summarize everything.
In this level of the case, the decision is final and executory.
OOC: This is the standard protocol of all courts in the world, if they are democratic, as far as I know. Since we are dealing with each other as sovereign states everyone must be properly notified. If you think any of this principles are wrong, feel free to research the United Nations or the International Court of Justice :-)
Last edited by Great Eurussia on Sun Nov 03, 2013 9:51 pm; edited 2 times in total
Re: (Passed) Judicial Protocol Act
We vote YES.
United States of Europe- Potential World Power
- Posts : 527
Join date : 2013-02-06
Location : Rome, Italy
Re: (Passed) Judicial Protocol Act
We would like to have the rest of the members of the Security Council consider the contents of Section 2.
"Only the parties involved in a case can present and debate with each other and no one else unless otherwise both parties agree to invite a third party to join."
We believe that any side should be able to call any witnesses to its defense and should not need the permission from the other state present to call a nation to its defense in the court. Either this wording makes it seem that nations cannot call other nations to their defense or I simply do not understand what this clause is trying to state.
"Only the parties involved in a case can present and debate with each other and no one else unless otherwise both parties agree to invite a third party to join."
We believe that any side should be able to call any witnesses to its defense and should not need the permission from the other state present to call a nation to its defense in the court. Either this wording makes it seem that nations cannot call other nations to their defense or I simply do not understand what this clause is trying to state.
Marquette (of Pacific)- Potential World Power
- Posts : 597
Join date : 2013-04-16
Age : 25
Location : Snowy Minnesota
Re: (Passed) Judicial Protocol Act
Following the statement by Marquette (not addressed), we withhold our vote.
Official Text
JUDICIAL PROTOCOL ACT
Authored by the Empire of Great Eurussia
Section 1
If a state charges the regional government or any of its laws thereof, the country holding the presidency of the region shall be automatically compelled to stand in court and the case will proceed whether any of the two parties participate or not.
But if a state charges another state, both must agree to be arbitrated and the court cannot force any state to participate or else the case will never push through.
Section 2
Only the parties involved in a case can present and debate with each other and no one else unless otherwise both parties agree to invite a third party to join.
Section 3
It is only the head of the court can speak in behalf of the entire court provided that they all agree privately but if there is none, it is up to the court who will lead in a proceedings.
Section 4
Any member of the court has no right, if he wish to destroy his credibility, to declare or state his opinions in a proceeding. But he can always ask any party any question.
Section 5
It is always the prosecuting party, the one who started the charges, who should present all his arguments and evidences first. After such the defending party do its part. From then they could debate with each other until their exhaustion.
Section 6
Before the court decides on a case, the presiding justice must first ask all parties if they are done presenting all their arguments and their evidences. The prosecuting must reply first and the defending party follows. After this, no one else can present their side anymore.
If so, the members of the court can now start reviewing everything and each of them can now publicly state their opinion and reasons for reaching whatever their decision.
Section 7
When deciding on a case, the presiding justice is the last to issue his decision and summarize all the other justices opinions, from there a decision is now reached.
From here, any party has the right to file a motion for consideration. One move for the prosecuting party and one move for the defending party, whichever which. Any motion must be heard by the court and open the floor again for arguments.
Section 8
During a motion for reconsideration, all parties will be asked if they are done presenting all their arguments and evidences. If so, the court can now issue their decision again and the presiding justice will be the last to do so and summarize everything.
In this level of the case, the decision is final and executory.
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