Welcome Guest [Log In] [Register]


Judicial
Members of the Court

Lord Chief Justice: Vacant
Monarch: Harriet Talleyrand
Lord Justice: Vacant




Legislative

House of Peers

Lady High Steward: H.M Queen Harriet I






Monarchy

Ruling Family: Talleyrand-Epistre

Monarch: H.M Queen Harriet I
Princess Consort HSH Elizabeth Talleyrand
Archduke: HRH Hosp







Constitution



Executive
Lord High Chancellor: Vacant

Lord Great Chamberlain: Vacant
Lord Justice General: Vacant
Lord High Constable: Vacant
First Lord of Interior: Vacant
Lord President: Vacant
Lord High Admiral: Vacant

Royal House

Officers of the Royal Household

Lady in Waiting: Lady Ellie Countess Paris
Lord Privy Seal: HRH Prince Lee Cruz
Lord Marshal: Vacant
Lord Private Secretary: Vacant

Welcome to The Queendom of Harriet ~ Today is , ~ Member Count: 8 ~
Add Reply
Supreme Court Rules; Rules of the Supreme Court
Topic Started: Mar 12 2014, 11:50 PM (97 Views)
H.M Queen Harriet I
Member Avatar
Queen
Supreme Court Rules
 
Rules of the Supreme Court of the Queendom of Harriet

Posted Image



Article I – Internal Rules of the Supreme Court

1) The rules of the Court may be changed by a majority of Justices.

2) The Lord/Lady Chief Justice shall have the power of veto of the changes.

3) The most Senior Justice is the Lord/Lady Chief Justice, the next most senior is the Monarch and then the Lord/Lady High Justice. If the Monarch elects to not sit on the Bench the Lord/Lady Justice is the most junior member.

4) No Justice may be involved in a case in which:

a) Which they are a party to;
b) Which they are a witness of.


5) Any section of this which is inconsistent with the Constitution or other law is invalid.

6) The Court shall hear all cases en banc.

7) Any Justice can grant extensions of time to any party on request, however it may be overturned by a majority of other Justice. In the case of two Justices disagreeing the senior Justice shall prevail.


Article II - Rules of Behaviour at in the Courtroom

1) All people posting in the Court must follow these rules

a) All parties must remain respectful to everyone involved;
b) Only participating parties and witnesses to the case may post;
c) All parties shall speak the truth and not mislead the court in any way;
d) All parties must complete a Judicial order within the time limit set by the Court


2) The breach of any rules in Article II a) to c) will result in a warning and any further breach will be found in contempt of court while any breach of Article II d) will result in immediately being found in Contempt of Court

3) Possible punishments for Contempt are;

a) Post Moderation;
b) Restriction from posting in x.


4) Any Justice can find someone in contempt of court, however it may be overturned by a majority of other Justice. In the case of two Justices disagreeing the senior Justice shall prevail.


Article III - Filing and Acceptance of Cases

1) When any person wishes to file a case with the Court, they or an lawyer on their behalf must try to present this information to the fullest extent they possibly can:

a) The name of the petitioning party;
b) The name of the responding party;
c) The type of the lawsuit and on what grounds it is being brought on;
d) What remedy they would like the Court to enact;
e) A list of all evidence and witnesses.


2) Any person can ask for a writ of Certiorari asking for Judicial Review as long as the claim is reasonable.

3) Any Justice may accept any case at any time, this may be overturned by a majority of the Justices and in the case of two Justices disagreeing the Senior Justice prevails.

4) A temporary order may be issued by a Justices of Supreme Court, this may be overturned by a majority of the Justices and in the case of two Justices disagreeing the Senior Justice prevails.

5) Whenever any case is accepted by the Court, notice shall be given through PM to the respondent.


Article IV - The Arraignment

1) The first stage of a criminal trial is the Arraignment, an Arraignment must begin 24 hours after a warrant is issued for someone's arrest, a writ of habeas corpus is issued or after a criminal case request has been accepted by the Court.

2) At the Arraignment the defendant will have 24 hours from the beginning of the Arraignment to enter a plea. If a plea is not entered within 24 hours then the Court will enter a plea of not guilty automatically for the defendant and the trial may continue in absentia.

3) Pleas available:

a) Guilty;
b) Not Guilty.


4) Plea Bargains between the defendant and prosecution are allowed if accepted by a majority of the Court.

5) After a plea has been entered pre trial motions can be asked.


Article V - Trial

1) During any trial at which questions of fact are at issue the trail shall proceed in this order

i) The petitioner will have 24 hours to submit an opening statement.
ii) The respondent will have 24 hours to submit an opening statement.
iii) The petitioner shall have 24 hours to begin presenting evidence, making an argument which may include witnesses.
iv) The defence may cross-examine a witness will be able to cross examine that witness then or at a later point in the trial.
v) The defence shall have 24 hours to begin presenting its case.
vi) The petitioner shall have 24 hours in which to start a cross examination of any witnesses.
vii) The prosecution and the defence shall both have 24 hours to submit a closing argument.
viii) The Court will deliver a verdict.
ix) The Court will deliver a sentence.


2) During any trial at which only questions of law are at issue the trial shall precede in this order

i) The petitioner will have 24 hours to make an opening argument
ii) The respondent will have 24 hours to make an opening argument.
iii) The petitioner will then have 24 hours to make a rebuttal argument.
iv) The respondent’s will then have 24 hours to make a rebuttal argument.
v) The court will make it decision.

3) Amicus curiae briefs can be brought before the Court during a case involving Judicial Review, any Justice can accept to hear the Amicus curiae brief however it may be overturned by a majority of other Justices. In the case of two Justices disagreeing the senior Justice shall prevail.

4) At the end of all criminal trials, both parties will be able to suggest punishment for sentencing.

5) In a criminal case if the Justices are spilt on the verdict the not guilty verdict prevails.

6) In a non criminal case if two Justices disagree on sentencing the Senior Justice prevails.

7) Justices may write the majority opinion, dissent or concurrence they may also join any of the above.

8) In Civil Cases the responding party may be found liable or not liable.

9) In Criminal Cases the defendant is either found guilty or not guilty.

10) At any point during a civil case a settlement can be done between Plaintiff and Respondent.


Article VI - Legal Questions

1) Any individual may ask a legal question in the Court, the Court may refuse to answer and if it does answer does not act as binding precedent.


Article VII - Motions

1) Motions made by parties may be accepted by a majority of the Court, in the case of two Justices disagreeing the senior Justice shall prevail.

2)These motions are acceptable:

a) Motion to dismiss;
b) Motion for summary judgement;
d) Motion for a directed verdict;
f) Motion for new trial;
g) Motion to set aside judgement;
h) Motion for nolle prosequi;
i) Motion to compel.



Article VIII - Objections

1) Objections can be made by parties at any point, any Justice can sustain or overrule an objection, however it may be overturned by a majority of other Justice. In the case of two Justices disagreeing the senior Justice shall prevail.

2) These objections are acceptable for during witness questioning:

a) Ambiguous: the question is not clear and precise enough for the witness to properly answer;
b) Argumentative: the question makes an argument rather than asking a question;
c) Asked and answered: when the same attorney continues to ask the same question and they have already received an answer. Usually seen after direct, but not always;
d) Assumes facts not in evidence: the question assumes something as true for which no evidence has been shown;
e) Badgering: counsel is antagonizing the witness in order to provoke a response, either by asking questions without giving the witness an opportunity to answer or by openly mocking the witness;
f) Best evidence rule: requires that the original source of evidence is required, if available; for example, rather than asking a witness about the contents of a document, the actual document should be entered into evidence;
g) Beyond the scope: A question asked during cross-examination has to be within the scope of direct, and so on;
h) Calls for a conclusion: the question asks for an opinion rather than facts;
i) Calls for speculation: the question asks the witness to guess the answer rather than to rely on known facts;
j) Compound question: multiple questions asked together;
k) Hearsay: the witness does not know the answer personally but heard it from another;
l) Incompetent: the witness is not qualified to answer the question;
m) Leading question: the question suggests the answer to the witness. Leading questions are permitted if the attorney conducting the examination has received permission to treat the witness as a hostile witness. Leading questions are also permitted on cross-examination, as witnesses called by the opposing party are presumed hostile;
m) Narrative: the question asks the witness to relate a story rather than state specific facts;
o) Privilege: the witness may be protected by law from answering the question;
p) Irrelevant or immaterial: the question is not about the issues in the trial.

3) These objections are acceptable for material evidence:

a) Lack of foundation: the evidence lacks testimony as to its authenticity or source;
b) Fruit of the poisonous tree: the evidence was obtained illegally, or the investigative methods leading to its discovery were illegal;
c) Incomplete: opposing party only introducing part of the writing, taken out of context;
d) Hearsay evidence: requires that the original source of evidence is required, if available.


Article IX - Appeals

1) Appeals can be made if gross error has been made by the Court, Constitutional rights infringed or new evidence comes to light that could change the outcome of the verdict.[/center]
Edited by Queen Harriet I, Mar 13 2014, 01:59 AM.
Posted Image


H.M Queen Harriet Aurelia Talleyrand-Epistre I Queen of Harriet.




Posted ImagePosted Image
Offline Profile Quote Post Goto Top
 
1 user reading this topic (1 Guest and 0 Anonymous)
« Previous Topic · Supreme Court of the Queendom of Harriet · Next Topic »
Add Reply