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Captain
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by Divine Right
May 2001
time: 00:20
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Here is jdjdjd's version with minor changes (language, tightening, typos, etc...) and the 1 big change in the appeals.
Jdjdjd, just create a poll with this. Or if you want, I can do it. Just let me know.
quote:
This amendment hereby creates an official Apolytonian Court (hereafter refered to as "The Court")
1. Purpose:
The Court is constituted to rule upon: contested disputes involving legal interpretation, validity of polls, violations of the Constitution, impeachment, or any other legal dispute of national importance.
2. Construct of the Court:
a. Size of Court:
The Court is composed of Five Justices. Each Justice is to be appointed by the President, and each must be approved by a simple majority of the populace in an Approval Vote.
b. Installing the First Court:
The First Court appointed, upon ratification of this amendment, are to be chosen to staggering terms. One member will serve for one month, two will serve for two months and the remaining two will serve for three months. These first Justices of the Court will be appointed in the following manner: President selects 2 (3 month terms), Vice President selects 1 (two month term), Minister of Imperial Expansion(two month term) selects 1 and Econimics Minister selects 1 (one month term). All appointments must be approved by a majority vote of the public.
c. Terms in office:
There is no limit to the number of terms a Justice may serve.
Each Justice serves a term of three months in length, except as indicated above in 2b. All appointments and re-appointments must be approved by a majority vote of the public.
d. Senior Justice:
The Court is to select a 'Senior Justice', who will be responsible for ensuring that a timely report is published for each decision made by the court that communicates the rationale behind the decision; and make sure that the decision is stored and archived. Failure to provide the report is grounds for an appeal. The Senior Justice will also preside over any hearings before The Court.
e. Other Governmental Posts:
A Justice may not serve in any other governmental post.
f. Reappointment:
At the end of that term a Justice may be reappointed by the President. In cases where a Justice is not being re-appointed by the decision of the President, the President may be bypassed in this process if 75% of the populace re-approve the Justice in a vote. Any citizen may create such a poll. Such a poll would have to conclude before the term is completed.
3. Case Structure:
a. Quorum:
A quorum of at least 3 Justices must be involved in any ruling that is made. Should The Court be tied about how to rule on an issue, any non-voting justice is to then review the case and vote.
b. Rulings:
All rulings are immediately official and final except where appeals are granted.
c. Appeals:
Appeals will be granted if there are grounds to believe that an error in the application of the law has been made. Any citizen directly involved in the case may make an application for an appeal. If 3 or more of the 5 judges decide to grant the appeal, a new trial will be created to examine the case. In that case, the current verdict is placed on hold until after the appeal process.
d. Injunctions:
The Court cannot halt the game to make a decision without a 2/3 vote amongst the people. In case of an emergency due to timing of a turnchat and poll of the populace, the Court may halt the game for 72 hours, but only by unanimous vote of the Court and only if a specific case has been presented to them that must be decided prior to the turnchat. In the emergency case, the Court would immediately have to present a 72 hour poll to the people for their approval of the Injunction. If not approved by the time of the poll's closure, the game immediately resumes where it was before.
e. Case Presentation:
The Court cannot act on any issue until a non-judicial citizen of the nation brings forth an Issue to The Court. Issues to The Court should be posted publicly and must involve a dispute that The Court is empowered to rule upon.
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(edited to fix another thing)
Last edited by Captain on 18-07-2002 at 05:55
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Captain
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by Divine Right
May 2001
time: 00:20
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One more change...
since we removed the impeachment/removal clause, I took the word "impeachment" out of the first paragraph.
that's the only change, but I thought it warranted another post, rather than editing my post buried way up this page.
quote:
This amendment hereby creates an official Apolytonian Court (hereafter refered to as "The Court")
1. Purpose:
The Court is constituted to rule upon: contested disputes involving legal interpretation, validity of polls, violations of the Constitution, or any other legal dispute of national importance.
2. Construct of the Court:
a. Size of Court:
The Court is composed of Five Justices. Each Justice is to be appointed by the President, and each must be approved by a simple majority of the populace in an Approval Vote.
b. Installing the First Court:
The First Court appointed, upon ratification of this amendment, are to be chosen to staggering terms. One member will serve for one month, two will serve for two months and the remaining two will serve for three months. These first Justices of the Court will be appointed in the following manner: President selects 2 (3 month terms), Vice President selects 1 (two month term), Minister of Imperial Expansion(two month term) selects 1 and Econimics Minister selects 1 (one month term). All appointments must be approved by a majority vote of the public.
c. Terms in office:
There is no limit to the number of terms a Justice may serve.
Each Justice serves a term of three months in length, except as indicated above in 2b. All appointments and re-appointments must be approved by a majority vote of the public.
d. Senior Justice:
The Court is to select a 'Senior Justice', who will be responsible for ensuring that a timely report is published for each decision made by the court that communicates the rationale behind the decision; and make sure that the decision is stored and archived. Failure to provide the report is grounds for an appeal. The Senior Justice will also preside over any hearings before The Court.
e. Other Governmental Posts:
A Justice may not serve in any other governmental post.
f. Reappointment:
At the end of that term a Justice may be reappointed by the President. In cases where a Justice is not being re-appointed by the decision of the President, the President may be bypassed in this process if 75% of the populace re-approve the Justice in a vote. Any citizen may create such a poll. Such a poll would have to conclude before the term is completed.
3. Case Structure:
a. Quorum:
A quorum of at least 3 Justices must be involved in any ruling that is made. Should The Court be tied about how to rule on an issue, any non-voting justice is to then review the case and vote.
b. Rulings:
All rulings are immediately official and final except where appeals are granted.
c. Appeals:
Appeals will be granted if there are grounds to believe that an error in the application of the law has been made. Any citizen directly involved in the case may make an application for an appeal. If 3 or more of the 5 judges decide to grant the appeal, a new trial will be created to examine the case. In that case, the current verdict is placed on hold until after the appeal process.
d. Injunctions:
The Court cannot halt the game to make a decision without a 2/3 vote amongst the people. In case of an emergency due to timing of a turnchat and poll of the populace, the Court may halt the game for 72 hours, but only by unanimous vote of the Court and only if a specific case has been presented to them that must be decided prior to the turnchat. In the emergency case, the Court would immediately have to present a 72 hour poll to the people for their approval of the Injunction. If not approved by the time of the poll's closure, the game immediately resumes where it was before.
e. Case Presentation:
The Court cannot act on any issue until a non-judicial citizen of the nation brings forth an Issue to The Court. Issues to The Court should be posted publicly and must involve a dispute that The Court is empowered to rule upon.
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wervdon
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Captain's version definately has my vote.
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BigRed515
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I'm not sure if it's too late to change the ammend, but if it is, a couple important things to include:
I think we should include in this ammendment a couple or rules about the presentation of cases, representaion, and other procedural details so that we can ensure the cases go as quickly and efficently as possible. For example, putting in a rule to have only one representative for each side than can present a case to the court, so that we don't have 200-post long threads of people piggy-backing off each other's cases.
As a collary to that, time limits for presenting the case, so that the presenters know the amount of time they have to confer with the other supporters on their side to present the case.
A quick format for case presentation would make things easier on the judges and the public in reviewing cases.
Finally, I'm not sure if this would make a big difference or not depending on how many cases go in front of the court, but it might be wise to indicate whether the judges pay attention to precedent, or whether each case must be taken seperately on the merits of the case.
The example clauses I was thnking of for this part of the ammend:
3. Procedure of the Court:
a. Only one individual may present a case to the court. This person must either:
i. Be the citizen who brought the Issue before the court
ii. Be directly and specifically appointed by the citizen who brought the Issue before the court
b. Only one individual can defend a case before the court, This person must either:
i. Be the individual who the case has been brought against
ii. Be the directly and specifically appointed representative of the individual who the case has been brought against
iii. Be the directly and specifically appointed representative fo the group who the case has been brought against
iv. Be appointed by the President and approved by a majority of the Ministers if the suit is not brought against an individual or group
c.The case breif must be presented to the Court in full by the within 48 hours of the acceptance of the case
d. The breif must be presented to the court in the following format:
CLAIMANT: (person who brought the issue)
REPRESENTATIVE: (If different than the Claimant)
STATEMENT OF THE CLAIM: (breif title of the claim, 1 sentence at most)
FACTS OF THE CLAIM: (as long as needs to be. Only facts, such as "the election occured from ddmmyyyy through ddmmyyyy", not opinions)
ARGUMENT OF THE CLAIMANT: (opinions)
The respondant must present a breif following the above formate, except that the word "claim be replaced by "response"
e. The Court will give the full weight of precedence to the decisions of the pat, except when decisions of the past contradict. When cases of the past contradict, the more recent case will be given precedence.
--Sorry for the long post, but this is about a court, and law is long and boring  --
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BigRed515
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Sorry, didn't see the poll was already up. That's what I get for posting at work.
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18-07-2002 05:50
Glad you knew this one captain
) came up with the idea, I only allowed it to develop later on with other's help. I would love to help finish the thing off, but with about 6 long posts per hour, and a ton of other stuff to do, I don't think I have much of a chance of staying caught up with what's going on.
, some countries in the real world should take an example on it 
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