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Court Reference Materials
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Topic Started: Jul 5 2007, 09:30 PM (1,805 Views)
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HEM
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Jul 5 2007, 09:30 PM
Post #1
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former substitute senator to aexnidaral seymour
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Constitution IV
Preamble:
We, the people of the Europeian Republic, declare that in order to preserve a more democratic union, provide basic civil rights to the people and supply a more safe, active and open region to the populace hereby notate that we now affirm and establish the Fourth Constitution and Government of the region of Europeia.
Article I
Section A: Presidential Mode of Selection
The Region of Europeia shall be led by a President who shall serve for a term of 60 days and shall be elected by the citizens of Europeia in a system of two-stage popular voting. The second stage of Presidential elections shall be held simultaneously with Senate elections, and the first stage one week prior, unless by virtue of a by-election, and must last a minimum of 24 hours. If two or more candidates are standing for the Office of the President and no candidate attains more than half of the total number of cast votes, a runoff election shall occur between the two candidates with the highest numbers of votes. All elections shall be administrated by the Supreme Chancellor. If he should be absent or unable to do this, the elections shall be administered by the Vice Chancellor. If he should be absent or unable to do this, the elections shall be administered by the Chief Justice.
In case of a tie in the Presidential elections which makes a runoff election impossible, or a tie in the runoff itself, the newly elected Senate shall vote to break the tie.
Section B: Presidential tickets
Any citizen may run for President, but they must choose a willing running mate to be their Vice Presidential candidate before standing for election. The Vice Presidential candidate must also be a citizen, and must run on the same ticket as their corresponding Presidential candidate. Should someone seeking election be a member of a political party, then he or she must gain that party's approval before running under its name.
Section C: Duties of the President
The President's duties shall include, but not be restricted to;
1. Liaising with foreign regions;
2. Signing bills passed by the Senate;
3. Appointing and managing the Cabinet of Ministers; and
4. Serving as Commander-in-Chief of the military, including approval of specific actions by the Grand Admiral, as per Article VI.
Section D: Executive Orders
The President and Vice President prescribe Executive Orders that may issue, amend, or repeal laws or existing Executive Orders, or amend the Constitution. In peacetime, Executive Orders that prescribe, amend, or repeal laws may be vetoed with a majority vote in the Senate; however, in wartime, the Senate loses this veto power. Executive Orders that amend the Constitution must always be approved by an absolute majority vote in the Senate. The President and Vice President may veto each other's Executive Orders within a 72 hour time period.
Section E: Vice Presidential Vacancy
Should the Office of the Vice President ever become vacant, the President shall nominate a citizen to fill the vacant office. This nomination shall be sent to the Senate and must attain a 2/3 majority approval vote for the Vice President-designate to assume the office.
Section F: Duties of the Vice President
The Vice President shall be responsible for advising the President and pursuing or aiding executive projects.
If the President is unable to serve the region for a time, his Vice President shall temporarily assume the duties of the Office of the President until the President either resumes his duties, resigns, or his term expires.
Section G: Presidential Line of Succession
In the event that the Office of the President is rendered vacant, the Office shall fall in order, to:
1. the Vice President;
2. the Senate Speaker;
3. the Chief Justice; and
4. any office following a further order that may be prescribed by legislation.
Shall this order be exhausted, General Elections shall be called as soon as possible within applicable electoral legislation.
If the vacancy is temporary due to an inability of the President to exercise his office for a time, the temporary holder of the Office of the President shall be Acting President; if the vacancy is permanent with the President leaving office, the person to whom the succession falls shall assume the Presidency.
Article II
Section A: Ministerial Cabinet
The President shall appoint a Minister of Foreign Affairs, Minister of the Interior, Minister of Culture and a Grand Admiral. These positions are considered Cabinet positions, though the Cabinet is not limited to the aforementioned Ministries. The President shall be required to appoint the cabinet within 24 hours of him being elected.
Section B: Senatorial Confirmation
Following the designation of Cabinet members, the Senate shall be required to approve all candidates in order for them to assume office. Such approval shall be demonstrated by a simple majority vote. In the event of a tie, such a confirmation vote shall automatically default to Nay, without allowing the President to break the tie.
Section C: Minister of Foreign Affairs
The Minister of Foreign Affairs shall be responsible for:
1. administering embassies;
2. writing and distributing the foreign update;
3. appointing and assigning ambassadors to regions; and
4. the approval and management of all embassies.
Section D: Minister of Interior
The Ministry of Interior shall be responsible for:
1. overseeing the recruitment of new nations into the region; and
2. overseeing the naturalisation of new members onto the regional forums; and
2. administering the influx of citizenship applicants to the region.
Section E: Grand Admiral
The Grand Admiral shall be the head of the Europeian Navy, and shall be selected from the pool of sailors in the Navy. He shall be the operational coordinator of the Navy and shall be responsible for the promotion and demotion of officers, accepting applicants into the Navy, as well as and court-martialling sailors who warrant such appropriate disciplinary action. The responsibilities and powers of the Grand Admiral shall pass to a designated second in command in the Grand Admiral's absence. Article VI details the constitutional composition and operation of the Europeian Navy including further duties and powers of the Grand Admiral.
Article III
Section A: Election of Senators
The Senate shall be the primary legislative branch of the region, and any citizen of Europeia may stand for Senate. Members of the Senate shall be elected by popular vote, which shall occur concurrently with Presidential elections. The candidates who attain the most votes will be deemed successful, and will then become Senators. The number of seats in the Senate shall be determined by an Electoral Panel, as regulated and established by relevant legislation.
The number of seats in the Senate shall be determined by an Electoral Panel seven days prior to the conclusion of the previous term. This Electoral Panel shall be comprised of the Speaker of the Senate, the President and the Supreme Chancellor. If the Electoral Panel fails to announce a determination at this date, the number of seats in the Senate shall not change from the previous term.
Should any seat in the Senate be vacant, for any reason, a by-election must be conducted popularly by the Supreme Chancellor, in order to fill the vacant seat.
Section B: Passage of Legislation
Any Senator may propose an act. For an ordinary Act to obtain passage, it shall require a simple majority (50%+1) vote of the Senate, although amendments to the Constitution shall require a 3/4 absolute majority vote in order to obtain passage. The act becomes law upon receiving the signature of the President. The President may choose to veto such an act, in which case it is returned to the Senate for discussion, following procedure as set out by additional legislation. Additionally, the Senate may simply overturn the veto with a 3/4 vote.
Section C: The Speaker of the Senate
The Senate shall be led by the Senate Speaker. The Speaker shall be elected by the Senate body immediately upon the commencement of a new Senate term. Any Senator may be nominated for the Office of the Senate Speaker, however, no Senator may nominate themselves for the Office of the Senate Speaker.
It is the responsibility of the Speaker to oversee the commencement and conclusion of voting within the Senate, as well as any further duties required by legislation.
Section D: Impeachment and Votes of No Confidence
The Senate may remove the Vice President, a Senator or a Minister with at least a 2/3 Senate supermajority and the President with at least a 3/4 Senate supermajority. Justices may only be removed by at least a 4/5 Senate supermajority.
The Senate may also pass a Vote of No Confidence, which shall require a Senate supermajority of at least 3/4, and shall have the effect of dismissing the President, Vice President, all Cabinet Ministers and the Senate. Following a Vote of No Confidence, it is the responsibility of the Supreme Chancellor to call a General Election, at a convenient opportunity.
Section E: Senatorial ties
If there is a tie at the end of any Senate vote, that tie shall be broken by the President. If he is unable to break the tie or absent, the tie shall instead be broken by the Vice President. If the Vice President is a member of the Senate, unable to break the tie, or absent, the tie shall be broken by the Chief Justice. If the Chief Jusice is unable to break the tie, or absent, the Senate vote shall fail.
Article IV
Section A: Voting in Elections for Official Positions
In any official election, the maximum number of votes each voter may be provided to allocate to candidates shall be equal to the number of positions or seats available.
Section B: Swearing in of Elected Officials
The Supreme Chancellor shall be required to swear in the elected President. If he is absent or unable to do so, the Vice Chancellor shall. If he is also absent or unable to do so, the Chief Justice shall. The following oath shall be used:
"I, [victorious candidate's name], hereby swear [or affirm] to uphold the law of the land of Europeia, to always commit to do what is best for the region, and to keep the region safe from coast to coast. I also swear [or affirm] to lead our armies to victory, and to always put Europeia first when it comes to inter-regional affairs. I swear [or affirm] to uphold all that is right in the region and to work with our allies, friends and rivals to achieve peace, justice and equality."
Section C: Office of the Supreme Chancellor
The Office of the Supreme Chancellor shall be one that HEM shall be permitted to hold permanently, excepting the provisions of Section D, in addition to any other elected or appointed offices.
Section D: Removal of the Supreme Chancellor
The Supreme Chancellor shall only be removed from office by unanimous vote of the Senate and a 4/5 supermajority referendum vote of the citizen body. A minimum of 3/4 of Europeian citizens shall be required to vote in the referendum to render it valid. The Supreme Chancellor shall not be affected by Votes of No Confidence.
Furthermore, the incumbent Supreme Chancellor shall have the ability to resign his position at any time.
Section E: Appointment of a New Supreme Chancellor
In the event that the Office of the Supreme Chancellor is vacant, the new Supreme Chancellor shall be, in order:
1. A Europeian citizen who has been nominated by the predecessing Supreme Chancellor to succeed him; 2. The Vice Chancellor of Europeia; or 3. The successful citizen in a popular vote of the region, with procedures as for Senate by-elections.
However, if the Supreme Chancellor has been removed from office in any manner other than a resignation, the mode of selection of his successor shall automatically default to the third of the above options.
Article V
Section A: Judiciary of Europeia
The Judiciary of Europeia, hereinafter referred to as 'the Judiciary', has the power to interpret the Constitution, Acts and Executive Orders, and may strike down any Act or Executive Order or part thereof that contradicts the Constitution. The Judiciary has the power of judicial review of actions of officials of the region taken in the exercise of his powers. The Judiciary has the power to decide conviction and sentencing in cases of indictment for criminal violations of law, and resolution and compensation on civil actions. The Judiciary may exercise these powers upon being petitioned by an individual eligible to do so.
Section B: Composition and Appointment
The Judiciary comprises four Justices. When there are less than the required number of Justices, the President must nominate as many citizens as required until the requirement is met; a nominee assumes the office of Justice upon confirmation by a two-thirds' majority of the Senate. A Justice is removed with immediate effect upon resignation, or after one hundred and twenty days have elapsed since the day he assumed office, or by a motion for this purpose approved by a two-thirds majority of the Senate.
Section C: Chief Justice and Primus Inter Pares
The Justices must elect a Chief Justice among themselves, when the position is vacant. Justices who are not the Chief Justice may be referred to as Associate Justices. The Chief Justice may be removed by a majority vote among the Associate Justices. The Chief Justice must designate one of the Associate Justices as primus inter pares when one does not exist. The Chief Justice may at his discretion remove the primus inter pares.
Section D: Separation of Powers and Impartiality
Justices may not be in any political party or lobby group or pressure group. Justices may not be members of the Cabinet.
Section E: Duties of the Chief Justice
The Chief Justice is responsible for handling administrative matters related to the operation of the Judiciary.The Chief Justice may, subject to this and other Acts, decide about the procedures for the exercise of the powers and responsibilities of the Judiciary. When the Chief Justice is absent or the position is vacant, the primus inter pares assumes his role for the duration of the absence or until the position is filled. When the primus inter pares is absent or the position is vacant, the Associate Justice that assumed office first assumes his role for the duration of the absence or until the position is filled.
Article VI
Section A: Navy of Europeia
The Navy of Europeia shall be lead by a Grand Admiral appointed by the President, although the official military stance shall be set directly by the President. The Navy may engage in five six different types of missions, all requiring different levels of authorization in order to be dispatched. The President may, however, issue a blanket approval for all Navy missions and permit the Grand Admiral to dispatch missions without express Presidential consent.
Section B: Warzone Missions
A warzone mission may be ordered by the Grand Admiral at any time. This mission takes place in an official warzone in the game.
Section C: Abandoned Region Missions
An abandoned region mission takes place in a region with little or no activity, and has no forum. This mission must be authorized by the President and Grand Admiral.
Section D: War Missions
This takes place in a region under the control, ruled by or part of a region or organization with whom Europeia is engaging in war. The Grand Admiral and President may jointly dispatch these at any time; however, the Senate must declare war with a 3/4 supermajority vote before any missions of this nature may be launched.
Section E: Defence/Assistance Missions
A mission in which the Navy assists an ally in a crucial attack mission or aids in the defence of an ally or friendly region. These may be dispatched by the Grand Admiral or the President.
Section F: Training Missions
A training mission may be ordered by the Grand Admiral at any time. This mission may occur in any region, assuming the region has no founder. The region in question may be occupied for no longer than 1 month unless circumstances dictate a more permanent stay.
Section G: Absorption of Captured Regions
A mission in which the Navy seeks to capture a region and bring it under Europeian control, which may only be dispatched by the President.
Article VII
Section A: Constitutional Precedence
The Constitution of Europeia is the supreme law of Europeia, and any law that is inconsistent with the provisions of the Constitution is, to the extent of the inconsistency, of no force or effect.
The Constitution of Europeia is comprised of this Act (Constitution IV) and the Europeian Charter of Rights Act (2010)
Section B: Constitution III
Constitution IV shall wholly repeal Constitution III, and bar any further amendments to it.
Section C: Laws under Constitution III
All laws current at the passage of this Constitution shall remain active and enforceable under this new Constitution.
Section D: Delayed Enactment of Constitution IV
Constitution IV shall commence at the conclusion of the next General Election after passage by the Senate and approval in a public referendum.
First Amendment changes are no longer present (replaced by the Third Amendment) Second Amendment changes are no longer present (replaced by the Fourteenth Amendment) Third Amendment changes are in pink Fourth Amendment changes are no longer present (replaced by the Electoral Panel Act) Presidential Election Procedures Act changes are no longer present (replaced by EO 56) Fifth Amendment changes are in red Sixth Amendment changes are in green Seventh Amendment changes are in orange Ninth Amendment changes are in purple Electoral Panel Act changes are in italicised green EO 56 changes are in blue Tenth Amendment changes are in italicised blue Eleventh Amendment changes are in italicised red Twelfth Amendment changes are in italicised dark blue Thirteenth Amendment changes are in italicised purple Fourteenth Amendment changes are in light blue EO 64 changes are in dark blue
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HEM
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Jul 14 2007, 10:17 PM
Post #2
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former substitute senator to aexnidaral seymour
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- The Order of Republica
- The Order of Courage
- The Order of Senatia
- The Order of Civil Service
- The Order of The Bronze Star
- The Order of the Purple Star
- The Order of Outstanding Service
- The Order of Dedication
- The Medal of Education
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HEM
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Jul 14 2007, 10:21 PM
Post #3
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former substitute senator to aexnidaral seymour
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The Order of Republica - Granted by the President for Outstanding deeds for the region. It stands as the most prestigious medal.
The Order of Courage - Granted by the President for outstanding service in combat.
The Order of Senatia - Granted by the President for serving in the senate for more than 3 terms.
The Order of Civil Service - Granted by the President for recruiting more than 20 nations to the Region
The Order of the Bronze Star - Granted by the President For service in the ministries of Europeia for more than three terms.
The Order of the Purple Star - Granted by the President for helping expose a spy, invasion or security threat.
The Order of Service to Europeia - This medal is granted for serving in the ministries during a time of hardship or for retiring after outstanding deeds for the region.
The Order of Dedication - This medal is to be granted by the President to those who are deemed to have risen above and beyond the call of duty in their particular department or legislative body.
The Medal of Education - Awarded on recommendation of the Dean of the EuroUniversity, for outstanding and extended service to the EuroUniversity.
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Anumia
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Feb 21 2008, 10:22 AM
Post #4
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Anumia Novo Spiritus
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Written Warning (Class 1) - The simplest form of punishment for a minor crime.
Written Warning (Class 2) - The next simplest form of punishment, for a slightly worse crime or for a minor crime committed while a Written Warning (Class 1) is still in effect.
Written Warning (Class 3) - The last of the written warnings. A Written Warning (Class 3) may be awarded outright for a medium crime, or for a lesser crime committed while a Written Warning (Class 1) or (Class 2) is still in effect.
After a Written Warning (Class 3), more serious punishments may be enforced, either for more serious crimes, or for repeated minor crimes while earlier Written Warnings are in effect. These punishments may include but are not limited to; temporary forum bans, post moderation, temporary or permanent removal/ban from positions in Europeia, and finally, exile from Europeia.
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Signature The One. The Allfather.-- "He stood with his head held high, critics screaming, and did what he truly felt was best for Europeia." - Common-Sense Politics He's the only person in NationStates who can successfully combine outrageous pomposity with a real support for democracy. - Indycar Racing Do I really need to talk about Anumia? The guy can write like Shakespeare, think like Socrates, and I learned on EuroChat yesterday that he can sing too. I bet he's hung like a bull moose. - Common-Sense Politics Anumia, you have a great mind. - Lethen Someone like Anumia only comes around once in a while. - Kabanatuanistan To be perfectly honest, I'm just going to trust Anumia and approve - Falconias I saw your amendment and wondered whether I had died and gone to heaven. It's beautiful. - Swakistek This is why we should all listen to Anumia. Clearly he is a god amongst men. - Fortana | You are not all knowing. You are not all powerful. You are not Anumia. - Griff I have the greatest respect for Anumia - don't let this thread fool you - but I wish he'd stop winning. - Hyanygo Actually, Hy, the things I wanted to say were: Go Anumia! I love Anumia! - Lethen Anumia with whatever power I have I hereby declare you the winner of everything, forever. - Fortana Long live the Emperor! All Hail Anumia, King of Kings! - Peaceful Llamas How about we realize democracy here is flawed and we make Anumia our dictator? - karthikking I agree with you, Anumia, as all Europeians should. - Swakistek To be honest I'm just going to vote whatever way Anumia votes. - Fortana |
Awards I fought in the Osiris Campaign.
  Amusing Quotes - Quote:
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Olde Delaware: AE, The Devil's Game, SPC, NS says (7:36 AM): I need you Sai'on'ay the Light Elf (Shower) says (7:37 AM): For? Olde Delaware: AE, The Devil's Game, SPC, NS says (7:37 AM): an Anumia vs Anumia debate  Olde Delaware: AE, The Devil's Game, SPC, NS says (7:38 AM): Were doing a 4 part debating series with Europeia and Rougiers brought up doing a "Anumia vs Anumia" debate I want you to be our Anumia
- Klatonia,Jul 5 2011
- 04:03 AM
Drop dead, Dre.
- Lethen
- Aug 15 2013, 03:00 AM
You think I fact-check the shit I say? 
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Peaceful Llamas
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Oct 19 2009, 08:12 AM
Post #5
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Quod Erat Demonstrandum
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Judicature Bill (2011)
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This Bill may be cited as the “Judicature Bill (2011)”.
PART I: COMPOSITION AND JURISDICTION
Section 1. Composition of the Court
(a) The High Court shall consist of the Trial Court and the Court of Appeal
(b) The Trial Court shall consist of one judge and shall be presided over by (in order of preference):
(1) the Chief Justice (2) an Associate Justice designated by the Chief Justice (3) the primus inter pares (4) an Associate Justice designated by the primus inter pares
(c.) The Court of Appeal shall consist of all the Chief Justice and the Associate Justices that are on the High Court at the time an appeal is heard and are still on the High Court when a decision on that appeal is rendered; provided, however, no Justice shall participate in the Court of Appeal on any matter if he/she participated in the Trial Court for that same matter, or if he/she is (or was previously) a party to the matter or worked as counsel on the matter.
Section 2. Jurisdiction
(a) The Trial Court shall have jurisdiction over (a) Criminal Cases, (b) requests for Judicial Review, and (c.) Advisory Opinions, in each case as defined in Section 3 below.
(b) The Court of Appeal shall have jurisdiction over appeals from decisions of the Trial Court in Criminal Cases or requests for Judicial Review. The Court of Appeal may also review a decision by the Chief Justice or his/her designate not to accept a case application.
(c.) The High Court may, in its discretion, exercise continuing jurisdiction over any case pending at the time this Act becomes law until the final disposition of that case, including appeals.
Section 3. Types of Cases
(a) Criminal Cases are cases brought by the Republic, or by a person seeking to represent the Republic, against a defendant, alleging that the defendant has violated the laws of Europeia.
(b) Judicial Review is a proceeding which, if successful, would either result in an order by the Court commanding a public official to take (or refrain from taking) a particular action or actions, or would result in a Court declaration that a person is (or is not) the rightful holder of a particular office.
(1) The Court shall order an official to act (or refrain from acting) only if that action is the only lawful action that may be taken by the official -- or, if the order is to refrain from an action, only if that action would be unlawful. (2) The Court may, in its discretion, decline to grant a request for Judicial Review if it determines that the Court's intervention would violate the separation of powers inherent in the Constitution or would otherwise be detrimental to the Republic.
(c.) An Advisory Opinion is a request for guidance by the Court on a current legal controversy.
(1) The Court shall only entertain a request for an Advisory Opinion if the requesting person has a specific stake in the legal controversy -- simply being a concerned citizen is not a "specific" stake, but a citizen seeking clarification of the law before taking a proposed course of action him/herself does have such a specific stake. The Attorney General is always deemed to have the "specific stake" required by this subsection. (2) The Court may, in its discretion, decline to issue an Advisory Opinion, so long as it provides a reasoned basis for its decision.
PART II: PRE-TRIAL MATTERS
Section 4. Case Applications (a) The Court shall designate a place in the High Court that is viewable by all citizens in good standing where citizens may apply to initiate a case before the High Court. The Court may, by a publicly announced rule or procedure, require certain information to be included in an application.
(b) The Chief Justice or his/her designate shall expeditiously determine whether a case application will be granted or denied, and if granted, shall convene proceedings in the case.
(c.) The Chief Justice or his/her designate shall deny any application that names two or more defendants in the same case, unless the defendants are accused of acting as co-conspirators.
(1) In lieu of denying an application, the Chief Justice or his/her designate may establish separate proceedings for each defendant named in the application. (2) The Chief Justice or his/her designate, or any Justice later presiding over a trial, may in his/her discretion order separate trials for defendants charged jointly, even if the defendants are accused of acting as co-conspirators.
Section 5. Right to Counsel
(a) All parties have the right to be represented by counsel in all matters before the High Court.
(b) If requested by a defendant in a Criminal Case, or in case of a defendant tried in absentia, the presiding Justice shall appoint effective defense counsel.
Section 6. Entry of a Plea.
(a) At the commencement of a Criminal Case, the presiding Justice shall notify the defendant of the charges he/she faces and shall invite him/her to plead guilty, not guilty, or no lo contendre.
(1) If the defendant pleads guilty, and the presiding Justice is satisfied that the defendant understands the implications of a guilty plea and has not acted out of coercion or ignorance, then the case shall proceed directly to sentencing.
(2) If the defendant pleads no lo contendre, and the presiding Justice is satisfied that the defendant understands the implications of such a plea and has not acted out of coercion or ignorance, then the Court shall accept the prosecution's statements of fact prior to such plea (whether in the trial thread, the case application thread, or elsewhere in the Court) as correct and will proceed to legal argument concerning whether the defendant is guilty of a crime on those facts.
(3) If the defendant pleads not guilty, the case will proceed to trial.
(4) If the defendant declines to enter a plea, or is being tried in absentia, the presiding Justice shall enter a plea of not guilty on the defendant's behalf.
(b) Plea bargains are acceptable, but sentencing remains at the discretion of the presiding Justice. The presiding Justice shall ascertain whether the parties intend for a plea bargain to be contingent upon the Court's entry of the agreed-upon sentence, or whether the agreed-upon sentence is purely advisory.
(c.) The presiding Justice may, in his/her discretion, order a defendant tried in absentia if the defendant fails to enter a plea within 72 hours and is not on a noticed leave of absence (or does not enter a plea within 72 hours following the end of such a noticed leave of absence).
(d) The presiding Justice may, in his/her discretion, order a defendant on a noticed leave of absence to be tried in absentia if (1) the defendant will be absent for more than one week, and (2) delaying the defendant's trial until he/she returns from leave of absence is not in the interests of justice.
Section 7. Exchange of Evidence.
(a) Prior to trial, both parties (or their counsel) shall provide by private message to the presiding Justice and to the other party (or its counsel) all evidence that the party intends to present at trial, as well as a list of witnesses that the party intends to call at trial.
(b) A party shall not be compelled to present evidence or call a witness simply because it disclosed that evidence or listed that witness prior to trial in accordance with Section 7(a).
(c.) Listing a witness or providing a piece of evidence pursuant to Section 7(a) does not preclude another party from using that evidence or calling that witness.
(d) The presiding Justice may, in his/her discretion, order that presentations of evidence at trial be redacted to exclude material that might intrude on the reasonable expectations of privacy of a RL person, violate the terms of service of the Republic's forum provider, or violate RL laws. Subject to the foregoing, all evidence that forms any part of the basis of the Court's decision in a case shall be made publicly available.
Section 8. Preparation for Trial.
(a) The presiding Justice may, in his/her discretion, convene a pre-trial conference to determine the scope of any factual or legal disputes between the parties so that the trial may be tailored to resolving the relevant disputes between the parties.
(b) If the presiding Justice determines there are no disputed material facts, he/she may order the parties to proceed directly to legal arguments in lieu of trial.
(c.) Following the presentation of evidence required by Section 7(a), but prior to trial, the defendant in a Criminal Case may move for dismissal of the case, and the presiding Justice shall grant that motion if he/she determines that even if all factual disputes and reasonable inferences are drawn in favor of the prosecution, the defendant would not be guilty of any of the crimes with which he is charged or of any lesser included offense.
PART III. TRIAL AND JUDGMENT
Section 9. General Order of Trial.
(a) In general, a trial shall consist of the following stages, in order:
(1) opening statements -- first by the plaintiff or prosecution, then by the defendant or respondent (2) presentation of plaintiff's or prosecution's evidence and witnesses (3) presentation of defendant's or respondent's evidence and witnesses, if any (4) closing statements -- first by the defendant or respondent, then by the plaintiff or prosecution.
(b) The presiding Justice may, in his/her discretion, eliminate phases from a trial in a question of Judicial Review that are not necessary to a proper resolution of the case.
(c.) The presiding Justice shall preside over the trial as he/she in her discretion determines is in the best interest of justice; provided, however, in no event shall a defendant in a Criminal Trial be denied the opportunity to (1) cross-examine the prosecution's witnesses, or (2) present relevant evidence.
(d) Following trial, or in cases where no trial is held (for example, because there are no disputed facts), the Court shall allow both parties to present legal arguments prior to the Court rendering its decision.
Section 10. Judgment.
(a) Following the conclusion of the trial and legal arguments, if applicable, the presiding Justice shall expeditiously prepare and deliver a written opinion stating, in reasonable detail, his/her resolution of all material questions of fact and law and articulating the Trial Court's judgment based on his/her resolution of those questions.
(b) In a Criminal Case, the presiding Justice may, but need not, provide the parties an opportunity to make arguments regarding sentencing following the delivery of a guilty judgment, but prior to concluding the portion of that judgment consisting of the defendant's sentence.
PART IV. APPEALS
Section 11. Timing and Judicial Discretion.
(a) The jurisdiction of the Court of Appeal is discretionary, except in case of timely allegations of judicial misconduct by the Trial Court.
(b) Appeals generally must be posted in the Court within five days following the Trial Court's judgment (or if later, sentencing), but the Court of Appeal may in its discretion decide to entertain a belated appeal.
(c.) A majority of Justices of the Court of Appeal must vote to hear an appeal; otherwise, the Court of Appeal's discretionary jurisdiction is deemed not exercised.
Secton 12. Conduct of Appeals.
(a) The Court of Appeal may, in its discretion, hear appeals in any manner it sees fit, so long as its procedures allow both parties a fair opportunity to be heard.
(b) All matters pertaining to the appeal shall be made immediately available to the public, except to the extent the Court of Appeal determines that considerations similar to those described in Section 7(d) require certain materials to be kept confidential.
Section 13. Standard of Review.
(a) Questions of Europeian law shall be reviewed de novo with no deference given to the holdings of the Trial Court.
(b) The Trial Court's exercise of discretion shall be afforded limited deference, and shall be upheld if the Appeals Court concludes that the Trial Court's exercise of discretion was reasonable.
(c.) With respect to all other matters, the Court of Appeal shall defer to the Trial Court except to the extent the Trial Court was clearly in error.
Section 14. Appellate Rulings and Their Effect.
(a) Following the close of legal arguments, the Court of Appeal shall expeditiously prepare and deliver a written opinion stating, in reasonable detail, its resolution of all material questions of fact and law and articulating the Court of Appeal's judgment based on its resolution of those questions.
(b) A majority of the Justices on the Court of Appeal must agree on each material aspect of a ruling; in the event of a tie vote among the Justices, the Court of Appeal shall be deemed to have affirmed the Trial Court's ruling with respect to that aspect of the Trial Court's ruling.
(c.) The Court of Appeal's judgment shall be final and unreviewable.
(d) The Court of Appeal's interpretation of Europeian law shall be binding on future Trial Courts, except to the extent (1) the relevant Europeian law has changed, because of legislation or otherwise; or (2) the interpretation is distinguishable based on factual differences between the two cases.
PART V. GENERAL MATTERS..
Section 15. Court Rules. The Court may, formally or informally, establish rules and procedures consistent with this Act and other applicable laws to govern its own proceedings; provided, however, such rules or procedures must be made publicly available to all citizens.
Section 16. Amendment to Constitution. To the extent there is any conflict between this Act and the Constitution, the Constitution is amended to strike the provisions that conflict with this Act. The keeper of the Republic's legal index is hereby authorized to make any changes to the Constitution necessary to give effect to this Section 16.
Section 17. Repeal of Court Procedure Act. This Act repeals the Court Procedure Act.
Mr. President, with a unanimous vote of five Ayes, this bill has passed the Senate and now awaits your signature or veto.
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The Right Hon.

Press Secretary Associate Justice
Member of the Order of the Senatia Councillor of the Year, 2010 Europeian Achievement Awards
[hide=Former Positions & Positions Abroad]Chief Justice (2 terms) Senator (6 terms) Deputy Speaker (3 terms) Primus Inter Pares (More Than Once) Associate Justice (7 times) Attorney General (4 terms) Mayor (1.5 terms) Deputy Mayor (10 days) City Councillor Senate Clerk (A Long Fucking Time) Junior Minister (Culture & FA) Ambassador
Currently, in The New Inquisition Reich Elector Reichstag Delegate (13th term)[/hide]
  
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Cordova I
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Oct 30 2009, 10:10 PM
Post #6
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Former Everything
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List of Precedences
A. High Treason
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From the State Vs. Falconias Compiled by: Judicial Intern Aramor
1. Prosecutor: HEM
2. Defendant: Champagne Jam/Falconias; Defended by Hyanygo
3. Charge: Champagne Jam is "giving our enemies aid and comfort, attempting to help our enemies," cited from Article V of Constitution. He also breaks the Anti-Espionage Act, as well as his Oath of Citizenship.
4. Evidence (Types): The Oath of Citizenshp, taken at citizenship application. An MSN conversation with Numero that CJ was leaking info, albeit "nothing sensitive." In addition, in his citizenship application, he verified he had been in no other regions, and was quite new.
5. Brief Summary of Arguments from the Prosecutor (Only main points): CJ was leaking info, in order to help the FRA infiltrate various raider organizations. It was also "crime by morality," a crime affirmed the "The Crown v. Lord Alphanesia" case.
6. Brief Summary of Arguments from the Defendant (Only main points): Treason has never been stated to be illegal, and only has been defined. FRA is not the enemy, and is therefore not considered leaking. They have not claimed to ever assist another region.
7. Presiding Justice's Verdict and Why: Anumia; case dropped by prosecution because of time.
8. Sentence (If any): None
9. Irregularities (If any): None
B. Deceiving the Public (Having Multiple Accounts for one Citizen)
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From Europeia V. DematariaCompiled by: Judicial Intern Dyr NasadLink: http://z6.invisionfree.com/Europeia/index.php?showtopic=86451. Prosecutor:Pope Lexus X Defendant:Demataria 3. Charge:Deceiving the Public 4. Evidence (Types):Two registered citizen accounts with matching IPs and similar email addresses 5. Brief Summary of Arguments from the Prosecutor (Only main points):multiple citizen accounts (Demataria and Franco Britania) multiple IPs (4) using proxies (2) 6. Brief Summary of Arguments from the Defendant (Only main points):registered an account for an inactive [blind] friend whose home he frequents claims not to understand proxies/dynamic IPs 7. Presiding Justice's Verdict and Why:Guilty - insufficient evidence on the part of the defendant to prove that the second account (Franco Britania) was owned by the defendant's friend and not Demataria himself 8. Sentence (If any):Franco Britania - stays in the "non-citizen" group 24 hour forum ban written warning that no other misdemeanors can be permitted by the defendant for the next 31 days or the misdemeanors will be treated as felonies 9. Irregularities (If any):The defendant spoke out of turn, and prosecutor called him out on that (again, out of order), and HEM spoke about the findings of an IP trace on the defendant's IP (also out of order) - the presiding CJ informed them that they were out of order and should not continue posting. All parties complied The defendant failed to get his friend to post (after saying that he would do so) - the evidence that, considering the way the CJ worded his verdict, would have proven the defendant to be innocent
C. Abuse of Admin Powers
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From Europeia V. LethenCompiled by: Chief Justice Cordova ILink: http://z6.invisionfree.com/Europeia/index....showtopic=122891. Prosecutor:Demataria/Carracalla Defendant:Lethen 3. Charge:Abuse of Admin Powers 4. Evidence (Types):Links and Admission to breaking said law 5. Brief Summary of Arguments from the Prosecutor (Only main points):Lethen, as an admin, was looking into the private headquarters of the NCP, a Europeian political party. Demataria states that no one should be above the law, and that Lethen should be punished for what he did. 6. Brief Summary of Arguments from the Defendant (Only main points):Lethen pleaded not guilty. He admitted that he has indeed used his admin powers to peek around, however, there's no evidence that he did it in this case, nor can one apply law retroactively. 7. Presiding Justice's Verdict and Why:None, due to plea bargain. 8. Sentence (If any):A plea bargain was reached, after the trial was over. Lethen had his admin powers taken away for 72 hours, and he had to issue a public apology. 9. Irregularities (If any):None
D. Slander/Abuse of Admin Powers
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From Cary v. AramorCompiled by: Judicial Intern Dyr NasadLink: http://z6.invisionfree.com/Europeia/index....showtopic=135621. Prosecutor:Ryanotia (on behalf on Cary) 2. Defendant:Aramor 3. Charge:Abuse of ADMIN powers Slander 4. Evidence (Types):Screenshot of Europeian forum in question Link to a Twitter account 5. Brief Summary of Arguments from the Prosecutor (Only main points):The defendant was making false statements about the prosecutor, and used his Admin powers to make the insults more easily viewable by the public. 6. Brief Summary of Arguments from the Defendant (Only main points):The defendant was speaking freely and was quoting from the prosecutor's own words. He used his Admin powers because he thought the public would be interested. 7. Presiding Justice's Verdict and Why:None, case dropped. The Justice at the same, Cordova I, did give a legal opinion of the case, citing that although what Aramor did was socially inappropriate, it was not illegal. 8. Sentence (If any):None, case dropped. 9. Irregularities (If any):The charge of harrassment was dropped, because Aramor apologized to Cary. The AG falsely thought he was to represent the defendant.
E. Slander
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From Falconias v. HEM Compiled by: Associate Justice Peaceful Llamas
1. Prosecutor: Falconias
2. Defendant: HEM
3. Charge: That HEM committed slander by saying that Falconias was an alleged spy.
4. Evidence (Types): Quote where HEM referred to Falconias as a "former sp[y] (allegedly)" and told a new member who had joined Falconias' party that he thought it to be a "bad political move."
The law in question was the Code of Law Act, Section 4, Article F. 'F.) "Slander:" Generating false, defamatory, and/or malicious statements or reports against a person or group of people.'
5. Brief Summary of Arguments from the Prosecutor (Only main points): Since not on trial and was found innocent, Falconias was no longer an alleged spy. Though comments were not necessarily false, they were defamatory. Also, they were malicious since they were intended to put a poor impression of Falconias and his party in the eyes of a new member. Same argument for defamation. The comment further damaged the party, and in turn Falconias, as he was the "voice and face" of the party.
6. Brief Summary of Arguments from the Defendant (Only main points): Asserted that the Freedom of Speech Act gives HEM the right to express his opinion, as long as another law does not come into play. Claimed that his words were not slander since they were not false (CJ was tried for treason, not spying, and was acquitted mainly on lack of evidence, rather than evidence in defence of him) and that the intention was malicious, nor for the purpose of defamation, but rather to educate a new member in Europeian history that was relevant to him since he had recently joined Falconias's party. Also said that ruling in favour of Falconias would set a bad precedent; that the right to free speech does not matter
7. Presiding Justice's Verdict and Why: Oliver Grey noted that the and/or in Article F, Section 4 of the Code of Law Act shifts the burden of proof mainly to malicious, as it does not have to be false of defamatory. Found that the comment was not false (which has been accepted by both sides). Further found that even if HEM's comments did not have malicious intent (which Grey did say was necessarily false), that a reasonable person should recognize that such a comment would have malicious effect. However, it was also found that as Falconias is a "Political Figure" and he "is not protected from robust or outrageous statements to the same degree as a private citizen." HEM's intent was found to be, most likely, to provide information. Cautioned HEM that such speech in a party's private forum was likely to come off as malicious and suggested that he make such comments elsewhere on the forums. Verdict: HEM was Not Guilty of slander.
8. Sentence (If any): None
9. Irregularities (If any): None
10. Further Notes: The relevant section in the Code of Law has since been amended to read: 'F.) "Defamation": the injuring or potential injuring of the reputation of another, whether an entity or a person, by manner of a communication(s) or intended communications(s) to a third party that is untrue and has the potential to injure the reputation of said entity or person. Classed as "Libel" when written as a statement or official communiqué (such as newspaper issues, foreign updates, government reports, and the like), and "Slander" when made as part of an ordinary forum post in any matter not classed as "Libel".' This means that it must now be UNTRUE to be considered as such.
F. Use of Obscene/Aggressive Language
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From The State V. Cary Compiled by: Chief Justice Cordova Ihttp://z6.invisionfree.com/Europeia/index....showtopic=147691. Prosecutor: On behalf of the state, Acting Attorney General Numero and private citizen Common-Sense Politics 2. Defendant: Cary, defended by Lethen, who later resigned from the case 3. Charge: Cary started a thread entitled "Penis," then continued to make crass remarks. He also said FU to a fellow citizen, and allegedly had a long signature that exceeded the length permitted by law. 1 Count of Misdemeanor, and 1 count of Aggressive/obscene language, which was combined and upgraded into a felony. 1 count of maintaining an excessive signature. 4. Evidence (Types): Links. http://z6.invisionfree.com/Europeia/index....ic=14723&st=135http://z6.invisionfree.com/Europeia/index....showtopic=147675. Brief Summary of Arguments from the Prosecutor (Only main points): CSP stated that he goes on Europeia expecting a friendly atmosphere, and that Cary has ruined it for him. In particularly, Cary's penis thread offended him. 6. Brief Summary of Arguments from the Defendant (Only main points): Defense Attorney Lethen maintained that Cary had the right to freedom of speech, and that there is a double-standard in Europeia, due to Cary's unpopular political beliefs. 7. Presiding Justice's Verdict and Why:Chief Justice Cordova I found Cary to be guilty of the felony, due to using obscene language such as penis and fuck. He found Cary to be not guilty of maintaining an excessive signature. 8. Sentence (If any): Chief Justice Cordova I sentenced Cary to one week of post moderation, one month of probation, and 25 recruitment telegrams. 9. Irregularities (If any): Initially, Cary had plead guilty to maintaining an excessive signature, but Chief Justice Cordova I, overturned his guilty plea, citing that he does not believe Cary to be guilty, and citing precedent from the LKE, a region whose legal system is the ancestor of Europeia's.
G. Deceiving the Public
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From Europeia V. Simkok\The Animal Union Compiled by: Judicial Intern JusduckriaLink: http://z6.invisionfree.com/Europeia/index....opic=10949&st=01. Prosecutor:Pope Lexus X 2. Defendant:Simkok/The Animal Union 3. Charge:Deceiving the Public Intention to Commit Electoral Fraud 4. Evidence (Types):Multiple (6) registered citizen accounts with a matching IP address 5. Brief Summary of Arguments from the Prosecutor (Only main points):Multiple citizen accounts (The Animal Union, Simkok Kabióski, Adolf Hitler Jr., ATN TV, Classic Rockstars, Duckland Diplomat) Same IP address for all 6 Accounts were created to form political party Defendant violated Political Party Regulation Act, Article 4, Parts B and C 6. Brief Summary of Arguments from the Defendant (Only main points):Case should be thrown out as a mistrial Defendant(s) are two different people, and have not been convicted of a crime Same IP address is because the two defendants are cousins and use the same computer 7. Presiding Justice's Verdict and Why:The Presiding Judge issued no verdict, and instead found the plea-bargain agreement between the defense and the prosecution acceptable 8. Sentence (If any):All accounts made by The Animal Union were banned and removed of their citizenship except for the principle account, The Animal Union. TAU was stripped of his voting rights for the next two General Elections, but retained all other rights as a citizen of Europeia. If the Senate disapproved of the decision, it could have been overruled by a 5/8 motion. 9. Irregularities (If any):Several members not of the Court (meaning neither judges nor prosecutors nor defense attorneys nor called witnesses) spoke to introduce information or point out details. Further, a public defender had been appointed but the Court had not been informed until halfway through the trial.
H. Violating the Europeian Speech Protection Act
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From The State v. Pope Lexus X Compiled by: Judicial Intern PhDreLink: http://z6.invisionfree.com/Europeia/index....showtopic=146031. Prosecutor:Numero 2. Defendant:Pope Lexus X 3. Charge:Violating the Europeian Speech Protection Act, Section One 4. Evidence (Types):Stipulated Fact – Vice-Chancellor Pope Lexus X posted in the Senate without being invited to speak by a Senator. 5. Brief Summary of Arguments from the Prosecutor (Only main points):The defendant’s posts are in violation Section 1 Clause 3 of the ESPA as the defendant was not invited to post in the Senate by a Senator. Section 1 Clause 3 of the ESPA: “Anyone outside of the above listed groups may not post in the legislative body, unless invited in by a member of the legislative body.” The Supreme Chancellor’s duties are clearly stated in ‘The Chancellor Amendment’: “to call elections and to announce the senators and President.” Therefore the defendant’s claim that the VC position gives him permission to post in the Senate to be false. The prosecutor stressed that the sentence should be minimal to reflect the relative pettiness of the violation. 6. Brief Summary of Arguments from the Defendant (Only main points):The defendant was within his right to post in the Senate as the Vice-Chancellor position was created by Executive Order after the passing of the ESPA. The VC is to have the “same duties” as the Chancellor, therefore the VC has the right to post in the Senate. 7. Presiding Justice's Verdict and Why:Associate Justice Nlhp found that the defendant posted illegally in the Senate, as there is no implied permission given to the Vice-Chancellor to post in the Senate. 8. Sentence (If any):The defendant is sentenced to deliver a written apology for posting without approval in the Senate. 9. Irregularities (If any):Chief Justice Cordova I recused himself from the case. Associate Justice Nlhp presided over the case in his place. The defendant removed his attorney from the case when his attorney changed his plea from “nolo contender” to “guilty” without consulting him.
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Cordova I (Cord) Anacreoni-Anumia
- Former Lieutenant in the Europeian Navy (honourably discharged), WA Delegate (6 months), Minister of Foreign Affairs (6 months), Associate Justice (8 months), Senator (16 terms), Deputy Speaker, Vice President (6 months), Speaker of the Senate (4 months), Chief Justice (7 months) and Acting President (1 week)
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Cordova I
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Nov 23 2009, 09:27 PM
Post #7
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Former Everything
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List of Objections
I took this directly from Wikipedia. http://en.wikipedia.org/wiki/List_of_objections_%28law%29
This is a list of valid objections used in RL law, as well as in Europeian law. This is NOT an exhaustive list though. There may be other valid objections raised that are not in this list. These will be determined by the Justice, on a case-by-case basis.
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This is a list of objections in American law:
Proper reasons for objecting to a question asked of a witness include:
* Ambiguous, confusing, misleading, vague, unintelligible: the question is not clear and precise enough for the witness to properly answer * Arguing the law: counsel is instructing the jury on the law. * Argumentative: the question makes an argument rather than asking a question * Asked and answered: the question has been asked and answered before * Asks the jury to prejudge the evidence: the jury cannot promise to vote a certain way, even if certain facts are proved. * Asking a question which is not related to an intelligent exercise of a peremptory challenge or challenge for cause: if opposing counsel asks such a question during voir dire. * Assumes facts not in evidence: the question assumes something as true for which no evidence has been shown * 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. * 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 * Beyond the scope: A question asked during cross-examination has to be within the scope of direct, and so on. * Calls for a conclusion: the question asks for an opinion rather than facts * Calls for speculation: the question asks the witness to guess the answer rather than to rely on known facts * Compound question: multiple questions asked together * Hearsay: the witness does not know the answer personally but heard it from another * Incompetent: the witness is not qualified to answer the question * Inflammatory: the question is intended to cause prejudice * Leading question (Direct examination only): 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. * Narrative: the question asks the witness to relate a story rather than state specific facts * Privilege: the witness may be protected by law from answering the question * Irrelevant or immaterial: the question is not about the issues in the trial
Proper reasons for objecting to material evidence include:
* Lack of foundation: the evidence lacks testimony as to its authenticity or source
Proper reasons for objecting to a witness's answer include:
* Narrative: the witness is relating a story in response to a question that didn't ask for a story * Non-responsive: the witness did not answer the question; the answer would be stricken from the record * Nothing pending: the witness continues to speak on matters irrelevant to the question.
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Cordova I (Cord) Anacreoni-Anumia
- Former Lieutenant in the Europeian Navy (honourably discharged), WA Delegate (6 months), Minister of Foreign Affairs (6 months), Associate Justice (8 months), Senator (16 terms), Deputy Speaker, Vice President (6 months), Speaker of the Senate (4 months), Chief Justice (7 months) and Acting President (1 week)
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hyanygo
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May 26 2010, 11:42 PM
Post #8
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List of cases
NA=A description really isn't applicable
ESPA=Europeian Speech Protection Act
HT= In the High Treason sub forum
Bear in mind a fair few of these cases are dismissed or complete tripe. This is NOT authoritative, just a courtesy library bought to you by someone who had a lot of free time. Again : please take all this with a pinch of salt. You cannot beat actually looking the cases themselves.
1 The State Vs Lord Alphanesia Treason 2 The State Vs Bunny Party Treason 3 The State Vs Lucius Magnus Rex & Onderkelkia Treason 4 Kazaman VS The state Treason 5 State VS Jellybean NA 6 The State VS HEM NA 7 The State vs. GeorgeT Different account same person 8 Verteger VS the State Treason 9 Hyanygo vs. The State Skin Change Act 10 Lord Alphanesia VS Hyanygo Humpty Dumpty 11 TC VS THE STATE!!! Post censoring, admin powers 12 The Crown vs. Lord Alphanesia Treason and civil disobedience 13 LA vs the state Treason 14 The State vs LA Treason aiding the enemy 15 Lord Alphanesia VS Lethen and NHLP Slander 16 Hyanygo vs. Jay ESPA 17 Cordova I vs. The State ESPA 18 Hyanygo vs. HEM Executive Order 19 Rotalsia vs. HEM Harassment 20 The State Vs. LA (Vote) NA 21 Mr. Revenge VS The State Spam 22 Revengerous vs. The State Civil disobedience 23 Hyanygo vs. HEM ESPA 24 Pez201 vs. The State Court Procedure 25 HEM v. The State Speech Protection Act 26 Royal Mayorga vs. the State Treason 27 HEM, Lethen vs. The Electoral Process Electoral Process 28 Europeia v Desakar Spam 29 Europeia v Cary123 Forum Protection Act 30 Europeia v Lethen et al (Senate) EO 0001 31 Hyanygo RE: Contempt of Court Contempt 32 Europeia vs. Lmaoofl NA 33 Europeia vs. Demataria Deceiving the Public/Code of Law 34 Europeia Vs. Cary123 (July 2009) Swearing 35 Europeia vs Simkok\The Animal Union Electoral fraud/ deceiving the public 36 Cary and Macron Macronamia vs. Allied Alliances Offensive & Aggressive language / Code of law 37 The State Vs. Kazaman (Sept 2009) Unauthorised viewing of private forum 38 Europeia v. Lethen Unauthorised viewing of private forum 39 Falconias v. HEM Libel 40 Cary Vs. Aramor Abuse of admin powers, slander 41 The State Vs. Aramor Slander 42 The State Vs. Cary (Feb 2010) Obscenity, Excessive Sig, Offensive & Aggressive language, Repeated Misdemeanours 43 The State Vs. Pope Lexus X ESPA 44 The State V. Lethen (April 2010) ESPA 45 Lord Alphanesia vs. The State (HT) Treason 46 HEM vs the State(HT) Treason 47 Appeal (HEM vs the State?)(HT) Extension of suspension 48 Paleo vs. The State(HT) NA 49 Europeia v. Champagne Jam(HT) Treason 50 The State v Pacific Territories | [MAY 2010] 1 HCE | Proxy 51 The State v nasalivesII | [JUNE 2010] 1 HCE | Illegal recruiting
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Oliver
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Aug 10 2010, 08:04 PM
Post #9
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RIP Jack Layton
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With the recent decision with regards to plea bargains, a clarification for future plea bargains is necessary. The following will be considered Court Policy under the administration of Oliver Grey, until the policy is changed under this administration, or affirmed or rejected by a future Chief Justice.
Acceptance of Plea Bargains
The Court will no longer officially accept plea bargains as was the tradition prior to the passage of the Court Procedure Revision Act. Plea Bargains are acceptable, and the Prosecution is welcome to come to any deal that they wish with the Defendants to elicit a guilty plea.
The Court will, of course, accept guilty pleas, and accept sentencing arguments from both the Prosecution and the Defence, but will retain the discretion to sentence as provided under the Court Procedure Revision Act. The Appellate Court is requested to grant leave for appeal under the Court Procedure Revision Act if sentencing arguments are egregiously and unreasonably ignored.
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Oliver Marlowe
- T.S. Eliot
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We shall not cease from exploration, and the end of all our exploring will be to arrive where we started, and know the place for the first time.
The Europeian Trifecta
(former)
(former)
(former) I've also been Mayor, Grand Admiral, and World Assembly Delegate, but I only get three images for my sig...
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hyanygo
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Sep 11 2010, 01:26 AM
Post #10
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After 5 days this will be put into the Reference Materials section.
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The Court will hear petitions for advisory opinions, but only if (1) they are requested by an office holder seeking clarification of the application of Europeian law to a proposed action to be taken in the course of discharging the functions of his her office; or (2) they are requested by a a citizen of Europeia seeking to ascertain whether a proposed course of action is protected by his/her rights as a citizen of Europeia.
Credit to Skizzy Grey J. for the vast majority of the policy formulation.
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