Judicial Branch
Judicial Branch
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The Judicial Branch of the kingdom is the ultimate guardian of the rights and freedoms of the citizen. The judiciary reviews the legislation passed by the Council, interprets precedents and establishes new law via decisions of the courts. Established in 250, the same year as the legislature, the judiciary has since served as an impartial body made up of the brightest academics, and requiring lengthy studies. Judges are required to be educated in the law, but also philosophy, social studies, the basics of the sciences, and must be forward thinking persons with a view to fairness and equity.
◾ I make my duty the pursuit of truth, justice and fairness. May Rektig strike me down if my way is lost.
The symbol of the Judicial Branch of the Kingdom's government.
This statement is part of the pledge that judges must take before beginning their work. This pledge traditionally involves marking oneself with a small warhammer somewhere on the body, as a promise to Rektig, god of justice, that they will uphold the values he enshrines. Legend states that one judge, unhappy with a witness' hesitance to answer a question during a hearing, rolled their eyes and instructed the witness to speak or be held in contempt of court. As a result, the sound of a loud gong was heard, and the judge was lifted from his seat, through the roof, and deposited into the sea.
Norelva Legal System
Norelva Legal System
The legal system of the kingdom is based on precedents, and a few major codes: the Code of Civil Procedure, the Code of Criminal Procedure, the Code of Rights and Duties most notably. Judgments base themselves on these and work on a direct confrontation basis, with a plaintiff, a defendant, and a judge. All parties involved take an oath, and for major cases in the Supreme Court, divine intervention by an avatar of Rektig is requested to ensure that no perjury takes place and the proceedings are correct and just. These proceedings involve an initial investigation, then a trial where the defendant can rebuke the plaintiff's claims: justice in Norelva is based on innocence until guilt is proven (unless the defendant was caught in flagrante delicto, for which expedited proceedings are in place if not direct incarceration).
The legal system offers several layers to ensure a fair and equitable pursuit of justice:
Civil Matters
Supreme Court of the Kingdom of Norelva
Civil Court of Appeals
Civil Tribunal
Special Courts (family, labor, juvenile, etc.)
Criminal Matters
Supreme Court of the Kingdom of Norelva
Criminal Court of Appeals
Criminal Tribunals
First Instance Courts
The Civil Tribunal and the Criminal Tribunal are the smallest courts, and are first instance courts where the majority of trials are held. These courts are local and standardized by the Ministry of Justice and Foreign Affairs to follow specific guidelines enshrined in the written law. Civil Tribunals see the most cases, and concern themselves with non-criminal issues such as intellectual property, small-claims arbitration and other minor issues. Below Civil Tribunals are courts that specialize in certain fields, such as family law, labor and employment, special juvenile courts, etc. Criminal Tribunals offer the first stage of the prosecution and incarceration system, and are stricter and more rigid than civil courts. Criminal Tribunals almost always refer to a higher court for interpretation, and most cases are appealed.
Court of Appeals
The second level of the system is the Court of Appeals, presided by three judges instead of a single one. The Court of Appeals hears appeals from the first instance courts and either overturns the decision or concurs with it. Appeal courts are an intermediary step in the process, and the vast majority of cases that are appealed end with this level. This is due to the sometimes lengthy but high quality proceedings of the first instance courts, which trade speed for in-depth investigation and clear trials that take as long as is necessary to reach a verdict.
Supreme Court
The Supreme Court of the Kingdom of Norelva is the last and highest level of the legal system. Presided by nine judges who must reach a consensus, only a few cases reach this level, and are always the most controversial, novel or complex cases. Supreme Court judges are the most esteemed lawyers in the kingdom, with decades of experience, and are sometimes paladins or followers of Rektig, who is said to grant them advice during difficult trials. Their word is final and respected.
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