STANDING RULES OF THE ARCADIAN UNIFIED JUDICIAL SYSTEM (AUJS)
PREAMBLE
In exercise of the right to establish a territorial government free of malice, and in commitment to the cultural endeavor of empowering the collective will of Arcadia, the following rules are hereby established. These rules shall govern all proceedings to ensure safety, wellbeing, and the uncorrupted administration of justice. The Standing Rules of the AUJS remain under the authority of the Arcadian Supreme Court, and only the Arcadian Supreme Court may change it.
ARTICLE I: THE JUDICIAL HIERARCHY
Rule 101. The Superior Court of Arcadia
- Magistrate Trials
- Original Jurisdiction: Magistrate Trials in the Superior Court shall serve as the first instance for summary offences, traffic violations, and minor criminal infractions.
- Civil Limits: The Court shall adjudicate civil matters where the prayer for relief does not exceed
K15,000.
- Procedure: Proceedings shall be conducted as bench trials. The Judge shall serve as the sole finder of fact and arbiter of law.
- District Trials
- General Jurisdiction: As the primary trial of record, District Trials of the Superior Court holds original jurisdiction over all felony criminal prosecutions and major civil litigation.
- Trial by Jury: In accordance with the rights of the collective, every defendant in a felony matter maintains an absolute right to a trial by a jury of twelve (12) peers.
- Judges
- Duties: Judges in The Superior Court of Arcadia shall conduct Magistrate Trials and District Trials.
Rule 102. The Supreme Court of Arcadia
- Appellate Reviews
- Jurisdiction: This Court shall exercise mandatory review over final judgments from the Superior Court upon the filing of a timely Notice of Appeal.
- Panels: Review shall be conducted by a single Justice. Decisions are reached by a bench decision.
- Scope: Review is strictly limited to the trial record. The Court shall determine if the proceedings were free of malice, obstruction, or corruption as mandated by the Constitution. The Court may reverse for legal error, procedural unfairness, or constitutional violation.
- Final Reviews
- Constitutional Authority: The Supreme Court is the Court of last resort for the interpretation of Arcadian Law and the Territorial Constitution.
- Advisory Opinions: To assist the Governor, the Court may issue opinions on questions of constitutionality without binding effect unless later adjudicated.
- Finality: Rulings are binding upon all lower territorial Courts, subject only to the Supremacy of the Supreme Court of the Republic of Krameria. The final appeal available shall be to appeal to a full Panel of 3 Supreme Court Justices in a Final Review.
- Powers
- Original Jurisdiction:
- The Supreme Court of Arcadia has first and final say on matters relating to elections and redistricting in Arcadia, bypassing the Superior Court.
- The Supreme Court of Arcadia has first and final say on matters relating to governmental disputes in Arcadia, bypassing the Superior Court.
- The Supreme Court of Arcadia can issue Habeas Corpus (You should have the Body - to change the sentence of the convicted or to release any person detained by the State without a conviction) and Mandatum Officium (Mandate of Duty - to compel officials to do their jobs in the specified correct manner) at any time, bypassing the Superior Court.
- Court Management:
- The Supreme Court of Arcadia has the final power to dictate the procedural rules in any Court in the State of Arcadia.
- The Supreme Court final power to oversee the budgeting, staffing, and general administration of all Courts in the State of Arcadia.
- Regulation of the Legal Profession:
- The Supreme Court of Arcadia has the final power to set the standards for and oversee the State Bar of the State of Arcadia.
- The Supreme Court of Arcadia has the final power to suspend or disbar any attorney in the State of Arcadia.
- The Supreme Court of Arcadia has the final power to investigate and punish judicial misconduct in the State of Arcadia.
- Certiorari Power
- The Supreme Court of Arcadia has the final power to reach down and grab any case from the Superior Court of Arcadia before the trial concludes, including but not limited to if the case is of extreme public importance or requires a faster ruling.
- Potestas Recognitionis
- The Supreme Court of Arcadia shall have the final power to review any piece legislation after passing to ensure constitutionality and prevent injustice, if there is a live controversy, a petition, or other reasonable reasons for the Supreme Court to look into it.
- Jus Integritatis
- The Supreme Court of Arcadia shall have the final power to strip legal immunity from and temporarily suspend from office any public official or officials acting under state colour and order a criminal investigation into them, especially but not limited to cases of corruption.
- Mandatum Emendandi
- The Supreme Court of Arcadia shall have the final power to suspend legislation passed by the executive and legislature deemed unconstitutional or unjust indefinitely until review.
- The Supreme Court of Arcadia can then issue a Mandatum Emendandi requiring the law to be amended and review it again before letting it pass.
- Alternatively the Supreme Court of Arcadia can issue a Denuntiatio Incompatibilitatis if no amendments are working and prevent an unjust or unconstitutional bill from passing, requiring a complete re-writing to fix the issue.
- Clausula Aeternitatis
- The Supreme Court of Arcadia shall have the final power to prevent any action taken by the executive and/or legislature that are deemed to be against the Spirit of Arcadia, unconstitutional, or unjust.
- Justices
- Duties: Justices in The Supreme Court of Arcadia shall conduct Appellate Reviews and Final Reviews.
ARTICLE II: TRIAL AND EVIDENTIARY STANDARDS
Rule 201. Mandatory Discovery and Transparency
To uphold the constitutional rejection of exploitation, all parties are strictly required to disclose all evidence and witness lists at least fourteen (14) days prior to the commencement of trial. Failure to comply may result in exclusion of evidence, continuance, or other sanctions as the Court deems just.
Rule 202. The Jury Selection Process (Voir Dire)