Law:The Legal Appeals Act: Difference between revisions
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=== 43RZ2 | === 43RZ2: The Legal Appeals Act === | ||
'''WHEREAS''' our ever growing legal system now has a functioning inferior court and | |||
WHEREAS our ever growing legal system now has a functioning inferior court and | |||
WHEREAS decisions by all inferior national and provincial courts may be appealed to the Uppermost Cort (OrgLaw Article XVII, Section 9 for provincial courts) and | '''WHEREAS''' decisions by all inferior national and provincial courts may be appealed to the Uppermost Cort (OrgLaw Article XVII, Section 9 for provincial courts) and | ||
WHEREAS since we're organizing everything else, we might as well put a little structure to how appeals shall be handled so | '''WHEREAS''' since we're organizing everything else, we might as well put a little structure to how appeals shall be handled so | ||
THEREFORE, it shall be understood that any provincial court decision may be appealed at the National level before the lowest inferior court and that any decision by this court may be appealed to the Uppermost Cort. National courts shall not interpret or rule on matters of provincial law unless the province has no system of courts, has not proclaimed a constitution or has standing law that matters of provincial law be handled through National Courts. Rather, the decisions of these courts will ensure no provincial court decision runs contrary to the Organic or Statutory Laws of the Kingdom, and that the rights of all involves parties, as guaranteed by the Rights and Covenants of the Organic Law, are protected. | '''THEREFORE''', it shall be understood that any provincial court decision may be appealed at the National level before the lowest inferior court and that any decision by this court may be appealed to the Uppermost Cort. National courts shall not interpret or rule on matters of provincial law unless the province has no system of courts, has not proclaimed a constitution or has standing law that matters of provincial law be handled through National Courts. Rather, the decisions of these courts will ensure no provincial court decision runs contrary to the Organic or Statutory Laws of the Kingdom, and that the rights of all involves parties, as guaranteed by the Rights and Covenants of the Organic Law, are protected. | ||
FURTHERMORE, all appeals, as with other court actions, shall be filed with the Clerk of Courts. Upon official judicial assignment, the Justice(s), Judge or Magistrate may either dismiss the case, by declining to hear it, or begin hearing opening arguments in the matter as presented by all relevant parties. | '''FURTHERMORE''', all appeals, as with other court actions, shall be filed with the Clerk of Courts. Upon official judicial assignment, the Justice(s), Judge or Magistrate may either dismiss the case, by declining to hear it, or begin hearing opening arguments in the matter as presented by all relevant parties. | ||
FURTHERMORE, appeals or other actions brought before the Uppermost Cort shall be heard within 90 calendar days from the date of assignment by the Clerk of Courts. Should this time elapse and no decision be rendered as to whether the Uppermost Cort will hear the matter brought before it, the court will have implied unwillingness to hear the case and the decision of the lower court shall be upheld without prejudice. Parties may then re-file their appeal a final time after waiting an additional 90 days. If the court declines to hear, or fails to respond within 90 days, the decision of the lower court shall be upheld and no further appeal shall be permitted. | '''FURTHERMORE''', appeals or other actions brought before the Uppermost Cort shall be heard within 90 calendar days from the date of assignment by the Clerk of Courts. Should this time elapse and no decision be rendered as to whether the Uppermost Cort will hear the matter brought before it, the court will have implied unwillingness to hear the case and the decision of the lower court shall be upheld without prejudice. Parties may then re-file their appeal a final time after waiting an additional 90 days. If the court declines to hear, or fails to respond within 90 days, the decision of the lower court shall be upheld and no further appeal shall be permitted. | ||
Uréu q'estadra sa: Capt. T.M. Asmourescu, | Uréu q'estadra sa: | ||
Capt. T.M. Asmourescu (Senator, Benito) | |||
{{ScribeAuth}} | |||
Revision as of 12:33, 11 August 2012
43RZ2: The Legal Appeals Act
WHEREAS our ever growing legal system now has a functioning inferior court and
WHEREAS decisions by all inferior national and provincial courts may be appealed to the Uppermost Cort (OrgLaw Article XVII, Section 9 for provincial courts) and
WHEREAS since we're organizing everything else, we might as well put a little structure to how appeals shall be handled so
THEREFORE, it shall be understood that any provincial court decision may be appealed at the National level before the lowest inferior court and that any decision by this court may be appealed to the Uppermost Cort. National courts shall not interpret or rule on matters of provincial law unless the province has no system of courts, has not proclaimed a constitution or has standing law that matters of provincial law be handled through National Courts. Rather, the decisions of these courts will ensure no provincial court decision runs contrary to the Organic or Statutory Laws of the Kingdom, and that the rights of all involves parties, as guaranteed by the Rights and Covenants of the Organic Law, are protected.
FURTHERMORE, all appeals, as with other court actions, shall be filed with the Clerk of Courts. Upon official judicial assignment, the Justice(s), Judge or Magistrate may either dismiss the case, by declining to hear it, or begin hearing opening arguments in the matter as presented by all relevant parties.
FURTHERMORE, appeals or other actions brought before the Uppermost Cort shall be heard within 90 calendar days from the date of assignment by the Clerk of Courts. Should this time elapse and no decision be rendered as to whether the Uppermost Cort will hear the matter brought before it, the court will have implied unwillingness to hear the case and the decision of the lower court shall be upheld without prejudice. Parties may then re-file their appeal a final time after waiting an additional 90 days. If the court declines to hear, or fails to respond within 90 days, the decision of the lower court shall be upheld and no further appeal shall be permitted.
Uréu q'estadra sa:
Capt. T.M. Asmourescu (Senator, Benito)
