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Rebel-topia · 03-17-2014, 06:10 PM

Per the Charter of The Coalition of the South Pacific, Article 3.1.5, a 75%+ vote in favor is needed. Per Article 3.1.11, the voting period is 5 days. Voting will start March 17th, 2014 @ 2:00pm EDT and end March 22th, 2014 @ 2:00pm EDT.

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Quote:Article 4: The High Court of the South Pacific

Section 1 - Composition and Powers

The High Court shall consist of three Court Justices.

The Court Justices shall select one of themselves to serve as Chief Justice.

The High Court shall be responsible for determining innocence or guilt in criminal cases, and issuing sentence.

The High Court may declare any whole General Law, or portions within such law, that conflict with the Charter defunct, and to reconcile contradictions within the Charter.

The High Court holds the sole power to remove citizenship outside of regular legislation that outlines reasonable upkeep requirements or security imperatives.

Procedures for the Election of High Court Justices will be defined in the Code of Laws.

Section 2 - Criminal Cases

If charges are filled against a citizen the case will be held in the High Court.

The Chief Justice will be responsible for keeping order in the court. He has the power to penalize citizens for being in contempt of the court.

The Chief Justice and Court Justices, in conjunction with the Assembly, are responsible for establishing a consistent and just set of procedures for hearing criminal cases. This set of procedures must be ratified by the Assembly as a General Law.

Excessive absenteeism from the prosecution may result in the summary dismissal of the case. Excessive absenteeism from the defense may result in a summary judgment against the defendant.

Section 3 - Legal Questions

Legal questions will always initially be handled by the High Court.

Legal questions must be answered within a reasonable amount of time.

Any and all interested parties may submit an amicus brief in response to a legal question.

Legal questions and amicus briefs must make reference to the relevant sections of the Charter and Code of Laws, and clearly define the nature of the inquiry. Where this is not the case the High Court will issue a summary dismissal of the legal question or amicus brief.

Section 4 - Other

The Court Justices are not prohibited from joining the Assembly or any associated organization in the South Pacific, barring political parties and organizations or interest groups.

The Court Justices shall have the authority to examine laws and make recommendations to the Assembly, however they may not issue an arbitrary judgement or opinion on laws without a specific legal question being filed.

If a matter even sits before the High Court for 72 hours without response, the Chief Justice shall be temporarily suspended, and a Court Justice will assume the office as Acting Chief Justice. Should no Court Justice assume the office then the Assembly may appoint an Acting Chief Justice.

Article 5: The South Pacific Appellate Court
Section 1 - Composition and Powers

The Appellate Court shall be chaired by the Appellate Justice. The Appellate Justice shall be appointed by the Delegate, with a 75% majority confirmation vote in the Assembly required.

The Appellate Court will be tasked with handling appeals relating to criminal cases, legal questions, and administrative team decisions.

The Appellate Court has the power to overturn any verdict of the High Court, and overturn select decisions made by the administrative team.

The Appellate Court is the final court of appeal; its verdict cannot be further contested.

Section 2 - Criminal Case Appeals

To appeal the decision of a criminal case the defendant, his representative or the prosecution must file notice with the Appellate Court within fourteen (14) days of the High Court ruling.

The notice must include the objections to the ruling and justification for why the appeal should be heard, with reference to the relevant sections of the Charter and Code of Laws.

The Appellate Court has five (5) days to decide whether to hear the Appeal.

If the Court chooses to hear the case, it is required to do so in a timely manner. The Appellate Court may issue summary judgments due to excessive absenteeism.

Section 3 - Legal Question Appeals

To appeal the decision of a legal question an interested party must file notice with the Appellate Court within fourteen (14) days of the High Court ruling.

The notice must include the objections to the ruling and justification for why the appeal should be heard, with reference to the relevant sections of the Charter and Code of Laws.

The Appellate Court has five (5) days to decide whether to hear the appeal.

If the Court chooses to hear the case, it is required to do so in a timely manner. The Appellate Court may issue summary judgments due to excessive absenteeism.

Section 4 - Administrative Team Appeals

To appeal an administrative team action, a citizen must file a notice with the Appellate Court within fourteen (14) days of the action in question.

The notice must include a legal argument for why the administrative team action violated the Charter, violated the tenants of democracy, or unnecessarily infringed upon the rights of citizens.

Actions taken by the administrative team that involve any of the following may not be appealed to the court:
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Real life threats or harassment

Pornography

Illegal Content

Spambots

Exposure of real life information

Espionage of the region

Hacking of the Board

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Actions taken by the administrative team that involve any of the following may not be appealed to the court unless the action is argued to be excessive or unjust:
1. Temporary (being defined as under 96 hours) suspension of a member
2. Placing a member on post moderation
3. Altering signature / avatar content
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The Appellate Court has five (5) days to decide whether to hear the Appeal.
If an appeal is heard the administrative team must select up to two members to defend themselves before the court. Refusal to participate in the appeal process may result in the court issuing a summary judgement in favor of the appellant.
If the Court chooses to hear the case, it is required to do so in a timely manner. The Appellate Court may issue summary judgments due to excessive absenteeism.
If the Appellate Court orders the overturning of an administrative team decision, it must officially notify the administrative team of this decision via a public post.
If the administrative team responds with a majority vote rejecting the appeal court verdict, the Appellate Court decision may be stayed for up to 30 days. If the Administrative Team remains opposed to the decision after 30 days, the Assembly shall hold a formal vote to settle the matter.
Section 5 - Other
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The Appellate Justice may partially recuse himself from a case by convening a jury to decide the verdict. The Appellate Justice will still be responsible for moderating the case. Any jury convened shall be made up of three citizens selected randomly from a pool of volunteers, with no obvious bias toward one party or the other.
The Appellate Justice is not prohibited from joining the Assembly or any associated organization in the South Pacific barring a political parties and organizations or interests groups.
The Appellate Justice shall have the authority to examine laws and make recommendations to the Assembly, however he may not issue an arbitrary judgement or opinion on laws without a specific legal question being filed.
If a matter even sits before the Appellate Court for 72 hours without response, the Appellate Justice shall be temporarily suspended, and the Assembly may appoint an Acting Appellate Justice.