Hippocratic Legal System

From NSwiki, the NationStates encyclopedia.
Revision as of 18:52, 3 October 2005 by 86.131.230.28 (Talk)

Jump to: navigation, search

Courts of First Instance
Appellate Courts

Imperial Chancellery

The Imperial Chancellery is Hipposhire's highest court of appeal and the only court capable of overruling the High Court. The Chancellery consists of 9 Chancellors Imperial appointed for life by the Queen on the recommendation of the Premier.

Formerly, appoints two Chancellors Imperial from each part of the Hippocratic Empire, and selects one to be the Grand Chancellor Imperial. The 12 CIs constitute the ultimate and final appeal for any Hippo.

Criminal Courts

State

Magistrate's Court

Jurisdiction - Court of first instance in cases of category misdemeanours
Judge - Magistrate
Verdict - Judge
Sentences - Community service, fines up to 10 000 Aurei, custodial sentences up to 6 months
Appeal to - Circuit Court of Appeal

Court of Law

Jurisdiction - Court of first instance in cases of category felonies
Judge - Judge
Verdict - Jury
Sentence - Unlimited fines and custodial sentences
Appeal to - Cicruit Court of Appeal

Circuit Court of Appeal

Jurisdiction - Cases appealed from Magistrate's Courts and Courts of Law
Judge - 3 Appellate Judges
Appeal to - State Supreme Court

State Supreme Court

Jurisdiction - Cases appealed from Circuit Courts
Judge - 7 Supreme Court Justices
Appeal to - Hippocratic High Court of Justiciary

Federal

Federal District Court

Jurisdiction - Court of first instance in cases of federal offences, including treason
Judge - Federal District Judge
Verdict - Jury
Sentence - Unlimited fines and custodial sentences; for treason committed in war time the death penalty is available
Appeal to - Federal Appeals Court

Federal Appeals Court

Jurisdiction - Cases appealed from Federal District Courts
Judge - 3 Federal Appellate Justices
Appeal to - Hippocratic High Court of Justiciary

Hippocratic High Court of Justiciary

Jurisdiction - Cases appealed from Federal Appeals Courts
Judge - 9 Hippocratic High Justices
Appeal to - Imperial Chancellery

Civil Courts

State

Tribunals

Jurisdiction - Family and Employment Divisions deal with their respective jurisdictions
Judge - Magistrate and 2 lay members
Appeal to - Family Cases: Court of Session; Employment Cases: Hippocratic Appeals Tribunal

Court of Session

Jurisdiction - Court of first instance in cases of tort, exchequer and contract law; Court of appeal in cases appealed from the Tribunal Family Division
Judge - Judge
Appeal to - Courts Assizes

Court of Audit

Jurisdiction - Court of first instance in cases of administrative law and most cases of judicial review
Judge - Judge
Appeal to - Hippocratic Appeals Tribunal

Courts Assizes

Jurisdiction - Cases appealed from Courts of Session
Judge - 3 Appellate Judges
Appeal to - State Supreme Court

Hippocratic Appeals Tribunal

Jurisdiction - Cases appealed from Employment Tribunals and Courts of Audit
Judge - Judge and 2 Magistrates
Appeal to - State Supreme Court

State Supreme Court

Jurisdiction - Cases appealed from Courts of Session and Hippocratic Appeals Tribunals
Judge - 7 Supreme Court Justices
Appeal to - Supreme Court of Judicature

Federal

Supreme Court of Judicature

Jurisdiction -
Judge - 9 SCJ Justices
Appeal to - Imperial Chancellery

Constitutional Courts

Federal

Supreme Constitutional Court

Jurisdiction - Court of first instance in national cases of constitutional law
Judge - 9 SCC Justices
Appeal to - Imperial Chancellery

Imperial

Court of First Instance

Jurisdiction -
Judge - 7 Imperial Judges
Appeal to - Imperial Court of Justice

Imperial Court of Justice

Jurisdiction - Court of first instance in constitutional questions arising between states of the Empire; Court of appeal in cases appealed from the Court of First Instance
Judge - 7 ICJ Justices
Appeal to - Imperial Chancellery

Court Reform

Education and Legal Profession

Legal Qualification

Hippocratic universities award graduates an LLB (Bachelor of Laws). An ordinary LLB degree takes two years. An honours degree takes four years. An additional two years of specialised study are required to upgrade the LLB to an LLM (Master of Laws).

Most undergraduates take an undergraduate degree before studying law. The most popular is the BA in Philosophy, Politics and Economics (PPE), which takes two years, four for honours and five for an MA.

Having gained a legal qualification (at least an ordinary LLB degree), those wishing to practice as solicitors must undertake the Diploma in Legal Practice (DLP), a one year course.

Around one in eight go on to postgraduate research for a PhD, a three year course.

Approximately one lawyer in twenty has spent 15 years in university education.

Solicitors

Advocates

Advocates are specially trained counsel licensed to present cases in federal and superior state courts. Apprentice advocates undergo a year of special training

Queen's Counsel

Advocates may be appointed Queen's Counsel (QCs) for "meritorious contribution to the legal field" through the practice of law. Law professors may be appointed Queen's Imperial Counsel (QICs) on the same criteria.

Queen's Counsel are senior advocates who have special privileges and exclusive right of audience before Imperial Courts, including the Imperial Chancellery.

Queen's Counsel generally charge more than other advocates. Only Queen's Counsel are considered for appointment as superior court judges.

SATO Law