Domnhall: Legal Draft - Civil Court

[Random_White_Guy]

Legate Domnhall,

Regarding my suggestion of institution of a Civil Court and your approval and request for prepared document I lend the following:

Pursuant of Magistrate and duties in relation to Jurisprudence the role of Magistrate is expanded to attend and assess Civic Judgements. Mediation of broken contracts, dispute between parties, and the undertaking of restitution and punitive measures. By virtue of Magistrate duties of serving as Trial for cases of Capital Charge, Serious Charge in absence of a Sergeant, and below the role exists prepared already for formal mediation and judgment.

The role is to be expanded in regards to a model comparable to the Baz'eelan system of Jurisprudence.

The station of Magistrate is one often brokered for as political favor but with little concern to Jurisprudence and absent of Case from the Janissary, sits vestigial. To add to their civic duties and expectations an expansion of station for Civil Cases to be heard and sat as Mediator. This lessens the stress upon the Janissary of the Fourth Legion in civil disputes to focus on what truly matters.

Petition may be filed by an aggrieved Voiced party or mutually aggrieved Voiced parties in search of restitution for Non-Criminal mediation. Voiced may pursue charges against Voiceless but Voiceless may not pursue charges against the Voiced. Voiced may pursue charges against Rival League but may not pursue charges against Rival Legate or Cabinet (Magistrate, Stele Position, et.). Voiced may pursue charges against their own League in pursuit of Expulsion.
 
If Petition accepted, Magistrates authorized to issue Summons for both parties to appear before Court in reasonable or timely manner. If refused, would be charged with Article 13 - Interference with Jurisprudence. Refusal to attend - Serious. Witnesses may be requested by either party to appear in a timely manner or submit written testimony prior to summons. Witness refusal to do so if petition accepted - Minor Charges.

Procedure will be carried out similar to Criminal Trial - allowing Advocacy for both parties in lieu of prosecution and defense.

Judgement rendered will be honored by both parties and enforced by Janissary, but eligible for appeal to Legate. Fines cannot exceed 2,000 Dinar. Criminal punishments of Exile, Execution, and more prohibited.

Unfair judgements, ill-reasoned or poorly carried out procedure, or similar may be reported to serving Magistrate's Legate for termination of duty.

As this role exists already before Assembly, this is merely a procedural practice, no Assembly approval will be requisite but you may raise it at your leisure to their attention.

To compensate for the anticipated workload a wage of 4 Dinar for Magistrate.
Failure for Legate's Magistrate to carry out such duties a matter of public shame.
Failure for Magistrate to carry out such duties eligible for termination.

Example of possible cases may include:

Sale of fraudulent goods in the Souk.
Deceptive contractual agreements.
Unreasonable dismissal from duty.
Deceptive pilfering of resources on contract.
Equipment disputes from the standard "Two Sixes" roll (e.g. Something won is merely being sold, not used truly by one who merely joined the roll, acquired in bad faith).
General Perfidy in Business.
Unreasonable Abuse by Bellow.
Egregious Sartorial Adornments (Skulls, bare flesh, similar).
Illegal Use of Likeness (Newspaper, Displayed Art, more)
Illegal Representation of League (Being Purple but Voting Gold, Misinterpreting the League-raised mission statements within each League, similar - Eligible for Expulsion.)

Scribes wishing to prove themselves or improve their lot may seek to assist in Civil Procedure but it is a purely Office of Magistrate obligation.

Questions or more, I am glad to speak on at your leisure or answer by letter.

Magistrate Gausim al-Marain
Honored Waterbearer of the Temple of Baz'eel
First Seat of the First Seat