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Act Concerning the Determination of Legal Cases

 
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Vote on the bill. A vote in the affirmative means the voting member is supporting passage. A vote in the negative means a voting member does not support passage. Abstaining means the voting member does not support either passage or refusal of the proposal
Yes
100%
 100%  [ 5 ]
No
0%
 0%  [ 0 ]
Abstain
0%
 0%  [ 0 ]
Total Votes : 5

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SLandes
Grand Duke
Grand Duke


Joined: 08 Mar 2011
Posts: 85

PostPosted: Fri Apr 22, 2011 6:37 am    Post subject: Act Concerning the Determination of Legal Cases Reply with quote

Noting that Kirkland has not established the overall system that the legal system will follow

Further noting that the common law system, which is prevalent in most English-speaking, is not practical in Kirkland because we have no ancient or established legal culture

Be it resolved that Kirkland shall use a Civil Law system.

In this system legal cases shall be determined based solely on the codification outlined in Acts of Parliament, Decrees of the Sovereign, or specially assembled Legal Codes that are approved by Parliament and the Sovereign. Judges will not be able to interpret the law in cases; cases must be decided solely based on the proper legal codes.

Juries may be called in extreme criminal cases or at the request of one of the parties in a case. If a jury is called, it will be asked to rule on the case based only on the law as it has been codified.

Sentencing in cases will be determined by a mixture of the remedies that are codified and the judge's determination of what the proper remedy should be inside the bounds of the codified remedies. Judges are restricted to issuing remedies that do not exceed the codified remedy but are not less that the minimum codified remedy.

Be it further resolved that a committee shall be commissioned to write the first full legal code for Kirkland. This committee shall be made up of all willing nobles and citizens who wish to contribute to the founding of a Kirkish Legal Code. The committee shall work beginning immediately upon the passage of this Act until the 1st of August, 2011. The committee may ask for an extension if that is so required. Upon finishing it's work the committee shall present it's Code for approval by the Parliament and the Sovereign.



_________________
His Grace, Stephen Landes, Grand Duke of Balromia, Archbishop of Drakon, Knight of the Golden Eagle, Knight of the White Stag, Knight of Merit, 1st Prime Minister
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King Brayden I
His Majesty, The Emperor
His Majesty, The Emperor


Joined: 17 Feb 2011
Posts: 276

PostPosted: Fri Apr 22, 2011 6:50 am    Post subject: Reply with quote

Mr. Speaker,

I know it is not the place of the King to weigh in on the matters of the Parliament directly but this is so monumental that I would like to issue my opinion directly to the Parliament.

I fully support this proposal. Kirkland has been in desperate need of a fully formed legal system and this is a strong step in the right direction. I urge every Member of Parliament to approve this proposal. If this proposal passes I will pledge to work on the proposed legal committee and I would urge all members of Parliament to join me in this endeavor upon the passage of this bill.

Thank you and I yield the floor.



_________________
His Imperial and Most Serene Majesty Brayden I, by the Grace of God, Defender of the Faith, Emperor of Kirkland, King of Kirkland, Grand Duke of Alovia, Duke of Valoria and Symphona, Marquess and Head of the Most Noble and Ancient House of Drown, Earl of Drakon, Sovereign of the Most Noble Order of the Golden Eagle, Sovereign of the Noble Order of the Blue Garter, Sovereign of the Most Honorable Order of the White Stag, Sovereign of the Most Venerable Order of Saint Michael, Sovereign of the Most Excellent Order of the Silver Horn, Sovereign of the Distinguished Order of Merit, Knight of the Golden Eagle, Knight of Saint Thomas
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SLandes
Grand Duke
Grand Duke


Joined: 08 Mar 2011
Posts: 85

PostPosted: Mon Apr 25, 2011 3:45 am    Post subject: Reply with quote

All votes being in and in the affirmative the motion carries. The Act Concerning the Determination of Legal Cases is adopted.

Final Vote Tally: 5 Yes, 0 No, 0 Abstain



_________________
His Grace, Stephen Landes, Grand Duke of Balromia, Archbishop of Drakon, Knight of the Golden Eagle, Knight of the White Stag, Knight of Merit, 1st Prime Minister
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King Brayden I
His Majesty, The Emperor
His Majesty, The Emperor


Joined: 17 Feb 2011
Posts: 276

PostPosted: Mon Apr 25, 2011 3:50 am    Post subject: Reply with quote

By the power vested in me by God and the Constitution of Kirkland, I sign this bill into law.



_________________
His Imperial and Most Serene Majesty Brayden I, by the Grace of God, Defender of the Faith, Emperor of Kirkland, King of Kirkland, Grand Duke of Alovia, Duke of Valoria and Symphona, Marquess and Head of the Most Noble and Ancient House of Drown, Earl of Drakon, Sovereign of the Most Noble Order of the Golden Eagle, Sovereign of the Noble Order of the Blue Garter, Sovereign of the Most Honorable Order of the White Stag, Sovereign of the Most Venerable Order of Saint Michael, Sovereign of the Most Excellent Order of the Silver Horn, Sovereign of the Distinguished Order of Merit, Knight of the Golden Eagle, Knight of Saint Thomas
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