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Judicial system of Sanama: Difference between revisions

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Sanama has a national judicial system that covers the provinces under the national government and Highpass, while Thanatos and Cisamarra have separate courts. The National Judex still hear appeals from the high courts of Thanatos and Cisamarra in cases relating to national law. The court also allows direct appeal, commonly called "the elevator", where an applicant can apply for the National Judex to hear a case at any step in the court hierarchy. The court systems enjoy constitutional protection from interference by the executive, as well as protection against undue influence from other parts of the government. In the National Judex judges are appointed by the President on the recommendation of the National Judicial Chamber. Once appointed, Arbiters of the National Judex serve for life but can be removed by impeachment for good cause. Local and appellate judges are appointed by the President on the recommendation of the National Judicial Chamber and also serve for life.
[[Sanama]] has a national judicial system that covers the provinces under the national government and Highpass, while Thanatos and Cisamarra have separate courts. The National Judex still hear appeals from the high courts of Thanatos and Cisamarra in cases relating to national law. The court also allows direct appeal, commonly called "the elevator", where an applicant can apply for the National Judex to hear a case at any step in the court hierarchy. The court systems enjoy constitutional protection from interference by the executive, as well as protection against undue influence from other parts of the government. In the National Judex judges are appointed by the President on the recommendation of the National Judicial Chamber. Once appointed, Arbiters of the National Judex serve for life but can be removed by impeachment for good cause. Local and appellate judges are appointed by the President on the recommendation of the National Judicial Chamber and also serve for life.


== National courts ==
== National courts ==

Revision as of 19:34, 24 February 2021

Sanama has a national judicial system that covers the provinces under the national government and Highpass, while Thanatos and Cisamarra have separate courts. The National Judex still hear appeals from the high courts of Thanatos and Cisamarra in cases relating to national law. The court also allows direct appeal, commonly called "the elevator", where an applicant can apply for the National Judex to hear a case at any step in the court hierarchy. The court systems enjoy constitutional protection from interference by the executive, as well as protection against undue influence from other parts of the government. In the National Judex judges are appointed by the President on the recommendation of the National Judicial Chamber. Once appointed, Arbiters of the National Judex serve for life but can be removed by impeachment for good cause. Local and appellate judges are appointed by the President on the recommendation of the National Judicial Chamber and also serve for life.

National courts

The Department of Justice is responsible for court administration through the Courts Administration Directorate, including salaries, buildings and security through the National Marshal Service. Prosecutions are supervised by the Directorate of the Inquisitor General, headed by the Inquisitor General with subordinate prosecutors at every court. However, the Department of Justice has no power over court proceedings, judgements or orders.

The national courts are organised into four levels:

  • Magistrate courts, courts of first instance hearing petty crimes and minor conflicts, including the ffaman sawa panels. Each case is heard by a single magistrate, except for proceedings in the ffaman sawa where the elected committee sits as a quasi-judicial court.
  • Tribunal courts, courts of first instance organised in each judicial district, with each province making up a judicial district. Each case is heard by a panel of three judges.
  • Appeals courts, courts of appeals, one in each appellate circuit covering several judicial districts. Each case is heard by a panel of five judges. The appeals courts also cover Cisamarra and Thanatos, relying on first instance autonomous country courts to hear cases involving national laws, but accepting appeals against those decisions in matters pertaining to national law in lieu of the autonomous country courts of appeals.
  • National Judex, supreme national court. Hears appeals from the appeals courts on its own discretion. Each case is heard by a panel of seven Arbiters.
  • Constitutional Judex, the name for the National Judex hearing a case where the constitutionality of a law is in question or a question of constitutional interpretation is argued. Consists of all Arbiters of the National Judex. The court also hears certain appeals from supreme courts in the autonomous countries where national law is involved, or the autonomous country court is charged with overstepping the relevant autonomy schedule of the constitution.

Autonomous country courts

Cisamarra

Cisamarra has a very fractured court system, divided into three levels:

  • Tribunale di primo grado, Court of first instance:
    • Gjudice di Pace, justice of the peace: Handles civil disputes with a value up to R$15,000. Court consists of one judge.
    • Tribunale della famiglja, family court: These courts handle custody of minors, divorce, adoption, and other cases involving the family. Court consists of one judge or, if the matter is unusually complicated, three judges.
    • Tribunale del traffico, traffic court: Hears traffic cases, such as appeals against parking fines, traffic violations and violations of the vehicle and traffic codes. Consists of one or three judges. Does not hear criminal traffic cases, such as hit and run or vehicular manslaughter.
    • Tribunale dei contratti, contract court: Hears disputes over contracts. Consists of three judges.
    • Tribunale per i minorenni, juvenile court: Hears cases of criminal activity by minors. Consists of one judge.
    • Tribunale per le questioni penali minori, minor criminal court: Hears criminal prosecutions where the possible sanction is no more than six months imprisonment. Consists of one judge unless the prosecutor seeks a prison sentence, when it consists of three judges.
    • Corte delle principali questioni penali, major criminal court: Hears criminal prosecutions where the possible sanction is more than six months imprisonment. Consists of three judges or, if the prosecutor seeks a prison sentence exceeding eight years, five judges.
    • Tribunale amministrativo locale, handles appeals against decisions by executive agencies in Cisamarra, court consists of one judge and six jurors selected at random from the local population.
  • Corte d'appello, courts of appeals:
    • Corte d'appello civile, civil appeals court: Hears appeals from gjudice di pace, tribunale del traffico and tribunale dei contratti. Consists of three or five judges.
    • Corte d'appello di famiglja, family appeals court: Hears appeals from tribunale della famiglja and tribunale per i minorenni. Consists of three or five judges.
    • Corte d'appello penale, criminal appeals court: Hears appeals from tribunale per le questioni penali minori and corte delle principali questioni penali. Consists of five, seven or nine judges depending on the severity and complexity of the case, as well as the length of the prison sentence sought.
    • Corte di cancelleria, appeals court for the tribunale amministrativo locale, consists of three judges. Only the appellant can appeal from the tribunale, not the executive agency.
  • Corti supreme del paese, supreme courts:
    • Corte di cassazjone, supreme court for Cisamarran civil law. The court has a total of nine judges, with each case decided by either a panel of three or, in more complex cases, the entire court. Both parties can appeal a decision by a three judge panel to the full court sitting en banc.
    • Corte penale suprema, supreme court for Cisamarran criminal law. The court has a total of nine judges, with each case decided by either a panel of three or, in more complex cases or cases where the defendant has been sentenced to life imprisonment, the entire court. Both parties can appeal a decision by a three judge panel to the full court sitting en banc.
    • Corte della Gjunta Nazjonale, supreme court for administrative law. The court has a total of nine judges, with each case decided by either a panel of three or, in more complex cases, the entire court. The original petitioner can appeal a decision by a three judge panel to the full court sitting en banc. The court's name comes from the fact that the power to review administrative decisions is technically vested in the Gjunta Nazjonale, the Cisamarran executive cabinet, which delegates that power to the court.

Highpass

Highpass lacks a separate court system, instead being covered by the national court system.

Thanatos