Nathan pulled out a clean parchment from the neat stack on his table. Laid out in front of him were documents and testimonies from the Mayor of Paz and her representative, from the accused and her representative, and from the Mayor of Cork who filed the case as Acting Prosecutor. Not quite like any other day in Bravia. After yet another pass at the paperwork, he began to write.
"Your Honor,
The Viceroyalty of Bravia claim jurisdiction over the pending case: City of Paz vs Scarlette.
The Defendant, through her representative, has presented a request for an RP trial as well as filed a motion for IG case dismissal, citing the absence of an RP trial offer from the Office of the Prosecutor. As the law states, this RP trial is the defendant's right at the Bravian Town Circuit.
However, the Plaintiff, through her representative, has expressed her wish for the case to be tried at the Bravian County Court. The Defendant stands accused of Public Disorder, a crime under the Viceroyalty Legal Corpus, not just the Town Laws of Paz. As the law states, trials at the County level are conducted IG.
I hereby petition for the Bravian County Court to exercise its right to first jurisdiction and for the trial to be continued IG. Attached is the relevant portion of the Viceroyalty Legal Corpus. Highlighted are the specific sections that apply.
~NB
Office of the Prosecutor
Viceroyalty of Bravia"
VII. Judicial Structure
[list]A) Bravian Town Circuit
[list]1) Jurisdiction and process
[list]a) The Town Circuits have first jurisdiction over Infractions of Town Laws.
b) Mayor's, Mentor's, Priest's and Level 2's and above can file charges through the town Circuit to the PP, if they are citizens of the Town who's laws they wish to have enforced (meaning out of town citizens cannot press charges)
c) The PP approaches the defendant at his leisure offering him an RP Trial. Should the defendant not reply 24 hours after he is approached, the defendant waives his right to an RP trial, and the PP may press IG charges that same day, but is not required to.
d) The PP acts as a spokesperson for the Plaintiff (Mayor/Mentor/Priest/Lvl 2+) Responsibility for all wording and charges are on the Plaintiff
e) The Judge will make a ruling based on the case presented[/list]
2) Appeal
[list]a) The town Circuit is the Lowest court and a court of PEERS. Should the defendant seek an appeal, s/he must approach the Mayor, Mentor, Priest, or a Level 2 of the same town and request either a re-trial, or a ruling by a higher court.
b) In the case of a re-trial, the Defendant charges the Plaintiff, and is responsible for all the wording and charges to be submitted to the PP. The Defendant must prove the Plaintiff was in error for the case to move directly to the Bravian Court of Justice
c) In the case of seeking a ruling by a higher court, the Defendant must have a petition signed by 5 citizens of the same town. The Case is resubmitted as is, and no new evidence may be submitted by the defendant, or he can be held in contempt of court. This trial is run at the county level, so can be overturned by either town or county law as the Judge rules. It is possible that the Judge may find the Defendant Guilty and fine the Defendant again for contempt of court. Should the Defendant not be satisfied with the verdict, s/he may follow the county Court process of appeals.[/list][/list][/list]
[list]B) Bravian County Courts
[list]1) Jurisdiction and process
[list]a) The County Courts have first jurisdiction over Infractions of County law, and can claim jurisdiction over town law if the town requests
b) Any person can file charges through the County Courts. Charges filed by non-Bravians may have up to a two day waiting period at the discretion of the Council and PP.
c) County Courts are manged exclusively IG. By Default, RP trials are not allowed at the County level.
d) If an RP trial is started, it has become a County level trial at the Town Circuit level, and subject to the same terms as the town circuit, except that the Viceroy or Viceregal Magestrate may act in the role of Prosecutor.
e) Charges are pressed by the PP, pending possible discussion with the Council.
f) The judge will make a ruling based on the case as presented. Should the defendant not appear in court, the verdict will always be guilty, the fine is at the discretion of the Judge.[/list][/list][/list]
