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Author Topic: Research: Legal Inquiries and a couple related but random inquiries  (Read 20910 times)

Snacks

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Arkelos and Aubrey visit the Library of Valstiir over the course of several days to pour over its wealth of information regarding Enclave dictum. Arkelos does the bulk of the reading, while the pixie Aubrey occasionally assists in the flipping of a page, eats candy, or points out that Arkelos makes a dumb face when he's reading something. The goal is to learn about statutes involving the charge of treason against an enclave as well as answer the following questions:

1) What prerequisites, if any, are required to act as an advocate for the accused?

2) What position is in charge of overseeing the trial of someone accused of a capital crime within the enclave?

3) What is required to be a recognized minister of the court within Valstiir?

4) Who determines the guilt or innocence of the accused in the instance of crimes against the state? (Tribunal? Single Judge? Jury?)

5) Out of the judges who preside over these cases, which of them has the highest recorded average of rulings in favor of accused traitors or against agents of House Dukarrus itself?

6) Are there any precedents for situations where a party was charged with treason within the Valstiir Enclave for not directly instigating war with the enclave, but rather committing an act of war against a foreign state and inciting hostilities? If so, what was the verdict?

7) Is there any legal recourse for members of House Dukarrus abusing the power of their position for personal gain?

8 ) Is solicitation by a legionnaire for bribes to drop charges legally punishable?

9) What is the balance in regards to burden of proof when a commoner is charged with a high crime by a legionnaire of Dukarrus? Does the court typically favor Dukarrus? Is the accused considered guilty until proven innocent? If so, how much proof is needed?

-------------------------

Unrelated to Legal issues (Likely asked of the clerk in the Dukarrus garrison on Valstiir and not at the library): Who is Legionnaire Tor Fensblood's direct superior?

Rastopher

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Re: Research: Legal Inquiries and a couple related but random inquiries
« Reply #1 on: November 24, 2018, 12:47:47 am »
Dante, being more learned than most average citizens, decides to lend his support in Arkelos' search for information.

//If I think of any additional questions I'll post them here.

Stagavus

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Re: Research: Legal Inquiries and a couple related but random inquiries
« Reply #2 on: November 24, 2018, 01:51:09 am »
Belorfin also assists Arkelos in his search to the best of his abilities.

Sixstrings93

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Re: Research: Legal Inquiries and a couple related but random inquiries
« Reply #3 on: November 24, 2018, 05:49:54 pm »
Will also assists in the research

Shantis

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Re: Research: Legal Inquiries and a couple related but random inquiries
« Reply #4 on: November 24, 2018, 05:58:55 pm »
Amongst several moments available between her druid duties, she provides occasional help in research, along with others or alone, sharing all she can get.

Rainman

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Re: Research: Legal Inquiries and a couple related but random inquiries
« Reply #5 on: November 25, 2018, 09:17:57 am »
* your research finds the following answers *

  • 1) What prerequisites, if any, are required to act as an advocate for the accused?
  • None, only an understanding of the Laws of Valstiir or Hadrian depending on the location the crime was committed

  • 2) What position is in charge of overseeing the trial of someone accused of a capital crime within the enclave?
  • Minster for the Interior, Amy Rose or when Archmage Valstiir see fit to oversee

  • 3) What is required to be a recognized minister of the court within Valstiir?
  • Ministers are appointed by the Archmage, if needed.

  • 4) Who determines the guilt or innocence of the accused in the instance of crimes against the state? (Tribunal? Single Judge? Jury?)
  • The Empire is made up of many Enclaves and Human Cities, the owner of the individual Enclaves oversee local matters. It is rare that other Lords or Archmages would get involved in any local matters unless did concerned them directly

  • 5) Out of the judges who preside over these cases, which of them has the highest recorded average of rulings in favor of accused traitors or against agents of House Dukarrus itself?
  • Anything against the House on the Enclave is dealt with by the Archamge and within the region of Hadrian the Archmage trusts the judgement of the Church of Amaunator and in general doesnt not get involved in local matters, the Archmage has her Noble House and Local authorised to look after this.

  • 6) Are there any precedents for situations where a party was charged with treason within the Valstiir Enclave for not directly instigating war with the enclave, but rather committing an act of war against a foreign state and inciting hostilities? If so, what was the verdict?
  • Yes, theses parties where killed on the spot after a quick trial and decision made by the Archmage . A punishment on the Enclave is simply to be pushed off the Citadel with the words ' Get off my Enclave, if you can not follow my rules ... fly if you can'. 

  • 7) Is there any legal recourse for members of House Dukarrus abusing the power of their position for personal gain?
  • That would be the Judge's decision, as such would be reported to Lord Dukarrus, if such was shown to be true.

  • 8 ) Is solicitation by a legionnaire for bribes to drop charges legally punishable?
  • It is up to House Dakarrus as overseers of the laws and defence of Hadrian to pursue any charges. Any misconduct should be taken directly to the House or in matters concerning the Region of Hadrian should be taken up with a Council member

  • 9) What is the balance in regards to burden of proof when a commoner is charged with a high crime by a legionnaire of Dukarrus? Does the court typically favor Dukarrus? Is the accused considered guilty until proven innocent? If so, how much proof is needed?
  • Evidence is provided to the Judge overseeing the matter. Both parties provide their evidence but House Dukarrus would not purse a charge unless evidence was not provided to a ranking member of the House. The Judge will then give his or her ruling and the ruling is final.

  • other) Unrelated to Legal issues (Likely asked of the clerk in the Dukarrus garrison on Valstiir and not at the library): Who is Legionnaire Tor Fensblood's direct superior?
  • Steward Ranald
« Last Edit: November 25, 2018, 09:21:11 am by Rainman »
Build it and they will come.

Snacks

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Re: Research: Legal Inquiries and a couple related but random inquiries
« Reply #6 on: November 25, 2018, 07:25:17 pm »
Follow-up questions:

In regards to question 6 when punishment is to be kicked off of the edge of the Enclave, if the party had actually been able to fly or somehow survived the fall would their sentence have been considered served?


What is the typical format for these kinds of trials? Is there subpoena? Mandatory calling of witnesses? Cross-examination of witnesses? Opportunity to discredit written or spoken testimony by proving that the source is unreliable?



Are past contributions to the community taken into account when sentencing is given? Can leniency of a judge be expected if the accused is found guilty, but has been an exemplary citizen and contributor to the state?
« Last Edit: November 25, 2018, 07:29:13 pm by Snacks »

Rainman

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Re: Research: Legal Inquiries and a couple related but random inquiries
« Reply #7 on: November 26, 2018, 12:06:38 pm »
  • In regards to question 6 when punishment is to be kicked off of the edge of the Enclave, if the party had actually been able to fly or somehow survived the fall would their sentence have been considered served?
  • Other sentences have been disintegrated on the spot by the Archmage, of course she gives them a chance to survive

  • What is the typical format for these kinds of trials? Is there subpoena? Mandatory calling of witnesses? Cross-examination of witnesses? Opportunity to discredit written or spoken testimony by proving that the source is unreliable?
  • The trials are simple, provide the evidence for and against. Witnesses maybe questioned and the judge may ask his/her own. Judgement and punishment can be on the spot or may take time to look over the evidence

  • Are past contributions to the community taken into account when sentencing is given? Can leniency of a judge be expected if the accused is found guilty, but has been an exemplary citizen and contributor to the state?
  • Maybe depending on the charge, generally in lesser cases
Build it and they will come.