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Congress/Justice Act 2024

From HelloMiners Wiki Project

The Justice Act (S.3) is an act of Congress that provides details on the organization of the Justice Department, the court system, and guidance on how court cases may proceed.

Contents

A BILL

S.3. Justice Act

Be it enacted by the Senate and House of Representatives of the HelloMiners Congress assembled,

Section 1. Short Title

This Act may be cited as the "Justice Act".

Section 2. Department of Justice

(a) Administration

The Department of Justice is overseen by the Attorney General and has the power to:

  • (i) Appoint circuit court and magistrate judges.
  • (ii) Appoint officers of a Bureau of Investigation
  • (iii) Prosecute cases as prescribed under the Criminal Code.
  • (iv) Advise courts on procedural matters.
  • (v) Manage programs of prosecutors and attorneys.
  • (vi) Ensure the regulation and maintenance of prisons.
  • (vii) Administer a list of registered courts and the circuit calendar.
  • (viii) Appoint a Solicitor General to act on behalf of the Player Government.

Section 3. Courts

(a) Circuit Court

  • (i) Any indictable offense may be heard by a circuit judge upon referral by the Department of Justice.

(b) Magistrates Court

  • (i) Any summary offense may be heard by a magistrate judge upon referral by the Department of Justice.
  • (ii) Any civil matter may be heard by a magistrate judge.
  • (iii) Cases should be heard in the nearest available courthouse to where the crime is reported or the civil matter is filed.

(c) Powers of the Court

  • (i) A court may issue a subpoena under consultation with the presiding judge, requiring a person or entity to attend court or to produce documents for the purpose of assisting with a trial.
  • (ii) A judge may hold an individual in contempt and confine them to a court cell during the duration of a trial if they disrupt proceedings.
  • (iii) The court may process writs and warrants under consultation with any available judge.
  • (iv) A judge may issue an order ruling on a motion or judgements setting out their ruling at the end of a proceeding.
  • (v) Cases being heard whereby a defendant, plaintiff or the prosecutor has not complied with a request of the court within 72 hours may be moved to a conclusion by the presiding judge.

(d) Jurisdiction

  • (i) Where a crime has been committed within a private city that has established its own legal system for the same offense, that city holds jurisdiction over all legal matters, with the exception of crimes against the Player Government, its President or Presidential staff.
  • (ii) Furthermore, where a private city partly holds jurisdiction, cases must be concluded in that city before being tried in other jurisdictions.

Section 4. Rights of Litigants

(a) Proceedings

  • (i) Plaintiffs and Prosecutors lose their right to bring a case if they have also made a report to staff. (i) Defendants in cases involving indictable offenses reserve the right to a trial by jury.
  • (ii) The plaintiff or prosecution must present their case in order for a trial to progress, however, the defendant has the right to a defense.
  • (iii) Evidence used in a trial must be made available to the defense in advance of a hearing.
  • (iv) Parties have the right to call witnesses and must advise the court in advance of a hearing.
  • (v) The prosecution and then the defence, in cases looking at indictable offenses, reserve the right to make closing arguments.

(b) Representation

  • (i) Defendants have the right to representation or to represent themselves.

(c) Punishments

  • (i) Offenders who do not have the means to pay a fine may submit themselves to prison in order to work off their fine.

Section 5. Supreme Court

(a) Administration

  • (i) The Chief Justice supervises all aspects of cases brought before the court.
  • (ii) The Chief Justice may not also hold a position in the Executive Branch or in either the Senate or the House of Representatives, except where provided in the constitution.

(b) Constitutional Cases

  • (i) The Supreme Court may take up cases of merit that are brought by players or entities where it is believed that constitutional rights have been infringed.
  • (ii) The court may discuss and make a final decision after hearing from all parties.

(c) Judicial Review

  • (i) The Supreme Court has the power to review legislation and to strike down entire acts, or parts of, if they are in violation of the constitution.
  • (ii) Every effort should be made to preserve legislation where it is only necessary to strike it out in part.

(d) Appeals

  • (i) The Supreme Court has the power to hold hearings on appeals where new evidence can be considered.
  • (ii) The court may discuss and make a final decision after hearing from all parties.

S.3

See also

Categories: Acts of Congress