Law of Packilvania: Difference between revisions
no edit summary
No edit summary Tags: Mobile edit Mobile web edit Visual edit |
No edit summary Tags: Mobile edit Mobile web edit Visual edit |
||
| (9 intermediate revisions by the same user not shown) | |||
Line 1:
[[Category:Packilvania]]
{{Politics of Packilvania}}
The law of [[Packilvania]] ([[Packilvanian]]: (''luKhanon aBakhilfaniya'') consists of statute, judicial precedent, religious law and customary law. The Constitution is the highest law in the land and all other laws must conform to the Constitution. The [[Parliament of Packilvania]] and the [[Sultan of Packilvania]] have the power to pass and promulgate, respectively, statute in accordance with the [[legislative process of Packilvania]]. Through this process there can be delegated the power to pass binding laws through provincial laws and executive decrees to the [[Administrative divisions of Packilvania#Provinces|Provincial Governments of Packilvania]] and the [[Council of Ministers of Packilvania]], respectively. The [[judiciary of Packilvania]] consists of courts, the highest of which is the Supreme Court, that have the power to interpret and apply the law. The judicial precedents arising from their judgements form part of case law. The [[Magisterium of Paxism]], at the apex of which is the [[Supreme Magister]], has the power to pass and interpret the [[canon law of Paxism]] which forms the religious law of Packilvania. Other minority [[Religion in Packilvania|religions in Packilvania]] have the ability to develop religious law through courts approved by the government. Various rural tribal groups have customs and traditions that are recognised as legally binding customary law, to an extent, by the government.
The [[Sultan of Packilvania]] has the power to legislate over matters such as war and relations with foreign nations at his discretion by decree and as the ''font of justice'', he has supreme and final judicial authority over the Princes of the [[Bedonite dynasty]] and the [[nobility of Packilvania]]. The [[Sultana of Packilvania]] has judicial and legal authority over the [[Imperial Court of Packilvania]]. The laws of Packilvania arose since time immemorial. They have been influenced by the [[Writings of Paxism]], the laws and customs arising under the [[Iktanite dynasty]], [[Zubraynite dynasty]] and [[Demirite dynasty]], and the socialist-influenced legal system that arose under the [[Packilvanian Communist Party]]. The victory of the [[Carriers of Mercy]] in the Second Packilvanian Civil War and the rule of the [[Bedonite dynasty]] that has followed has revived monarchical and religious law that was abolished by [[Gideon Muktan]].
The Constitution is the highest law in the country. This means that no other law may contravene the Constitution. Furthermore, it states that the Constitution may only be amended by the consent of the Parliament and the Sultan. The Constitution also states that the Supreme Court shall have the final authority to interpret the application of the Constitution. It states that the Crown shall have the power to make law by statute which may supersede all other laws insofar as the Crown abides by the Constitution.▼
▲The The Constitution is the highest law in the country. This means that no other law may contravene the Constitution. Furthermore, it states that the Constitution may only be amended by the consent of the Parliament and the Sultan. The Constitution also states that the Supreme Court shall have the final authority to interpret the application of the Constitution. It states that the Crown shall have the power to make law by statute which may supersede all other laws insofar as the Crown abides by the Constitution.
However, the Constitution divides different types of statutes that the Crown may create and how these types of statutes are brought into effect. Although all power of the Crown, including the power to create laws, resides with the Sultan, the Sultan's word is not immediately law at his utterance.
Line 77 ⟶ 79:
=== Reproduction ===
Intimate relations between a man and a woman below the age of 18 are illegal and punishable by execution unless legally married.
== Law of contract ==
A contract is an agreement between two or more legal persons, to act or withhold from acting. A contract may create or cede rights between the participants within the framework of the law. No contract to perform an illicit act is legally binding except as determined by a court of law. A person may enter into either a written or verbal contract. A person may implicitly enter into a contract if they act
The formation of a contract arises as follows:
* ''luQataran luMalayka'' (Formal Proposal): This is a formal offer by one party to another to enter into a contractual agreement. This creates a formal obligation on the part of the proposer to enter the contract if the proposee accepts.
* ''luYamil luTizmam'' (Required Action): What action is expected by virtue of the contract from or by the participants. This can include the duty not to act.
* ''luKhavnan ameDush'' (Agreement of Two): The two parties must actually agree to ''luYamil leTizmam''.
* ''leFakir leNafas'' (Equality of minds): Both parties must have equal knowledge and understanding of ''luYamil leTizmam''.
* ''luRakhab aluKhavnan'' (Intention to Agree): Both parties must have the intention to agree. This means that they must freely and knowingly enter into the contract. They cannot be coerced or deceived into entering the contract.
* ''luQabul luMalayka'' (Formal Acceptance): The second party must formally accept. This creates an obligation on the part of the proposee to carry out ''luYamil luTizmam''. A version of this is known as ''luQabul yeluYamil'' (Accept by Acting). This is when the contract is deemed to have been accepted if the the proposee begins to fulfill ''luYamil luTizmam''. For instance if one person sells to another and the other pays for the good without formally stating that they accepted. Another form of acceptance is ''luHadhar luKhatam'' whereby signing a written instrument of the contract indicates a formal acceptance of its provisions.
*
*
*
*
*
== Law of legal personality ==
Line 93 ⟶ 109:
=== Sorcery ===
{{Main|Sorcery in Paxism}}
Sorcery is the crime of performing magic or occult rituals. A person can be criminally liable for performing, conspiring to perform and inducing others to perform or participate in occulting rituals or disseminating propaganda that encourages or extols sorcery. Actions with are criminally punishable as sorcery include divination, the use of voodoo dolls, the proliferation and use of birth signs or star signs, and the use of potions, spells and incantations that can be construed as sorcery. Sorcery is punishable by corporal punishment or imprisonment.
Line 133 ⟶ 150:
=== Intangible property law ===
Data is regarded as the property of the user unless forfeited by some other process such as agreeing to use an internet service. Illicit deletion, manipulation, and extraction of data is a breach of property law. There are some instances where a service cannot expect users to cede the right to their data such as biometric information and bank account details. As such negligence in handling their property is the equivalent of negligence in handling physical goods.
== Law of delict ==
The law of delict is the law concerning intentional or negligent behaviour that gives rise to a civil wrong through the breach of a duty of care that begets a civil damage or creates a liability. This is distinct from the law of contract because the obligation does not arise out of ''luKhavnan ameDush'' (agreement of two) and therefore does not require ''leFakir leNafas'' (equality of minds). The obligation arises from public policy not contractual agreement. This is given by the following:
* ''luYamil aluTizmam'' (Required Action): Required action or inaction which must be proven on the basis that there was a reasonable duty of care
* ''neluKhanonishme'' (Unlawfulness): The action was unlawful and impermissible. This must be proven by whether there were laws or customs in place which the act violated.
* ''luAsasi aluDhanab'' (Standard of Fault): The person who committed the action was at fault for what they did or failed to do. For instance, someone who was incapacitated, who lacked knowledge or qualification, in some cases a minor etc. cannot be held accountable to the standard of fault required by law. A doctor has a duty to help someone who is having a medical emergency but a normal person does not. If someone swerves into a pole to avoid hitting a child who runs into the middle of the road, the child does not have an obligation to not run into the middle of the road. In cases involving children, most of the time, the parents are responsible for ensuring whether or not the child is able to carry out the required action for a delict to arise.
* ''luHaram'' (Harm): Was there a loss due to the conduct? ''luHaram aleSawlid'' refers to damage to goods or assets already owned by that person. ''luHaram aluGamalmustaf'' refers to the damage of the prospect for future gain or benefit or the loss of an opportunity. ''luHaram aluChakar'' refers to emotional or psychological harm.
* ''luYuqad aluDhanab'' (Chain of Fault): This refers to the fact that the cause of the damage by the conduct of the person needs to have been direct not incidental.
*
== Procedure ==
Line 138 ⟶ 165:
=== Criminal Procedure ===
{{Main|Law enforcement in Packilvania}}
Packilvania uses the inquisitorial system for criminal cases. This means that charges are levied and cases arising therefrom are investigated by the Imperial Procuratorate on behalf of the courts. The Supreme Council of the Imperial Procurator is responsible for overseeing the work of the Imperial Procuratorate. It is also responsible for overseeing the legal profession. The Imperial Procuratorate is based on the Supreme People's Procuratorate of the Packilvanian Communist Party and many procurators who worked for it kept their jobs after the Bedonite dynasty took over the country.
The Imperial Procuratorate determines whether are grounds to instigate a criminal prosecution except for violations under the [[Protection of State Secrets Act|''Protection of State Secrets Act'']] which are prosecuted by the Department of State Security. The Imperial Procurator is required to pursue an investigation if sufficient evidence exists to prosecute the case. The Procurator then determines which court to hold the trial in. Furthermore, it decides which witnesses to bring in and which evidence to admit before the court. It has little discretion to present evidence even if it is arguably prejudicial to the parties.
It is possible for a client to hire a private lawyer to intermediate between themselves and the Imperial Procurator as well as to seek out evidence and present it to the Imperial Procurator insofar as it does not overstep the investigation of the procurator. Procurators are appointed by the state but the state must determine whether the procurator has a vested interest or prejudice that might impede his functions in the case. A matter concerning whether the procurator is unfit can be brought by one of the parties before a judge.
Line 157 ⟶ 185:
* Crucifixion: this is the process that happens after death whereby the body of the deceased is hung in public. It is used more as a punishment after death for the most egregious crimes because of the shame it brings. It secondarily serves as a deterrent.
In most jurisdictions, criminal charges must be proven beyond a shadow of a doubt. In Packilvania, there are some crimes such as unconsented physical relations which only need to be proven on a balance of probabilities. This was introduced because the government felt that there were crimes for which victims were not receiving justice because it was infeasible, especially in rural communities where access to DNA kits was limited or laboratory results are slow to reach law enforcement. And they felt that the pervasiveness of such crimes was abhorrent and an affront to the society they wanted to build. Thus, some crimes could be proven on a balance of probabilities.
==== Rights of defendants in criminal cases ====
The defendant has the following rights:
* Right to be informed of their crime and the charges against them
* Right to go to a trial before a judge
* Right to be judged impartially and fairly
* Right to have their cases investigated fairly and competently by the Imperial Procuratorate
* Right to not be tried twice for the same crime unless
* Right to appeal a case to a higher court in the event of material inconsistencies and deficiencies in the handling of their trial
* Right to be given adequate time and advice by the Imperial Procuratorate of the relevant submissions they need to make to the court
*Right their case tried in a similar way to other similar past cases under the law of the time
*Right to be tried the same way as someone else who committed similar violations regardless of social status or rank (except for Princes)
===Civil procedure===
| |||