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How to Submit a Request for a Legal Case
Topic Started: Aug 9 2017, 07:08 PM (55 Views)
Renegalle
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  • 5.3. Procedure
    • 5.3.1. Each nation has the right to bring a case, whether criminal or civil, before the Court.
    • 5.3.2. In bringing a case before the Court, the applicant nation should set out:
      • 5.3.2.1. An injury in terms of the region's Constitution;
      • 5.3.2.2. The respondent nation against whom relief is sought;
      • 5.3.2.3. The facts pertaining to the injury;
      • 5.3.2.4. Prove to the Court that the Court has the authority to adjudicate in the matter;
      • 5.3.2.5. Prove to the Court that it has send a Telegram to the respondent nation with a copy of the claims brought against it; and
      • 5.3.2.6. Set out the relief sought by the applicant nation.

    • 5.3.3. The Court will ask the respondent nation to reply to the applicant nation's claim/s, within 5 calendar days, by:
      • 5.3.3.1. Acknowledging or rebutting the Court's authority to adjudicate in the matter;
      • 5.3.3.2. Acknowledging or rebutting the applicant nation's facts pertaining to the injury;
      • 5.3.3.3. Giving new evidence and stating new facts pertaining to the matter; and
      • 5.3.3.4. Asking the Court for alternative relief or dismissing the matter.

    • 5.3.4. The Court will ask the applicant nation to reply to the respondent nation's acknowledgments/rebuttals, within 5 calendar days, by:
      • 5.3.4.1. Acknowledging or rebutting the respondent nation's evidence; and
      • 5.3.4.2. Asking the Court for alternative relief or dismissing the matter.

    • 5.3.5. The Court will, finally, ask the respondent nation to reply to the applicant nation's final acknowledgments/rebuttals, within 5 calendar days, by:
      • 5.3.5.1. Acknowledging or rebutting the applicant nation's further claims and/or evidence; and
      • 5.3.5.2. Asking the Court for alternative relief or dismissing the matter.

    • 5.3.6. After the final arguments are filed in the 'Court' forum, the Magistrate will have 10 calendar days to review all the evidence, apply the region's Constitution, and, where applicable, consider international law to reach a conclusion and decide on the appropriate relief.
    • 5.3.7. A judgment handed down by the Magistrate is applicable across the whole of the region and enforceable against all member nations.
    • 5.3.8. A judgment handed down by the Magistrate must be in writing and posted on the 'Court' forum.
    • 5.3.9. A judgment handed down by the Magistrate must be enforced by all member nations.
    • 5.3.10. Where the applicant and respondent are both members of the World Assembly, the Court must consider international law. Where one or both member nations are not members of the World Assembly, the Court should only apply the Region's Constitution. The former will not have region-wide precedence whereas the latter will have region-wide precedence.
  • 5.4. Removal of Magistrate

    • 5.4.1. A Magistrate found to be contravening any provisions of the Constitution, or fails to fulfill his/her duties, must be brought before the Executive who, according to the procedures outlined in article 5.3.3. to 5.3.5. must conduct an investigation.
    • 5.4.2. The Executive, by a margin of at least 4 to 3, must decide to remove the Magistrate from his/her position.
    • 5.4.3. The Executive, by a margin of at least 4 to 3, must decide on an appropriate penalty for a Magistrate found guilty in terms of article 5.4.2.
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