Pages: [1]

[PASSED]: Representation Rights and Procedure Act
Posts: 12 Views: 1249

Chanku
  • Citizen
  • Quote
    1. Title
      1.1 This shall be called the Representation Rights and Procedure Act
    2. Definitions
      2.1 For the purpose of this document Representation shall be defined as any Wintrean who has been 
            asked to represent the prosecutor or defendant in a legal case.  They will be defined as a lawyer.
      2.2 For the purpose of this document Prosecution shall be defined as any Wintrean, or any entity in 
           wintreath, that is pressing charges against another Wintrean or entity
      2.3 For the purpose of this document Defense shall be defined as any Wintrean or any entity in wintreath,
           that has legal charges against them.
    3. Representation
      3.1 Selection of Representation
        3.1.1 Representation may be selected before or during a legal case
        3.1.2 Cases against Wintreath or any Wintrean entity
          3.1.2.1 The monarch, or the head of the entity, may either select a lawyer or may appoint someone to
                     select one.
      3.2 Representation lasts the duration of the case, until a new court is called, or the lawyer is dismissed
      3.3 Benefits and Stipulations of representation
        3.3.1 A person may be called upon as a witness to testify in court
        3.3.2  A person may not speak in the case, unless they are called upon as a witness or is are directly
                 asked by the court.
      3.4 Ethics of Representation
        3.4.1 Lawyers must act in the best interest of the client to the best of their abilities regardless of
                personal opinion.
    4. Rights and Responsibilities
      4.1 Clients
        4.1.1 Rights of Clients
          4.1.1.1 A Wintrean has the right to representation if they choose so.
          4.1.1.2 A client has the right to dismiss their representation should the lawyer violate the law during
                     the period of being the client’s representation, and/or defy the Client’s morals.
      4.2 Lawyers
        4.2.1 Rights of Lawyers
          4.2.1.1 Any Wintrean has the right to represent someone or an entity, should they choose.
          4.2.1.2 A lawyer may dismiss themselves from the case if there are: Conflicts of Interest, the client
                    violates the lawyer’s morals, during the trial, the client has tampered with evidence or they feel
                    like they are inadequately representing the client.
        4.2.2 Responsibilities of Lawyers
          4.2.2.1 If a lawyer should dismiss themselves they must provide a replacement unless the client informs
                    the court that they do not require a replacement lawyer, or if a judge thinks that a replacement
                    is not necessary and/or could not be found.
          4.2.2.2 If a client has tampered with evidence then the lawyer must inform the court.
      4.3 The Judges and Court
        4.3.1 Rights of the Court
          4.3.1.1 The court may dismiss a Lawyer if: their client Tampers with evidence, if the lawyer breaches
                     the Responsibilities and Ethics of a lawyer, and/or seeks to misrepresent their client to aid the
                     prosecution or defense, which ever the representation in question is not on. 
        4.3.2 Responsibilities of the Court
          4.3.2.1 The court must notify the lawyer a minimum 24-hours before they must leave the case and the
                     client a minimum of 12-hours before their representation must leave the case. The court and
                     lawyer does not have to provide a replacement.
    5. Enforceability
      5.1 If any provision of this Act becomes illegal, invalid, or unenforceable, that shall not affect the legality,
           validity, or enforceability of any other provision of this Act.
    While this might seem as it being unnecessary, There is no procedure for Representation and how it will be handled. Anywho, thanks to everyone who helped me, especially Reon.

    As per Underhusen regulation, this is open for a 48 hour debate period, unless it is expedited by the speaker or Speaker PT(if activated), and after which is may brought up for a vote.
    « Last Edit: March 13, 2014, 08:31:09 PM by Denth Rowan »
    See you later space cowboy.
    Old Signature

     
    Current Positions in Wintreath
    Matriarch of House Kaizer
    Speaker of the 29th Underhusen
    Advisor to the Riksråd
    Positions I've held
    Riksrad(1st Jarl of Information, 3rd Jarl of Foreign Affairs, 2nd Jarl of Defense)
    Member of the WHR
    Speaker of the Underhusen (3rd)
    Speaker Pro Tempore of the Underhusen (1st)
    Underhusen Member (1st-3rd)
    Member of the 5th Overhusen
    Chairman of the 5th Overhusen
    6th Underhusen
    Speaker of the 6th Underhusen
    Mandate Holder for Jarl of Defense
    Member of the 8th Storting (Underhusen)
    Royalty of Wintreath
    Ambassador for the Department of Foreign Affairs.
    Underhusen Terms I've been a part of
    1st Underhusen
    2nd Underhusen
    3rd Underhusen
    6th Underhusen
    8th Underhusen
    Overhusen Terms I've been a part of
    5th Overhusen
    Families I've been a part of
    Kaizer - Matriarch (REFORMED)
    Kestar - Child of Wintermoot (REMOVED)
    Chanku
    Drexyl Nox
  • Citizen
  • Official Unofficial Wintreath Mascot
  • Wow, Chanku
    Drexyl Nox
    • Official Unofficial Wintreath Mascot
    • Posts: 1,468
    • Karma: 222
    • Axolotl Friend
    • Citizen
    • Pronouns
      She/Her/Hers
      Wintreath Nation
      Logged
    Omega
  • Former Citizen
  • Vidarr Braighart Kasten
  • I see nothing wrong with it.
    Vidarr Braighart Kasten
    Alterra - Vidarr - Delta
    President of Wintreath and Spiritus (disputed, aka Government in Exile)

    <+IH> There needs to be some constant to life that we can hold onto, something extremely difficult to find if we are constantly on the move.
    <@Vidarr> I hold onto the constant of change
    <+IH> How delightfully paradoxical.

    <@IH> Omega also suits you, it’s the symbol for electrical resistance.
    <@Delta> Are you saying I'm slow? :P
    <@IH> You were a component (see what I did there?) of the resistance in Wintreath, were you not?

    NS History
    Omega
    • Vidarr Braighart Kasten
    • Posts: 904
    • Karma: 81
    • Lone Flame of Thalba, Stormchaser of Tlaloc, White Rider of Erid
    • Former Citizen
    • Pronouns
      He/Him/His
      Familial House
      Kasten
      Wintreath Nation
      Logged
    Dawsinian
  • Former Citizen
  • I honestly feel we could abridge this (a lot), and still have the same effect.
    Dawsinian
    Dawsinian
    • Posts: 1,520
    • Karma: 417
    • Former Citizen
    • Pronouns
      He/Him/His
      Wintreath Nation
      Logged
    Chanku
  • Citizen
  • Like with most of my bills like this, I try to idiot proof it.
    See you later space cowboy.
    Old Signature

     
    Current Positions in Wintreath
    Matriarch of House Kaizer
    Speaker of the 29th Underhusen
    Advisor to the Riksråd
    Positions I've held
    Riksrad(1st Jarl of Information, 3rd Jarl of Foreign Affairs, 2nd Jarl of Defense)
    Member of the WHR
    Speaker of the Underhusen (3rd)
    Speaker Pro Tempore of the Underhusen (1st)
    Underhusen Member (1st-3rd)
    Member of the 5th Overhusen
    Chairman of the 5th Overhusen
    6th Underhusen
    Speaker of the 6th Underhusen
    Mandate Holder for Jarl of Defense
    Member of the 8th Storting (Underhusen)
    Royalty of Wintreath
    Ambassador for the Department of Foreign Affairs.
    Underhusen Terms I've been a part of
    1st Underhusen
    2nd Underhusen
    3rd Underhusen
    6th Underhusen
    8th Underhusen
    Overhusen Terms I've been a part of
    5th Overhusen
    Families I've been a part of
    Kaizer - Matriarch (REFORMED)
    Kestar - Child of Wintermoot (REMOVED)
    Chanku
    Weissreich
  • Paragons
  • Duke of Wintreath
  • Quote
    [...]
    2.3 For the purpose of this document Defense shall be defined as any Wintrean or, any entity in wintreath,
           that is[who] has legal charges against them.
    [...]


    Quote
    3. Representation
      3.1 Selection of Representation
        3.1.1 Representation may be selected before or during a legal case.
        3.1.2 Cases against wWintreath or any Wintrean entity.
          3.1.2.1 The monarch, or the head of the entity, may either select a lawyer or may appoint someone to
                     select one.
    [Why would a Monarch need to do this?]
      3.2 Representation lasts the duration of the case, until a new court is called, or the lawyer is dismissed.
      3.3 Benefits and Stipulations of representation
        3.3.1 A person may be called upon as a witness to testify in court.
        3.3.2 A person may not speak in the case, unless [they are] called upon as a witness or is [are] directly asked by the court.
    [...]

    Quote
    [...]
          4.2.1.2 A lawyer may dismiss themselves from the case if there are: Conflicts of Interest, the client
                    violates the lawyer’s morals, during the trial, the client has tampered with evidence or they feel
                    like they are inadequately representing the client.
        4.2.2 Responsibilities of Lawyers
          4.2.2.1 If a lawyer should dismiss themselves they must provide a replacement unless the client informs
                    the court that they do not require a replacement lawyer, or if a judge thinks that a replacement
                    is not necessary and/or could not be found. [Why would there be no need for Representation?]
    [...]
          4.3.1.1 The court may dismiss a Lawyer if: their client Tampers with evidence, if the lawyer breaches
                     the Responsibilities and Ethics of a lawyer, and/or [seeks]to misrepresent their client to aid the
                     prosecution or defense, which ever the representation in question is not on. 
        4.3.2 Responsibilities of the Court
          4.3.2.1 The court must notify the lawyer a minimum 24-hours before they must leave the case and the
                     client a minimum of 12-hours before their representation must leave the case. The court and
                     lawyer does not have to provide a replacement. [This just seems to contradict 4.2.1.2

    A few things.
    Duke Klause Edíl-Astos Meindhert
    Archivist Academic


    "Not all those who wander are lost."
    Weissreich
    • Duke of Wintreath
    • Posts: 1,690
    • Karma: 805
    • Paragons
    • Pronouns
      He/Him/His
      Familial House
      Meindhert
      Wintreath Nation
      Logged
    Chanku
  • Citizen
  • Quote
    [...]
    2.3 For the purpose of this document Defense shall be defined as any Wintrean or, any entity in wintreath,
           that is[who] has legal charges against them.
    [...]

    Sorry
    Quote
    Quote
    3. Representation
      3.1 Selection of Representation
        3.1.1 Representation may be selected before or during a legal case.
        3.1.2 Cases against wWintreath or any Wintrean entity.
          3.1.2.1 The monarch, or the head of the entity, may either select a lawyer or may appoint someone to
                     select one.
    [Why would a Monarch need to do this?]
      3.2 Representation lasts the duration of the case, until a new court is called, or the lawyer is dismissed.
      3.3 Benefits and Stipulations of representation
        3.3.1 A person may be called upon as a witness to testify in court.
        3.3.2 A person may not speak in the case, unless [they are] called upon as a witness or is [are] directly asked by the court.
    [...]
    Sorry for the errors, also The king may not feel like he would represent the case well enough, or might not be able too. Also it's for Wintrean entities such as the WHR as well.
    Quote
    Quote
    [...]
          4.2.1.2 A lawyer may dismiss themselves from the case if there are: Conflicts of Interest, the client
                    violates the lawyer’s morals, during the trial, the client has tampered with evidence or they feel
                    like they are inadequately representing the client.
        4.2.2 Responsibilities of Lawyers
          4.2.2.1 If a lawyer should dismiss themselves they must provide a replacement unless the client informs
                    the court that they do not require a replacement lawyer, or if a judge thinks that a replacement
                    is not necessary and/or could not be found. [Why would there be no need for Representation?]
    [...]
          4.3.1.1 The court may dismiss a Lawyer if: their client Tampers with evidence, if the lawyer breaches
                     the Responsibilities and Ethics of a lawyer, and/or [seeks]to misrepresent their client to aid the
                     prosecution or defense, which ever the representation in question is not on. 
        4.3.2 Responsibilities of the Court
          4.3.2.1 The court must notify the lawyer a minimum 24-hours before they must leave the case and the
                     client a minimum of 12-hours before their representation must leave the case. The court and
                     lawyer does not have to provide a replacement. [This just seems to contradict 4.2.1.2
    1) Another this is to prevent a lock situation from occurring in which the lawyer must step down from a case, but no one wants to be the client's new lawyer. There is most likely a better way of doing this, if you can tell me or help me figure out how, that would be great.

    2) 4.2.1.2 is for lawyers, if the lawyer steps down of their own volition, then they must provide a replacement, however if a court says that the lawyer must step down, then they do not have to provide a replacement.
    See you later space cowboy.
    Old Signature

     
    Current Positions in Wintreath
    Matriarch of House Kaizer
    Speaker of the 29th Underhusen
    Advisor to the Riksråd
    Positions I've held
    Riksrad(1st Jarl of Information, 3rd Jarl of Foreign Affairs, 2nd Jarl of Defense)
    Member of the WHR
    Speaker of the Underhusen (3rd)
    Speaker Pro Tempore of the Underhusen (1st)
    Underhusen Member (1st-3rd)
    Member of the 5th Overhusen
    Chairman of the 5th Overhusen
    6th Underhusen
    Speaker of the 6th Underhusen
    Mandate Holder for Jarl of Defense
    Member of the 8th Storting (Underhusen)
    Royalty of Wintreath
    Ambassador for the Department of Foreign Affairs.
    Underhusen Terms I've been a part of
    1st Underhusen
    2nd Underhusen
    3rd Underhusen
    6th Underhusen
    8th Underhusen
    Overhusen Terms I've been a part of
    5th Overhusen
    Families I've been a part of
    Kaizer - Matriarch (REFORMED)
    Kestar - Child of Wintermoot (REMOVED)
    Chanku
    Dawsinian
  • Former Citizen
  • This bill has expired. Skrifa may motion to vote or to extend debate.
    Dawsinian
    Dawsinian
    • Posts: 1,520
    • Karma: 417
    • Former Citizen
    • Pronouns
      He/Him/His
      Wintreath Nation
      Logged
    Drexyl Nox
  • Citizen
  • Official Unofficial Wintreath Mascot
  • I motion to vote
    Drexyl Nox
    • Official Unofficial Wintreath Mascot
    • Posts: 1,468
    • Karma: 222
    • Axolotl Friend
    • Citizen
    • Pronouns
      She/Her/Hers
      Wintreath Nation
      Logged
    Dawsinian
  • Former Citizen
  • Do we have a second?
    Dawsinian
    Dawsinian
    • Posts: 1,520
    • Karma: 417
    • Former Citizen
    • Pronouns
      He/Him/His
      Wintreath Nation
      Logged
    Omega
  • Former Citizen
  • Vidarr Braighart Kasten
  • Seconded.
    Vidarr Braighart Kasten
    Alterra - Vidarr - Delta
    President of Wintreath and Spiritus (disputed, aka Government in Exile)

    <+IH> There needs to be some constant to life that we can hold onto, something extremely difficult to find if we are constantly on the move.
    <@Vidarr> I hold onto the constant of change
    <+IH> How delightfully paradoxical.

    <@IH> Omega also suits you, it’s the symbol for electrical resistance.
    <@Delta> Are you saying I'm slow? :P
    <@IH> You were a component (see what I did there?) of the resistance in Wintreath, were you not?

    NS History
    Omega
    • Vidarr Braighart Kasten
    • Posts: 904
    • Karma: 81
    • Lone Flame of Thalba, Stormchaser of Tlaloc, White Rider of Erid
    • Former Citizen
    • Pronouns
      He/Him/His
      Familial House
      Kasten
      Wintreath Nation
      Logged
    Dawsinian
  • Former Citizen
  • The Motion to vote passes. This Act will now come to a vote.
    Dawsinian
    Dawsinian
    • Posts: 1,520
    • Karma: 417
    • Former Citizen
    • Pronouns
      He/Him/His
      Wintreath Nation
      Logged
     
    Pages: [1]