Common Law Clarification

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Allot
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Common Law Clarification

Post by Allot »

I'd like some clarification on this. From where does our common law stem, and further to that, who are the prosecutors? I have always favoured the British/Canadian/Commonwealth style, in which the Crown is the source of justice and so Crown prosecutors (appointed and directed by the Executive) run the show.

I'm not sure how it works in the US, but I guess their law stems purely from the Constitution, under which the President is entitled to appoint prosecutors/attorneys-general. Call me medieval, but I like the one with the Crowns.
H.S.H. Aaden Allot
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Elijah Ayreon
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Re: Common Law Clarification

Post by Elijah Ayreon »

Good question!

I imagine the common law being based on the customs and precedents in Elwynn throughout the ages, modified by the current charter and the laws under it.

Important precedents from Elwynnese courts, I imagine:

Mons v Dusch (any one can act as prosecutor if one is an "interested" party)

Senate v Prince (President can sue the Prince without speaking to the Senate, if he finds the Prince is ignoring Senate's powers)

And then there is the Shirerithian Judex until our independence.

Mix some Babkhan jurisprudence, some Elw people's courts, and we have a fun mixture of things.
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Allot
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Re: Common Law Clarification

Post by Allot »

Alright, and purely for ceremonial purposes, would you like to have an Attorney General or a Chief Crown Prosecutor?
H.S.H. Aaden Allot
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Re: Common Law Clarification

Post by Elijah Ayreon »

We could have one. But we need to think what his role would be other than the legal representative of the prince...

And if we have one, a cool name would be needed! The Shirerithians have an "Inquisitor"... I'd like to beat that!
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Allot
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Re: Common Law Clarification

Post by Allot »

His role isn't to represent the Prince (you have private Counsel for that) - it's to prosecute people indicted for federal crimes. The CoJ cannot act as prosecutor in the case of the State v. someone. You don't need to appoint one, except on a case by case basis. But his title should be determined so we can use it in legalese.

If this fucker hadn't gotten there before us we could have used Seeker of Truth, but now that I've pointed it out it would just be plagiarism.
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Re: Common Law Clarification

Post by Elijah Ayreon »

Ah I see!

Procurator? (only one authorized, except for the Prince, to prosecute in the name of "Elwynn")

Anyway, he could also strike deals with those he prosecutes before the case reaches the CoJ. So we'd need to guarantee that right.

I wonder of the Procurator (or whatever his title will be) being able to prosecute foreign agents in Elwynn... could be interesting!
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Re: Common Law Clarification

Post by Allot »

I think international law is pretty clear on that one: unless you've granted them diplomatic immunity, foreign nationals are subject to the laws of the country they are in.
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Re: Common Law Clarification

Post by Elijah Ayreon »

Åwesome. Gives me inspiration to draft a law on diplomatic immunity :p
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Re: Common Law Clarification

Post by Monty »

A heads up with America....generally states prosecute in the name of the people. I think it's the same at the federal level but don't quote me on that.
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Allot
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Common Law Clarification

Post by Allot »

Isn't the AG a member of the President's cabinet, i.e. directly subservient to the executive branch?
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Re: Common Law Clarification

Post by Monty »

He is but the British AG also sits in Cabinet?
Lord Montague

Balarak Alaiaon, Duke of Elwynn, Unifier of the Severed Duchy, Sequestrer of Disharmony

Also operating as Jean Carmichael, Duke of Evreaux, Speaker of the Imperial Assembly.
Oh and Eli Naveh too, Chief of the Ashkenatzan Naval Staff.

In Battle; Unbeatable. In Victory; Unbearable.

Allot
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Common Law Clarification

Post by Allot »

True, but I think it comes back to the source of power. The crown is semi-independent of whatever government is in place. Any British/American lawyers in the house?
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Monty
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Re: Common Law Clarification

Post by Monty »

English lawyer here. I don't quite get where you're coming from though. Is it to do with the source of prosecutions? Who decides etc?
Lord Montague

Balarak Alaiaon, Duke of Elwynn, Unifier of the Severed Duchy, Sequestrer of Disharmony

Also operating as Jean Carmichael, Duke of Evreaux, Speaker of the Imperial Assembly.
Oh and Eli Naveh too, Chief of the Ashkenatzan Naval Staff.

In Battle; Unbeatable. In Victory; Unbearable.

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Kaiser Stan I
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Re: Common Law Clarification

Post by Kaiser Stan I »

The Head of the CPS in England + Wales, the Director of Public Prosecutions makes the decision to prosecute for a criminal offence. The CPS is an apolitical dept of the civil service. The A-G, supported by Solicitor General, is the political government's lead legal advisor but doesn't generally sit in Cabinet. The A-G supervises the work of the prosecuting CPS. Cases are framed as "Regina (the Crown) v. Defendant", the crown being separate from the government. The Crown regularly brings cases against government ministers e.g. for judicial review with the petitioning party being in ex parte.

(AFAIK - Public Law 1 was over a year ago :angel: )
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