Judiciary of Sanctaria
The judiciary of Sanctaria is the third branch of government in the Divine Federation of Sanctaria, and consists of a linked hierarchical system of courts at the federal and state levels. Federal courts operate under the jurisdiction of the federal Constitution of Sanctaria and act as a balance to the executive and legislature of the federal government, while state courts operate under the auspices of their respective state constitutions and apply state law.
There are a number of sources of law that apply in Sanctaria. At the base level there is state law, which are laws and legislation passed by the relevant Sanctarian state that apply within that state only. There is also federal law, which is that passed by the federal parliament which has primacy over state law where there is a conflict, and which applies nationally across all states. In addition, there is legislation that is passed by the World Assembly or by the League of IDU Nations, supranational intergovernmental organisations which can make binding orders for legislative change within Sanctaria. Common law, i.e. the body of law created by judicial precedent, also applies in Sanctaria, where judicial decisions can create new legal interpretations of law, or strike down laws entirely. The most important source of law within Sanctaria is the federal constitution which is the basis for all law, political and legal institutions, and the source of all individual rights and responsibilities.
All courts within the Sanctarian court system rely on these sources of laws to influence their operations, jurisprudence, and decision-making processes. With the exception of cases involving minors, all hearings are required to be public.[a] In addition, all criminal cases must be heard before a jury in their first instance; appeals of criminal cases already decided by juries may be heard before a panel of judges or justices without further jury involvement.
Federal court system[edit | edit source]
Typically, federal courts in Sanctaria can usually be identified by the words "Federal", "Sanctarian" or "of Sanctaria" within their name. Federal courts are divided into three tiers: trial courts, appellate courts, and a court of last resort.
Federal trial courts[edit | edit source]
Trial courts are the courts of first instance and deal with both civil and criminal cases. Only federal crimes, disputes between residents of different states, or questions of federal law can be heard by these courts. Cases heard by federal trial courts, which are organised by district, can be appealed to the appellate court that covers that district. Federal trial courts are usually organised geographically for ease of use and access, but some districts may be split to accommodate civil, criminal or other divisions depending on workload and population.[b]
The federal trial courts within Sanctaria are:[c]
Aquitanium
- Federal District Court for the First District of Aquitanium (the Archipelago)
- Federal District Court for the Second District of Aquitanium (Mainland North - Civil)
- Federal District Court for the Third District of Aquitanium (Mainland North - Criminal)
- Federal District Court for the Fourth District of Aquitanium (Mainland South - Civil)
- Federal District Court for the Fifth District of Aquitanium (Mainland South - Criminal)
- Federal District Court for the Sixth District of Aquitanium (Children)
Corpus
- Federal District Court for the First District of Corpus (East)
- Federal District Court for the Second District of Corpus (South)
- Federal District Court for the Third District of Corpus (West)
- Federal District Court for the Fourth District of Corpus (Children)
Galvium
- Federal District Court for the First District of Galvium (North - Civil)
- Federal District Court for the Second District of Galvium (North - Criminal)
- Federal District Court for the Third District of Galvium (Nicene)
- Federal District Court for the Fourth District of Galvium (South - Civil)
- Federal District Court for the Fifth District of Galvium (South - Criminal)
- Federal District Court for the Sixth District of Galvium (Children)
Glorionis
- Federal District Court for the First District of Glorionis (East)
- Federal District Court for the Second District of Glorionis (North)
- Federal District Court for the Third District of Glorionis (South - Civil)
- Federal District Court for the Fourth District of Glorionis (South - Criminal)
- Federal District Court for the Fifth District of Glorionis (West)
- Federal District Court for the Sixth District of Glorionis (Children)
Haven
- Federal District Court for the First District of Haven (East)
- Federal District Court for the Second District of Haven (West)
- Federal District Court for the Third District of Haven (Children)
Novum Aeternum
- Federal District Court for the First District of Novum Aeternum (Central)
- Federal District Court for the Second District of Novum Aeternum (East)
- Federal District Court for the Third District of Novum Aeternum (Foris)
- Federal District Court for the Fourth District of Novum Aeternum (North)
- Federal District Court for the Fifth District of Novum Aeternum (South)
- Federal District Court for the Sixth District of Novum Aeternum (West)
- Federal District Court for the Seventh District of Novum Aeternum (Children)
Novum Limium
- Federal District Court for the First District of Novum Limium (East)
- Federal District Court for the Second District of Novum Limium (South - Civil)
- Federal District Court for the Third District of Novum Limium (South - Criminal)
- Federal District Court for the Fourth District of Novum Limium (West - Civil)
- Federal District Court for the Fifth District of Novum Limium (West - Criminal)
- Federal District Court for the Sixth District of Novum Limium (Children)
Sanctus
- Federal District Court for the First District of Sanctus (City - Civil)
- Federal District Court for the Second District of Sanctus (City - Criminal)
- Federal District Court for the Third District of Sanctus (East)
- Federal District Court for the Fourth District of Sanctus (West)
- Federal District Court for the Fifth District of Sanctus (Children)
Terra Monticolarum
- Federal District Court for the First District of Terra Monticolarum (Cristi)
- Federal District Court for the Second District of Terra Monticolarum (North)
- Federal District Court for the Third District of Terra Monticolarum (South)
- Federal District Court for the Fourth District of Terra Monticolarum (West - Civil)
- Federal District Court for the Fifth District of Terra Monticolarum (West - Criminal)
- Federal District Court for the Sixth District of Terra Monticolarum (Children)
Federal appellate courts[edit | edit source]
The Sanctarian courts of appeals are the appellate courts of the federal court system. These appellate courts do not have discretion over their dockets, unlike the court of last resort, and so they must hear all appeals made from the federal trial courts. Unlike the trial courts which may be split to accommodate, for example, civil and criminal cases courts of appeals are not similarly split, and hears appeals from all branches. Judges on the courts of appeal are called "justices" and sit en banc, i.e. as a panel, to hear cases. There are no juries in these appellate courts.
As federal law retains primacy over state law, the federal appellate courts may also hear appeals from the various state courts of last resort to determine if a state law is not compatible with federal statute. These courts of appeals do have the power to create precedent from their decisions and their judicial review, particularly in cases where further attempts to appeal to the Supreme Court, i.e. the federal court of last resort, are not taken up by the body.
Each appellate court covers three states and are responsible from hearing appeals from the federal district courts contained therein. There are three courts of appeal:
- Sanctarian Court of Appeals for the Eastern Riding: This court of appeals covers the trial courts within Haven, Novum Aeternum, and Terra Monticolarum.
- Sanctarian Court of Appeals for the Central Riding: This court of appeals covers the trial courts within Glorionis, Novum Limium, and Sanctus.
- Sanctarian Court of Appeals for the Western Riding: This court of appeals covers the trial courts within Aquitanium, Corpus, and Galvium.
Federal court of last resort[edit | edit source]
The highest court in Sanctaria, and court of last resort, is the Supreme Court. Unlike the courts of appeal, the Supreme Court does not operate under a system of mandatory review, meaning it chooses which appeals to hear. There are some instances where the Supreme Court is also the court of first instance, and so does not have discretion over accepting the case; one is example is where bills are referred directly to the Supreme Court by the President of Sanctaria to test their constitutionality before signing them into law, and another is where there are lawsuits between state governments, or between the federal government and a state government.
In instances where the Supreme Court declines to hear a case from a court of appeals, the court of appeals' decision stands and is considered the precedent on the matter. Otherwise, the Supreme Court is the ultimate authority on statute and common law with the country and has the power, through judicial review, to strike down both federal law and state law. As with the courts of appeals, the Supreme Court sits en banc as a panel of nine justices; the Chief Justice of Sanctaria, and eight associate justices, each with a life tenure.
State court system[edit | edit source]
The Constitution of Sanctaria permits each state to establish their own system of common law courts responsible for applying state law in accordance with their own state precedent, their state constitution, as well as legislation passed by their state legislatures. As with the federal judiciary, state courts are organised into three tiers: trial courts/courts of first instance, appellate courts, and a court of last resort.
State legislatures may, by law, amend or change their court stuctures in accordance with their state constitutions, but under the federal constitution, they must have at least one court of first instance and a court of final resort. Decisions made in state courts of last resort may be appealed to federal courts of appeal, or the Supreme Court of Sanctaria, where questions of federal law are involved.
The number of trial courts within each state depends on population and size; most states organise their trial courts and appellate courts according to political subdivisions. Each state only has one court of last resort, but may have multiple trial and appellate courts to service geographic areas.
Aquitanium[edit | edit source]
Courts of Aquitanium are:
| Supreme Court of Aquitanium | ||
|---|---|---|
| High Court[d] | Court of Criminal Appeal[e] | |
| District Court - Civil Division | District Court - Criminal Division | Family Court[f] |
Corpus[edit | edit source]
Courts of Corpus are:
| Supreme Court of Corpus | ||
|---|---|---|
| Corpus Court of Appeal | ||
| Criminal Court | Court of Chancery[g] | Family Court[f] |
Galvium[edit | edit source]
Courts of Galvium are:
| Supreme Court of Galvium | ||
|---|---|---|
| High Court of Galvium | ||
| District Court - Civil Division | District Court - Criminal Division | Family Court[f] |
Glorionis[edit | edit source]
Courts of Glorionis are:
| Supreme Court of Glorionis | ||
|---|---|---|
| High Court[h] | Court of Criminal Appeal[i] | |
| District Court - Civil Division | District Court - Criminal Division | Family Court[f] |
Haven[edit | edit source]
Courts of Haven are:
| Supreme Court of Haven | ||
|---|---|---|
| High Court of Haven | ||
| District Court | Family Court[f] | |
Novum Aeternum[edit | edit source]
Courts of Novum Aeternum are:
| Supreme Court of Novum Aeternum | ||
|---|---|---|
| Court of Appeals | Special Criminal Court[j] | |
| District Court - Civil Division | District Court - Criminal Division | Family Court[f] |
Novum Limium[edit | edit source]
Courts of Novum Limium are:
| Supreme Court of Novum Limium | ||
|---|---|---|
| High Court of Novum Limium | ||
| District Court - Civil Division | District Court - Criminal Division | Family Court[f] |
Sanctus[edit | edit source]
Courts of Sanctus are:
| Supreme Court of Sanctus | ||
|---|---|---|
| High Court[k] | Court of Criminal Appeal[l] | |
| District Court - Civil Division | District Court - Criminal Division | Family Court[f] |
Terra Monticolarum[edit | edit source]
Courts of Terra Monticolarum are:
| Supreme Court of Terra Monticolarum | ||
|---|---|---|
| High Court of Terra Monticolarum | ||
| District Court - Civil Division | District Court - Criminal Division | Family Court[f] |
Notes[edit | edit source]
- ↑ Though hearings are required to be public, presiding judges may reasonably limit the numbers of members of the public who can be physically present. This is done with deference to health and safety laws, and to allow media to report on proceedings.
- ↑ Each state has a separate district court for minors who commit federal offences.
- ↑ Listed by state alphabetically.
- ↑ The High Court of Aquitanium hears appeals from the District Court - Civil Division and non-criminal matters from the Family Court.
- ↑ The Court of Criminal Appeal of Aquitanium hears appeals from the District Court - Criminal Division, and matters from the Family Court involving criminal matters.
- ↑ a b c d e f g h i The Family Court deals with family law matters, as well as cases either criminal or civil involving minors. Requests for committals against the subject's will into mental institutions are also dealt within a family court setting.
- ↑ The trial courts in Corpus which deal with civil matters is named the Court of Chancery.
- ↑ The Glorionis High Court hears appeals from the Civil Division of the District Court, and non-criminal cases from the Family Court.
- ↑ The Glorionis Court of Criminal Appeal hears appeals from the Criminal Division of the District Court, and cases from the Family Court involving criminal law.
- ↑ The Novum Aeternum Special Criminal Court is an appellate court from the Criminal Division of the District Court, but also may be court of first instance for serious criminal offences such as organised crime, or mass casualty offences.
- ↑ The High Court of Sanctus hears appeals from the District Court - Civil Division and non-criminal matters from the Family Court.
- ↑ The Court of Criminal Appeal of Sanctus hears appeals from the District Court - Criminal Division, and matters from the Family Court involving criminal matters.