Judiciary of New Gork

> *Note: The New Gork court system is based primarily on the United States court system. Any clarifications or details regarding the New Gork courts may be considered to default to their usage in the United States.*
>
>

The judiciary of New Gork is part of the New Gork government and consists of two courts: the primary court, headed by the chief justice, and the defense court, headed by the defense justice.

## Arrangement of Courts

The chief justice acts as the primary judge for all disputes raised to court, with some few exceptions to preclude conflicts of interest, as follow:

* A secondary judge will fill the position of defense justice, and will preside over all trials concerning charges against members of the New Gork Defense Force, and no others. The defense justice may not be a member of the Force or hold another role within the courts.
* In general, a member of any given organization, apart from the court itself, may not be the judge, attorney, or jury member for any other member of the same organization. If, for some reason, this poses an impossibility, the chief justice will make a ruling on a case-by-case basis, unless they are otherwise involved in the situation and pose a conflict of interest, in which case the decision passes to the council, minus any council members who may also pose a conflict of interest.
* The same ruling applies to family members, by blood, marriage, or adoption, and to those engaged in romantic and/or sexual relations.
* A judge, apart from the chief justice and defense justice, will act as judge for trials where those two are precluded from presiding due to a conflict of interest.

All judges and justices are appointed by the council. All judges, but the defense justice in particular, should be chosen such that the chance they will be precluded from presiding over a trial due to a conflict of interest is minimized.

## Trials

All trials, by default, will be tried by a jury with a judge presiding. The right to a trial by jury can be waived, as described later.

In a trial by jury, the jury will be made up of a minimum of 6 and a maximum of 12 citizens of New Gork. Potential jury members will be chosen at random from among the populace. The presiding judge and attorneys, or the involved parties, if they are representing themselves, may question the prospective jurors to find out if a juror has a personal interest in the trial, or a prejudice or bias that may influence them during the course of the trial. They may challenge undesirable jurors and ask that they be excused from the trial. The final jury will be selected by the presiding judge. Jurors should be selected with the following goals in mind: impartiality—no jury member should hold a stake in the case; and comprehensiveness—the jury should completely and accurately represent the populace of New Gork.

The involved parties may choose to be represented by a separate attorney. At the time of this writing, there exist no requirements as to the qualifications of anyone claiming this role, except that they will be chosen by the party they will represent. An attorney is responsible for the following tasks, as they apply:

* Interviewing everyone involved to build the case
* Communicating with the other party's attorney(s) and the court
* Filing motions, briefs, and other documents
* Serving discovery requests on the other party
* Procuring expert witnesses
* Negotiating settlements
* Presenting the case in court

## New Gork Jurisdiction

New Gork jurisdiction includes:

* Crimes occurring on land owned or controlled by New Gork
	+ This includes: anything within New Gork city limits, defined as the stretch of clear (non-jungle) land visible from atop the city walls, anything within three miles of the so-defined coastline, anything within Livbringaren city limits, defined as the stretch of clear (non-jungle) land visible from atop the city walls, and anything on or within 20 feet of the road between New Gork and Livbringaren
* Crimes occurring on a ship flying the New Gork or Livbringaren flag, even if it occurred in foreign waters/airspace
* Crimes occurring on foreign land if the defendant intended an effect to occur within New Gork or Livbringaren

## Adventuring Law

With tenets set by the Adventurers' Guild, adventuring law applies to and protects any and all adventurers, no matter their location. Adventuring law primarily covers basic human rights. It applies to:

* Crimes committed by a party member during an adventure
* (When lacking another jurisdiction) crimes committed against a party member or civilian in the party's protection

Crimes under adventuring law can be tried by the New Gork courts with a Guild-appointed representative present. Said representative has the power to appeal the case to a Guild court if they feel a gross misjudgment has occurred.

## Court Procedures

There are two types of cases overseen by the court of New Gork: civil and criminal.

### Civil Cases

A civil case consists of a legal dispute between two or more parties and begins when one party officially files a complaint (see below). Each side may choose to represent themselves or to have an attorney represent them. Whoever is representing a side is responsible for the attorney's duties, as listed above.

In a civil case, the plaintiff must convince the jury by "preponderance of the evidence" (i.e. that it's more likely than not) that the defendant is responsible for the harm.

#### Filing for Trial

To initiate a civil lawsuit, the plaintiff must fill out the following form (found at either the courthouse or town hall) and turn it in to the courthouse letterbox. They must also serve a second copy to the defendant.

```
Name of the plaintiff:

```

```
Name of the defendant:

```

```
Description of the damage/injury:

```

```
Explain how the defendant is responsible for the harm.

```

```
What relief is being sought?  (Compensation for damages, a court order to the defendant to cease what's causing the harm, etc.)

```

#### Discovery

Both parties, or their representatives, submit all evidence and the names of their witnesses to the court. Both parties will be advised of all information.

Two types of motions may be filed at this time:

* To dismiss: Must prove that the law has no application to the claim, there was an unlawful defect in the process so far, or that the allegations made are multiplicitous (i.e. that multiple charges amount to the same offense). If the motion is sustained by the court, one or more charges may be dropped, or the entire case dismissed.
* *In limine:* Asks the court to decide whether or not certain evidence may be presented to the jury in the trial. This is generally intended to exclude evidence which would be prejudicial for the jury to hear in open court, even if the other side were to make a timely objection which was sustained. A violation of the ruling of such an appeal results in a mistrial.

#### Settlement

The involved parties may choose to settle outside of court. If such a settlement is reached, there is no trial. Otherwise, the judge overseeing the case will schedule a trial.

#### Trial

Either side is entitled to a trial by jury. If all involved parties waive this right, the case will be heard by a judge alone. This is called a bench trial.

#### Opening Statements

The trial begins with opening statements: the plaintiff first, with the claim of damages, followed by the defendant, each outlining the argument and proof they will be presenting during the course of the trial.

#### Presentation of Evidence and Testimony of Witnesses

The plaintiff presents their witnesses and evidence, after which the defendant may cross-examine the witnesses, then the opposite: the defendant presents any additional witnesses or evidence, and the plaintiff cross-examines. During this process, the opposing attorney may raise an objection if a question is unfair, leading, irrelevant, etcetera, which the judge may overrule or sustain.

#### Closing Arguments

When each side has rested their case, the attorneys make their closing arguments, summarizing the evidence presented throughout the trial and making a final attempt to persuade the jury to find in favor of their client. The plaintiff presents their argument first, followed by the defendant.

#### Presentation of Jury Instructions (Charging the Jury)

In a jury trial, the judge explains the relevant law and the decision the jury needs to make.

#### Deliberation

The jury retires to a deliberation room to consider the trial and reach a verdict, including if the defendant is at fault for the harm claimed by the plaintiff and, if so, what damages the defendant must pay. The jury first elects a foreperson who leads the discussion and ensures all matters are discussed fairly. They must reach a unanimous verdict in either the plaintiff's or the defendant's favor. If they fail to reach such a verdict and instead come to a standstill, the judge may declare a mistrial.

#### Bench Trial

In a bench trial, the judge decides the case rather than a jury.

### Criminal Cases

In a criminal case, the council files in joint with the Defense Force. The council will choose someone to fill the role of New Gork Attorney who will represent the settlement in the case. In a criminal case, the defendant is considered innocent until proven guilty: the prosecution must prove the defendant guilty "beyond a reasonable doubt."

#### Pretrial

Following the initial filing, the presiding judge reviews the available information and decides if there is sufficient evidence to support a trial. They then advise the defendant of the charges filed and decide if the defendant should be held in jail until the trial, and set bail (as applicable). Defendants unable to procure their own attorney have the right to a court-appointed attorney.

#### Plea

The defendant may choose to plead guilty or not guilty to the charges. If they plead guilty, there is no trial, and the judge may impose a sentence immediately or schedule a later hearing to determine the sentence. If the defendant pleads not guilty, the judge schedules a date for the trial.

#### Discovery

This phase is similar to that of civil cases, with the exception that the judge may restrict some information, such as witnesses' names, to protect the witnesses from intimidation or harm.

#### Trial

The general trial procedure for a criminal case is the same as in a civil case. Like in a civil case, the defendant has the right to a trial by jury, but may waive that right and instead opt for a bench trial (in this case, the council must consent to the decision, or else it will remain a jury trial).

#### Verdict

If the defendant is found not guilty, they are immediately released. At the time of this writing, appeals are not possible, as there is only a single court of New Gork. However, if in the future appeals are made possible, the government may not appeal a not guilty verdict—the only thing they may appeal is the specifics of the sentence following a guilty verdict. Similarly, the law protects defendants from being placed in "double jeopardy" (i.e. they cannot be tried twice for the same offense).

#### Sentencing

If the defendant is found guilty, the judge decides the sentence, which may include, but is not limited to, time in jail, a fine to the government, and/or restitution to the victim(s). The Defense Force is responsible for enforcing the conditions imposed.

## Oath of Office

Anyone entering into governmental office in New Gork shall take the following oath or affirmation:

"I, \_\_\_, do solemnly swear (or affirm) that I will support and defend the Constitution of New Gork against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely and of my own will, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter."

Additionally, judges or justices shall take the Judicial Oath:

"I, \_\_\_, do solemnly swear (or affirm) that I will administer justice without respect to persons, and do equal right to the poor and to the rich, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as \_\_\_ under the Constitution and laws of New Gork."

## Various Details and Clarifications

### General Rules and Regulations of the Courtroom

Within the courtroom, the presiding judge has complete authority.

No weaponry or casting of any sort (offensive or otherwise) is allowed in the courtroom without the explicit permission of the judge. The only time permission is automatically implied is in the case of a member of the Defense Force acting as bailiff (this individual will be identified ahead of time), and this extends only to what is directly required of them in that role.

### Court Security

A member of the Defense Force, selected by their captain, will act as bailiff. The judge may request further security as they see fit, but a single bailiff is standard. The bailiff's duties include:

* Announcing a judge's entrance into the courtroom
* Calling witnesses to the stand during testimonies
* Swearing in witnesses
* Protecting the judge, jury, and other attendees in the courtroom
* Escorting people from the courtroom should they begin displaying animosity or start breaking courtroom rules
* Handling any evidence
* Acting as messenger for the jury while the trial is ongoing
* Accompanying sequestered juries

### Triviality Clause

The presiding judge may rule a trial's subject to be trivial, in which case the plaintiff, being the one to initiate the trial, will be fined a maximum of 10gp for wasting the court's time. This ruling may not be used to avoid or prejudice trials and may be overturned by the council (depending on circumstances, such a ruling that is overturned may, but will not necessarily, simultaneously be ruled as an abuse of power on the judge's part).

### Mistrials

In the case of a mistrial, the case may be retried later, with a new jury, or thrown out entirely.

### The Swearing-In of the Jury

The bailiff will swear in the jury with the following oath (or affirmation):

"Do each of you solemnly swear (or affirm) that you will try the case before you to the best of your ability and give your verdict according to the evidence?"

### The Swearing-In of Witnesses

The bailiff will swear in witnesses with the following oath (or affirmation):

"Do you solemnly swear (or affirm) that you will tell the truth, the whole truth, and nothing but the truth, under pains and penalty of perjury?"

### Abuse of Power

Should a judge abuse any power relating to their office, they will be immediately suspended. The chief justice and the council each have the authority to initiate such action, and anyone may recommend that they do so. The chief justice and council together will try the case, with two possible outcomes: one, the judge is ruled *not* to have abused their power and is reinstated, or two, the initial ruling, that they abused their power, stands, the case they were trying is declared a mistrial and will be retried by another judge, and they are either warned or removed from office. Any judge or justice may receive a maximum of one such warning. Depending on the chief justice and council's decision, the first offense may result in immediate dismissal, rather than a warning; a second offense will always result in dismissal.

In trying such cases, the chief justice holds equal power over the decision as the council. Should it be the chief justice whose actions are called into question, the three highest-ranking judges or justices (or as many as hold the titles, if less than three) will take the place of the chief justice in trying the case.