Judiciary of Montecara

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A schematic diagram of the Montecaran court system

The judiciary of Montecara comprises a system of politically independent courts overseen by professional judges. It is divided into three streams: civil (private) law, criminal (public) law, and administrative law.

Montecara is a civil law jurisdiction.

Foundational concepts

Montecara does not employ juries, but it does make use of lay judges in a number of circumstances. These are members of the public without formal legal training who are called by sortition and serve for a limited duration on a part-time basis. Their use is designed to ensure that there is a representative diversity of opinion in appropriate legal matters and that the legal system retains an element of democratic self-rule in keeping with the Montecaran constitution. Lay judges are required to be Montecaran citizens at least 21 years old who have not been convicted of a serious offense, who are not on active service in the military or police forces, who are not lawyers, notaries, or judges, and who are of healthy mind, good character, and sound judgment.

There is a general right of appeal in Montecara. Appeals must usually be made within thirty days of a court's decision and are in most circumstances granted.

Civil law courts

Tribunals

Under Montecaran law, tribunals (tribùni) are quasi-judicial bodies which are outside the formal court system. There are two such tribunals in the civil law stream: the Popular Tribunal (Tribùn popolà) and the Labor Tribunal (Tribùn sindicà).

The Popular Tribunal consists of panels of three lay judges sitting without a professional judge. They are assisted by a professional notary who is always present in the hearing room and available to answer questions regarding the law. They settle private disputes over property and obligations amounting to no more than Ł15,000. Hearings are legally not trials and parties must represent themselves without the aid of a lawyer.

The Labor Tribunal sits in panels consisting of one trade union representative, one representative of an employers' organization, and one lay representative of the Montecaran state, usually an employee of the Secretariat of Social Protection. It is empowered to hear disputes between workers and their employers regarding collective bargaining agreements, labor contracts, workers' rights, and wages and benefits where they do not touch on criminal law.

Common Court

The Common Court (Pretùra comùn) is the court of first instance for general civil matters. Cases are decided by a single professional judge.

Procuracy

The Procuracy (Procuradòria) is the court of first instance in cases regarding wills, trusts, estates, orphans, guardianship and administration, and bankruptcies. The judges, called procurators (procuradòri), interpret the law in accordance with principles arising from natural law notions of equity and justice, and so are able to offer more flexibility than those in other courts. They are able to appoint guardians, executors, and administrators to see that their decisions are complied with. Most cases are heard by a single procurator, but complex cases (for instance those dealing with large estates) may be heard and decided by a panel of three.