Judiciary of Great Nortend

The Judiciary of Great Nortend is the branch of the government of Great Nortend that is responsible for resolving disputes between subjects as well as between the Crown and subjects by maintaining and upholding the law of the land.

The Law

Main article: Law of Great Nortend

The Erbonian legal system is a mix of customary, regular, civil and statute law, based mostly on an adversarial system. The normal courts (i.e. not the manorial, admiralty, ecclesiastical or martial courts) are in the regular law tradition, often thought of as the Erbonian equivalent to 'common law'. The aforementioned courts apply a mixture of civil law practice with elements of regular law.

There are five traditional categories of 'law', and one category traditionally not considered to fall under the broad term of 'law', despite being a judicial or arbitrative function. These categories are: 1. Criminal law; 2. Common law; 3. Admiralty law; 4. Martial law; 5. Canon law; 6. Petitive remedies (also called 'aequity').

Courts

The courts in Great Nortend are not formally normally established individually. Rather, individual judges or justices are empowered to hold court or assize under either commissions by the Sovereign, or by various deeds, warrants and letters patent. One example of such a commission is a commission audiendo et terminando, which is a general commission to a justice to empower and command him to inquire into all treasons, felonies, misdemeanours and breaches of His Majesty's peace, and to 'hear and determine' them according to law.

Criminal causes

The criminal court hierarchy tries those persons accused of crimes. Though private prosecutions are permitted, the Crown usually acts as the prosecutor.

Court	Composition	Jurisdiction
Petty Sessions	3 W.P.s, or 1 S.M.	Infractions and misdemeanours tried summarily
Quarter Sessions	Recorder and 1 S.M or 3 W.P.s.	Appeals, and misdemeanours and lesser felonies tried with a jury.
Assize	1 Justice	Appeals, and felonies tried with a jury.
Court of King's Chamber	1 Justice (3 Justices in appeals)	Appeals, felonies and treason tried with a jury.
Court of Appeal	3 Lord Justices	Appeals
Court of the Noble Lords	6 Lord Justices	Appeals
Court of King in Camera	The Sovereign and the Lord High Steuard	Appeals

In criminal causes, proceedings must begin by information, indictment or presentment.

A misdemeanour or infraction is traditionally begun by presentment, asking a court of Petty or Quarter Sessions to examine the evidence and decide whether there is a case to be made.

A felony or treason may be begun by either information or indictment in the court of Quarter Sessions or a Court of Assize, depending on the severity, but indictment is most common as if a jury should return a verdict of not guilty for a proceeding under information, the court is empowered to hold the informant in contempt. Proceeding by indictment involves drawing up a bill of indictment, and asking a grand jury to determine, by a majority of at least twelve men, whether the bill is a 'true bill' or not (in which case 'ignoramus' will be engrossed).

Where there is a petty jury which must deliver a verdict, the jury may return a verdict of filed convict, filed acquit, clean acquit, and no verdict. A verdict of filed acquit may be appealed.

Common causes

The civil courts arbitrate disputes between individuals.

Court	Composition	Jurisdiction
Manorial Court	Parish ordinary, Manor steward and 1 J.P.	Matters between tenants
Quarter Sessions	Recorder and 1 S.M or 3 W.P.s.	Sums less than £30
Assize	1 Justice	Appeals, and sums £30 or greater
Court of King's Chamber	1 Justice (3 Justices in appeals)	Appeals, and sums £30 or greater
Court of Appeal	3 Lord Justices	Appeals
Court of the Noble Lords	6 Lord Justices	Appeals
Court of King in Camera	The Sovereign and the Lord High Steuard	Appeals

In matters concerning sums less than £30, the plaintiff begins proceedings by a plaint, which is a written statement setting out to the court the grounds for suit, following which a summoneas may be issued by the court. For more serious matters, which are heard in the Assizes or higher, the plaintiff must purchase a writ of chancery from the Chancery to begin his action.

The lord of a manor is empowered to hold a manorial court for resolving civil disputes between his tenants, and for other administrative purposes, where proceedings begin by libel.