Borealian law
Borealian law is the term used to describe the legal system used in Ultima Borealia. Borealian jurisprudence is officially based on restorative justice and is heavily based off Ancient Germanic law and Latin law, and to cement this focus, punishments for legal violations considered to be Private law (the majority of nonviolent offences)) universally consist monetary compensation to victims, instead of prison time, based on double the amount of money/assets stolen or damaged, whilst Ultima Borealia is home to the unique system of a "Victim's Pardon" in private law where victims may reduce the sentence of, or completely remove the sentences of the person(s) that committed an offence against them; however, the fact that all prosecutions of private law offences are initiated by victims, means that full use of a Victim's Pardon is extremely rare.
Borealian law, however, is generally considered to be a variant of civil law; an inquisitorial system for all trials is used and the law is solely based off of statutes, although Ultima Borealia uses trial by jury, as is more commonly used in common law, rather than bench trials, as is more commonly used in civil law, for all trials; thus, Ultima Borealia is generally described as being a civil law jurisdiction with jury trials and a focus on restorative justice rather than retributive justice. Borealian law is also heavily influenced by Socialist law, with as it incorporates the institution of Burlaw courts and the idea of Economic law. Ultima Borealia's entire legal system is completely outlined and created in its Constitution. Ultima Borealia also notably calls its Judges Judicial Praetors, referencing a traditional Latin title, rather than Judges.
Court Structure
Burlaw courts
The institution of Burlaw courts is one of the newest innovations in Borealian law, having first been created in 1925 by the new Constitution. The Burlaw courts have original jurisdiction over minor affairs such as traffic violations, violations of municipal ordinances, and family matters. There is one burlaw court for each Hundred, and burlaws are elected for a two-year period by all able citizens over the age of 16 in that Hundred. Burlaws are not required to be career judges, lawyers or jurists, as in other Courts. There are five burlaws on each burlaw court, and bench trials are used by the Burlaw courts. Uniquely amongst Borealian courts, although decisions may be appealed by a disputing party to the Courts of the Hundreds, the Burlaw courts themselves may choose whether or not to grant appellate jurisdiction to the Courts of the Hundreds if a disputing party has not appealed and its request for appeal has not been granted.
Courts of the Hundreds
The Courts of the Hundreds function as the trial courts of Ultima Borealia, being granted original jurisdiction in most cases and appellate jurisdiction for cases regarding the burlaw courts. The Courts are divided into Public Courts specialising in public law, Private Courts specialising in private law, and Economic Courts specialising in economic law. All Courts are headed by a single Praetor, who dominates trials as a result of Ultima Borealia's employment of the inquisitorial system and sentences those convicted of crimes; however, sentences in private courts may be potentially shortened or even removed by the Victim(s) of the Crime, via the Victim's Pardon. Verdicts, however, are finally reached by a 9-person Jury, randomly selected amongst all able citizens over the age of 16 in the Hundred (or in the case of Stórkostlegborg, Prefecture) covered by the Court of the Hundred. All Praetors are elected by the lawyers and jurists in the Hundred they represent via the Schulze method, and must be a lawyer, jurist or career judge themselves, for renewable 3-year terms (coinciding with Borealian general and regional elections); however, no Praetor may serve over the age of 65. Most cases are not appealed to the Regional Courts.
Regional Courts
The Regional Courts are the appellate courts of Ultima Borealia. They are divided into the respective Borealian Regions (or, in the case of Stórkostlegborg, the Free City) and consist of six Praetors elected by the lawyers and jurists ithin their respective region every three years (at the same time as the election of the Praetors of the Hundreds) via single-transferable vote and are divided into Public, Private and Economic Courts. Bench trials are used for all decisions of the Regional Courts. The requirements, terms, and mandatory retirement ages to serve as a Regional Praetor are identical to those of the Praetors of the Hundreds.
College of Magistrates
Perhaps the most potent body within the Borealian legal system is that of the College of Magistrates. The 600-member body is tasked with electing both the Constitutional Court and the High Court of Cassation, voting on impeachment charges, accrediting law schools, creating ethical guidelines for lawyers, and more generally managing the legal profession. The majority of the body is elected by all Borealian lawyers and jurists via single-transferable vote in districts of five to nine members. All Magistrates are required to be lawyers, and all Praetors in the Most Serene Republic are automatically Magistrates. The ancient and arcane process of selecting a new member of either the High or Constitutional Courts is heavily inspired by that of the Lutheran Catholic College of Cardinals.
High Court of Cassation
The High Court of Cassation functions as the court of last resort in Ultima Borealia for all non-constitutional cases. As a court of cassation, the High Court is only empowered to examine the interpretation of facts rather than the facts themselves. The High Court utilises bench trials, as all cases are decided on by the High Court's 11-member body of Praetors, all elected by the College of Magistrates, for renewable 11-year terms; however, no Praetor may serve over the age of 65. Appointments are staggered so that one new appointment is made every year. The High Court is presided over by the Chief Praetor of the High Court, who is the most senior member of the body. All members of the High Court are required to be either a Magistrate or a Praetor.
Constitutional Court
The Constitutional Court serves as the body that handles any and all cases regarding constitutional law within Ultima Borealia, as it the sole body in Ultima Borealia to be granted the right of judicial review over all laws challenged on their question of constitutionality; this arrangement of constitutional courts is sometimes referred to as the Borealian System. It is composed of, like the High Court, 11 Praetors, elected by the College of Magistrates for renewable 11-year terms), with all Praetors not serving over the age of 65 due to the Borealian practice of this mandatory retirement age for judges, all of whom decide on the questions of constitutionality of various laws formally challenged. Appointments, like in the High Court, are staggered so that one new appointment is made every year. It is presided over by the Chief Praetor of the Constitutional Court, who is the most senior member of the Court.
Types of law
As in most other civil jurisdictions, there is a clear distinction between Public law and Private law, but there exists a third category of Economic law as well, an influence of Socialist law on Borealian law. The field of public law comprises Constitutional law, administrative law, tax law and criminal law, while the field of private law comprises all relations between individuals. Uniquely amongst legal systems, Borealian law considers theft and associated acts to be in the realm of private law, primarily due to the Borealian law's focus on restorative justice. The field of economic law comprises fields such as commercial law and associated fields (such as corporate law and competition law), agricultural law, labour law and other fields associated with social law.