Magistrates & Advocates of Kouralia

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The Magistrates and the Advocates of Kouralia are the principal legal professionals in the courts' system. They are supported by a number of clerks and administrative staffs, and the presence of witnesses and defendants, but these are not usually legal professionals and do not actively participate in court trials.

History

Magistrates

A Magistrate is a Judicial officer in the Kouralian courts system who interprets facts and laws before acting as the representative of the crown and exercising its executive authority to imprison a person or otherwise mete out a punishment. They are usually legal professionals - career Advocates of good standing who are commissioned by the Crown as a Magistrate, however some are laypersons.

Justices of the Peace

A Justice of the Peace (JP) is the junior-most of Magistrates, and is a volunteer part-time layperson. They hear minor criminal cases in a Court of Petty Sessions, sat on a bench of three magistrates who decide matters of both fact and law. As they are not legally trained, the bench of magistrates is supported by a Clerk Jurist who is qualified, but not usually of such a level to be an Advocate. Justices of the Peace also act in a number of other hearings:

  • Committal of a serious case to the Court of Justice-seat where the offence is a Solemn one, or where a Petty offence was committed in such a s serious manner that the Petty Sessions cannot impose a suitable sentence.
  • Bailing a prisoner to return to Court, or extending a Watch-imposed remand in custody onto a defendant. Excepting this is cases of Murder and Treason which must be bailed or remanded by Justices-in-Eyre.
  • Issuing warrants.
  • Extending pre-charge detention of a suspect beyond 36 hours.

Stipendiary Justice

A Stipendiary Justice (JP) is a full-time, legally-qualified Justice of the Peace who sits alone upon the bench rather than alongside colleagues. They only sit at Courts of Petty Sessions, and can be Advocates or senior Clerks Jurist.

District Magistrate

A District Magistrate is a full-time, legally qualified judge, formerly a senior Advocate who specialised in civil cases. They hear Civil Cases alone in a District Court.

Justices-in-Eyre

A Justice-in-Eyre is a full-time, legally qualified judge who was formerly a senior Advocate who specialised in criminal cases. They hear

Advocates

An Advocate is a lawyer whose role is to represent their client in a courtroom - whether that client be the State or a private citizen. It is not required that a defendant or plaintiff engage the services of an Advocate, however it is rare for a private citizen to have the composure and legal knowledge required to succeed in their case if self-representing.

Advocacy is a regulated profession, managed by the Society of Advocates in Kurton. To become an Advocate requires an undergraduate degree in law from any University (LL.B.), followed by upgrading to a Doctorate of Law (I.D.) through a course offered by one of the Colleges of Doctors of Law. They must then apply to take the Common Audience Examination and be appointed as a Fellow of one of the Commons of Court across Kouralia.

Commons of Court

The Commons of Court are the professional associations for Advocates in Kouralia and have premises located in principal legal centres of the nation. They have supervisory and disciplinary functions over their members. The Commons also provide libraries, dining facilities and professional accommodation for visiting members. Each also has a temple attached to it and is a self-contained precinct where senior, or 'Master Advocates' can practice from. An example of a Common of Court is the Crown College of Doctors of Law exercent in Courts of Kurton.

Commons of Court are not required to appoint a Doctor of Law as a Fellow following passing the Common Audience Examination, and the most preeminent Commons will have their own entrance criteria, such as nobility or exceptional grades in the exam. Not all Doctors of law will take the Common Audience Examination as it is only required in order to fully practice law in a court. It is not required to practice law outside of a court, manage or run a legal firm, or study the subject as a jurist.

Senior Advocates of renown can be appointed as 'Master Advocates' of a Common of Court. These are entitled to permanent residence in their Common of Court, and will generally restrict themselves to management of a firm, consultancy relating to cases, or representation through audience in a superior court.

Professional Accolades