Table of Precedent
Important Notes
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The following table is meant to assist all those wondering what precedent is established in the trials and judicial reviews found in the Conclave. However, it is not a table of official rules themselves, but rather of official legal rules as interpreted from Judicial Reviews and trial verdicts. As such, all citizens are encouraged to notify the Viceroy if they believe a legal rule mentioned in the following Sources was not added to the table.
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Precedent has multiple definitions. The following precedent listed will be legal rules as well as any criminal charges and procedures as according to previous trials.
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Please note that precedent may conflict with legislative law. In this case, legislative law trumps precedent, so follow what is laid out in legislative law. If you have a doubt about which to follow, ask the Viceroy.
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Much of this precedent was formed around repealed legislation, so it is outdated. However, it has not been reversed by the courts, so it still stands as judicial law.
| Procedural Precedent (Legal Rules) | |
|---|---|
| Precedent | Source |
| A Vizier who is voted as an Acting Delegate by the Magisterium shall serve until the conclusion of a Special Election. | Review on Special, Acting, and Interim Delegates |
| The citizen who is voted in as Delegate in a Special Election shall serve the remainder of the term as Interim Delegate. | Review on Special, Acting, and Interim Delegates |
| The Magisterium is required to conduct majority votes on the matter of allowing applicants into the body. | A Question on Admission |
| Should a Magisterium vote fail to reach quorum, an applicant shall be considered as denied. | A Question on Admission |
| Upon denial, a Magisterium-candidate may petition the Conclave for a citizen-wide referendum. | A Question on Admission |
| To fulfill section 4.8 of the Dictum, two conditions must be met: there must be a clear and significant danger, and the danger must affect the region as a whole. These conditions must be considered case by case. | A Review for Potential Action |
| The Delegate may only ban nations without citizenship when enforcing section 4.8 of the Dictum. | A Review for Potential Action |
| In the case of multiple citizenships, the Delegate may ban all nations associated with a Citizen BESIDES the nation which was first granted and still holds citizenship. | A Review for Potential Action |
| A Citizen can only be banished or ejected after being convicted of a particular crime. | A Review for Potential Action |
| A Citizen who has become a non-citizen shall retain their right to trial for matters that occurred when they were a Citizen. | Question of Jurisdiction |
| Should the accused not appear during a trial, the prosecution will still be expected to prove the guiltiness of the defense. | Question of Jurisdiction |
| The Conclave may issue official Orders, called Arrest Warrants, calling for the arrest of a Citizen who is absent from trial. | Question of Jurisdiction |
| Non-citizens do not have the right to a trial. | Question of Jurisdiction |
| Service operators of off-site platforms shall replace the Delegate in enforcing law and local rules (as they constitute summary offenses). However, should said operators abuse their powers, the matter shall be brought to the Conclave, who shall then talk to the Delegate and Magisterium about the future usage of said platform. | Question of Jurisdiction |
| Residents are required to follow the laws of the East Pacific when within its jurisdiction. | Question of Jurisdiction |
| Off-site services are expected to agree to the Concordat and regional law. They shall enact with an order or punishment enacted by the regional government. Failure to agree with regional law may result in disuse of the service by the East Pacific. | Question of Jurisdiction |
| All votes as following the Concordat may not consider the inactivity or silence of a voter as a vote for AYE or NAY. | Unanimous Consent |
| Criminal Precedent (Charges and Criminal Procedure) | |
|---|---|
| Precedent | Source |
| Failure to Appear is considered a criminal charge where a Citizen fails to appear for trial, even after the issuing of an Arrest Warrant. The Conclave may issue an Order for the banishment of a citizen charged with Failure to Appear. | Question of Jurisdiction |
| The banning or ejecting of a Vizier from the East Pacific, without an Order or trial verdict by the Conclave, is considered unlawful and constitutes High Treason and Treason. | TEP v. Fedele |
| The publishing of amended forms of the Concordat or regional legislation that have NOT been passed into law following the proper processes as laid out in the standing Concordat of the time is considered as Sedition. For this to be considered as Sedition, the publishing must be done with nefarious or malicious intent. | TEP v. Fedele |
| Failure to notify East Pacific officials of an on-going treasonous act is considered as Omitting to Prevent Treason. Providing said information during or after a coup is considered as a failure to notify East Pacific officials at a proper time where they could prevent treason, so a Citizen who does so will be convicted with Omitting to Prevent Treason. | TEP v. Tim Stark |