Tethyrian Legal System

[Velaryon]

All law in Tethyr flows from the Monarch, currently Queen Zaranda Star-Rhindaun. The Queen generally maintains previous laws, but may change them as she sees fit. Tethyr has no legislative body such as a Senate or Assembly to vote on laws, nor do they have a written Constitution. The Queen is, in essence, an absolute monarch (fortunately, one considered just by the majority of Tethyrians). In cases where Queen Zaranda has issued no new law, the old laws of Tethyr are presumed to remain active.

The old laws in Tethyr are divided into High Justice and Low Justice. High Justice consists of crimes severe enough to warrant capital punishment for nobles, things such as treason, espionage, or murder of a noble . Low Justice consists of basically everything else, including mundane crimes and justice for commoners.

That's right, Tethyr has a double-standard for those of noble birth. While it may be progressive by some standards, there is not equal justice for all in this realm, although it has improved in the years since the war ended.

[Velaryon]

In addition to her lawmaking power, Queen Zaranda is also the highest judicial authority in the land. However, she rarely hears cases herself; only in trials where the accused is a noble, or especially great crimes, does the Queen preside over the trial herself.

Beneath the Queen in judicial hierarchy is the Lord Just Chancellor. The current Just Chancellor is Tardeth Llanistaph, Duke of Suretmarch. Duke Tardeth has four sub-chancellors that work with him to codify the law into written form, an ongoing process that, while having begun several years ago, is still far from completion. The Just Chancellor may also hear cases, but again this is a fairly rare occurrence.

Just beneath the Lord Just Chancellor are the six High Justicars, one to represent each of the major racial groups within Tethyr (human, elf, dwarf, halfling, gnome, and other) receive equal justice, and have the opportunity to have their case heard by someone who understands their cultural perspective.

The six High Justicars consist of one Human, one Elf, one Dwarf, one Halfling, one Gnome, and one Half-Orc. Initially there were only three High Justicars: Elf, Dwarf, and Halfling. The Gnomish High Justicar was added a few years later in response to lobbying by the small but vocal gnomish population in Tethyr. Not long afterward, a High Justicar was appointed for Humans as well, more as a political move to avoid the perception among Tethyr's majority human population of special consideration for demi-humans. Finally, a sixth Justicar was created just recently to represent any other races who do not have a large enough population in Tethyr to warrant their own individual representation, and a half-orc was appointed to the post.

Beneath the High Justicars are the Justicars. These ten officials are all of noble blood, usually younger siblings of dukes or counts that are not in a position to inherit their families' estates. Six of the Justicars have permanent offices in different areas of Tethyr, while the remaining four travel to other areas of the country as needed.

Only Justicars, High Justicars, the Just Chancellor, and the Queen have the authority to dispense High Justice. Lower officials must refer such cases to a higher court for judgment.

[Velaryon]

After the Justicars are Justice-Majors, the primary magistrates for Tethyr's various counties. They preside over the high courts of each county, and oversee local magistrates within their jurisdiction. Justice-Majors are usually of common birth, and therefore are able to try, but not convict or sentence, those of noble birth. Such cases must be referred to the higher court of a Justicar or above. Justice-Majors also have some influence over the appointment of sheriffs within their counties.

The bottom rung of the Tethyrian judicial system are the magistrates. They are appointed by Justice-Majors and Justicars to serve within certain districts within a larger city, or any settlement of 100 or more people. Higher officials such as Justicars and Justice-Majors also employ a number of magistrates to act as clerks, legal assistants, or to serve as proxies.

Common magistrates have the authority to try cases of Low Justice, and to free sheriffs' prisoners or remand prisoners to the custody of a higher court. If they must hear the case of a noble, the region's Justice-Major is summoned in order to ensure a fair trial.

Any citizen of Tethyr is allowed to appeal a decision to a higher magistrate within ten days of sentencing, except in the case of death sentences, in which only two days are granted. Appeals may be heard by a Justice-Major, a Justicar, or at a special session with a count, duke, or royal.

Some cases are brought to the High Court in Darromar, that of the Just Chancellor. Such cases include those of murder, suspicious deaths, serious assaults, misuse of magic, succession or inheritance disputes, and appeals against magisterial judgments. In rare cases (such as the trial of a noble), cases may be brought before the Queen herself.

[Velaryon]

The honor and integrity of magistrates is generally taken for granted by the Crown. If reports of abuse, corruption, or unfairness are levied against a particular official, an investigation will be mounted.

The use of duels to settle a dispute is outlawed in Tethyr (which is not to say that they don’t happen anyway). Sheriffs are also required to use nonlethal force to bring in a suspect if at all possible (which again, is not always the case in practice).

By joint declaration of Queen Zaranda and Duke Tardeth, many laws in Tethyr remain unwritten and left to the magistrates’ personal judgment and “rational prudence” to determine. In many cases, judgment may be overruled by the local noble, but if this is abused then said noble will find themselves begging the Queen’s mercy.

This being the case, lawyers have two bases for arguing their case. First, the few codified laws that do exist, which give a foundation (though not absolute ironclad rulings) for the degree of punishment that a given crime deserves.

Second and far more numerous are judicial precedents. These are rulings issued in previous similar cases, which are documented by the court and formalized into an opinion when a ruling is issued. A lawyer may obtain and use precedents from any court in Tethyr, but a decision by a higher court always trumps that of a lower court. A magistrate breaking with precedent, particularly that set by a higher court, is frequently grounds for appeal by one side or the other in a case.

[Velaryon]

Now then, I know that's a lot of text, and so I'll try to sum it up. The hierarchy for courts, from top to bottom, goes like this:

Queen
Just Chancellor
High Justicar
Justicar
Justice-Major
Magistrate

Commoners' cases are usually heard by magistrates, except for serious crimes which may go to a higher court. Nobles are generally tried in higher courts, because only Justice-Majors or higher have the authority to hear nobles' cases, and only Justicars or higher have the authority to pronounce sentence on nobles.

Since much of Tethyrian law is unwritten or adapted from older laws, judges of all levels have a great deal of personal leeway for rulings. Also, there is no trial by jury in Tethyr, so judges are responsible for rendering a 'guilty' or 'not guilty' verdict.

Because so many of the laws are not yet written down, the bulk of lawyers' arguments are based upon precedent from previous cases. A verdict by a higher court always trumps that of a lower court, so if, say, a magistrate rules 'guilty,' but a Justice-Major has ruled 'not guilty' in a case where precedent might apply, then that is generally grounds for appeal.

[Tyrrox Zym]

Sounds good to me. Read through it and it all seems clear enough.

[Velaryon]

Naturally, this case would be tried by a magistrate.

[Tyrrox Zym]

So something I just thought of while reading this. Previously Tethyr was ruled by King Alemander IV until the fire happened right? After the fire it wasn't known that the former king had a son, Haedrak III right? So now that Haedrak is of age and King, why is his Queen making the laws and the absolute power? Shouldn't it be the King, King Haedrak III?

[stillnotleon]

*cracks fingers* well you see the current king is a bastard(literal), he was raised far away from the rest of his family and wasn't really trained to be a king.

the queen was an adventurer, but during the succession war she fought for the people, and her party did some stuff and all the people wanted her to be the next ruler, and then the current king showed up and was all like "hey, i have royal blood...but i really don't want to do this king thing, so why don't we get married so that we can appease everyone and they stop killing each other?" the queen agreed, slapped him across the face and told him to get in the kitchen and make her a "sammich"

THE END

[Tyrrox Zym]

Jan 29, 2015 14:34:50 GMT -5 stillnotleon said:

*cracks fingers* well you see the current king is a bastard(literal), he was raised far away from the rest of his family and wasn't really trained to be a king.

the queen was an adventurer, but during the succession war she fought for the people, and her party did some stuff and all the people wanted her to be the next ruler, and then the current king showed up and was all like "hey, i have royal blood...but i really don't want to do this king thing, so why don't we get married so that we can appease everyone and they stop killing each other?" the queen agreed, slapped him across the face and told him to get in the kitchen and make her a "sammich"

THE END

Aha well that makes more sense to me then. Thanks.

[Velaryon]

Specifically, she killed a fiend called The One Below who was basically turning people into "pod people" that were loyal to it, and was hiding underneath the streets of Zazesspur.

Haedrak's parentage is legitimate, though he was raised outside of Tethyr (exactly where, how, and by whom is not known to many people). He was reluctant to embrace his birthright, but had resolved himself to do it by the time he came to Tethyr. He doesn't hate his job, even if it's not the one he would have chosen, but he's totally cool with letting his wife take the lead in ruling the kingdom.

...and sure, let's say he makes the sammiches.

[Velaryon]

Incidentally, Heavenforth Manor's population is probably big enough that Thallatos could appoint a magistrate (and maybe a constable or two) in case any legal stuff pops up. You don't have to, but the option is there.

[Tyrrox Zym]

Probably not a bad idea honestly. Especially since we aren't there a lot.

[Thallatos]

Ya, where does Count fit in the hierarchy? One rung above magistrate? Definitely going to have to look into good candidates to keep the peace in our growing city-state;)

[Tyrrox Zym]

Basically if I understand their system correctly, you report to a duke who reports to the queen. You have a section of land you are responsible for getting taxes and what not from citizens. Exactly what you oversee land-wise I'm not sure. Magistrate is more on the legal side of things. They are pretty much the lowest except for sheriffs I think. Above magistrates are justice-majors, justicars, high justicars, just chancellor, and finally the queen. Magistrates can hear and pronounce sentence for commoners but can't even hear noble cases. Justice-majors can hear noble cases, but only justicars or higher can pronounce sentence on noble cases.

[Velaryon]

Jan 31, 2015 5:25:11 GMT -5 Thallatos said:

Ya, where does Count fit in the hierarchy? One rung above magistrate? Definitely going to have to look into good candidates to keep the peace in our growing city-state;)

Everything Ken said is correct. However, I interpreted your question to mean "where does a Count rank in the legal hierarchy?" and the answer to that is that you really don't. However, you can insert yourself in place of a magistrate in any case, or a justice-major in any case that doesn't involve nobles. You can also request a Justicar to let you handle a case that they would otherwise try. All of this is only within County Bardshyr, of course.

You can be overruled by the Queen, the King, the Lord Just Chancellor, or the Duchess of the Purple Marces (Marilyn Haresdown), or any of them can remove you from a case and reinstate an official of whatever level they feel is appropriate to the case. A Justicar or High Justicar cannot directly overrule you, but do have the authority to request that the Lord Just Chancellor review the case and step in, if they believe you aren't doing your job properly.

Does that about cover it?

[Thallatos]

Sure does. Thanks for the the clarity. Sounds like fun!

[Velaryon]

You might think about how hands-on Thallatos would want to be with this sort of thing. I don't want to take up too much actual game time with Thallatos presiding over cases unless it's important to the story, but it can always happen here on the website.

[leon]

uhg, Leon is going to have to teach Thalatos so much...

[Velaryon]

Maybe you'll get appointed as magistrate!

[Tyrrox Zym]

Why not Tyrrox?

[Velaryon]

Because he's more of a sheriff-type, obviously.

[Thallatos]

Nah, he won't want to get too involved in little disputes too often. Major positions will be tricky because both of those characters are obviously perfect for those jobs, but we adventure a lot so that means we won't be there too often... Gonna need to have a think on that.

[Velaryon]

You could always appoint some random dude and then play him in that other thread.