Page 27 - The Circle of Life
P. 27

Those  Judges are very stern people and I know that well for my dad, bless his

               soul was a Regional Court Magistrate (like a district judge in American). I can tell
               you it was utterly impossible to lie to him without dire consequences for he could
               smell a lie from his years on the bench and so it proved. He was also a very fair

               man  who  always  listened  to  our  explanations  patiently  before  dispensing

               summary justice (well deserved I assure you). That is another rule of law which
               we  adhere  to.  Audi  alteram  partem  or  hear  the  other  side  before  making  a
               decision. That is why both sides get the chance to speak to the court and ask the

               witness  questions.  The  court  itself  is  neutral  as  is  the  law  and  will  only  ask

               questions when it needs to understand  something.

               My German and French clients don't understand this way at all. Apparently their

               Judges get stuck in whenever they can. Good luck to them. If it works for them
               it  works  for  them.  It  was  Napoleon  I  believe  who  codified  the  law  system  in

               modern times. Before that Justinian did it with Roman law.


               *  I  can  tell  you it is something worth seeing all  the codes of Justinian in Latin.
               Row  upon  row  of  books  and  you  must  be  insensitive  not  to  understand  the

               knowledge  contained  in  those  books.  I  just  love  libraries  even  if  my  interests
               these days are more into military history than anything else.


               We  have  the  higher  courts  (formerly  known  as  Supreme  Courts)  with  inherent
               jurisdiction  except  it  seems  on  constitutional  matters.  The  men  on  the  bench

               called  Judges  and  have  different  ranks  up  to  Appeal  Court  Judges  who  are

               genuinely  clever  people.  Inherent  jurisdiction  means  they  can  judge  whatever
               they please to judge. Usually it is the most serious offences or cases though.


               The  lower  courts  are  creatures  of  statute  without  inherent  jurisdiction  and  the
               men  on  the  bench  called  Magistrates.  The  limitations  are  set  by  law in private

               cases but not in criminal law. These men are experts in criminal law and judge
               serious  crime  like  murder  and  not  to  be  taken  lightly.  They  have  the  same

               qualifications  and  law  degrees  though  Judges  tend  to  come  from  the  barristers
               and  Magistrates  from  the  State Prosecutors or DA Office in American. Very few

               Magistrates  actually  passed  their  bar  exam  but  this  should  not  be  held  against
               them.  They  only  took  a  different  career  path  and  on  their fields they are very

               good.

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