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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