Vitam et Mortem OOC - Magical Laws and the Legal System

BrookeDi

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The legal system for sorcerers largely imitate those of the country they are within. Most often sorcerers frequently engage in the mundane politices of the country they reside in. For example, in the United States, they may choose to vote in the mundane elections, as mundane laws apply to them as well. there are very few political positions that exist in the sorcerer world, however, there are many positions within the mundane political system (including a few past presidents) that are held by sorcerers.

There are a few positions that need to be filled within the magical community. Every three years a committee is voted on and two representatives from every country around the world will be sent to a committee meeting to review and propose any relevant changes to the United Sorcerer's Code. There is a committee meant to oversee and watch over the Sorcery Police Department; they are elected in every seven years and are tasked with monitoring the police force. Under them are a State Overseer and a City Commissioner who help to achieve these same goals (more details on this can be found on the Sorcery Police Force thread).

As in the mundane world, there is a complex court system with the highest court being the Sorcerer’s Supreme Court. With the exception of New York (again, as it is on the mundane side, in which the New York Court of Appeals is the highest state court) most courts follow, in descending order: State Supreme Court, State Court of Appeals and Criminal Appeals Court, and lower courts. It’s more complicated than this, but more or less this is how the courts work. Sorcerer courts mimic the municipal and state courts they exist along side of and they work more or less the same way.

More often than not, even when a sorcerer is caught breaking even mundane laws, they are usually caught by the Sorcery Police Department and will be tried in a Sorcerer's Court. Those in the sorcery legal profession must be knowledgeable of both mundane and magic laws.

Pennsylvania, too, is a little different in terms of names, they are set up essentially the same. Listed in order of highest court to lowest:

State Supreme Court: Dating to 1684, the Supreme Court is the highest court in the Commonwealth and the oldest appellate court in the nation. The Supreme Court’s administrative powers and jurisdictional responsibilities are vested with the seven-member court by the Pennsylvania State Constitution and a collection of statutes known as the Judicial Code. Administratively, the courts within the Unified Judicial System are largely responsible for organizing their own staff and dockets; however, the Supreme Court has several committees and boards responsible for writing and enforcing rules for judges, attorneys, and litigants to ensure an efficient and fair judicial review. Annually, the seven justices receive over 3,000 requests for appellate review.
More often than not exclusively reviews:

  • Requests for discretionary appeals from the Common Wealth and Superior Courts
  • Direct Appeals from a lower court’s decision, including when a sentence of death is issued
  • Requests to intervene in a lower court’s proceedings
  • Requests to deliver a body from illegal detention

Superior Court and Commonwealth Court
Superior Court: The Superior Court was established in 1895. It is one of Pennsylvania's two statewide intermediate appellate courts. The Superior Court is often the final arbiter of legal disputes. The Supreme Court may grant a petition to review a decision of the Superior Court, but most petitions are denied and the ruling of the Superior Court stands. Cases are usually heard by panels of three judges sitting in Philadelphia, Harrisburg or Pittsburgh, but may also be heard en banc by nine judges. The Superior Court often travels to locations throughout Pennsylvania to hear cases.
Responsible for:

  • Appeals in criminal and most civil cases from the Courts of Common Pleas
  • Appeals on matters involving children and families.
Commonwealth Court: The Commonwealth Court was established in 1968 and is unique to Pennsylvania. It is one of Pennsylvania's two statewide intermediate appellate courts. The Commonwealth Court is primarily responsible for matters involving state and local governments and regulatory agencies. It also acts as a trial court when lawsuits are filed by or against the Commonwealth. Cases are generally heard by panels of three judges in Philadelphia, Harrisburg and Pittsburgh, although, on occasion, they may choose to hold court in other locations. Cases may also be heard by a single judge or by en banc panels of seven judges.
Responsible for:

  • Original civil actions brought by and against the Commonwealth
  • Appeals from decisions made by state agencies and Courts of Common Pleas

Courts of Common Pleas: The Courts of Common Pleas are the general trial courts of Pennsylvania. They are organized into 60 judicial districts. Most districts follow the geographic boundaries of counties, but seven of the districts are comprised of two counties. Each district has from one to 93 judges and has a president judge and a court administrator.
Responsible for:

  • Appeals from minor courts
  • Appeals not exclusively assigned to another court
  • Matters involving children and families

Minor Courts: Minor courts, or special courts, are the first level of Pennsylvania's judiciary. These courts are presided over by magisterial district judges (MDJs) and municipal court judges. MDJs do not have to be lawyers, but they are required to pass a qualifying exam. Philadelphia Municipal Court General Division judges need to be lawyers, but Traffic Division judges do not. Each court has its own elected judges. In Allegheny County, the Pittsburgh Municipal Court is staffed by Allegheny County magisterial district judges and the complement is included in the total of 526 MDJs.
Responsible for:

  • Whether serious criminal cases go to Courts of Common Pleas
  • Preliminary assignments and preliminary hearings
  • Setting and accepting bail, except in murder and voluntary manslaughter cases.
 
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United Sorcerers Code

In 1462, influential sorcerers from across the world helped to form the Witches Police Force (later changed to Sorcerer’s Police Force). The world was changing and they had to change with it. Magic was no longer seen as a gift, but as something to be feared. These men and women, powerful sorcerers, gathered together to created the United Sorcerers Code in order to protect the sorcerers of the world from their own kind, as well as from any outside sources. As the world has changed and shifted and the years have passed, the laws have been updated in keeping with the modern world.
Article I. Mundane Laws
All laws written and enforced by the mundane worlds are applicable to all sorcerers and must be followed as well as all laws outlined within.

Article II. Dark Magic

All use of dark magic is considered forbidden.
  1. Dark magic (also referred to as black magic) is any magic used to manipulate, control, cause harm, or death to a victim and include, but are not limited to, the 1-6 below
    1. Necromancy: the art of raising the dead to the living
    2. Forced manipulation: either physical or psychological
    3. Shadow magic: using shadows to move from place to place, weaponizing shadows to harm others, etc.
    4. Blood: Any magic requiring the use of yours or another’s blood, regardless of the amount used.
    5. Sacrificial magic: any magic that requires the death of a sentient living being (and excluding plant life) is expressly forbidden
    6. Biomancy: Magic used to create and spread diseases and sickness
      1. Those within the Sorcery Police Force that study Biomancy in order to combat instances of threat and to better treat disease and sickness should not practice biomancy but are permitted to study it.
Article III. Sorcerer’s Secrecy: It is required that no magic be done within the presence of a mundane human.
  1. Procreation and relationships are allowed between mundane humans and sorcerers.
    1. With a legal marriage recognized, mundane spouses or sorcerers must be informed of the sorcerer’s secret
      1. Exception to a legal marriage is same-sex marriages that are not recognized by a state may apply to tell their partner of their sorcery status
    2. Every human with knowledge of the magic world must be registered with the Sorcerer’s Magical Registry
Article IV. Magical Creatures Protection Act
  1. Hunting of the Hapyxelor is forbidden and punishable by jail time or a significant fine to be determined by the Magical Creature Protection Agency (MCPA). Any magical items using hapyxelor parts are considered illegal items and can result in punishment and confiscation by the Sorcery Police Force.
    1. Any purchase or sales of haypxelor parts or items made from hayxelor parts are considered a crime.
  2. Acquiring magical ingredients from creatures requires a special permit. All other acquisitions will be considered illegal poaching with a minimum jail time of two years and fines of up to $5,000
Article V. Magical Transportation Act
  1. Magical transportation across state lines, involving the transportation of a person(s) other than oneself may not be conducted without a Magical Transportation Permit.
    1. Permits must be renewed every 18 months in order to remain relevant.
  2. Magical Transportation between countries is not permitted, except within licensed and accredited Magical Transportation Systems (MTS) located within the countries.
    1. All MTS locations must process travel visas, passports, and all other documentation in accordance with the laws of the country they are located within.
[All laws are written by GM BrookeDi and are subject to any changes at her discretion including (but not limited to) changing, adding, or removing any listed laws.]
 
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