Overview
There are three categories of the legal system in the Dominion:
- The Codex of Laws
- The Criminal Law
- Regulatory Matters
That distinction is somewhat muddy, as the basis for the Criminal Law and Regulatory Matters are themselves defined in the Codex of Laws, however the enforcement and interpretation of the different branches of law differs enough to make that a common and practical distinction.
In terms of classification, the Dominion’s legal system is a Civil Law system with an Inquisitorial approach to adjudication.
The Criminal Law
The Criminal Law is routinely enforced and adjudicated by the Dominion Legion.
The body of Criminal Law is made up of those sections of the Codex that are defined as Criminal Law, and such subsequent Overlordly Decrees that have been defined as extending the Criminal Law.
The Dominion’s legal system follows an Inquisitorial model
Criminal Law Process
A typical example of a Criminal Law case:
- The Legion, usually a Public Safety Officer, will detect a perceived violation of the Criminal Law
- The Violator will be arrested and the case presented to an Examining Inquisitor (a Legion Commissar)
- The Violator may request an Advocate be appointed to them at this point, or obtain the services of one
- Appointed Advocates are usually Legion members and often, but not always, Commissars
- Occasionally the Legion may make use of non-Legion Appointed Advocates
- An Advocate’s role is:
- to advise the Violator on matters of legal procedure and help them navigate the legal process
- if requested by the Violator, to represent them in the legal process
- to gather and present any evidence on behalf of the Violator
- to observe the legal process and ensure it is not perverted against the Violator
- In minor cases, the Examining Inquisitor is empowered to make an Adjudication of guilt or innocence and determine any penalty
- The Examining Inquisitor may seek additional evidence before making an Adjudication
- There are Appeal provisions, which usually involve re-examination and a possible Appellate Trial
- In major cases, the Examining Inquisitor makes a determination as to whether the case will go to a Trial
- If a case proceeds to trial one or more Adjudicating Inquisitors will be appointed, as will a Prosecutor
- The Prosecutor’s role is to take the lead in assembling and preparing evidence for the trial, note that as this is not an adversarial system, the Prosecutor’s role is to assemble all relevant evidence, not to build a case against the violator
- The Advocate works with the Prosecutor to fulfill the Advocate role
- The Advocate and the Prosecutor present the evidence to the Adjudicating Inquisitor(s), usually this is in the form of a Consensus Brief that is agreed by both parties and backed up with summary verbal statements, however it is possible to present Dissenting Briefs, where the Prosecutor and Advocate provide differing interpretations of the evidence.
- The Adjudicating Inquisitor(s) may ask questions, usually of the Advocate and Prosecutor, sometimes of the Violator, examine the evidence and seek additional evidence (which is usually done through the Prosecutor but need not be)
- The Adjudicating Inquisitor(s) will then, assuming they believe they have sufficient evidence to do so, determine guilt or innocence and whichever was appointed Lead Adjudication Inquisitor (if there are more than one) will determine any penalty
- There are Appeal Provisions, but the next step is usually to take the matter out of the hands of the Legion and it becomes a matter under the Codex
Regulatory Matters
Regulatory matters are those specified in an Overlordly Decree that carry some sort of penalty, but are not adjudicated by the Legion. These are typically related to some specific area under the jurisdiction of a particular Bureau.
Usually adjudication of guilt or innocence will be determined by an executive or secretariat level Bureaucrat.
The Legion may still be called upon to arrest a violator in some cases.
The Codex of Laws
The Codex is the Dominion’s constitution.
While most matters requiring adjudication under the Codex are considered criminal, there are those that fall outside that classification.
In some cases the Codex lays out steps for adjudication, in others it lays out that the adjudication will be carried out by the Underlords (many of which are now delegated to the Octant Secretariats) or the Overlord.
In other cases it’s less clear; the most glaring example to date being the lack of clear resolution over a question of Overlordly succession that led to the Uprising of the True Bloods and pitched the Dominion into civil war.
The Reader of The Codex is a prescribed position intended to advise the Overlord on such matters. It is unusual in that, though technically being a Bureaucrat in a Codex Prescribed Office, Overlord Helene made the Reader of the Codex a Member of the Overlord’s Household and the tradition has persisted ever since.
Specific examples of Codexical Powers and Laws are the powers of the Vizierate Wardens and the Overlord’s Household, which are separated in the Codex from those of the Legion (there’s a grey area regarding extension of powers or jurisdiction for the Vizierate and Household by Overlordly Decree, which may be considered Regulatory matters but this is really of interest mainly to legal scholars.)
Selected Legal Concepts, Laws and Exclusions
A number of concepts are defined in the Codex relating to governance of the Dominion, including:
- The Overlord’s Magnificence
- The Overlord’s Benevolence
- The Overlord’s Command
- The Overlord’s Decree
- The Overlord’s Pleasure
- Overlordly Preserves
These are detailed under Governance.
Legal Entities
The Dominion has a very limited concept of a legal entity other than a natural person. This is essentially limited to:
- Married persons – in certain situations the married parties may be treated as a single legal entity
- Legal Partnerships – for certain business and commercial purposes, the members of a legal partnership may be treated as a single legal entity
- Note: The laws don’t generally shield people in a partnership from responsibility, the partnership laws are intended to make things administratively easier, they do not generally reduce business risk or liability.
Ownership of Land
No-one in the Dominion may own land.
The Overlord claims every planet and star in the Galaxy – that means the Overlord owns all the land. The Overlord may, through the Overlordly Benevolence, issue decrees that permit people leasehold over land.
People may own buildings or other structures that sit on land, but not the land itself.
Usury
It is illegal to charge a fee for, or make a profit from, the lending of money.
Wills
A Will is a legal document registered with the Nomination Bureau that overrides the application of the Naming Rules for the purposes of allocating a deceased estate. Probate in the Dominion requires the intervention of the Overlord (or an Underlord, and consequently a ruling of the Octant Secretariat) – so it effectively doesn’t happen. A Will not registered with the Nomination Bureau prior to death has no legal standing.