The judiciary of Cobura is the system of courts that interprets and applies the law in Cobura.
The Coburan legal system is a civil law mostly based on a comprehensive compendium of statutes, as compared to the common law systems. In criminal and administrative law, Cobura uses a combination of the inquisitorial system where the judges are actively involved in investigating the facts of the case, and the adversarial system where the role of the judge is primarily that of an impartial referee between the prosecutor or plaintiff and the defendant.
In Cobura, the independence of the judiciary is historically older than democracy. The organisation of courts is traditionally strong, and almost all national and constitutional actions are subject to judicial review.
Judge qualifications Edit
Judges follow a distinct career path. At the end of their legal education at university, all law students must pass a state examination before they can continue on to an apprenticeship that provides them with broad training in the legal profession over two years. They then must pass a second state examination that qualifies them to practice law. At that point, the individual can choose either to be a lawyer or to enter the judiciary. Judicial candidates start working at courts immediately. However, they are subjected to a probationary period of up to five years before being appointed as judges for life.
Normal Judicial System Edit
|Level||Social Law||Civil Law||Criminal Law|
|Constitutional||Supreme Court of Cobura -
(Supera Tribunalo de Kobura)
|National||High Court of Cassation
(Altaj Tribunaloj de Kasacio)
5 Judges, unanimous agreement required.
|Governorate||High Social Courts - (Alta Sociaj Tribunaloj)
|Courts of Citizens - (Tribunalo de Civitanoj)
1 Judge and Jury
|First Courts - (Unua Tribunalo)
1 Judge and Jury
|Regional||Social Councils - (Socia Konsilio)
|Courts of Civil Appeal -(Tribunalo de Civila Apelacio)
|Courts of Criminal Appeal - (Tribunalo de Kriminala Apelacio)
1 Judge (Jury presence depends)
|Local||Civil Courts - 1 Judge||Police Courts - 1 Judge|
Criminal law Edit
Trial courts in criminal matters are composed of:
|Offenses||Police Courts||1-3 Police Judge(s)||Criminal offences in which the sentence is expected to be less than two years.|
|Courts of Criminal Appeal||2 Judges||Criminal offenses in which the sentence is expected to be between two and four years.|
|Minor Crimes||1 Judge + Jury||Cases in which the sentence is expected to exceed four years, cases where the prosecutor decided to be not tried by Police Courts, and minor political crimes.|
|Major Crimes||First Courts||1-3 Judge(s) + Jury||Specially constituted Court of Criminal Appeal for felonies resulting in death and economics crimes.|
|High Courts of Cassation||5 Judges||Serious political crimes.|
Specialized courts Edit
Specialized courts deal with five distinct subject areas: administrative, labour, fiscal, military, and patent law. Like the ordinary courts, they are organized hierarchically with the regional court systems under a national appeals court. All specialized law cases appealed to (only in case of error of law from trial decisions made in national courts) are tried by the High Court of Settlement.
|Appellation||High Courts of Settlement (Altaj Tribunaloj de Interkonsento)||High Court of Arms|
|National||High Administrative Court||High Labour Court||High Finance Court||Patent Courts||Common Courts of Arms|
|Regional||Regional Administrative Law Courts||Regional Labour Law Courts||Regional Financial Law Courts|
- Administrative law courts (Administrativaj Tribunaloj). In these courts, individuals can have wrongful administrative acts overturned. The High Administrative Law Court is the highest administrative law court.
- Labour law courts (Laboralaj Tribunaloj) address disputes over collective bargaining agreements and working conditions. The Civil Labour Court is the highest labour law court.
- Finance courts (Financaj Tribunaloj), also called tax law courts or fiscal courts, hear only tax-related cases. The National Finance Court is the highest tax law court.
- Military courts (Milita Tribunalo) hear cases related to the Coburan Armed Forces, as well as violations of military law and the Military Code.
- The Patent Courts hear certain intellectual property cases on patents, utility rights and trademarks.
Supreme Appellation Edit
In the very rare case of error of law from trial decisions made in the High Courts of Settlement or the High Courts of Cassation, the appeal will be tried by the Supreme Court. The Supreme Court's decision is final and binding.