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THE LAW OF OCEANIA
Draft 0.25
by Eric Klien
Copyright 1993. All rights reserved.
Special thanks to Lee Crocker for all his suggestions.
Preliminary HTML conversion by Bob Bickford, November 1994
HTML Hyperlinks and Indexing by Sean P. Kane, November 1994
For more information about the new country Oceania, contact any of the following sources.
CONTACT INFO
FTP:
unicycle.cs.tulane.edu/pub/oceania
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E-MAIL:
oceania@oceania.org
WWW:
http://unicycle.cs.tulane.edu/oceania/index.html
BOOK:
The Atlantis Papers from After Dark Publications
73370.3046@compuserve.com
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AS A FREE SOCIETY of sovereign individuals, the Law of Oceania serves a purpose very different from that of the laws of other societies. Rather than imposing a structure upon the lives of citizens, it exists only to ensure that citizens are free to run their own lives without interference from others, including the Government. It also serves to regulate the Government that the founders have created to serve the needs of individual Oceanians.
The law is a means to ensure the rights of Oceanians, not to endanger them. It is hoped that whatever problems arrive in the lives of Oceanians can be resolved by peaceful, consensual means rather than by the force of law.
It should be noted as well, that an act which is considered legal in Oceania is so because of our Constitution's dedication to the sanctity of each individual's rights. In no way should it be construed that legality equals moral judgment. It's not the Government's or its individual representatives' place in society to determine morality for the people of Oceania.
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CHAPTER ONE: Definitions and Introduction
The common law of England, so far as it is not repugnant to, or inconsistent with the Constitution or laws of Oceania, shall be the rule of decision in all Courts of Oceania.
The laws of Oceania, and all Contracts entered into by Oceanians, and all treaties entered into by Oceania, exist within the context of the Constitution of Oceania, and may not conflict with or alter it in any way. Laws that impose upon the rights of individual Oceanians are unconstitutional and void, even if passed by a clear majority. Any two laws that conflict with each other shall both be considered void by the jury trying them.
Words capitalized throughout this book of law are to be interpreted exactly as defined here. The remaining text of this document should be interpreted strictly and exactly as written in common English language usage at the time of its adoption. Conflicts may be resolved by Webster's Third International Unabridged Dictionary of the English Language.
While it is true that everything not declared illegal in these laws is automatically legal, a few laws state that certain actions are legal to help clarify some aspects of life in Oceania.
To make it clear that we are granting justice to all persons who love liberty, regardless of sex, race, or beliefs, the pronouns in this document are gender-neutral ones formed by removing the initial th from the plural pronouns. That is, ey means he/she, eir means his/her, em means him/her, and similarly for eirs and emself. It is recommended that ey be pronounced to rhyme with he/she.
Shall, Must and Will indicate legal compulsion. Should indicates suggestion. May indicates permission. Including always means "including but not necessarily limited to". Recommendations do not have the force of law.
A Person is any born human being of either sex, and of any race, origin, or beliefs. Other beings may be granted the status of Person by law as necessary. The point of birth is defined as that point at which the organism becomes detached from its mother's biological systems and can function independently of that system.
In this document, this includes Persons not currently in Oceanian territory, who are still responsible for Crimes and Debts incurred in foreign territory. Of course, such Persons cannot be abducted by the Government of Oceania to stand trial, but if they should appear in Oceania by other means, they may be arrested and brought to trial.
An Entity is any corporation, club, foundation, charity, or other type of organization, formed for any purpose. Business is a synonym for Entity.
Persons cannot evade responsibility for Crimes and Debts by forming Entities. If an Entity commits a Crime, the jury trying the Crime may decide which Person or Persons shall bear the consequences thereof. Generally, Debts will be paid by the Entity itself and punishments will be served by its officers or other Persons controlling it.
In the remainder of this text, we will describe acts committed by Persons. It will be understood that Entities are also culpable for such actions, and suffer the same consequences.
An Oceanian is a Person or Entity other than the Government currently within the territory of Oceania.
A Child is a born human of age less than sixteen years old. Children are a special case in many laws that otherwise apply to all Persons.
A Teen is a human at least sixteen years of age, and younger than eighteen.
An Adult is a human eighteen years of age or older. A Person may be declared a Child, Teen, or Adult by a Court.
A Parent is a Teen or Adult who has assumed responsibility for the care of a Child. This may or may not be the Child's biological Parents. A Child does not have the right to be classified as a Parent.
A Spouse is one of two or more Oceanians who have signed a Marriage Contract with each other.
The Nearest Relative of an Oceanian, to whom certain Rights and Entitlements are granted under these laws, is the first living Person in the following categories: Spouse, Child, sibling, grandchild, Parent, any blood relative, any Oceanian. If the Right or Entitlement sought applies only to Adults (such as the Right to bring suit), then only Adults on this list will be considered. If more than one Person is eligible in the first category eligible, then all Persons eligible in that category share equally the Rights and Entitlements of Nearest Relative under these laws. An exception to this is when someone from the "any blood relative" or "any Oceanian" categories claims proceeds from a deceased's estate or other Entitlements, in which case only the first Person successful in such a suit is granted such Entitlements in their entirety. Of course, an Oceanian has the right to sign a contract otherwise defining who is eir Nearest Relative. Such contract could define someone who is not at all blood related as the Nearest Relative.
A Right is a freedom guaranteed to every Oceanian. These include Life, Liberty, Property, and Privacy. Rights extend not only to Persons in Oceania, but to Entities as well. All Rights of Entities are derived from personal Rights, therefore Entities can have no Rights that Persons do not also have.
A Privilege is an action that can only be done with a License from the Government.
A License is the granting of a Privilege by the Government to an Oceanian. Oceanians do NOT need Licenses for anything that is a Right. A Permit is a synonym for this word.
Life is the biological state of animation. Persons who are unconscious, in cryonic suspension, or otherwise supported by technology are still considered alive and have all the Rights of conscious Persons.
Liberty is a condition that exists when Persons have control over their individual lives and Property and where all Rights are protected. Liberty also applies to Entities.
Property is the material and intellectual belongings of an Oceanian. Material belongings include Land, pets, livestock, Contracts, and personal effects. Intellectual belongings include patents and copyrights.
Privacy is the expectation of a Person not to be subject to public scrutiny of eir personal affairs.
Force is a physical act by one or more Oceanians that is destructive to the Rights of others. A believable threat to carry out such an action also constitutes Force.
Fraud is the intentional deceit of another Oceanian to induce em to part with Property or to surrender a Right.
A Voter is a Person allowed to vote in Oceania.
A Permanent Oceanian is a Person who has lived a total of twelve months in Oceania, or an Oceanian under the age of twelve months.
The Government (under the Constitution of Oceania) is a restricted Entity that protects Oceanians against external and internal Force and Fraud. Unlike other Entities, the Government has had most of its Rights restricted by laws and regulations.
Land is an area composed of dirt, concrete, steel, or other substances that people are able to live on for extended periods of time.
A Housing Development is a voluntary private association of Land owners and residents formed for the purpose of maintaining the infrastructure of a parcel of Land. A Housing Development may not contain more than 5,000 Persons, and can contain as few as one.
A Locality is a Government level that does not encompass more than 100 square kilometers.
A County is a Government level that does not encompass more than 10,000 square kilometers.
A City is a grouping of population with a geographical border. A City MAY NOT possess a Governmental structure. It may have one mayor to act as its ambassador for ceremonial purposes.
A Court is a forum in which Oceanians resolve conflicts, establish liability for wrongdoing, and assign penalties for such liability.
A Valuable is any money, Property, bonds, promissory notes, bank notes, bills of exchange, or other bills, orders, drafts, checks, receipts or certificates, or warrants concerning money or Property, due, or to become due, or to be delivered, any public security issued by any country, and any deed or writing containing a conveyance of Land or other Property, or valuable Contract in force, or any release or defeasance, or any other instrument of value, or which, by some contingency, may become valuable.
The value, for the purposes of these laws, of an item that is to become valuable at some future time is the mathematical net present value of that item at a fair rate of interest set by the jury trying the case. The value of an item which is valuable only in certain contingencies, such as lottery tickets or other gambling instruments, is the mathematical expected value of the item. In general, it is expected that items will be valued as whatever a reasonable and fully informed person would pay for such an item at the time of the suit.
A Debt is an obligation upon one Person to transfer some Valuable to another.
A Crime is an act of Force or Fraud, either intentionally or by gross negligence, committed by one Person against another.
A Felony is a Crime subject to Punishment of six months in jail or greater.
A Misdemeanor is any other Crime.
A Plaintiff is an injured party, or an agent of the injured party, who initiates a Court suit. Ey is also what other legal systems call a "prosecutor", in that ey controls the prosecution of the case at all times.
A Defendant is a party who is accused of a Crime or Debt. The ancient custom of declaring an animal to be the Defendant will not be allowed in the Court of Oceania.
A Convict is an Oceanian who has been convicted in Court of some Crime or Debt and who is subject to the penalties thereof.
Court Costs are costs incurred by the Court administering a suit, e.g., the room rental, fees of the judge and jurors, and costs of punishment.
A Fine is money or other Valuable that a Convict is ordered to pay a Plaintiff to compensate em for damages suffered. This does not in any way affect a Convict's liability for actual damages incurred.
Punishment is the prevention of the exercise of certain Rights of the Convict for the purpose of preventing em from committing further Crimes, and as a deterrent.
A Gram of Gold is a standard unit of money used in this document for Fines and other uses. At the time of this document's adoption, this is the equivalent value of one gram of gold. This value, for the purposes of the Fines and definitions in this document, may be changed by law.
A Contract is a binding agreement to which there is evidence of between two or more Oceanians, written or oral. The creation of a valid Contract requires the unanimous free and informed consent of all parties subject to its terms. In Oceania, there being no distinction between Contract, civil and criminal law, all terms of a Contract freely entered are valid and enforceable, including physical Punishments.
An Implied Contract is one created implicitly by the actions or words of a Person. While explicit consent is not required for such a Contract, some physical act on the part of the bound party is required to establish the Contractual obligation. "Status law", whereby an individual's status or circumstance is sufficient to create obligations, is not recognized in Oceania.
A Newspaper is a newspaper printed in the nearest county available or whichever form of media has the highest circulation at that time.
Justice in Oceania is achieved by one Oceanian, called the Plaintiff, filing suit in a Court against another Oceanian, called the Defendant, who is accused of some act of Force or Fraud against the Plaintiff (or an injured party on whose behalf the Plaintiff is suing).
If both the Plaintiff and Defendant agree, any Entity in Oceania may serve as a Court to settle their dispute. Whatever the private Court finds, including physical punishments, is valid and enforceable as long as both parties freely consented to give the private Court that power.
Where the Defendant does not agree to appear in any private Court, a Plaintiff Licensed to do so may bring suit in the Court of Oceania, which has the power to subpoena the Defendant for trial. Judgments of the Court of Oceania will be carried out regardless of the consent of the Convict. Because this is a dangerous power, many protections are granted to Defendants and Convicts, as detailed in the Constitution of Oceania.
Punishment levied by the Court of Oceania is in the form of imprisonment. A Convict sentenced to jail time will be imprisoned for that amount of time in a privately run prison hired by the Court or the Plaintiff, the costs of which will be levied against the Convict. Court Costs and jail costs that cannot be collected are paid by donations to the Court of Oceania. It is recommended that each local Court establish a budget for that purpose. If the Court of Oceania has no money to hold prisoners, those prisoners not being held by other funds (such as the Plaintiff's or the prison's) may be released after three months notice has been given to the general media.
Prison time Must be served while the Convict is consciously aware of the passage of time, i.e., not in cryonic suspension or other state of biological inactivity.
The maximum amount of time a prisoner may serve is 100 years. Longer sentences may be levied, but no prisoner may be physically held for longer than 100 years at one time. Sentences for Crimes committed while in prison shall be added to the prisoner's current sentence and are not subject to this limit. Sentences for Crimes committed while out of prison but tried and levied while imprisoned are subject to this limit. A prisoner who has served eir time and is released may be imprisoned for up to another 100 years if ey commits more Crimes.
Fines levied by the Court of Oceania are a Debt owed to the Plaintiff by the Convict. Court Costs are a Debt owed to the Court by the Convict.
Time limits for prosecuting certain Crimes are generally measured from the time the Crime was discovered. For example, Burglary Must be prosecuted within six months of the time the Property owner discovers the fact, even though it may have been committed much earlier while the victim was away from home. The ten year limit listed in the Constitution under the Right to Forgiveness is absolute and is measured from the time the Crime was committed. For example, if one discovers that a safety deposit box has been burglarized, one has six months to investigate and bring charges, but if it is found to have been burglarized more than ten years ago, the charges will be dropped.
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The constitutional authority for these laws is Article 2, Section 3.
This chapter will define many Crimes and the standard Fines and Punishments for them. In addition, any new methods of Force or Fraud that are developed in the future may be added to this list of Crimes and Punishments by referendum. All Courts are legally bound to these definitions, and the Court of Oceania is legally bound to these Fines and Punishments. Private Courts may specify alternate Fines and Punishments.
The Fines and Punishments listed here are solely for the act of the Crime itself, and are not to be interpreted as interfering with any suit in equity for actual damages stemming from the same acts.
All imprisonments may be replaced with exile for the amount of time in question if the jury so decides.
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In every Crime there Must be a union or joint operation of act and intention, or criminal negligence. Intention is manifested by the circumstances connected with the perpetration of the offense, and discretion of the Entity accused.
Children, the mentally ill or retarded, and others with diminished capacity for rational judgment are no less culpable for their Crimes than the sound of mind, and are still responsible for Fines, but may be given more lenient Punishments than specified here, and may at the Court's option have their criminal records expunged after a specified amount of time.
Intoxication shall not be an excuse for any Crime, unless such intoxication is occasioned by the Force or Fraud of some other Entity for the purpose of causing the perpetration of an offense, in which case the Entity so causing said intoxication for such malignant purpose shall be considered principal, and suffer the same Punishment as would have been inflicted on the Entity committing the offense if ey had been of sound reason.
All acts committed by misfortune or accident shall not be deemed criminal, where it satisfactorily appears that there was no evil design or intention, or culpable negligence. Of course, compensatory damages could still be collected.
A Person committing a Crime, under threats or menaces, which sufficiently shows that eir life was in danger, or that ey had reasonable cause to believe, and did believe, that eir life was in danger, shall not be culpable. In such cases the Entity who did the threatening shall suffer the same punishment as if ey had perpetrated the offense.
An Entity ordered or directed to commit an offense by an employer, military superior, or other figure of authority to the perpetrator shall not be excused from such Crime. The Entity giving such order shall be tried as an Accessory to the crime.
When a Crime is committed by a business or other Entity, the jury shall determine what Person or Persons bear the responsibility for the Entity's Crimes and shall apportion Fines and assign Punishment appropriately. In cases of shared culpability, Fines will be split, but whole Punishments will be levied to each.
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An Accessory to a Crime is ey who stands by and aids, abets, or assists; or who, not being present, aids, abets, assists, advises or encourages the perpetration of the Crime. Ey who thus aids, abets, assists, advises, or encourages shall be considered as principal and punished accordingly. Accessories to a Crime may have the responsibility for Fines divided among them. The excuse of being related to the Person who actually committed the crime will not be accepted in Court.
An Accessory After the Fact is an Entity who, after full knowledge that a Crime has been committed, conceals it, or harbors and protects the Entity charged with or found guilty of the Crime. Accessories After the Fact are not responsible for Fines, but may be given up to half the Punishment appropriate for the Crime they conceal. The excuse of being related to the Person who actually committed the crime will not be accepted in Court.
An Attempted Crime is committed when an Entity commits acts clearly intended to result in a Crime, but fails, as when an assassin fires eir weapon but misses. Those who thus attempt a Crime are not liable for Fines, but may be Punished exactly as those who carry out said Crime.
Conspiracy to Commit a Crime is the advance discussion and planning of criminal acts among two or more Persons. If such criminal acts are actually carried out, all those involved in the Conspiracy will treated as principal and share culpability. If such criminal acts are not actually carried out but a Court decides that those involved actually intended to commit the act, the Defendants may be given up to one quarter the Punishment appropriate for the Crime they intended to commit.
Assault is a believable threat to commit a Crime, and may result in Fines and Punishments up to one quarter of those for the actual commission of that Crime.
Extortion consists of a Person threatening to commit a Crime against the Person or Property of another, with intent thereby to extort Valuables, or to compel the Person so threatened to perform some act against eir will. Fines and Punishments for Extortion shall be one half of those for the Crime threatened. In addition, ey shall suffer the penalties of an Accessory to any Crimes committed at eir request.
An exception to the above is when the Extortion victim owes the perpetrator the Valuables requested by em, in which case such threats are only Assault, for which there will be no Punishment, and the Fine for which will be deducted from the victim's Debt.
Fraudulent Encouragement to commit a Crime is the inducement by fraudulent means of an Entity of sound judgment, or the encouragement of a Child or mentally incompetent Person, to commit a Crime. Such Entity shall be prosecuted for the offense and shall suffer the same penalties ey committed the offense directly.
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If the injury was inflicted in one county, and the party die within another county, the accused shall be tried in the county where the act was done, or the cause of death administered.
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A. Murder is the killing of a Person, with malice aforethought, either express or implied. Performing a brain autopsy on a Person who is about to undergo cryonic suspension is considered murder. The same applies to those who unnecessarily delay a cryonic suspension.
Express malice is that deliberate intention to take away the life of a Person which is manifested by external circumstances capable of proof.
Malice shall be implied when no considerable provocation appears, or when all the circumstances of the killing show an abandoned and malignant heart. All murder perpetrated by means of poison, lying in wait, torture, or by any other kind of willful, deliberate, and premeditated killing, shall be deemed murder in the first degree. All other kinds of murder shall be deemed murder in the second degree.
The Fine for murder in the first degree shall be 20,000 Grams of Gold, and the Punishment shall be not less than ten years nor more than 100. The Fine for murder in the second degree shall be 10,000 Grams of Gold and the Punishment not less than five years nor more than 100. The time limit for prosecuting Murder is ten years from the death of the victim.
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B. Manslaughter is the killing of a Person, without malice express or implied, and without any mixture of deliberation. It Must be voluntary, upon a sudden heat of passion, caused by a provocation apparently sufficient to make the passion irresistible; or involuntary, with reckless disregard for the lives affected.
The Fine for Manslaughter shall be 10,000 Grams of Gold. Punishment shall be not less than four nor more than forty years. The time limit for prosecuting Manslaughter is ten years from the death of the victim.
In order to make the killing either murder or manslaughter, it is necessary that the party die within a year and a day after the cause of death is administered. The day on which the act was done shall be reckoned the first.
An agreement to duel between two Persons Must be written and clearly consented to by all involved, or any death resulting therefrom shall be prosecuted as Manslaughter.
Justifiable Homicide is the killing of a Person in necessary self- defense, or in defense of habitation, Property, or person, against one who manifestly intends, or endeavors, by violence or surprise, to commit a Felony, or against any person or persons who manifestly intend and endeavor, in a violent, riotous, or tumultuous manner, to enter the habitation of another, for the purpose of assaulting or offering personal violence to any Person dwelling or being therein.
Justifiable Homicide may also consist in unavoidable necessity, without any will or desire, and without any inadvertence or negligence in the party killing. An arresting party who, in the execution of said arrest, puts a person to death to defend eirself or to prevent escape, shall be justified.
Excusable Homicide by misadventure, is when a person is doing a lawful act, without any intention of killing, yet unfortunately kills another, as where a man is at work with an ax, and the head flies off and kills a bystander.
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C. Assault with Intent is the threatening or intimidation of a Person, coupled with that Person's reasonable belief that the perpetrator is capable and intends to harm em physically or financially.
The Fine for Assault with Intent shall be not less than 10 nor more than 100 Grams of Gold, in addition to the Fine for simple Assault. Punishment shall be not more than 90 days in addition to that for Assault. The time limit for prosecuting Assault is one year.
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D. Battery is the willful or negligent injuring of a Person, causing physical pain or injury, but no permanent loss of function or disfigurement.
Having sexual contact with another knowing that you have a sexually transmitted disease and not informing your partner of that fact is considered Battery. Actually transmitting such disease would be Mayhem if it is a permanent condition, or Manslaughter if it is fatal.
The Fine for Battery shall be not less than twenty nor more than 200 Grams of Gold. Punishment shall be not more than one year. The time limit for prosecuting Battery is one year.
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E. Mayhem consists of depriving a Person of a member of eir body, or disfiguring or rendering it useless. If any Entity shall cut out or disable the tongue, put out an eye, slit the nose, ear, or lip, or disable any limb or member of a Person, ey shall be guilty of Mayhem. Any Person who shall cause a woman to lose her unborn Child shall be guilty of Mayhem, with the exception that no physician shall be affected by this clause who, in the discharge of eir professional duty, produces the miscarriage of any woman.
The Fine for Mayhem shall be 2,000 Grams of Gold. Punishment shall be not less than three years nor more than 30 years. The time limit for prosecuting Mayhem is two years.
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F. Rape in the first degree is the carnal knowledge or sodomy of a Person, forcibly and against eir will. Rape in the second degree shall consist of the carnal knowledge or sodomy of a Person who is either unable to consent by reason of intoxication, or other state of impaired judgment; or who is defrauded by the perpetrator into consenting to such acts.
The Fine for Rape in the first degree shall be 1,000 Grams of Gold. Punishment shall be not less than two years nor more than twenty. The Fine for Rape in the second degree shall be 500 Grams of Gold. Punishment shall be the same as for Rape in the first degree. The time limit for prosecuting Rape is ten years.
Assault, Battery, or Mayhem committed in the process of Rape shall incur their penalties as well.
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G. Torture. Any Murder, Manslaughter, Battery, Mayhem, or Rape committed upon a restrained victim with malicious deliberation and sadistic methods, shall incur double the penalty for the aforementioned Crime in addition to any penalty for such restraint.
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H. Reckless Endangerment is to engage in behavior that endangers the lives of others. For example, shooting a gun up into the air to celebrate a wedding could be considered Reckless Endangerment. The Fine for Reckless Endangerment shall be not less than twenty nor more than 200 Grams of Gold. Punishment shall be not more than six months. The time limit for prosecuting this Crime is six months.
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I. Bad Food: If any Person knowingly sells any flesh of any diseased animal, or other unwholesome provisions, or any poisonous or adulterated drink or liquors, the Person so offending shall be Punished not more than six months and be Fined not more than 200 Grams of Gold. The time limit for prosecuting this Crime is one year from the time it is discovered.
No penalties will be assessed if the purchaser is told that the items are poisonous or otherwise tainted.
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J. Biological Warfare: Any Person who shall knowingly take any clothing or other substance contaminated with smallpox or other contagious disease into any neighborhood or locality shall be guilty of a misdemeanor. Ey shall be Fined not more than twenty Grams of Gold and be imprisoned not exceeding six months.
Any Person guilty of violating the provisions of this act, in addition to the penalties herein prescribed, shall be liable in a civil action, in damages, to any and all Persons who may become infected with such contagious disease; said damages shall be so assessed as to include, in addition to their damages, all expenses incurred by reason of such sickness, loss of time, medical and burial expenses; and such action may also be maintained by the legal representative of any deceased Person.
Any Person who shall knowingly partake in an act, sexually or otherwise, which may result in the transmission of any communicable disease which ey has and has not informed eir sexual partner, shall be guilty of a misdemeanor. Ey shall be Fined not more than 300 Grams of Gold and be imprisoned not exceeding six months. If the disease is actually transmitted, ey shall be guilty of a Felony. Ey shall be imprisoned for not less than one year and not more twenty. The time limit for prosecuting this Crime is one year from the date such infection is discovered.
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A. False Imprisonment is an unlawful violation of the personal liberty of another, and consists in confinement or detention without sufficient legal authority.
The Fine for False Imprisonment may not exceed 200 Grams of Gold. Punishment shall not be less than 30 days nor more than one year. The time limit for prosecuting this Crime is six months from the time the victim was released from such illegal detention.
Kidnapping is the forcible abduction or stealing away of a Person.
Any Person who shall maliciously, forcibly, or fraudulently lead, take, carry away, decoy, or entice away any Child, with intent to detain and conceal such Child from eir Parent, shall be guilty of Kidnapping.
Any Person who shall hire, persuade, entice, decoy, or seduce, by false promises, misrepresentation, and the like, any Person to go out of Oceania, or to be taken or removed therefrom, for the purpose and with the intent to sell such Person into slavery or involuntary servitude, or otherwise to employ em for eir own use, or to the use of another, without the free will and consent of such Person, shall be guilty of Kidnapping.
The Fine for Kidnapping shall be no less than 200 nor more than 2,000 Grams of Gold. Punishment shall be not less than one nor more than ten years. The time limit for prosecuting Kidnapping is five years from the time the victim was released.
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B. Miranda Violation is the failure to inform a detained suspect of eir rights. The arresting person must repeat the following, or a similar equivalent, to a suspect: 1) You have the right to remain silent and refuse to answer questions. 2) Anything you say may be used against you in a court of law. 3) You have the right to consult an attorney before speaking to an interrogator and to have an attorney present during any questioning now and in the future. 4) If you do not have an attorney available, you have the right to remain silent until you have had an opportunity to consult with one. 5) Now that I have advised you of your rights, are you willing to answer questions without an attorney present?
The Fine for Miranda Violation may not exceed 100 Grams of Gold. Punishment shall not be less than 5 days nor more than thirty. The time limit for prosecuting the Crime is six months.
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C. Perjury is the act of a Person, having taken a lawful oath in any judicial proceeding, or in any other matter where an oath is required, who shall swear willfully, corruptly, and falsely, in a matter material to the issue or point in question.
Any public official who makes false statements in the execution of eir duties or under color of eir authority, such as at public hearings or in official correspondence with citizens, shall be guilty of Perjury.
The Fine for Perjury shall be not exceed 100 Grams of Gold. Punishment shall not be less than 14 days nor more than six months. The time limit for prosecuting the Crime is six months.
Any Person who, by willful and corrupt Perjury, shall procure the conviction and Punishment of any innocent Person, shall be deemed and adjudged guilty of False Imprisonment, and in addition suffer the same penalties suffered by above said innocent Person.
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D. Fraudulent Impersonation: Any Person who shall falsely represent or impersonate another, and, in such assumed character, shall marry another, become bail or surety for any party, in any proceeding, before any Court or officer authorized to take such bail or surety, or confess any judgment, or acknowledge to execution of any conveyance of Property, or any other act in the course of any suit or proceeding, whereby the Person so represented or impersonated may be made liable, in any event, to the payment of any Debt, shall be Punished not less than one year nor more than two years, and shall be Fined not exceeding 500 Grams of Gold. The time limit for prosecuting this Crime is six months from the time such impersonation is discovered.
Impersonation that is done for purposes other than fraudulent gain, such as for entertainment or experiment, shall not be punished. In particular, temporarily impersonating someone to determine whether that Person is recognized by another, for example, a trial witness, is a legitimate investigative technique.
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E. Posse. Every Person who shall neglect or refuse to join the posse comitatus, or power of the county, by neglecting or refusing to aid and assist in taking or arresting any Person or Persons against whom there may be issued any process, or by neglecting to aid and assist in retaking any Person or Persons who, after being arrested or confined, may have escaped from such arrest or imprisonment, or by neglecting or refusing to aid and assist in preventing any breach of the peace, or the commission of any criminal offense, shall be guilty of no crime.
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When theft is committed upon a railroad train or airplane, in motion or in rest, that travels through Oceania and it cannot with reasonable certainty be ascertained in what county said crime was committed, the offender may be arrested and tried in any county through which said railroad train or airplane may have run or flown.
As mentioned earlier, all Fines and penalties listed here are in addition to any suits for actual damages brought against those committing these crimes. A Conviction for Larceny, for example, is sufficient evidence for a Court to rule that the victim is owed restitution in the amount taken in addition to any criminal Fines.
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A. Grand Larceny is the theft of Valuables worth 100 Grams of Gold or more. Petit Larceny is the theft of Valuables worth less than 100 Grams of Gold.
The Fine for Grand Larceny shall be no less than 100 and no more than 500 Grams of Gold. Punishment shall be no less than six months and no more five years. The Fine for Petit Larceny shall be no less than ten and no more than 100 Grams of Gold. Punishment shall be no more than six months. The time limit for prosecuting Larceny is six months from the time the Crime is discovered.
Embezzlement is treated as Grand or Petit Larceny depending on the value of the Property embezzled.
Any Person who, for eir own gain, or to prevent the owner from again possessing eir Valuables, shall buy or receive stolen Valuables, or Property obtained by robbery, burglary, or embezzlement, knowing the same so to have been obtained, shall be guilty of receiving stolen Property, the penalties for which shall be the same as for Petit Larceny.
Larceny shall include the transfer of Property or any Valuables by any means, physical or electronic, by transfer or relabeling or misrepresenting ownership, forging or counterfeiting or deceiving the owner thereof into transferring or authorizing the transfer of such Property.
Every Person who shall mark or brand, alter or deface the mark or brand of any animal not eir own Property, but belonging to some other person, or cause the same to be done, with intent thereby to steal the same, or to prevent identification thereof by the true owner shall be guilty of larceny equal to the value of the Property involved.
If any bailee of any money, goods, or Property shall convert the same to eir own use, with intent to steal the same, ey shall be deemed guilty of grand or petit larceny, according to the amount of the money or the value of the goods, or Property so converted.
If any lodger shall take away, with intent to steal, embezzle, or purloin, any bedding, furniture goods, or Property, which ey is to use in or with lodging, ey shall be deemed to be guilty of grand or petit larceny, according to the value of the Property so taken.
Breaking into a computer and taking data is considered grand or petit larceny, according to the value of the Property so taken.
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B. Robbery is the violent taking of money, goods, or other valuable thing, from the Person of another by Force or intimidation.
The Fine for Robbery shall be the same as for Larceny of the degree appropriate to the amount stolen. Punishment shall be no less than two nor more than twenty years. The time limit for prosecuting Robbery is three years.
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C. Burglary is breaking and entry, with or without force, entering into any dwelling, building, vessel, or vehicle with intent to commit murder, robbery, rape, mayhem, grand larceny, petit larceny, or any Felony. The Fine for Burglary shall be the same as for Larceny of the degree appropriate for the amount of Property stolen or damaged. Punishment shall be not less than one nor more than ten years. The time limit for prosecuting Burglary is six months.
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D. Counterfeiting is the act of any Person who shall knowingly and willfully forge or counterfeit, or cause or procure to be forged or counterfeited, any currency or other notes, merchandise, the private stamps or labels of any manufacturer, or try to sell this counterfeit merchandise knowing it to be counterfeit. This law does not apply if the item being sold is labled as a copy and the manufacturer of the original item being copied does not object.
The Fine shall be not less than 100 nor more than 500 Grams of Gold. Punishment shall be no less than 90 days and no more than two years. The time limit for prosecuting Counterfeiting is six months.
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E. Forgery is the act of a Person to fraudulently forge or counterfeit the seal of Oceania, or the seal of any Court or public officer by law entitled to have and use a seal, or seal of any corporation, and make use of the same, or forge or counterfeit the signature of any public officer, or seal of any corporation, or unlawfully and corruptly, affix any of the said true seals to any commission, deed, warrant, pardon, certificate, or other writing, or who have in eir possession or custody any such counterfeit seal, and willfully conceal the same, knowing it to be so.
The Fine shall be not less than 100 nor more than 500 Grams of Gold. Punishment no less than 90 days and no more than two years. The time limit for prosecuting forgery is six months.
Every person who shall falsely make, alter, forge, or counterfeit any record, or other authentic matter of a public nature, shall be deemed guilty of forgery in the first degree. The Fine shall be not less than 100 nor more than 1,000 Grams of Gold. Punishment shall be no less than six months and no more than five years.
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F. Arson is the willful and malicious burning of the Property of another. Any Entity who shall willfully and maliciously burn, or cause to be burned, any dwelling house in which there is at the time some Person, shall be deemed guilty of Arson in the first degree.
The Fine for Arson in the first degree shall be 3,000 Grams of Gold. Punishment shall be not less than two years nor more than 100. The time limit for prosecuting Arson is five years.
Any Entity who shall willfully and maliciously burn, or cause to be burned, any dwelling house or building owned by emself, or the Property of another, or at any time willfully burn or cause to be burned, any building, or stacks of grain, or standing crops, the Property of any other Entity, or any water craft, or any bridge erected across any of the waters of Oceania, such Person shall be deemed guilty of Arson in the second degree.
The Fine for Arson in the second degree shall be not less than 100 nor more than 1,000 Grams of Gold. Punishment shall be not less than one year nor more than ten years.
Should the life of any Person be lost in consequence of such burning, such offender shall be deemed guilty of Murder, and shall be penalized accordingly.
Any Entity who shall willfully burn, or cause to be burned, any building or personal Property which shall be at the time insured against loss or damage by fire, with intent to injure or defraud such insurer, whether the same be the Property of such Person, or of any other, shall be adjudged guilty of Arson in the second degree, and penalized accordingly.
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G. Destruction: Any Person who shall willfully and maliciously break, destroy, or injure any goods, or Property of any description belonging to another, or set adrift any vessel, shall be punished as if ey had stolen the amount of money equal to the value of the damage caused.
If any Person shall, willfully and intentionally, destroy or injure, in whole or in part, any data on a computer, every Person so offending shall be penalized as if the amount of injury suffered had been stolen.
Every Person who shall fraudulently or maliciously tear, burn, efface, cut or in any other way destroy any Valuable shall be punished as if ey had stolen the amount of money equal to the value of the damage caused. The time limit for prosecuting this Crime is six months.
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H. Trespassing is entering or infringing upon the Property of another without eir consent. Every Person so offending shall pay a Fine not exceeding 100 Grams of Gold on the first and subsequent offenses, and may be Punished on the second and subsequent offenses as much as six months per offense. The time limit for prosecuting this Crime is six months.
Anyone who is asked to leave another's Property for any reason, and who refuses to do so, or who resists attempts to physically remove em from the Property, may be prosecuted for trespassing, even if the Property is normally open to all. For example, if a prospective restaurant patron is asked to leave because of eir behavior or style of dress, and refuses to do so, ey may be prosecuted for trespassing, even if the restaurant is open to the public, and even if the restaurant admits others with the same behavior or style of dress, or has admitted that same person in the past.
A Vagrant who begs or otherwise annoys others may be declared to be a trespasser by the Property owner and prosecuted as such.
Breaking into a computer without taking or destroying any data is considered trespassing.
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I. Unlawful Detainer. In the absence of an explicit written lease or rental Contract for a piece of Property, rental payments shall be made monthly, in advance, and shall entitle renter to the use of said Property for the month paid. The Property owner Must notify the renter at least three days before a payment is due if ey intends to reclaim the Property, in which case the renter shall have three days after the expiration of eir paid rental period to vacate the Property or be adjudged guilty of Unlawful Detainer.
Such Unlawful Detainer shall be punished as Larceny of the potential rental value of the Property lost by the owner due to the Property's occupation. Offers of further rent payments by the renter who has been asked to vacate the Property may be refused by the Property owner and will not diminish any penalties faced by the renter for eir actions.
The time limit for prosecuting this Crime is six months from the date such Property is released or returned to its owner. Of course, it may be prosecuted while the Property is still being retained.
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J. Trademarks. Any Person who has first adopted and used a trademark or name, whether within or beyond the limits of Oceania, shall be considered its original owner, which ownership may be transferred in the same manner as personal Property, and shall be entitled to the same protection by suits at law as other personal Property. Foreign trademarks will be recognized by Oceania.
Trademarks are Property only for as long as they are being actively used for some business activity, and exist only in the context of that business activity. Any trademark that falls out of use by its owner may be reclaimed by another. Trademarks that become generic terms of the language (e.g., "Aspirin") are still entitled to legal protection in their original use.
Names of individuals cannot be trademarked, nor can an individual be punished for having a name that is a trademark, but such Persons may not use the trademarked name to compete with its original owner.
Persons guilty of trademark infringement may be Fined up to 500 Grams of Gold. The time limit for prosecuting trademark infringement is six months from the date such infringement is discovered.
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K. Lodging. In the absence of an explicit written Contract with a hotel or lodging house, the following will apply:
Whenever any Person shall leave a hotel or lodging house, indebted to the proprietor or proprietors thereof, and shall remain absent for the period of three months, it shall be lawful for such proprietor or proprietors to sell or cause to be sold, at public auction, any baggage or Property of such Person indebted, or so much thereof as may be necessary to pay such indebtedness, expenses, and charges of sale, which may have been left at such hotel or lodging house by such Person.
All baggage or Property, of whatever description, left at a hotel or lodging house for the period of six months, may be sold at public auction by the proprietor or proprietors thereof, and the proceeds arising from such sale, after deducting the expenses and charges of sale and storage, shall be kept by the proprietor.
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L. Harassment is the repeated irritation of a Person against eir wishes. Initial contact in Person or by mail or other means cannot be considered Harassment, but repeated advances after the Plaintiff has clearly communicated that such are not welcome are considered Harassment.
The Fine for Harassment shall be not less than 10 nor more than 100 Grams of Gold. Punishment shall be not more than 90 days. The time limit for prosecuting Harassment is six months.
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M. Piracy on the high seas is treated as one of two classes.
Class one is piracy not endorsed by particular nations. This class will be treated as Robbery or Murder as is appropriate.
Class two is piracy endorsed by a particular nation. This will be treated as an act of war and will call for military action.
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A. Unlawful Search: Any Person who shall search the person or Property of another, or seize any Property therefrom, without a warrant for such search issued by the Court of Oceania, or the full knowledge and consent of the Person being searched, shall be guilty of an Unlawful Search.
Any Person who shall willfully open or read, or cause to be read, any communication not addressed to emself, without being authorized to do so by one of the parties to such communication or by a warrant duly issued by the Court of Oceania, shall be guilty of an Unlawful Search. Communications with foreign Entities are subject to the same protection.
Unlawful Search may result in Fines not more than 100 Grams of Gold and imprisonment of not less than 30 days nor more than six months. The time limit for prosecuting an Illegal Search is six months.
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B. Publishing Secrets: Anyone knowingly and maliciously publishing information gained in an illegal search shall be Punished with not less than 90 days nor more than one year, and Fined no less than 20 nor more than 200 Grams of Gold. The time limit for prosecuting this Crime is six months.
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C.Professional Confidences such as Attorney-Client, Banker-Client, Clergy/Priest-Confessor or Doctor-Patient relationships Must be explicitly specified in the Contract for such professional work, lest such confidence violate the professional's Right to Knowledge. Penalties for breach of such confidence shall be specified by Contract as well.
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A. Child Molestation is intercourse or the sexually fondling of a Child. Child Molestation is illegal, even if the Child consents or if both participants are Children. Juries may be lenient when both participants in a sex act are Children or the Child is thirteen years or older.
Punishment for Child Molestation is the same as for Rape in the first degree. The time limit for prosecuting Child Molestation is ten years.
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B. Child Pornography is the filming or photographing of Child Molestation. All money made from Child Pornography will be confiscated in addition to any Fines levied for the act itself. This is the solution by these laws to the problem of Child Pornography.
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C. Incest. Parents may not have sex with their natural children or adopted children unless their children are more than 21 years of age and have not been declared mentally deficient by a jury. Penalties for incest are the same as Rape in the first degree. Only the child involved (if ey is a Teen or Adult) has standing to sue, and ey has ten years from the date of the last act of incest to bring suit. Where the child involved is in fact a Child, any Oceanian may bring suit on eir behalf.
Note that the age of 21 is well above the normal age of sixteen for sexual consent. The reason for this is the large influence Parents have over their Children.
With the exception of the previous two paragraphs, persons being within the degrees of consanguinity within which marriages are normally declared to be incestuous and void, who shall intermarry with each other, or who shall commit fornication with each other, have committed no crime.
Marriage contracts which explicitly disallow sexual relations, but grant other spousal Rights such as inheritance or standing to sue, may be drawn between a Parent and child without committing any Crime.
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There are no specific crimes against Teens.
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9. Crimes against Animals and Other Beings
A. Cruelty to Animals: Every Person who shall overdrive, overload, torture, or unmercifully or cruelly beat or mutilate any animal, whether belonging to emself or to any other Person, shall be deemed guilty of a misdemeanor. Ey shall be imprisoned not exceeding six months.
Every person who shall willfully administer any poison to any cattle or domestic animal, or maliciously expose any poisonous substance with the intent that the same shall be taken or swallowed by any cattle or domestic animal, shall be deemed guilty of a misdemeanor. Ey shall be Fined 10 to one hundred Grams of Gold and imprisoned not exceeding six months.
In the case of sex with an animal, no crime shall be considered committed unless the animal was forcibly restrained or was physically injured. If either of these cases occurs than ey shall be imprisoned not exceeding six months.
Every person who shall injure or kill an animal by negligence shall be deemed guilty of a misdemeanor. Ey shall be Fined not more than fifty Grams of Gold and imprisoned not exceeding three months. The time limit for prosecuting this Crime is six months.
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A. False Credit. If any Person, by false representations of eir own wealth or credit history, shall obtain a credit thereby, and thereby fraudulently get into the possession of goods, wares, or merchandise, or other valuable thing, every such offender shall be deemed a swindler if the credit is not paid off as promised. The Penalties will be the same as if the swindler had stolen the Property in question. The time limit for prosecuting this Crime is six months.
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B. False Pretenses. If any Person shall, knowingly and designedly, by any false pretense, obtain from any other Person any piece of personal Property, money, goods, wares, or other valuable thing, with intent to cheat or defraud em of the same, every Person so offending shall be deemed a cheat, and shall pay a Fine not less than twenty Grams of Gold nor more than 200, and be Punished not less than 30 days nor more six months. The time limit for prosecuting this Crime is six months.
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C. Selling Property Twice. Any Person, after once selling, bartering, or disposing of any tract of Land, or executing any bond or agreement for the sale of any Lands, who shall again, knowingly and fraudulently, sell, barter, or dispose of the same tract of Land, to any other Person for a valuable consideration, every such offender shall pay a Fine not exceeding 500 Grams of Gold and be Punished not less than one year or more than five years. The time limit for prosecuting this Crime is six months.
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D. False Weight. If any Person shall knowingly sell any goods, wares, or merchandise, or any valuable thing, by false weight or measure, ey shall be deemed a common cheat, and shall be Punished not less than one year or more than five years. The time limit for prosecuting this Crime is six months.
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E. Fraudulent Conveyance. If any debtor shall fraudulently remove eir Property or effects out of Oceania, or shall fraudulently sell, convey, or assign, or conceal eir Property or effects, with intent to defraud, hinder, or delay eir creditors of their just Rights, claims, or demands, ey shall be punished not exceeding one year. The time limit for prosecuting this Crime is two years.
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F. Removing Marker. Every person who shall willfully or maliciously remove any marker of any time, erected or kept for the purpose of designating the corner, or any other point, in the boundary of any lot or tract of Land shall be punished not less than thirty days and not exceeding one year. The time limit for prosecuting this Crime is six months.
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G. A Libel is a Malicious, untrue, defamatory statement. True statements, and statements presented as opinion or satire, are immune from prosecution as Libel. Actual malice need not be proven if it can be shown that the party making such statements did so with full knowledge that they would like cause harm, and with reckless disregard for their truth.
The Fine for Libel shall not exceed 500 Grams of Gold. Punishment shall not exceed 90 days. The time limit for prosecuting this Crime is six months.
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A. Jail Break. Any Convict who escapes from eir confinement and is recaptured shall serve additional time not less than one year nor more than ten. Convicts who reenter Oceania before their exile is over shall have their time increased by not less than one year nor more than ten and in addition their sentence may be converted from exile to imprisonment.
If any Person shall set at liberty any imprisoned Convict unless funds have run out at the prison in question, such Person shall be Punished the amount of time remaining to be served by the prisoner ey released, not to exceed ten years, and shall Compensate the Plaintiff (who will be the same or one of the same Plaintiffs for whom the released Convict was serving eir time) not less than 100 nor more than 500 Grams of Gold.
If any Person shall convey, or cause to be delivered, to an imprisoned Convict, any disguise, instrument, or arms, proper to facilitate the escape of such prisoner (although no escape, or attempt to escape, is actually made), ey shall be Punished not less than six months nor more than five years and shall by Fined not more than 200 Grams of Gold. The time limit for prosecuting this Crime is six months. If such delivered instrument is used in the performance of another crime, the deliverer may also be tried as an accessory to that crime.
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B. Unauthorized Office. If any Person shall willfully take upon emself to exercise or officiate in any office or place of another, without being lawfully authorized thereto, ey shall be Punished not less than 30 days.
If any Government official presumes an authority ey does not have, tells an Oceanian that ey needs a License for something that is a Right, or otherwise defrauds an Oceanian about the power of eir office, ey shall Compensate such Plaintiff 20 Grams of Gold and be Punished not less than 30 days. The time limit for prosecuting this Crime is six months.
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C. Embracery is an attempt to influence a juror or jurors corruptly to one side, by threats or menaces, or by promises, persuasions, entreaties, money, and the like.
Educating a jury about law or their rights as jurors will not be considered Embracery.
An embracer shall be Punished not less than one year, nor exceeding five years, and shall be Fined not exceeding 500 Grams of Gold. Any juror convicted of taking any money, present, reward, or any other Valuable, or corruptly being influenced, as aforesaid, shall suffer like penalties, and be disqualified to act as a juror for one century. This law applies to grand as well as trial jurors.
The Court of Oceania shall not appoint judges who have been convicted of Embracery or being influenced as a juror. Such Persons may still be hired by private Courts or elected to office. The time limit for prosecuting this Crime is one year.
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D. Treason is a threat to the security of Oceania against external threats or an internal attempt to wage war against the Constitution of Oceania.
Exporting mind altering drugs to nations where they are illegal is considered Treason of the first degree.
Waging war upon the territory and people of Oceania is considered Treason of the second degree. Giving military aid or supplies to its declared enemies, engaging in election Fraud or defrauding of the people by Government agencies is also considered Treason of the second degree. Election Fraud includes voting more than once, voting on behalf of another Person, denying ballot access to legitimate candidates or referendums, bribing or intimidating Voters, accepting ballots not delivered in Person, misrepresenting the content of a ballot, and breach of specific written promises made by candidates to Voters.
Suspending the Right to a Writ of Habeas Corpus, passing a bill of attainder, ex post facto law, pre facto law (law declaring all future actions of a Person or Entity to be legal) or passing a law impairing the obligation of Contracts is considered Treason of the second degree.
Transferring money between Government budgets, authorizing Government borrowing, or traveling into Oceania without permission during war is considered Treason of the second degree.
Creating fake Oceania passports or committing fraud in the registration of airplanes or ships under the flag of Oceania is considered Treason of the third degree.
Persons who are convicted of Treason of the first degree shall be Punished not less than ten years nor more than 100 and shall be Fined not more than 10,000,000 Grams of Gold.
Persons who are convicted of Treason of the second degree shall be Punished not less than ten years nor more than 100 and shall be Fined not more than 100,000 Grams of Gold.
Persons who are convicted of Treason of the third degree shall be Punished not less than five years nor more than 20 and shall be Fined not more than 10,000 Grams of Gold.
All Fines in the case of Treason are to be given to the Department of War Budget. If the Convicted traitor owns a frequency band, the frequency may be collected as an additional Fine (if so ordered by the jury) and sold at auction by the Department of War. The time limit for prosecuting Treason is ten years.
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E. Destroying Public Notices. If any Person shall intentionally deface, obliterate, tear down, or destroy, in whole or in part, any copy or transcript, or extract from or of any law of Oceania, or any proclamation, advertisement, or notification, set up at any public place in Oceania, such Person shall be Fined not less than ten Grams of Gold nor more than 100, and shall be Punished not more than 30 days. This law shall not extend to defacing, tearing down, obliterating, or destroying any law, proclamation, publication, notification, advertisement, or order, after the time for which the same was by law to remain up shall have expired, or to notices posted without sufficient authority. The time limit for prosecuting this Crime is six months.
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F. Disturbing the Peace by public affray or other means shall be defined by the standards of each Housing Development and prosecuted as specified in the laws thereof. Extreme cases may be prosecuted as Harassment.
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G. No Dispersal Upon Command is when two or more persons assemble for the purpose of violating a Housing Development's rules. Prosecution will be according to the Housing Development Contract.
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H. Traffic Laws. Will be developed and enforced by the private owners of roads. If such owners wished to prosecute in the Court of Oceania, the crimes of Murder, Manslaughter, and Reckless Endangerment could be used to prosecute violators of these laws.
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I. Spitting On The Sidewalk and other "public" crimes will be regulated by the owners of the private Property in question.
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The constitutional authority for these laws is Article 2, Section 3.
When there are no specific Punishments listed in a Contract for violating its terms, the Court of Oceania may only order financial compensation in an amount sufficient to render the injured parties whole for their loss, and may not further punish the violator. Of course, evasion of these Debts constitutes a separate offense for which the debtor may me sued and subjected to the standard criminal Punishments for Larceny.
A Court may determine what constitutes free and informed consent for a particular Contract. The signature of a party, when required to a written instrument, shall be equally valid if the party cannot write, provided the Person make eir mark, the name of the Person making the mark being written near it, and the mark being witnessed by a Person who writes eir own name as a witness.
If an Oceanian signs a note stating that ey is going to pay an amount of money then ey is obligated to pay it. If the Debt isn't paid then the penalty is in accordance with the Contract. If no penalty is mentioned, then there will be no penalty.
Notice of non-payment may be directed to the address where the debtor lived at the time ey signed the note, unless the debtor specified a different address in the note.
These laws apply to videotaped Contracts, written Contracts, and those recorded by any other means.
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Marriage is a private Contract among consenting Adults, and the Government will take no part in defining its terms or methods or standards. The Courts will enforce the terms of any Contract entered.
Also, the legal standing of Spouse is defined by a Marriage Contract. Anyone claiming the Rights of a Spouse (e.g., inheritance or Nearest Relative status) Must present a Marriage Contract to the Court.
Bigamy and adultery are not Crimes unless explicitly disallowed by the Marriage Contracts signed by the parties involved. If the Contract(s) do not allow this, then the penalty will be as described in the Contract(s). If a person has broken more than one Contract, then ey will receive the worst of the penalties described in the Contracts involved.
Upon the dissolution of a Marriage Contract, or in the absence thereof, no claims on the Property of a Spouse will be recognized by a Court without a Contract explicitly specifying such transfer of Property. This means that if someone lives with a Person for twelve years without a Marriage Contract, they do NOT have any Spousal rights.
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Following is a list of known Implied Contracts:
A. Advertisements and labels are an Implied Contract between the seller and the customer.
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B. The act of sexual intercourse binds the participants to an Implied Contract to provide care for any Children resulting from that act. When that Contractual obligation is terminated, either by the Child's reaching teenhood or by a reassignment of Parental care by Explicit Contract, the status of being a Child's biological Parent can confer no further obligations to the Child.
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C. Marrying a new partner implicitly transfers Parental responsibility of all Children under eir control from the old partner to the new partner.
Explicit Contracts limiting or absolving the obligations of Implied Contracts, to which all interested parties have consented, are legal. Because a Child is an interested party in the Implied Contract obligating eir care, and cannot consent to its absolution, the Implied Contract of Child care may not be absolved in this way, though it may be transferred.
A jury may determine what Implied Contracts exist in a particular case.
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The constitutional authority for these laws is Article 1, Section 3, Subsection H.
Bankruptcy may be declared once every hundred years, at which time the debtor may keep eir homestead and is required by law to pay two sevenths of eir income for the seven years following the bankruptcy. If ey is caught not paying this money, it will be considered theft of the amount not paid, i.e., a petit larceny or grand larceny depending on the amount of money not paid. Of course, if the Debt is paid off before the seven years are up, no more money needs to be paid. And if any Debt remains after seven years, the remaining Debt will never be paid.
A business may not declare bankruptcy and continue to operate. It must liquidate all its assets at the time of bankruptcy and never operate again.
If any Debts are accumulated when the debtor may no longer declare bankruptcy and these Debts fall into arrears, such Debts will be treated as theft, i.e., petit larceny or grand larceny depending on the amount owed.
Trying to declare bankruptcy a second time within a fiscal century is considered Fraud and is punishable by up to six months of jail time.
In bankruptcy, the homestead, consisting of a quantity of Land, together with the dwelling of no more than one house thereon, and personal Property therein, not exceeding in value 10,000 Grams of Gold, to be selected by the head of the household, shall not be subject to forced sale on execution, or any final process from any Court, for any Debt or liability.
Such exemption shall not extend to any loans that were backed by the value, or part of the value, of the homestead. It also shall not extend to avoidance of payment of Fines for committing felonies.
If the value of the Property is over 10,000 Grams of Gold then the owner may choose to divide it or auction it off. Ey will get to keep the 10,000 Grams of Gold raised at the auction. If the auction raises 10,000 Grams of Gold or less then the auction is declared null and void and the owner gets to keep the Property. In the situation where the Court and the owner cannot agree on the value of the Property, the owner of the Property may either hire three disinterested appraisers to value eir Property or call for an auction to determine the value of the Property.
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4. Protection of the Wages of Labor
In all bankruptcies of employers, the wages of employees shall be paid before any other Debts provided that the amount of money owed shall not exceed 500 Grams of Gold, and the services shall have been rendered within ninety days before the bankruptcy was declared.
In the case of the death of an employer, the same applies with the exception that first the funeral expenses Must be paid. This act shall in no way affect the homestead or other Property exempted by law from forced sale, or any mortgage or lien lawfully obtained on the Property of the deceased Person before eir death.
Such claims Must be filed by the employee in Court within ten days of notice delivered to the employee of the bankruptcy or death of employer. If the claim is not filed on time, the employee will no longer get preferential treatment on eir claim.
If there is not enough money to pay employee claims, all employees will be paid a percentage of money owed them.
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5. The Formation of Corporations
The constitutional authority for these laws is Article 2, Section 3.
The formation of corporations can in no way be construed to be a privilege granted by the Government or by any other outside Entities.
Corporations may be formed according to the provisions of this act, such corporations, and the members thereof, being subject to all the conditions and liabilities herein imposed, and to none others. This includes the formation of banking Corporations for the purpose of issuing or circulating money or currency within Oceania.
Any Person or Persons Must file (th)eir incorporation papers in the office of a private company that stores such records. These papers Must include the principal place of business, the corporate name of the company, the object for which the same shall be formed, the amount of its capital stock, the time of its existence, the number of shares of which the capital stock shall consist, the number of trustees and their names, who shall manage the concerns of the company for the first six months, and the name of the city, town, or locality, and county in which the principal place of business of the company is to be located.
When the certificate shall have been filed, the Persons who shall have signed it and their successors shall have the power to enact corporate bylaws which may not be inconsistent with these laws. From that point on, the bylaws shall dictate internal procedures and dictate power of attorney for external affairs.
Corporations organized under this act are deemed to possess the same rights and powers of any Oceanian to issue bills, notes, or other evidences of Debt, for circulation as money. Corporations possess the same powers of any Oceanian to engage in any act of business. In the case of Fines or imprisonment for Crimes committed in the name of the corporation, the corporation will pay the Fines, and the Person(s) who actually committed the Crime will serve the jail time.
Any Person or Persons who shall act as the agent of any such corporation in conducting or carrying on any business of such corporation, in any of the counties of Oceania, without any such certificate having been filed as required, as provided in this act herein, shall be deemed guilty of a misdemeanor if they have claimed to others that they are registered, and on conviction, shall be Fined not exceeding 1,000 Grams of Gold, to which may be added imprisonment not exceeding six months.
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The constitutional authority for these laws is Article 2, Section 3.
The formation of limited partnerships can in no way be construed to be a privilege granted by the Government or by any other outside Entities.
Limited partnerships within Oceania may be formed by two or more Persons upon the terms and subject to the conditions and liabilities prescribed in this act, and nothing contained in this act shall be construed to forbid such partnerships from the purpose of banking or insurance.
The said partnerships may consist of one or more Persons who shall be called general partners, who shall be jointly and severally responsible as general partners. They are, by these laws, prescribed to enact the bylaws of said limited partnership, thus creating the powers and responsibilities, and the limits thereof, of their limited partners.
The Persons forming such partnerships shall sign a certificate, which shall contain the name under which said partnership is to be conducted, the names and respective places of residence of all the general partners, the general nature of the business to be transacted, and the time when the partnership is to commence and when it is to terminate. This certificate is to be filed with a private record keeping company.
The business of the partnership shall be conducted under a firm in which the names of the general partners only shall be inserted, and the general partners and those they give power of attorney to shall only transact the business.
In case of dissolution or insolvency of the partnership, notice Must be given to the creditors, by certified delivery and public notice. And at the same time they Must give notice to the private company that they filed partnership papers with.
Any Person or Persons who shall act as the agent of any such partnership in conducting or carrying on any business of such corporation, in any of the counties of Oceania, without any such certificate having been filed as required, as provided in this act herein, shall be deemed guilty of a misdemeanor if they have claimed to others that they have registered, and on conviction, shall be Fined not exceeding 1,000 Grams of Gold, to which may be added imprisonment not exceeding six months.
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If one Person pays off eir portion of a joint Debt, this may or may not release em from the remainder of eir Debt with the other joint debtors depending on the terms of the Contract ey has signed with them. If the Contract does not cover this matter, ey will be released from the remainder of the Debt.
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CHAPTER FOUR: Property Disputes
The constitutional authority for these laws is Article 2, Section 3.
When Land, bank accounts, or other Property is unclaimed for five years, it will be auctioned off and the proceeds put into the Department of War Budget. Of course, cash will not need to be auctioned off.
Land ownership in Oceania will originate with the person who created the Land, and shall include the airspace up to one hundred kilometers above the highest point of ground within 500 meters horizontally as well as all matter below the Land to the center of the planet. For the purpose of this clause, "Land" shall be defined as habitable or arable space at a permanently fixed location with respect to the planet's surface, whether such Land is at the surface, below, or above. If this "Land" should move, the owner of this "Land" would not retain Rights to the airspace above the former location of this "Land" or the matter below this "Land".
A Land owner has the Right to use its surface soil, surface, and subsurface water and minerals. A Land owner may separately sell off eir water Rights, mineral Rights, or airspace Rights while still retaining eir other Land Rights.
A parcel bordering an ocean or sizable lake, shall extend to a distance of 1/4 kilometer or less from the edge between water and Land. A parcel bordering a river shall control the water within 75 meters or less from said edge.
In neither case shall the Land owner have a Right to block navigation. A dam or other obstruction may be constructed on the water only if a convenient alternate route is provided. The exception being if an Entity buys travel rights from all Entities bordering the river or lake. All owners of parcels bordering a river or lake are owners of these travel Rights. If the obstruction will reduce or stop water flow, then water Rights as well Must be bought from all Entities bordering the river or lake. All owners of parcels bordering a river or lake are owners of these water Rights. If the obstruction will reduce or stop fish or other useful floating items in the water, then fishing Rights as well Must be bought from all Entities bordering the river or lake. All owners of parcels bordering a river or lake are owners of these fishing Rights.
Travel, water, and fishing rights will be apportioned based on the linear amount of riverbank an owner has on eir Property bordering the river or lake, measured to the nearest meter at a time in between high and low tides.
Control of travel, water, and fishing rights in a river or lake more than 75 meters from its edges will be controlled by a development composed of all the owners of such rights. If such a development does not exist, then travel will be unrestricted, water will not be allowed to be siphoned off in this area, and fishing will be limited to fishing for pleasure.
In situations where a river is less than 150 meters wide, then the owners of properties bordering the river may not obstruct travel beyond half the distance from their border to the center of the river. So if a river was 100 meters wide, each Land owner could only obstruct 25 meters.
A bay will be treated as a lake up to the opening of the bay.
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CHAPTER FIVE: Frequency Rights
The constitutional authority for this law is Article 1, Section 1, Subsection D.
It is a complex process to assign rights to the frequencies that make up the electromagnetic spectrum. When Oceania is first created, all frequencies will be given away by lottery. As additional Land is added to Oceania this process will be repeated when possible. Note that many frequencies such as TV frequencies normally occupy over a hundred kilometers of broadcastable space. So additional Land added to Oceania that does not cause the total to exceed the range of a TV transmitter will not give the Land owner money from the "sale" of eir rights to broadcast TV.
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CHAPTER SIX: Wills and Property of the Deceased
The constitutional authority for the above laws is Article 2, Section 3.
Will is defined as a will or codicil.
All Wills either handwritten or witnessed by two or more people are automatically legal. Anything else must be determined by a jury as to whether or not the Will is valid.
If, after the making of any Will, the testator shall duly make and execute a second Will, the canceling of the second Will shall not revive the first Will. The two exceptions to this are that:
Wills shall be processed in the Court specified by the Will or in the closest Court to the place specified in the Will. If no place is specified then it Will be processed in the closest Court in Oceania to the place of death. Any Person having the custody of any Will, shall, within thirty days after ey shall have knowledge of the death of the deceased, deliver it into the Court which has jurisdiction of the case.
If the executor intends to decline the trust, ey shall file eir renunciation in writing. In the event that the executor declines eir appointment, then it falls upon the backup executor. If there is no backup named, at that time the Court shall be named executor and carry out the duties of an executor. In any event, whomever is appointed as the executor, it Will be eir duty to inventory of all the deceased's belongings and to carry out he provisions and directions in the Will.
The executor Must notify the general public that the Will is being processed. The time in which this shall be carried out shall be no more than thirty days of date of death or thirty days after the executor receives the Will, which ever is later. This shall be done by publication in a Newspaper. Also, any Persons named in the Will shall be notified via certified mail that the Will is being processed.
Every Person who shall neglect to perform any of the duties required in the preceding paragraphs, without reasonable cause, shall be liable to every Person interested in the Will for the damages they may sustain in consequence of such neglect. It is the executor's responsibility to sue parties who have harmed the estate and ey may be sued by others if ey harms the estate.
If the executor is found to not be performing eir duties as prescribed, then ey may be removed by the Court and the back up executor or the Court shall take over as executor. In the event that the court is the executor and believed by the interested parties to be incompetent, then the interested parties may petition the next higher Court to have the Will probated.
Any Person, having an interest in the Will, may present a petition. An interest being defined as any Person who could present a valid copy of a Will with eir name in it or be able to allege that someone has a valid copy of a Will with eir name on it. If a Person has possession of a Will, and neglects or refuses to produce it in obedience to an order, decided on by the court hearing the Will, ey may, by warrant from the Court, be committed to jail, and be kept in close confinement for up to five years.
If the Will is contested, the Court shall direct subpoenas to the witnesses of the Will to establish the validity of it. The witnesses shall testify as to whether the deceased was of sound mind at the time the Will was signed and whether or not ey signed it. If no one contests the Will, only one witness is needed to initiate its probate.
Any Person interested (interested being defined as above), may appear and contest the Will. If it appears that there are Children then their guardian shall see to their representation. If a child has no relatives willing to be eir guardian and no relatives willing to appoint eir guardian, then a Court should be charged with the goal of finding a guardian for em.
In addition to the witnesses of the signing of the Will, the Court may admit the testimony of other witnesses to prove the sanity of the deceased, and the execution of the Will; and, as evidence of the execution, it may admit proof of the handwriting of the deceased.
The executor or administrator may apply to the Court for an order to sell the perishable Property of the estate, and any other Property as may be necessary to be sold. If there be a delay in obtaining such order, such Property may be sold without an order of sale; provided that the executor shall be held responsible for such Property, unless, the Court decides that the executor acted in good faith in the best interests of the estate. If claims against the estate have been allowed, and a sale of Property shall be necessary for their payment, or of the expenses of the administration, the executor may also apply for an order to sell so much of the personal Property as shall be necessary. Ey may make a similar application, from time to time, as long as the sale thereof is again necessary.
No executor or administrator shall be accountable for any Debts due to the deceased, if it shall appear that they remain uncollected without eir fault.
The executor shall be allowed all necessary expenses in the care, management, and settlement of the estate, and for eir services such fees as the law provides; but when the deceased shall, by eir Will, make some other provision for the compensation of eir executors, that shall be deemed a full compensation for the executor's services, unless ey shall, by a written instrument, filed in the Court, renounce all claim for compensation provided by the Will.
The Debts of the estate shall be paid in the following order: Funeral expenses; The expenses of the last sickness; Judgments rendered against the deceased in eir lifetime, and mortgages in the order of their date; All other demands against the estate.
The preference given in the preceding paragraph to a mortgage shall only extend to the proceeds of the Property mortgaged. If the proceeds of such Property be insufficient to pay the mortgage, the part remaining unsatisfied shall be classed with other demands against the estate.
If any Person shall die and leave no heirs to inherit eir estate, then the Person able to convince a jury that the Person would have wished that they have received the money, shall get the money. If no Person is able to convince a jury within a year, then the Department of War will auction off such Property and keep the proceeds.
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CHAPTER SEVEN: Regulation of Government Agencies
The few Government agencies allowed by the Constitution of Oceania are subject to regulation by the people as stated in the constitution Article 2, Section 3. Each department has an elected director who may run the agency and its budget as ey sees fit, provided that ey abides by these regulations.
It shall be unlawful for any Government agency, or any Government officer, to authorize, allow, or contract for any expenditure unless the money for the payment thereof is in the treasury and specially set aside for such payment. Any Government officer or officers violating this law shall be convicted of Treason of the second degree and penalized accordingly.
In case of great necessity or emergency, any Government agency by unanimous vote, by resolution reciting the character and nature of such necessity or emergency, may NOT authorize a temporary loan for the purpose of meeting such necessity or emergency.
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1. The Office of the President
A. The President will be elected every four years on the tenth of June. Ey has the responsibility and authority to run eir office and budget as ey sees fit consistent with the laws here and in the Constitution.
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B. The Vice President will be elected every four years on the tenth of June. Ey has the responsibility to replace the President if the President is no longer able to carry out eir duties.
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A. The Commander in Chief will be elected every four years on the tenth of June. Ey has the responsibility and authority to run the Department of War and its budget as ey sees fit consistent with the laws here and in the Constitution.
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B. The Air and Space Force Commander is elected on the tenth of June, the year following the election of the Commander-in--Chief. Ey has the responsibility and authority to run the Air and Space Force and its budget as ey sees fit consistent with the laws here and in the Constitution.
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C. The Army Commander is elected on the tenth of June, the year following the election of the Air and Space Force Commander. Ey has the responsibility and authority to run the Army and its budget as ey sees fit consistent with the laws here and in the Constitution.
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D. The Navy Commander is elected on the tenth of June, the year following the election of the Army Commander. Ey has the responsibility and authority to run the Navy and its budget as ey sees fit consistent with the laws here and in the Constitution.
Initially, the Commander in Chief, the Air and Space Force Commander, the Army Commander, and the Navy Commander will be elected in the same year and will serve terms of 1 year, two years, three years, and four years respectively.
Military discipline is absolutely necessary, but under normal, non combat conditions it is only necessary to remind military personnel that noncompliance shall result in dismissal and loss of pay and benefits. During national crisis, a soldier or officer may no less abandon the military than a civilian ship captain may abandon passengers during a possible shipwreck. The Contract between military personnel and the militias they serve shall include provisions to cover such events adequately.
To reduce the chance of unfairness, it is highly recommended that the private Courts that these militias Contract with allow appeal to the Court of Oceania.
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A. The Chief Director of the Anti-Law Department will be elected every four years on the tenth of June. Ey has the responsibility and authority to run the Anti-Law Department as ey sees fit consistent with the laws here and in the Constitution.
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A. The Chief Director of the Court of Oceania will be elected every four years on the tenth of June. Ey has the responsibility and authority to run the Court as ey sees fit consistent with the laws here and in the Constitution. This includes the responsibility of appointing judges to the levels of the Court of Oceania.
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B. The Court of Oceania may not follow admiralty law or any other system of laws that violates the Constitution of Oceania.
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C. Levels of Court. There are three levels of court: The Supreme Court, County Courts, and Local Courts. Each Court will have one Judge and at least twelve jurors. Each Court will have the responsibility to determine if a law is constitutional. All cases Must begin in the Local Court, from where they may be appealed to the County Court, and then to the Supreme Court.
Cases that are tried in private Courts and are then appealed begin at the Local Court level in the Court of Oceania. Private Courts do not have to allow appeal.
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D. Local Grand Juries. An Oceanian is Entitled to immediately ask for a standing Grand Jury to decide whether ey has had eir rights violated by the Government or others. There Must be a Grand Jury within two hours travel time 24 hours a day. Grand Jury proceedings are to be secret.
The Grand Jury Must inquire into the case of every person imprisoned in the jail of a County, and not indicted; into the condition and management of all prisons hired by the County; and into the willful and corrupt misconduct in office of public officers of every description within the County.
The Grand Jury shall be entitled to free access, at all reasonable times, to all prisons under its jurisdiction, and to the examination without charge, of all public records within its County.
An Indictment cannot be found without the concurrence of at least twelve grand jurors. When so found it shall be endorsed: "A true bill", and the endorsement shall be signed by the foreman of the grand jury.
If twelve grand jurors do not concur in finding an indictment against a Defendant who has been held to answer, the deposition and statement, if any, transmitted to them shall be returned to the Court with the indorsement signed by the foreman to the effect that the charge is dismissed. Only Grand Juries may issue warrants for arrest and warrants for searches of Property.
An Indictment Must contain the title of the action, specifying the name of the Court to which the Indictment is presented and the names of the parties, and a statement of the acts constituting the offense, in ordinary and concise language and in such manner as to enable a person of common understanding to know what is intended.
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E. Trial Juries are selected at random from a list of jury volunteers. Prospective jurors volunteer their services by giving the Court their names, contact information, a list of fields in which they have expertise, and the salary for which they are willing to work. The Court may not require any personal or other information from prospective jurors, though it may decline to call for duty those that cannot be reached with the contact information given,
It is a Felony to bribe, threaten, or intimidate a juror in an attempt to alter the outcome of a trial. Educating em about law or eir Rights as a juror will not be considered bribing, threatening, or intimidating the juror.
It is illegal to selectively withhold evidence and testimony from the jury. Evidence that was illegally obtained IS considered evidence although the party who uncovered the evidence will be convicted of an Unlawful Search as described in the Crimes Against Privacy.
Juries shall not only decide whether or not the Defendant is guilty, but they shall decide eir punishment within the limits prescribed by law.
All actions done by a Court are voted upon by the jury. This includes deciding the maximum amount of money from the budget of the Court of Oceania that will be spent on a trial. The judge is just an administrator and referee to uphold court procedure, not the one who decides the outcome of a trial. Decisions made by the jury during trial will require majority vote, except the judgment itself, which Must be unanimous. Ties in voting will cause decisions to fail.
Unanimity is necessary for judgment. Cases that end in two consecutive hung juries will be considered acquittals.
To be proven guilty takes a unanimous decision by a jury that the Defendant is guilty beyond a reasonable doubt. And when an offense is proven against the Defendant and there exists a reasonable doubt as to which of the two or more degrees ey is guilty, ey shall be convicted only of the lowest.
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F. Witnesses. The Party injured shall in all cases be a competent witness. The credibility of all such witnesses shall be left to the jury, as in other cases. In all cases where two or more Persons are jointly or otherwise concerned in the commission of any Crime, either may be sworn as a witness against another, in relation to such Crime, but the testimony given by such witness shall in no instance be used against emself in any criminal prosecution.
The solemn oath of witnesses shall be deemed sufficient. A false or corrupt oath shall subject the witness to all the penalties of willful and corrupt perjury.
No Person shall be compelled to be a witness against eirself, nor shall a Person charged with a Crime be subjected, before conviction, to any more restraint than is necessary for eir detention to answer the charge.
Nothing herein contained shall be construed as compelling any such Person to testify; and in all cases wherein the Defendant declines to testify, the judge shall specially instruct the jury that no inference of guilt is to be drawn against em for that cause.
It is a Felony to bribe, threaten, or intimidate a witness, in an attempt to alter the outcome of a trial. Punishment will be the same as for the Crime Embracery in the Miscellaneous Crimes section.
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G. Records of all decisions Must be stored by the Courts who made them and be available at cost to all who ask for them. Records may be deleted one century after the last action made in the Court on the matter in question. Clerical or other errors found in these records may be appended to these records as corrections, but the original records may not be altered. To alter them would be considered Treason of the third degree.
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H. Attorneys. Anyone can declare emself an attorney. Of course, private groups could certify or blackball attorneys whom they think are capable or not capable of doing the job.
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I. Arrest. A private Person may arrest another:
If the Person to be arrested has committed a Felony, and the arrestor, after notice of eir intention to make the arrest, is refused admittance; ey may break open any outer or inner door or window of a dwelling for the purpose of making the arrest.
The use of force to resist an arrest or search is justified:
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J. The amount of Bail shall be set by the jury. Excessive b