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 Trials and Duels

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Posts : 488
Join date : 2008-12-23
Age : 34
Location : In a forest, behind a building.

PostSubject: Trials and Duels   Tue Dec 23, 2008 9:20 pm

The Law of Cilantia

Trial By Combat: "By the belief that God's goodness will not let the innocent die."

Cilantia still believes in the concept of trial by combat. Trials by combat fall into very specific parameters, but are still common enough that the business of being a professional champion is a very lucrative one. Trials are done for criminal offenses only.

-The crimes in which a trial by combat is initiated must be of a certain severity: murder, kidnapping, grand theft, assault and battery, rape, etc.

-Trial by combat can only be initiated if there is insufficient evidence for a judgment to be made by the magistrate on the matter.

-During a trial by combat, the parties involved, including the government, must engage in combat. Parties may assign their own champion who will represent them in the battle, they can be either hired (a very common practice) or simply another individual who wishes to partake in the battle on their behalf. Champions must be assigned to the infirm or elderly, the government will pay for one if the individual is also impoverished.

-All parties involved battle in their trial simultaneously, meaning a battle of three, four, five, etc. is not uncommon. Trials are always battled with similar weaponry: guns, swords, guns and swords, spears, axes, bare fists, etc.

-All trials must be witnessed by an official magistrate and at least one impartial witness. Each combatant is allowed another combatant, or a "second" to be within range of the combative circle. The job of the second is to defend the champion of some sort of illegal maneuver is performed: if the opponent's second decides to attack, or if a bystander tries to interrupt. The second then has legal authority to act within any means needed to ensure the safety of the champion: any action taken that is deemed beyond that scope is punishable by fine.

-While the ancient forms of trial by combat were battles to the death, terms for victory is determined by combatants. This can include to first blood, to incapacitation, to loss of weapon, to first to surrender; any condition that can be thought of and agreed upon. The magistrate has the authority to alter the terms for victory, but it is very rarely done.

-All verdicts determined by trials of combat are permanent and binding.


Duels: To preserve honor among men.

A duel is the civil equivalent to a trial: one individual challenges another for some manner of legal remedy, whether just or unjust. An opponent has the legal right to refuse or accept any duel. All duels must have sufficient consideration for both parties: in other words, there must be a clear gain for either party to win or lose. For example, if one man wanted the ox of another, he could challenge him to a duel for it. The second man can accept that duel, but the results are only legally binding if the first man offered a reward for his defeat: say, a piece of land. Considerations do not have to be equal in value, and in fact many a young, arrogant man, has accepted a duel with their only personal consideration being "honor."

Duels are perfectly legal, though are frowned upon by many in society as a method for the rich to bully the weak and gain more power for themselves. This is in part because champions may also be used for duels, and the stronger and more skilled champions can be hired by those with more money in which to pay them.

-Rules for a duel are mostly the same as a trial. The notable difference is the lack of a magistrate: instead, two independent, uninvolved witnesses must be in attendance. They will sign a document attesting to the outcome of the duel, which will then be filed within the local government offices. Once that paper is filed, the terms of the duel can then be enforced by the military.
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