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HIGH COURT OF THE SOUTH PACIFIC
STANDARDS FOR OPINIONS, VERDICTS, AND SENTENCES
EFFECTIVE 30 JUNE 2020
Does the Opinion, Verdict or Sentence follow the required structure?
Opinions, Verdicts and, Sentences should include a top section with the key dates of the case, a list of the presiding and secondary Justice, a description of the decision being made, and a closing statement in the form of "It is so ordered". Opinions and Verdicts should also include a summary section and a description of the arguments that support the decision that was made.
Key dates are the date of submission, the date of justiciability or probable cause, the date or opinion or verdict and the date of sentencing. Key dates that have not yet occurred do not need to be included.
Does the Opinion or Verdict answer the question that was put before the Court?
Opinions and Verdicts must answer in a direct manner the question that was initially asked. If the question is on the constitutionality of a law, the Opinion must clearly answer whether the law is constitutional. If the question is whether someone committed a crime, the Verdict must clearly determine guilt.
Does the Opinion or Verdict provide arguments that explain the reasoning for the answer that was given?
Opinions and Verdicts should not merely answer the question, they should also explain in detail the laws, precedents, evidence and other arguments that led the Court to conclude that its answer is the right one. The arguments should lead a reasonably informed reader to conclude that the Opinion or Verdict was carefully considered and based on a reasonable interpretation of the law and the facts as presented.
Are the arguments based upon a reasonable review and interpretation of the facts of the case and of sources of law?
The arguments contained in an Opinion or Verdict should be based on a reasonable, informed and non-contradictory interpretation of the facts that are relevant to the case and to the various sources of law that are available to a Justice. Arguments should not be based on an interpretation of how something should be or on a desire to help the petitioner or a third party, or on other subjective criteria that would impugn the objectivity of the Court.
Sources of law typically are the Charter, constitutional and general laws, executive orders, Local Council laws, lower ordinances and written regulations, Court opinions, verdicts, sentences and in-chambers opinions, and custom.
Does the Sentence consider the context of the case, including aggravating and mitigating factors that have been brought to the attention of the Court?
Sentences should be the culmination of a reasonable consideration of the context of the case, including aggravating and mitigating factors that may have been brought to the attention of the Court during the whole process. Sentences should briefly explain within them the factors that led the Court to determine that the penalty being given is appropriate and proportional to the crime that was committed and the circumstances in which it was committed.
Has the Opinion, Verdict or Sentence been signed by the assigned secondary Justice?
Opinions, Verdicts, and Sentences must be signed by the secondary Justice on the relevant discussion thread and may not be published without such a signature. If the secondary Justice agrees with the decision but not with part or the whole of the arguments that support it, they may write a concurring opinion to be added as a section of the Opinion or Verdict.
In the event that a concurring opinion is written, the decision (i.e. outcome) should be presented as the sole authoritative section of the ruling and the opinions of the presiding and secondary Justices should be included as informative sections only (and marked as such). There are no concurring opinions for Sentences.
Does the Opinion, Verdict, or Sentence contain any spelling or grammatical errors?
Opinions, Verdicts, and Sentences should be proofread for spelling and grammatical errors at least twice after they have been signed: once by the presiding Justice and another time by the secondary Justice. If necessary, a non-presiding Justice may be invited to proofread, solely with the goal of ensuring that no spelling or grammatical errors are undetected.
Effective 30 June 2020 |
(This post was last modified: 01-20-2022, 02:53 PM by Kris Kringle.
Edit Reason: [Chief Justice Edit] Updated the formatting.
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