Civil Disputes Resolutions Act

Civil Disputes Resolutions Act
An Act to serve as an authorising instrument to the High and Provincial Courts of Stormwind for the handling of civil disputes in a manner equitable and in accordance with the constitution and tradition of the Kingdom.

AUTHOR: Lord Baldassar Partiger, Viscount of Blackblood’s Folly

SPONSORS: Evelynn Greene, Duchess of Storm’s Reach;

BE IT ENACTED by the King’s most Excellent Majesty, by and with the advice and consent of the Lords Temporal, Spiritual and Foreign, in this present Parliament assembled, and by the authority of the same, as follows:—

1 On the resolution of matters of defamation
 * 1) “Defamation” constitutes statements, either overt or implicatory, written or verbal, which are untruthful, and cause material loss in the plaintiff’s trade or profession, or would cause a reasonable person to think less of him/her.
 * 2) Fair comment will be considered a valid defence to an accusation of defamation. “Fair comment” constitutes a statement of opinion which is free of malice, even if the defendant dislikes the plaintiff. This defence is intended for the protection of legitimate criticism of public and political figures.
 * 3) Privilege will be considered a valid defence to an accusation of defamation. “Privilege” constitutes the right of a voting member of the House of Nobles or someone under oath in a court or before an inquiry to make statements, and the right of the press to report those statements. This does not invalidate the culpability for someone under oath to commit perjury.
 * 4) Sheer vulgarity will be considered a valid defence to an accusation of defamation. “Sheer vulgarity” constitutes a statement which is merely obscene and insulting, and lacking in substance.
 * 5) The role of the proceeding is to determine if the statements made were defamatory, and if so, to recover damages from the defendant to compensate the plaintiff, and to recover costs for the Court.

2 On the resolution of matters of breach of contract
 * 1) “Breach of contract” constitutes a violation of the terms of a legal contract between two or more persons.
 * 2) A “legal contract” will be defined by this Act as being a written agreement conducted between at least two parties and signed in the presence of a solicitor, who signs also to confirm their presence.
 * 3) The terms of a legal contract cannot compel the parties to the contract to conduct any activity not legal under the constitutional and statutory laws of Stormwind, or conduct any activity that would not be reasonably possible for the defendants to have conducted.
 * 4) The role of the proceeding is to determine if the terms of the contract were violated; if so, whether the terms violated were legal and reasonable; and if so, to recover damages from the defendant to compensate the plaintiff, and to recover costs for the Court.

3 On the resolution of matters of compensation for damages
 * 1) “Compensation for damages”, often referred to merely as “damages”, constitutes monies compelled from the defendant in order to cover costs for repairs or medical care for the plaintiff, or to redress distress on the part of the plaintiff, or merely for punitive purposes.
 * 2) The role of the proceeding is to determine if the defendant is at fault for the incident for which damages are being requested, whether the request for damages is reasonable, and if so, to recover damages from the defendant to compensate the plaintiff, and to recover costs for the Court.

4 On the resolution of matters of hostile divorce
 * 1) “Hostile divorce” constitutes a case where one married partner seeks to dissolve their union with the other, without the common agreement of both partners as to the breakdown of the marriage.
 * 2) “Adultery” will be a valid justification for the dissolution of a marriage by the Court, if the plaintiff partner can prove beyond reasonable doubt that the defendant partner conducted sexual relations with a third party during their marriage.
 * 3) “Unreasonable behaviour” will be a valid justification for the dissolution of a marriage by the Court, if the plaintiff partner can prove beyond reasonable doubt that the defendant partner has behaved in a manner wherein the plaintiff partner can no longer be reasonably expected to live with the defendant partner (e.g. excessive drunkenness, or a failure to provide economically for the family).
 * 4) The Court may not retroactively rescind a completed amicable petition for divorce. An amicable petition for divorce constitutes a common agreement of both partners as to the breakdown of the marriage.
 * 5) The role of the proceeding is to determine if the plaintiff’s justifications for their petition of divorce are valid, and if so, whether to grant the divorce. If children are involved, the resolution of parental custody will be conducted according to Section 5 of this Act. The Court will be authorised to make grants of alimony maintenance if the plaintiff partner should still reasonably require the economic support of the defendant partner following their divorce.

5 On the resolution of matters of parental custody
 * 1) “Parental custody” constitutes the arrangements under which the parents of a child bear responsibility for and have access to their children. Parents in a functioning, unseparated marriage will have joint custody irrespective.
 * 2) The role of the proceeding is to determine what living arrangements would be in the best welfare of the child or children concerned. The Court will be authorised to rule on which parent, if the marriage is separated, dysfunctional or dissolved, may have primary custody over the child/children, whether the other parent may have rights to have temporary custody or visitation rights to the child/children, and whether the other parent may be compelled to pay for the maintenance of the child/children whilst under the care of the primary custodian parent.

6 On rules of discovery in civil proceedings
 * 1) Rules of discovery equivalent to those in criminal proceedings will be applicable to civil proceedings.

7 On the arbitration of out of court settlements
 * 1) At any time before or during a civil proceeding, an issue can be resolved by an out of court settlement.
 * 2) An out of court settlement can either be agreed amicably between parties, or otherwise can be negotiated via the formal process of arbitration. Arbitration may be required by a contract, but does not negate the right for the filing of a civil complaint should one or both parties be dissatisfied with the arbitrated agreement.
 * 3) Arbitration requires a third party to act in a manner similar to the Justice, in the assessment of the case and of the grievances of the parties involved, and to establish a fair basis for an out of court settlement.
 * 4) If both parties agree to the out of court settlement, and sign it in the presence of a solicitor (civil attorney), then they can no longer file a civil complaint on the matter concerned.

8 Short title and commencement
 * 1) The short title of this act will be the “Civil Disputes Resolutions Act”.
 * 2) The provisions of this act will come into force immediately.