Article 3 - Judicial Branch

Section 1. The Judicial Power of Cyberia shall be vested in a Supreme Court, Federal District Courts for each Judicial District of Cyberia, and any other inferior courts which the National Assembly shall create.

Section 2. The Supreme Court shall consist of a Chief Justice to be appointed by the President and one Associate Justice to be appointed in the same manner from each Judicial District of Cyberia. Said Associate Justices shall also function as the Federal District Judge for the District from which they were appointed. All Federal Judges shall hold lifetime tenure.

Section 3. The Supreme Court and Federal District Courts shall promulgate their own rules, subject to approval by the National Assembly.

Section 4. The number and geographical boundaries of the Federal Judicial Districts shall be defined by the Assembly.

Section 5. The Supreme Court shall have original jurisdiction over cases and controversies involving ambassadors or foreign governments, cases in which both parties are Provinces, and cases involving high treason against the Commonwealth.
The Supreme Court shall have appellate jurisdiction over all decisions rendered by the Federal District Courts or other Federal Courts, and over any portions of decisions of Provincial Courts which interpret the Constitution of Cyberia. The Supreme Court shall be the highest authority regarding the interpretation of the Constitution and shall have the power to set aside any federal, provincial, or local legislation which it finds to be in contravention of the Constitution.
The Supreme Court shall publish its written decisions in an on-line "Cyberian Reporter," which shall be the official source to cite decisions of the Supreme Court. Such citations shall take the following form: "1997 Cyb. 1,1" with the first number referring to the year the decision was issues, the word "Cyb." indicating the Cyberian Reporter, the second number (before the comma) referring to the number of the case in the year cited and the third number (after the comma) referring to the paragraph number within the decision.

Section 6. The Federal District Courts shall have original jurisdiction over cases and controversies involving questions of federal law and in civil cases where the parties are residents of different Provinces or of any foreign jurisdiction and the monetary amount in controversy exceed $50,000, and cases and controversies involving the issuance of the Writ of Habeus Corpus.
The Federal District Courts shall have appellate jurisdiction over cases and controversies originating in Territorial Courts, and cases and controversies originating in Provincial Courts involving questions of federal law.
The Federal District Courts shall publish their written decisions in an on-line "Federal Reporter," which shall be the official source to cite decisions of the Federal District Courts. Such citations shall be in the following form: 1997 F. 1,1 (D.C. 1) where the first, second, and third numbers have the same meanings described in Article III, Section 5, the F stands for Federal Reporter and (D.C. 1) refers to the Federal District Court that made the decision.

Section 7. The Commonwealth of Cyberia is a common law nation and all common law doctrines and precedents from Great Britain, the United States, and Australia shall have full force of law and precedent in all Courts in Cyberia unless specifically abrogated by statute or court decisions.
All decisions of the United States Supreme Court relating to those portions of the United States Constitution incorporated by reference into the Cyberian Constitution shall have full force of law and precedent in all Courts in Cyberia unless specifically abrogated by statute or Supreme Court decision.

Section 8. The several Provinces shall create Provincial Courts in accordance with the applicable Provincial Constitution to exercise jurisdiction over cases and controversies involving Provincial laws. The President shall appoint Territorial Courts to exercise jurisdiction over cases and controversies involving Territorial laws and Provincial Courts for Provinces without an organized provincial government.

Section 9. The judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the Cyberia, and treaties made, or which shall be made, under their authority;--to all cases affecting ambassadors, other public ministers and consuls;--to all cases of admiralty and maritime jurisdiction;--to controversies to which the Cyberia shall be a party;--to controversies between two or more states;--between a state and citizens of another state;--between citizens of different states;--between citizens of the same state claiming lands under grants of different states, and between a state, or the citizens thereof, and foreign states, citizens or subjects.
In all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be party, the Supreme Court shall have original jurisdiction. In all the other cases before mentioned, the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations as the National Assembly shall make.
The trial of all crimes, except in cases of impeachment, shall be by jury; and such trial shall be held in the state where the said crimes shall have been committed; but when not committed within any state, the trial shall be at such place or places as the National Assembly may by law have directed.

Section 10. Treason against Cyberia, shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court.
The National Assembly shall have power to declare the punishment of treason, but no attainder of treason shall work corruption of blood, or forfeiture except during the life of the person attainted.

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