Term 5 Judiciary

[Black_Hole]

From the office of The Judge Advocate

The offical investigation thread is now open to all citizens. Feel free to post.
The Investigation Thread

 

[MOTH]

I have a couple of requests here. Feel free to break these up.

First a question for Judicial Review:
As a citizen may I post in the TCIT?

Note: Any such post would not be "instructions", and the DP would not be required to take direction from my post. It may be that I am posting some evidence of the WOTP regarding any action that the DP can freely take (such as suggested build queues for a province with no Governor). It may even be "free speech" stating that I disagree with a leaders posted instructions.

Points of Law:
Article A states I have a right to free speech and free movement.

Article D states the DP takes direction from leaders and other elected and appointed officials.

Article N states I have the right to any action that is not forbidden.

My Legal argument: Yes, I may post anything that's not spam or against forum rules. Article A allows for my free speech and there is no article or law (that I could find) that forbids me from posting in the TCIT, so article N allows me to post there.


Second, I would like to formally request that the court reconsider the merit of CC#2.

My legal arguments:
1. A previous court ruled that the OCN could only make posts that were not binding. Thus Epi could not have broken a law since there was no legal bind.
2. As far as I could find, there has been no formal determination of the WOTP regarding the naming of cities. It seems as if the naming is a Demogame Tradition and the WOTP is not involved. As such Epi could not have violated the WOTP (as there is none).
3. The various DPs have not consistently followed the OCN's suggestions. There has been at least one misspelling by the DP and they have failed to rename cities when captured. If there is merit to accuse Epi of a CC then there would also be merit to accuse the DPs of failing to rename cities correctly.

 

[ravensfire]

While I am tempted to rule on this JR quickly, I will not.

Citizens, please, comment on both of the JR's requested above. Most especially, the second. Quite obviously, I dislike the CC filed, and would love to see the Court reconsider it's acceptance on this matter. Perhaps a large number of citizens commenting on this matter may help.

-- Ravensfire, Public Defender

 

[Black_Hole]

From the Office of the Judge Advocate

On the request of a citizen I will be relooking over the CC's merit.
However since the JR hasn't been filed, I will still give a bit of opinion. Technically citizens have the right to post in the TCIT since it is not forbidden by the constitution. However the mods will most likely delete the posts anyway...
Later I will look deeper into this and the CC's merit, don't kill me yet.

 

[Black_Hole]

Review of CC#2's Merit

Lets present the facts:
1. Epimethius switched 2 city names around
2. He was appointed by Nolodon to run the city naming office
3. He has actually already resigned
4. This was approximately 2 monthes ago

Now article N says that anything not forbidden in the constitution is legal, this means that epimethius could have indeed posted in the TCIT, but the DP didnt have to follow it. Well thats a flaw if you ask me...
Article N could also mean all citizens have the right to name a city, however as someone pointed out this would mean their constitutional right was broken if they didnt get to name a city(they were near the end of the list).

So seeing this now article N talks about rights of the ordinary citizens, I believe rights are things that the demogame is based on. The demogame isnt based on things like naming cities, but on things like running countries. So now as I see it getting to name a city is a privilige, not a right... thus Epimethius hurt no ones rights, but hurt their privilges, nothing wrong there I guess...

Next as he was having an office that advised but not instructed, what stops people from making their own office and posting in the TCIT. As pointed out above you should be able to post in the TCIT as long as it doesnt break forum rules.

Even though epimethius has done something wrong, he has not hurt anyones rights, or broken anything in the constitution or code of laws.

Because of the citizens(and this country is run by citizens, so citizens should have some voice in the courts)

I find this CC has no merit after reevaluation.

And I would like to thank the other justices putting up with me prosecuting this CC. So even if i didnt believe in this CC, I was tasked with the responsibility to prosecute at all costs. I hope I didn't hurt anyones feelings.

 

[Epimethius]

I didn't hurt anyone's rights or priveleges. They both got their city names. They were just accidentally swiched.

 

[mhcarver]

MOTH has requested a Judicial review over wether or not a citizen can post in the TCIT. I find that this request has no merit


Reason for dismissal

I would like to reference this case. In it the question of wether or not a citizen can post instructions in the turnchat instruction thread. The court ruled that the instructions were not legally binding. By ruling Epi's instructions were not legally binding one can take assumption Epi was allowed to post.

 

[mhcarver]

Review of CC2's merit

Though no procedure exists currently for the dismissal of a CC during trial I am willing to bend the rules this once.

In brief, I find that this CC has no Merit after Re-evaluation
Since the Judge Advocate gave a strong explanation that I agree with my reasoning will be brief. Yes Epi did get the city names wrong that is a given. But the fact that this occured two months ago must be considered. No citizens rights were harmed, no complaints have been filed by those whose names were switched, and the violations were technical. This along with Epithemus resignation and overwhelming citizen support are my reasons for dismissing this upon re-evaluation


-Note: Judicial procedures require 3 out of 3 justices to agree on a no merit ruling for a CC so even though I think he will agree with me and the JA I would like to here from the Public Defender before I officialy declare this case dismissed

-Mhcarver
Office of the Chief Justice

 

[ravensfire]

For the same reasons detailed in this post, I find that this CC has No Merit.

I thank my fellow Justices for their willingness to reconsider their earlier opinions. Thanks guys!

-- Ravensfire, Public Defender

 

[ravensfire]

Chief Justice mhcarver,

In addition to his request for us to reconsider the CC, MOTH requested a JR on the validity of citizen's posting in the TCIT. Has this been docketed?

-- Ravensfire

 

[mhcarver]

Chief Justice mhcarver,

In addition to his request for us to reconsider the CC, MOTH requested a JR on the validity of citizen's posting in the TCIT. Has this been docketed?

-- Ravensfire

I dismissed it citing a previous case as establishing precedent it is right above the ruling on dismissing the CC but to be thorough it is here. If you and the public defender disagree then Judicial code says that the two of you can override me should that be your wish

 

[ravensfire]

I dismissed it citing a previous case as establishing precedent it is right above the ruling on dismissing the CC but to be thorough it is here. If you and the public defender disagree then Judicial code says that the two of you can override me should that be your wish

That's right - just missed it for some reason. No complaints here, just wanted to make sure we didn't miss anything. Too much Vicodin, I guess.

-- Ravensfire

 

[mhcarver]

Bigmeat, Governor of the Itakaji province has not posted any instructions this term or even created a thread. Though their has only been one turnchat this term and it takes two consecutive chats without an official posting instructions for before an office can be be declared vacant I am making this announcement in advance since I may be busy the next two days. Therefore with the powers invested in me by the people of Japanatica I declare that the Office of Governor of the Itakaji province is to be considered Vacant unless bigmeat has posted instructions before the start of tommorows scheduled TC. As their have been prior attempt to contact bigmeat by MOTH I feel no need to attempt to do so myself
-Mhcarver
Office of the Chief Justice
Edit:Bigmeat has not posted instructions therefore the above ruling is final, the president may now appoint a successor

 

[classical_hero]

I would like to have a JR on this issue.

Who has the authority over gifts? It is Trade or Foreign Affairs?

 

[Octavian X]

Does it matter? If the people deem it should be done, let it be so. In the end, as long as someone posts the instruction and backs it up with the Will of the People, it's fine in my book.

Then again, that's the crazy revolutionary inside me talking...

 

[Ashburnham]

I would like to have a JR on this issue.

Who has the authority over gifts? It is Trade or Foreign Affairs?

Well, considering gifts are simply trades where the other person gives nothing, I would imagine it would be under Trade.

 

[mhcarver]

Classical hero has requested a JR on who has power over giving gifts, foreign affairs or trade? I find this request has merit and it to be added to the docket .

 

[mhcarver]

well this post should be ignored,,,, for now

 

[MOTH]

Edit: looks like this post can also be ignored for now.

Friend of the court brief in regards to mhcarver's request for a judicial review. The constitution states that the WOTP is determined via discussion and polling. It does not state that polling is required if the the discussion indicates the wotp. It also does not indicate when polling must take place.

My opinion on the direct questions:

1. Not necessarily. The whole of the situation needs to be looked at. It is possible that the minister has determined the WoTP strictly via discussion or it may have been determined via earlier discussion and polling on general doctrines or policies that provide a mandate.

2a. Yes, all instructions posted by a legal representive for a postion are valid and should be followed by the DP (unless overridden in the case of a deputy's instructions.)

2b. Yes, it could be a violation or article D if there is any evidence of that what was posted was potentially against the WOTP. For example, if in the discussion threads where the minister participated there was even a single post indicating that someone disagreed with the minister's interpretation then this might indicate that the minister did not determine the WOTP in regard to that citizen.

In provolutions case, he has actively polled many "contingencies" in the form of the various doctrines. He has also actively participated in many discussions. He has also indicated in one of the governor's threads that he will poll some aspect of the war with Russia.

Note: the justices want to consider carefully what precedence is set. There have been many instructions posted without any polling. In particular, most of the governor's instructions are posted without polling. Several of the minster's actions are done as part of a mandate. For example, most of the "slider setting" part of the DA's instructions have not been polled.

 

[Black_Hole]

hmm well just a bit of pre ruling info on the JR: I have to stronlgy agree with ashburnham, and I fail to see why this JR was filed. GIfts are simply trades with nothing on one side... It is not possible to gift treaties, because if you notice the treaty is added on both sides, so the foreign affairs has no control at all over this. Gifts are trades, not treaties....