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Legal Question: Define Delegate
#11

The petitioner would also like to ask if an extension could be granted, should it be necessary for the amicus brief. The document is reaching many thousands of words...
Signed,
[Image: tspsig.png]
Positions:
Legislator of The South Pacific
King of Machina, Defence Realm of Illuminati Alliance
Citizen of The East Pacific
Former Positions:
Overlord of Masterz
Seargant of HYDRA
Talon of Firehehlm
Munifiex of The Roman Empire
[Image: rv43j5bZ3p1Rs0A01odvThXy-TLzgwlhUTl_mY9E...66-h654-rw]
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#12

While the Court prefers to place a deadline on the submission of amicus curiae briefs, as a matter of internal organisation, and to ensure that it can properly read and incorporate the arguments, it is perfectly willing to consider amicus curiae briefs submitted between the deadline and the announcement of the date for the release of the ruling.

All parties are reminded, however, that there is a reason why the Court would prefer that amicus curiae briefs be submitted before the deadline.
Former Delegate of the South Pacific
Posts outside High Court venues should be taken as those of any other legislator.
I do not participate in the regional server, but I am happy to talk through instant messaging or on the forum.

Legal Resources:
THE MATT-DUCK Law Archive | Mavenu Diplomatic Archive | Rules of the High Court | Case Submission System | Online Rulings Consultation System
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#13

Understood.
Signed,
[Image: tspsig.png]
Positions:
Legislator of The South Pacific
King of Machina, Defence Realm of Illuminati Alliance
Citizen of The East Pacific
Former Positions:
Overlord of Masterz
Seargant of HYDRA
Talon of Firehehlm
Munifiex of The Roman Empire
[Image: rv43j5bZ3p1Rs0A01odvThXy-TLzgwlhUTl_mY9E...66-h654-rw]
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#14

Your honor,  

Whilst this court has been extremely unwilling to define words for legislators, including myself in the past, the court has agreed to define delegate, and for that I am very grateful. 

The precedent for this legal question is abundantly clear; Our laws in their current state lack a definition for the word delegate in the context of a conflict of interest in the sense of an Election to an Office within the Coalition.  The Elections Act makes it abundantly clear; no person holding the office of the delegate in a foreign region may run for a position on the cabinet within the Coalition. This is a disgusting conflict of interest that would never lead to good results. 

 Legislator Aumeltopia, colloquially Aumelodia or Somyrion was nominated by Legislator to run for the position of Minister of the South Pacific Special Forces (military affairs.)  This very same person holds the office of the Soverign, the position in the Celestial Union that is supposed to be the on-site delegate of the sinker region Lazarus. The Coalition has no lack of acknowledgement of Lazaurs’s real forum, located at http://www.s15.zetaboards.com/NS_Lazarus/index/ For proof of this acknowledgment, I refer to Prime Minister Roavin and then Deputy Minister Tim’s respective statements on Lazarus.  Prime Minister Roavin writes in a statement to legislators in August:
Quote:[Roavin]"Yesterday, the Coalition of the South Pacific offered to mediate between the opposing factions in Lazarus, and offer readily accepted by the faction calling itself "La Resistance", while Delegate Funkadelia requested 24 hours to reply. Unfortunately, in this time, Funkadelia and his supporters have decided to overthrow the Lazarene government and purge significant members of the opposition. With assent of the Cabinet and the General Corps of the South Pacific Special Forces, General Resentine entered the Discord server of the resistance to investigate, and was able to confirm that the accusatory screenshots posted by Killer Kitty are maliciously taken out of context and that the resistance did not attempt a coup of the Lazarene government. It is now unambiguously clear that the aggressors in this conflict are Funkadelia, Killer Kitty (Evil Wolf), and Scum (Lamb Stone). 
 
The actions of Delegate Funkadelia and his faction, namely the extra-judicial and illegal removal as well as defamation of their political opponents, is as unambiguous an example of an illegal coup as it is possible to imagine. Claims to the contrary are nothing but the most transparent attempts at propaganda to disguise this, and no informed and objective individual could conclude otherwise. The "Treaty of Friendship and Cooperation between The South Pacific and Lazarus" is an alliance between the legitimate governments of the South Pacific and Lazarus; the term legitimate can no longer be applied to the regime of Funkadelia for the reasons stated above. The South Pacific does not recognize the government of Funkadelia instated at this last minor update, and pledge our support for the government-in-exile as per Article IV Section 3 of our mutual treaty.  
 
Signed, 
 
Roavin, Prime Minister 
Escade, Minister of Foreign Affairs 
Yun, Minister of Military Affairs 
Drugged Monkeys, Delegate-Elect"
Tim writes in an official  Ministry of Foreign Affairs forum post on September,  
Quote:The Celestial Union's [Forum] s15.zetaboards.com/NS_Lazarus
 The Prime Minister and Deputy Minister’s statements are not lacking in verification of the true Forum of Lazarus. Let us accept this forum as legitimate, and let us take all of the official information on this forum as fact.  

Referencing the Coalition’s treaty with Lazarus, we can find the treaty refers to the two signatories, who as could be told by Escade or really anyone, the treaty was signed and ratified by the Celestial Union at  a time when the illegal forum was legitimate and being used by the Celestial Union. The treaty states,  " Both parties" Signatories or parties  evidently meant Celesital Union at the time and is non-adaptable. This is obvious. We accept the Celestial Union as the government of Lazarus, and it acepts Aumelodia as it's delegate. Aumelodia cannot run for a minister position as it is an obvious conflict of interest.
Signed,
[Image: tspsig.png]
Positions:
Legislator of The South Pacific
King of Machina, Defence Realm of Illuminati Alliance
Citizen of The East Pacific
Former Positions:
Overlord of Masterz
Seargant of HYDRA
Talon of Firehehlm
Munifiex of The Roman Empire
[Image: rv43j5bZ3p1Rs0A01odvThXy-TLzgwlhUTl_mY9E...66-h654-rw]
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#15

The Court would like to remind the Petitioner that, in accordance with its Determination of Justiciability, it will not review the specific case of Aumelodia, and will instead focus on clarifying the meaning of the law as it currently stands.

The Court further would like to ask the Petitioner regarding the following excerpt from their amicus curiae brief:

(10-21-2017, 02:39 PM)rolandarmstrong Wrote: The Elections Act makes it abundantly clear; no person holding the office of the delegate in a foreign region may run for a position on the cabinet within the Coalition.
  • In what sense does the Elections Act forbid foreign World Assembly Delegates from running for a position in the Cabinet of the South Pacific?
Former Delegate of the South Pacific
Posts outside High Court venues should be taken as those of any other legislator.
I do not participate in the regional server, but I am happy to talk through instant messaging or on the forum.

Legal Resources:
THE MATT-DUCK Law Archive | Mavenu Diplomatic Archive | Rules of the High Court | Case Submission System | Online Rulings Consultation System
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#16

(10-22-2017, 05:22 PM)Kris Kringle Wrote:
The Court would like to remind the Petitioner that, in accordance with its Determination of Justiciability, it will not review the specific case of Aumelodia, and will instead focus on clarifying the meaning of the law as it currently stands.

The Court further would like to ask the Petitioner regarding the following excerpt from their amicus curiae brief:

(10-21-2017, 02:39 PM)rolandarmstrong Wrote: The Elections Act makes it abundantly clear; no person holding the office of the delegate in a foreign region may run for a position on the cabinet within the Coalition.
  • In what sense does the Elections Act forbid foreign World Assembly Delegates from running for a position in the Cabinet of the South Pacific?

Can you point to where this was in the determination? I'll point to it when I get a chance to be on PC...
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#17

I'd like to clarify if it was not already clear that the Sovereign of Lazarus is not the head of the Lazarene military nor the equivalent of a TSP Minister.
[Image: AfI6yZX.png]
Aumeltopia ~
  
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Auphelia Wrote:Raccoons are bandits! First they steal your food . . .
and then your heart/identity!
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#18

As a matter of course, the Court may rely on examples to clarify issues, but it does not rule on specific examples, it does so with respect to the underlying law.

In ruling the present question justiciable, the Court took note of your particular example, but it did not accept the question solely with respect to it. In that same sense, the ruling will address the matter of the Equivalent Offices Clause, but it will not rule on what should have been done in the specific case of Aumelodia, nor will it pass judgement on the recognition of any regime in Lazarus, the latter being the competency of the Cabinet and the Ministry of Foreign Affairs.
Former Delegate of the South Pacific
Posts outside High Court venues should be taken as those of any other legislator.
I do not participate in the regional server, but I am happy to talk through instant messaging or on the forum.

Legal Resources:
THE MATT-DUCK Law Archive | Mavenu Diplomatic Archive | Rules of the High Court | Case Submission System | Online Rulings Consultation System
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#19

On the matter of determining equivalent offices, I wish to remind the Court of the previous precedent established here, which found the particular matter to be a political question and therefore not justicable.
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#20

I think that's another LQ. We're trying to define delegate, not determine equivalent offices.
Signed,
[Image: tspsig.png]
Positions:
Legislator of The South Pacific
King of Machina, Defence Realm of Illuminati Alliance
Citizen of The East Pacific
Former Positions:
Overlord of Masterz
Seargant of HYDRA
Talon of Firehehlm
Munifiex of The Roman Empire
[Image: rv43j5bZ3p1Rs0A01odvThXy-TLzgwlhUTl_mY9E...66-h654-rw]
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