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  The South Pacific Hall of Historical Records Archives Fudgetopia Hall of Government Judicial District Conference Room [HCLQ1712] Private Discussion

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[HCLQ1712] Private Discussion
  • Offline Kris Kringle
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#1
10-22-2017, 05:12 PM

Anachronism in the Court Procedures Act
Eyes Only

While no Law Clerk has been selected for this legal question, I will use this thread to document and explain the process through which I consider the question, so that there will be a record to be subsequently released, in compliance with the Sunshine Act.

I ruled the question justiciable on 22 October 2017, and allowed until October 25 for the submission of amicus curiae briefs. Given the relationship between this question and Roavin v. Cormac, and the fact that it asks for reconciliation of a contradiction, rather than interpretation of the law, it is my hope that this question will be addressed in a shorter time than usual.

As of this moment, my basic outline is as follows:
  • History of the Court (focus on the reform that changed it from a multi-member Court to a single-member Court)
  • Examination of Intent (interview whoever was Chair at the time, and whoever drafted the reform bill)
  • Opinion of the Court (reconcile the contradiction)
Former Delegate of the South Pacific
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(This post was last modified: 11-06-2017, 10:33 PM by Kris Kringle.)
  • Offline Kris Kringle
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#2
11-06-2017, 11:27 PM

I appointed Aav Whitehall as Law Clerk for this case, on 06 November 2017. In line with that, here are the initial assignments for us:

For Aav:
  • Use ORCS to run a quick check on past cases where the Court addressed contradictions between laws.
For Kris:
  • Contact those who drafted the Court Procedures Act and ask for their testimony (CC Aav).
I'd like to see an initial deadline of tomorrow night, if that's alright with you. This is a short list, for now, because what matters is to get our initial information. Once we have an idea of what evidence we have, we can start taking a look at what kind of opinion we can draft.

Let me know if you're good with this, so we can make any changes, if needed.
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
  • Offline Aav Whitehall
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#3
11-07-2017, 07:09 PM

Holy crap, ORCS is huge! I may not be able to finish that by tonight. Plus, I have no idea how to use it. Is there a user guide somewhere? But I'll do my best at it.
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  • Offline Aav Whitehall
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#4
11-07-2017, 07:12 PM

SCLQ141 is one.
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  • Offline Aav Whitehall
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#5
11-07-2017, 07:12 PM

http://tspforums.xyz/thread-343.html
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  • Offline Kris Kringle
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#6
11-07-2017, 07:14 PM

My advice would be to do a Control+F in the Comprehensive Rulings Repository to search for "contradict" or "contradiction". Nothing too fancy or time-consuming.


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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
(This post was last modified: 11-07-2017, 07:15 PM by Kris Kringle.)
  • Offline Aav Whitehall
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#7
11-07-2017, 07:25 PM

All right then. Thanks for the advice!
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  • Offline Aav Whitehall
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#8
11-07-2017, 07:27 PM

  • HCLQ1407
  • HCLQ1605
  • And the current one :s
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  • Offline Aav Whitehall
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#9
11-07-2017, 07:28 PM

So, three, no, four previous piece of precedent.
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  • Offline Kris Kringle
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#10
11-07-2017, 07:48 PM

If possible, I'd like you to write a summary of each case where you:

1. Explain how, when taken together, they establish the authority of the Court to consider contradictions. Obviously while referencing the provisions of the Charter that give that authority.

2. Addressing how, if at all, they relate to our current case.


Inviato dal mio iPhone utilizzando Tapatalk
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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