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[QUERIES] Legal question: Change, the permanence of the Court, and future cases.
#1

Your honor

Going through the ORCS system and reviewing the charter and the history of the region it has occurred to me that the court and the region around it has changed greatly since the beginning of the region. I seek the awnsers to the following questions to clarify my understanding of the previous interpretations of the law and the further ones that may occur. 

1. Does a change in how the court exists change the authenticity of previous rulings?

2. Is the court in its current form the same court as before the various governmental changes and restructurings? 

3. What form of governmental change or restructurings of the court would cause previous rulings to go into doubt?

4. What form of governmental change or restructuring would change the court into a different entity?

5. Are rulings relevant to laws that have since been changed or altered still in effect? 

6. What extent of a change to a law would cause doubt in a previous ruling?

7. If it is found that doubt can enter into previous rulings in any of the methods I have sought clarification for in this post, can previous ruling which have been found to be no longer in effect be cited in future cases?

I thank the court for its attention, and would like to see a ruling on these legal questions.
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#2

This ruling may be of interest: http://tspforums.xyz/thread-2787-post-80...l#pid80131
[-] The following 2 users Like sandaoguo's post:
  • islands_of_unity, Pronoun
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#3

I would like to remind the court of these questions.
Legislator
Minister of Media
Former Deputy Chair of the Assembly (x3)
Former MoRA
Former Deputy MoRA
Ambassador to XKI
Anti-Establishment Populist
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#4

These are not legal questions, but I would be happy to answer them, with the understanding that they are general queries:

1. Does a change in how the court exists change the authenticity of previous rulings?
No. There is no reason why that should be assumed.

2. Is the court in its current form the same court as before the various governmental changes and restructurings?
I do not understand the logic of this question, but I consider it moot, due to my answer to the question above.

3. What form of governmental change or restructurings of the court would cause previous rulings to go into doubt?
None.

4. What form of governmental change or restructuring would change the court into a different entity?
I do not understand the logic of this question, but I consider it moot, due to my answer to the first question.

5. Are rulings relevant to laws that have since been changed or altered still in effect?
It depends. Please refer to Article 4, Section 3 of the Judicial Act for clarification on the matter.

6. What extent of a change to a law would cause doubt in a previous ruling?
That has not been definitively established, and would likely vary depending on the context of each situation.

7. If it is found that doubt can enter into previous rulings in any of the methods I have sought clarification for in this post, can previous ruling which have been found to be no longer in effect be cited in future cases?
Yes. Whether the reference is valid or applicable is a matter of what kind of argument is being made. A void ruling might not be useful as binding precedent, but it might well be useful when making an argument about the kind of reasoning to legal interpretation that the Court could apply to other situations. It would depend on the specific case at hand, and the way in which the ruling is referenced.
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.

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