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Legal Question (interpret the meaning and application of a law) [1908] Legality of Ejections for Conduct Violations
#2

For reference, I also submit before this Court the relevant discussion on Discord
  
Quote:daily nakari Yesterday at 10:49 PM
legally, though, they shouldn't have a TSP nation, cause conduct violations

Roavin Yesterday at 10:49 PM
only if prosecuted.

daily nakari Yesterday at 10:50 PM
oh, do conduct violations only apply to legislators if prosecuted..?
oh okay, their ban is optional
didnt realise that bit

Roavin Yesterday at 10:51 PM
conduct violations apply to anyone, but only if prosecuted. it's a crime but theres' no outright prescribed sentence so the court has to set one.

daily nakari Yesterday at 10:51 PM
no >_>
"(2) Conduct violations are punishable by immediate ejection and banishment from the region"

Roavin Yesterday at 10:52 PM
Oh, interesting
but must they?

daily nakari Yesterday at 10:53 PM
if every troller and spammer had to go through court for conduct violations, poor kris would be ded
no, that was my misreading
they don't have to be banned

Roavin Yesterday at 10:53 PM
(2) Conduct violations are punishable by immediate ejection and banishment from the region, albeit punished parties may appeal this decision to the High Court. In most cases, nations that appeal the decision and apologize should expect to have their ban lifted.

daily nakari Yesterday at 10:53 PM
but if they are banned, they can just be banned immediately with no need for prosecution
yeah

Roavin Yesterday at 10:53 PM
(1) The Delegate, or a majority of the Local Council, may order a border control action against a nation they determine to be spammers or trolls. The assent of the Council on Regional Security is required if the nation in question is not a low influence nation.
(3) The Council of Regional Security may order a border control action against a nation which is, with probable cause, controlled by the same player as another nation currently subject to a border control action, for the duration of the original nation's border control action.
This is .... messy.

daily nakari Yesterday at 10:54 PM
eh, not that messy
conduct violations just covers any rule breaking that isnt trolling and spamming, right?

Roavin Yesterday at 10:55 PM
it's unconstitutional.
at this moment, any BC officer can decide to banject them at will without fear of repercussions. however, that violates the BoR.
because at that moment there is no due process.
there is the option of appeal, though.
so maybe it's not unconstitutional.
Blaaah.
 




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Messages In This Thread
RE: [Legal Question] Border Control - by Awe - 03-03-2019, 12:34 PM
Determination of Justiciability - by Kris Kringle - 03-11-2019, 10:27 PM



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