Post by Dame Litz Cjantscheir, UrN on Sept 6, 2012 11:18:26 GMT -6
Motion for Injunction
Pursuant to Section 13, Article XVI of the Organic Law, I, Litz Cjantscheir, respectfully move this Uppermost Cort for an injunction against S:reu Justices Edwards and Prevuost & The Magistrates Court, barring the said Justices and Court from receiving, hearing or ruling on any case which has, is or shall be presented before the aforementioned Justices and Court on the following grounds that a) The Magistrates’ Court does not meet the Organically mandated requirements regarding the Court and b) as such, the Court is acting Inorganically and thus should not proceed with any further action(s) until this Inorganicity has been fully resolved :
The Law:
Aritlce XVI, Section 2 of the Organic Law states:
... All courts must have an odd number of judges.
The Facts:
On Thursday 6th September 2012, the Magistrates’ Court consented to hear and started proceedings on two cases, one of which Ms. Cjantscheir is party too.
The Magistrates’ Court consists of two (2) Judges, Mr. Justice Edwards and Mr. Justice Prevuost.
The Magistrates’ Court has been informed on several occasions, including publically by the Attorney General, that is Organically required to a Odd number of Justices in order to be a Organically complaint Court.
There is a bill before the Ziu (in the Hopper) which aims to address this Inorganicity and clearly written to address the shortfall of one judge and thus, inorganic nature of the Magistrates’’ Court, to quote the relevant parts:
The Six Naps Are Better than Five Act
WHEREAS somehow it was missed that, according to Article XVI Section 2 of the Organic Law, the Court of Magistrates must have an odd number of judges, and
WHEREAS it also must have "not less than two and no more than three" of them, and
WHEREAS unless my math is off, that means it must have three (3), and
WHEREAS like I say, it only has two (2), and
WHEREAS unless my math is off, that means we need to nominate one (1) more Magistrate to join Owen and Mag to say he's sitting with them helping them do their whole lot of nothing, and...
The Argument:
It is my belief that the language used in the above quoted section of the Organic Law is very clear, ALL Courts MUST have a odd number of judges.
It is my argument that:
i) The Magistrates’ Court does not fulfil this Organic Requirement, in only having 2 members, a even number.
ii) As the Magistrates’ Court and by extension its Judges, do not reach the Organically mandated criteria of having a odd number of judges, the Court is thusly inorganic and cannot rule on any matter presented before it until such a time it becomes complainant with the Organic Law.
iii) The Magistrates’ Court ignored all advice presented to it regarding the inorganic nature of the court and failed to heed such advice, in proceeding with two cases against a number of individuals. In addition, it failed to adequately correct its inorganic nature. It is in full knowledge of the Magistrates’ Court Inorganicity that the Justices of the Magistrates’’ Court have decided to act against several Talossan Citizens, including Ms. Cjantscheir, therefore breaching these citizens’ rights to a fair trial in an Organic and Lawful Talossan Court and by extension any decisions/judgements/directions made by a inorganic court cannot be binding upon any party and Talossan Citizens should not unlawfully be compelled to comply with such.
iv) The bill in the hopper clearly aims to address the inorganic nature of the Magistrates’ Court, if the Court was Organically compliant and 2 magistrates were sufficient then it is my belief that the Ziu would not feel compelled to address this situation and to author such a bill.
Actions being Sought:
1) A preliminary injunction against S:reu Justices Edwards and Prevuost & The Magistrates Court, barring the said Justices and Court from receiving, hearing or ruling on any case which has, is or shall be presented before the aforementioned Justices and Court;
2) A Declaration from the Uppermost Court that the Magistrates’ Court is acting inorganically in the exercise of its functions as it does not meet the organically mandated requirements for any court in the Kingdom of Talossa and to issue a injunction against S:reu Justices Edwards and Prevuost & The Magistrates Court, barring the said Justices and Court from receiving, hearing or ruling on any case which has, is or shall be presented before the aforementioned Justices and Court, until such a time the Court and its Justices are in full compliance with the Organic Law;
3) A order from the Uppermost Court that all judgement/decisions made and other actions made or ordered by the Magistrates’ Court whilst it was inorganically composed are inorganic and are deemed to be immediately overturned/struck out and;
4) A order that any cases heard by the Magistrates’ Court whilst is was inorganically composed, including the two current cases, whether complete or not, are to be dismissed for breaches by the Magistrates’ Court of the defendants’ rights to a fair trial in a lawful and organic Talossan Court and for the exercise of unlawful jurisdiction over same.
Respectfully Submitted by:
Litz Cjantscheir
