Post by Owen Edwards on Jul 27, 2014 7:44:20 GMT -6
The Clerk had sent this to the Magistracy so there is no blame attaching there. This was incorrectly filed initially in any case. The case will be assigned to Magistrate Nordselva. I'll sort out having a thread made in the Magistracy.
Post by Magniloqueu Épiqeu da Lhiun on Jul 27, 2014 8:42:25 GMT -6
I must object, your Honour. This action is explicitly to be submitted to the Uppermost Court, as is stated in the file as well as in the thread. Furthermore, we have sent to the Clerk of Court the same file, with a few minor changes, to be submitted before the Justices of the UC.
Should the Uppermost Court not see fit to handle the case herself, then we hope that she will defer it to the Magistrates' Court. However, due to certain questions of citizenship, jurisdiction must be had in the Uppermost Court.
Post by Owen Edwards on Jul 27, 2014 9:06:32 GMT -6
Could the AG expand on his reasoning? One purpose of the Magistracy is to offer a first Cort permitting the UC to stand as a Cort of appeal. An immediate hearing before the UC would deprive the defendant of any recourse to judicial appeal. I can see nothing in the defendant's status that would require a hearing before the UC - so please enlighten me.
Post by Magniloqueu Épiqeu da Lhiun on Jul 27, 2014 12:12:42 GMT -6
Gladly, your Honour. Currently, the defendant is not a citizen of Talossa. My complaint, among other requests, aims to either:
(1) overturn the UC precedent that a non-Talossan person may not be prosecuted, since he is "out of the Kingdom's jurisdiction"
(2) nullify the Writ of Termination of Citizenship, issued by then-SoS Iustì C. Canün.
Since the Magistrates' Court cannot overturn a precedent set by the UC, and since this precedent is the current hindrance for a prosecution by the Magistrates' Court, the case is to be filed with the UC. It is in no way intended to deprive the defendant of any appeal that might be had, however, this case cannot, to my current knowledge, be pondered by the Magistracy.
Post by Owen Edwards on Jul 28, 2014 6:06:37 GMT -6
We believe (and have elsewhere stated) that the defendant's decision to place himself under our jurisdiction is sufficient exception to the UC's precedent to render a prosecution by the Magistracy viable (and set a precedent thereby). The defendant intends to plead guilty at any rate.
If you are still unhappy with having the case heard by the Magistracy then your next action should be to ask the UC for an injunction.
Post by Owen Edwards on Jul 28, 2014 10:41:13 GMT -6
[Explanatory note - I'm not trying to be awkward by being firm. It's procedural. The Magistracy expects to take cases at first instance except where absolutely necessary. Furthermore the Clerk filed this with the Magistracy and we find no reason not to sit the case. Obviously the latter is less relevant with the withdrawal of the case.]
I support the idea of the “United Provinces of Maritiimi-Maxhestic, Vuode, and Dandenburg”.
Glüc da Dhi: Good morning. Less than 1,5 day left to vote on the TMT20 in the chatroom. Less that two days to vote on the General Elections. Current turnout: 85 Current prediction: 107.8
Jun 30, 2018 1:25:15 GMT -6
Glüc da Dhi: Less than 24 hours to vote on the TMT20-2018 final in the chatroom!
Jun 30, 2018 11:47:57 GMT -6
Glüc da Dhi: Tomorrow we'll do a live reveal playing all the songs in reverse order on pengotimes (if everything works) before the real election results come in. It will be fun. Those who havent participated yet (including prospectives) are also very welcome to vote.
Jun 30, 2018 13:09:31 GMT -6
V: Applause to the fun and civil debates going on right now on disparate issues concerning the Organic Law. My hat is tipped to the substantive and civil nature that all particpants are employing in their responses. It's refreshing.
Jul 12, 2018 15:42:06 GMT -6
Alèx Soleighlfred: Short notice on absence. I will be absent until at least mid-august. i will do my best to still conduct the senechal elections. talossalympics are postponed for now. sorry, wish you all a good day.
Jul 13, 2018 9:10:44 GMT -6