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Request for Legal Inquiry
Topic Started: Feb 17 2017, 01:05 AM (200 Views)
Lamb
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I am requesting a legal inquiry into the recent actions of Loftegen, which are unlawful in respect to the Mandate but are unable to be charged via the Unified Legal Code.

On 2/16/2017 at 1:05:19 AM (EST), Loftegen accidentally took the seat of World Assembly Delegate in Lazarus, granting him executive control of the region.

On 2/16/2017 at 10:08:40 AM (EST) Loftegen ejected and banned the nation Mr Hoff from Lazarus.
Banject


Recognizing that the nation Mr Hoff is bound to the retention of my citizenship in Lazarus, Loftegen has clearly violated the Mandate which states:

Quote:
 
(2) Worlds or nations will not be banned or ejected from the region unless they have:
A. Been publicly charged with a crime.
B. Violated the rules of NationStates Terms of Use.
C. Violated the policies of the Regional Message Board.


Related evidence


I think it's fairly clear that Loftegen inappropriately used the powers of an office that he wasn't elected to in an unwarranted and illegal manner.
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The Church of Satan
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I HAVE CHORTLES!
Your inquiry has been noted.
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Loftegen
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Supreme Autocrat
I agree that my action was wrong. I was thrust into the delegacy by a group of xeno notbobs who moved into Lazarus for that purpose. On Funks advice, I banjected a few of them to get my endo count back down under Kowassati's. I looked at Mr Hoff, saw that it was a new nation that had been in Lazarus for barely a day, and assumed he was one of the intruders. I failed to notice that he had not endorsed me. So yes, my banjection of him was wrong. However, it was a case of accidental collateral damage during a military operation to rid Lazarus of xeno invaders, not an act of criminal intent
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Lamb
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I'd like to point out that given Loftegen's banject of Mr Hoff coincides with his snarky reply to my lodged message on the RMB, that it is highly unlikely that this reasoning is truthful.

Regardless, if someone is going to exercise their ability to eject and ban nations from the region, they should ensure they're exercising within the confines of the law.
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Constie
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Chief Justice Emeritus of the Grand Court
lamb
Feb 18 2017, 08:13 AM
I'd like to point out that given Loftegen's banject of Mr Hoff coincides with his snarky reply to my lodged message on the RMB, that it is highly unlikely that this reasoning is truthful.

Regardless, if someone is going to exercise their ability to eject and ban nations from the region, they should ensure they're exercising within the confines of the law.
May we also note that Loftegen has a history of using the banjection button in questionable ways, namely Alunya v. Loftegen
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The Church of Satan
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I HAVE CHORTLES!
The court will make its own observations.
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The Church of Satan
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I HAVE CHORTLES!
A ruling has been posted. Court is adjourned.
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Powthran
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Lazarene
So just to clarify: This was illegal, but there isn't any punishment because our laws don't cover this case, even though something very similar happened months ago where it was recognized that there was no law to cover it. And we have even got a new constitution since then. It really seems like there is something fatally wrong in our justice system when unconstitutional and illegal actions have no punishment.
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The Church of Satan
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I HAVE CHORTLES!
First, this specific instance was a legal inquiry, not a criminal inquiry.

Second, this court is unable to convict anyone for something that is not a crime according to the Unified Legal Code, which defines what constitutes a crime and what the punishments are. This court does what it can but if you expect it to fix the failings of the legislature then I'm afraid you will be disappointed.
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