Post by Culture of Life on Aug 16, 2018 23:06:46 GMT -5
Summaries of Previous Decisions
The summaries in this thread have been prepared for the convenience of individuals who are researching the common law of Right to Life. This is an unofficial resource. Official case law is found only in the published judicial opinions of Right to Life.
The summaries in this thread have been prepared for the convenience of individuals who are researching the common law of Right to Life. This is an unofficial resource. Official case law is found only in the published judicial opinions of Right to Life.
Senate of Right to Life
The Senate doubled as Right to Life's legislature and its supreme court until 2018. These decisions are persuasive precedent.
21 May 2013: In re Reduction of Abortion Act Repeal -- Sen. Prussia
A region member does not violate the oath of citizenship by voting to repeal an anti-abortion resolution in the NationStates General Assembly if it is conceivably possible that a legitimate reason exists for a pro-life person to cast such a vote in favor of repeal.
15 May 2016: Stellonia v. Texasa -- Sen. Imperii Ecclesia
Spam is the sending of disruptive online messages, and spam is not protected by the region's bill of rights. Spam that is not flagrant or malicious shall be punished less severely. The Senate prescribed a set of punishments for handling future cases of spam.
Justice Court of Right to Life
Established by statute, the Justice Court was Right to Life's trial court until 2018. These decisions are persuasive precedent.
12 January 2014: In re On Abortion Repeal -- Devoted Decons, JP
A region member does not violate the oath of citizenship by voting against a proposal to repeal the NationStates General Assembly resolution On Abortion, but the World Assembly delegate is required by the Constitution to approve and vote for such a repeal.
22 February 2014: In re Reproductive Freedoms -- Devoted Decons, JP
A region member who votes for a NationStates General Assembly proposal that would provide a general "right to abortion" forfeits citizenship in Right to Life. The World Assembly delegate is required by the Constitution to vote against such a proposal.
9 June 2014: RTL v. Ripken -- Devoted Decons, JP
(1) Applying for regional citizenship a second time using a second forum account with the intent of personal gain is disallowed by the regional common law. (2) An act such as this one is a common law crime only if the mind of the actor is also guilty. (3) A person standing trial for such a crime is not eligible to run in an ongoing regional election. (4) A first offense for the crime of multiplicity carries a two-month ban from holding citizenship. (5) A second offense shall be penalized with a permanent ban from holding citizenship.
16 April 2015: Phydios v. Feminepolis -- New Dolgaria, JP
A person who makes comments that reasonably can be interpreted to be supportive of gender-selective abortion may not hold regional citizenship. Furthermore, a lack of fluency in English can be used as evidence in a trial that a person is not acting with malicious intent.
18 May 2015: RTL v. Catholic34 -- New Dolgaria, JP
Because Right to Life is a NationStates-based organization, whoever is in violation of NationStates rules is automatically in violation of regional law whether or not a specific regional prohibition exists. The regional government shall impose a permanent forum ban on and seize the assets of any player who incurs delete-on-sight (DOS) status on NationStates.
29 July 2015: Ovybia v. RTL -- New Dolgaria, JP
(1) The Senate has both legislative and bureaucratic functions; the Founder's constitutional power to veto covers only its legislative actions. (2) The Private Senate Forum does not violate the rights of citizens to monitor and to lobby their elected officials; the senators have a right to discuss their duties privately. (3) Discrimination and unpopularity are not synonymous; discrimination implies judging an individual's abilities on something totally irrelevant to those abilities. (4) The decision of a forum administrator not to perform a basic administrative task on the forums cannot be penalized by the regional judiciary, unless such purposeful inaction is objectively unreasonable or damaging.
(#2 and #3 affirmed by the Senate on September 20, 2015.)
15 September 2015: West Appledale v. RTL -- New Dolgaria, JP
Out of an abundance of caution, the regional government may deny citizenship to a forum member if that person shares an IP address with another forum member who is already a citizen. To overcome such an administrative decision, the rejected applicant must prove "that she is a separate person." Furthermore, the regional judiciary does not have the power to innovate "in regards to the citizenship process" (alter the rights and obligations of citizens).
27 November 2015: Phydios v. Stellonia -- New Dolgaria, JP
A mere vote against a proposal to repeal a pro-abortion resolution in the NationStates General Assembly is not sufficient to prove that a citizen is not pro-life and, therefore, should have his citizenship revoked. "Our regional law requires us to be against elective abortion in all or most cases; it does not specify exactly how we go about our opposition in legislative terms."
24 September 2016: Texasa v. Culture of Life -- New Dolgaria, JP
The Founder "is given the ultimate say on forum management by the Constitution." Also, the judicial branch does not have the power to review appointments and dismissals made by the executive branch or the legislative branch.
26 July 2017: Ostryt v. Culture of Life -- New Dolgaria, JP
An individual does not acquire the "legal standing that comes with citizenship" until he applies for citizenship and is accepted. Furthermore, the regional code and common law principles prevent the Justice Court from revisiting a case more than 28 days after it has been decided (res judicata), unless the Senate grants a waiver or "some great injustice would occur."
2 August 2017: Stellonia v. RTL Bank -- New Dolgaria, JP
A ₤75 corporate registration fee does not unlawfully obstruct incorporation. At any rate, "the freedom to form a corporation is more of a privilege than a fundamental right." It is not covered by the freedom of association in the region's bill of rights.