To The Judiciary: Questions Of Law And The Crookback Council

[Mad_Gadfly]

Memorandum​

Jurisdiction

Pursuant to Regalian Law, first-rank citizens have the right to Court procedure. Furthermore, the Regalian Judiciary has jurisdiction to arbitrate between Regalian citizens. Independent from the Regalian State, the Judiciary's verdict is always binding even when the parties do not technically fall under the Judiciary's jurisdiction.

These questions of law pertain to the powers of the Crookback Council and Representative. Whereas the Crookback Representative is not a Minister of the Regalian State, and whereas the Crookback Militia is not beholden to the Violet Order nor is involved in war in the name of Regalia, neither the Office of the Whip, the Office of the Reeve, nor the Office of the Military Commissioner have jurisdiction over the Crookback Council or Representative. Following the Imperial Regent Election and subsequent revocation of the Lord Chancellor's veto right, the Assembly-granted right of the Crookback Council to pass laws that supersede State Law within their own jurisdiction makes it so that the Lord Chancellor does not have the jurisdiction to intervene in laws passed by the Crookback Council.

With no clear possible avenues for relief, the following petition is presented to the Regalian Judiciary.

Brief

I, Florence Amaya Tzavaras, have been banished from the Crookback Borough for my association with House Playero. This has made me unable to run my business located there, El Gustazo's Crookback branch. It should be noted that the nature of my banishment was not that the Crookback Representative had agreed to extradite me to the Violet Order for prosecution, as there was no arrest warrant for those crimes. Instead, it was that members of House Playero must be arrested by the Crookback Militia and transferred to Violet Order custody even if there was no warrant for the family by the Violet Order. This decision was purely based on political strife between myself and members of the Crookback Council.

Questions of Law

1. Does the Crookback Representative have the right to unilaterally create a law banishing an entire family from the Crookback Borough without consulting the Crookback Council?
2. Does the Crookback Council have the right to create a law mandating the arrest of any member of a particular family so they can be extradited to the Violet Order, without a violation of Regalian Law having occurred?
3. Does the Crookback Council have the right to create a law restricting a citizen of the Regalian State's freedom to move through areas of the Crown Isle or Archipelago?
4. Does the Crookback Militia have the right to apprehend a person who has not violated Crookback Law?
5. Does House Amaya qualify as the same entity as House Playero for the purposes of the Crookback Representative's banishment decree?
6. Does the Alms Ministry have the right to establish a tribunal to hear cases of abuse by the Crookback Council or Representative, for study by the Lord Chancellor or Noble Assembly?
7. Does the Office of the Reeve have jurisdiction over the Crookback Militia for cases of abuse of power as they do with the Violet Order?
8. Does the Office of the Military Commissioner have jurisdiction to initiate Court-Martial cases against members of the Crookback Militia, as they do with the Violet Order?

Petition for Relief

• The Judiciary is petitioned to issue a ruling on the above Questions of Law.
• The Judiciary is petitioned for a temporary injunction on House Playero's banishment from the Crookback Borough until a ruling on the above Questions of Law is made.
• The Judiciary is petitioned to refer the Crookback Representative to trial to review the following Questions of Fact:
  • Did the Crookback Representative unlawfully banish House Playero from the Crookback Borough?
  • Did the Crookback Representative unlawfully banish House Amaya from the Crookback Borough?

Respectfully Submitted,​

Florence Amaya​

 

[BillyTheScruffy]

Mister Amaya,

To answer your questions in short:-

1. No. The Representative does not have executive authority to enact things on her own, but given she also holds office as a member of the Crookback Council, proof would have to be forthcoming that this was a direct violation of her legal duty. You may direct misuse of government powers to the Regalian Assembly.

2. Yes, they may. The Crookback Council has the legal right to create any law within their borough to be enforced, meaning the Council's actions in the eyes of the law are in fact legal within their own borough.

3. Yes, if it is within the Crookback Borough only. See point 3.

4. Yes. There are a variety of reasons a person may be arrested without breaking the law. For example, questioning and investigation. This is true even in Regalian Law.

5. If the banishment decree was specifically against Playero, no. Self explanatory.

6. Not officially but given the tribunal would have no judicially binding judgment and has a direct connection to Government, they can but only if the information is brought to the Noble Assembly for final verdict.

7. No.

8. No.

The Judiciary will not be ruling on matters of the Crookback Council so your request for a trial is denied as is your request for injunctive relief. You may refer any queries relating to the Crookback Council and their authority to the Noble Assembly who you incorrectly stated as having no jurisdiction. The Crookback Council exists by virtue of Government implementation, ergo, majority vote in the Assembly will hold the Crookback Representative and Council accountable.

As a final remark, I would suggest more proactive measures to clear your reputations than continuing to cause issues for people. Being a nuisance, causing a ruckus and continuously wasting people's time is not virtuous.

Signed and officiated by Gertrude Bergenstein,
Secretary to the Grand Justicar Prince Rodderick Howlester

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