============================== CFJ 1273 ==============================
An Appeal has been initiated with regards to CFJ 1266.
Called by Wes: 13 Feb 2001 07:36:22 GMT
Assigned to G.: 13 Feb 2001 07:36:22 GMT
Judged TRUE by G.: 14 Feb 2001 05:02:55 GMT
It is our belief that this CFJ will be Judged FALSE.
Rule 1564 states the conditions under which an Appeal may be initiated.
None of those conditions are satisfied with regards to the Appeal of
A Dismissal is not a Judgement. Numerous Rules make it clear that
certain actions are taken upon Judgement OR Dismissal. The definitions
are mutually exclusive, as well. A CFJ which is Dismissed need not
be Judged. A previous Judgement upheld this view as well, if we
recall correctly, but we do not have the CFJ in question at hand.
While Rule 1694 describes the results of the Appeal of a Dismissal,
it does not provide the legal means to actually initiate the Appeal
in question. It only enumerates the results of such an action, should
this theoretical action be taken somehow. Much like a Rule describing
the effects of a Win, but with no currently defined Win Conditions.
Rule 1564/9 (Power=1)
The Judgement entered in any CFJ by its Judge, the grant or
denial of any Motion, and the execution of any Judicial Order
are all subject to review on appeal to a Board of Appeal. In
addition, a Board of Appeal shall review any claim that a Judge
has failed to perform any duty of a Judicial nature which e was
required to perform.
In all cases, the insistence of any three Players, posted in the
Public Forum, is sufficient to initiate the appeal of a
particular matter. In the case of the appeal of a Judicial
Order, the insistence of any Player bound by the Order is
sufficient. In the case of a Judgement which convicts a Player
of a Crime, the insistence of the convicted Player is
In each cases before a Board of Appeal, it shall collectively
decide whether to affirm or to reverse the matter under appeal,
and shall execute whatever Appellate Orders are necessary to
enforce its determination.
Rule 1694/0 (Power=1)
Appeal of a Dismissal
If the dismissal of a CFJ is Appealed, the Board shall not
consider the truth or falsity of the original CFJ; they
shall only consider whether the dismissal was properly
made. An illegal dismissal shall not be considered
If the Board finds the dismissal to have been properly
made, the original Judge of the CFJ shall retain eir
Judicial Salary, and the CFJ shall remain dismissed.
If the Board finds the dismissal to have been made
improperly, the original Judge of the CFJ shall have eir
Judicial Salary revoked. The CotC shall reassign the CFJ
to a new Judge in the same fashion as originally
assigned; the new Judge cannot dismiss it for the same
reasons as given by the original Judge.
Judge G.'s Arguments:
The Caller claims that Rule 1564 supplies no method for initiating the
appeal of a Dismissal, as Dismissal is not Judgement. I do not attempt to
judge whether or not Dismissal is Judgment. If Dismissal is Judgement,
then the Caller's Argument is trivially invalid, and my correct judgement
would also be TRUE.
If, on the other hand, Dismissal is NOT Judgement, it must be determined
that it can be Appealed. Rule 1694 strongly implies that it may be, but
does not explicitly state this fact. However, a key phrase is extracted
here from the first paragraph of Rule 1564 (Initiating Appeals):
"In addition, a Board of Appeal shall review any claim that
a Judge has failed to perform any duty of a Judicial nature
which e was required to perform."
If a Dismissal is not Judgement, as claimed by the Caller, then a Judge,
by improperly Dismissing a CFJ, has failed to perform a duty of a Judicial
nature: namely, delivering Judgement on a justiceable statement. This is
clearly one of the "particular matters" that the insistence of any three
players may initiate.
Three players insisted, in PF, that when the original Judge of 1266
Dismissed the case, in the words of Rule 1564, e failed to perform [a]
duty of Judicial nature which e was required to perform. Therefore, an
Appeal of CFJ 1266 has been initiated. Therefore, I judge CFJ 1273 to be