Index ← 1946 CFJ 1947 1948 → text
==============================  CFJ 1947  ==============================

    If an appealed equity case judgement is REMANDED or REASSIGNED, the
    original (prior) judgement remains a binding agreement.


Caller:                                 G.
Barred:                                 root

Judge:                                  Murphy
Judgement:                              FALSE



Called by G.:                           13 May 2008 05:20:15 GMT
Assigned to Murphy:                     16 May 2008 05:35:30 GMT
Judged FALSE by Murphy:                 16 May 2008 06:14:40 GMT


Caller's Arguments:

In Appeals Cases (R911), prior judgements aren't "thrown out" upon REMAND or
REASSIGN, they're just considered inappropriate, and therefore subsequent
judgements have precedence in Rule.  For cases that guide precedence (inquiry
cases) this is not a bug, but this may be for equity cases (does the prior
judgement, which is a contract, remain in effect) or criminal sentencing (am
I missing it in the Rules where the sentence actually ceases to have an
effect upon appeal?)

In either equity or criminal cases, R101(vii) *may* be strong enough to
infer the nullification of the prior judgement, leading to a judgement of
FALSE here...that's the only argument I can think of for FALSE, and may
need to be decided case-by-case.


Gratuitous Arguments by ais523:

See Goethe's message that I linked above. As e pointed out, rule
101(vii) seems the only rule likely to be capable of preventing the
original judgement remaining, and that would only apply when the
judgement was in fact a punishment; equity case judgements can be
punishments, but often are not, and in the case that they are, it seems
to me that rule 101(vii) would prevent the second judgement being given,
rather than the first one, if both were punishments. (The mere act of
reassigning does not necessarily imply that the new judgement will be a
punishment; in fact, if it did, that would seem to me to be a[nother]
huge abuse of the judicial system. Rule 101(vii), instead, prevents the
second judgement being a punishment if the first judgement was one.)
This seems, in the case of criminal cases, at least, to be a bug; in the
case of equity cases, it is less problematic, because the judgement is
only put in place after a week, or when all parties to the contract in
question have agreed, and if any of them wanted to appeal they would
likely do so before the week were up.


Judge Murphy's Arguments:

In the situation described by the statement, the question on equation is
rendered open again, so it no longer has a judgement, so the prior
judgement is no longer a binding agreement (I interpret "when" in Rule
2169 as "while").


Judge Murphy's Evidence:

Rule 911/20 (Power=1.7), excerpts
Appeal Cases

      * REMAND ... the prior question is rendered open again

      * REASSIGN ... the prior question is rendered open again

Rule 2158/5 (Power=2), excerpt
Judicial Questions

      At any time, each judicial question is either open (default),
      suspended, or has exactly one judgement.

Rule 2169/5 (Power=1.7), excerpt
Equity Cases

      When an applicable question on equation in an equity case has a
      judgement ... the judgement is in effect as a binding agreement
      between the parties.