============================== CFJ 2662 ==============================
When a judge with judicial rank 1 has eir judgement overruled on
appeal, then it is decreased by 1 and e CANNOT increase it for 30
Called by Yally: 10 Aug 2009 22:26:36 GMT
Assigned to Pavitra: 18 Aug 2009 23:28:39 GMT
Judged TRUE by Pavitra: 19 Aug 2009 01:57:33 GMT
The issue is with the wording of the rule in question. That is, does
the text "the rest of this rule notwithstanding" cause "unless eir new
rank is 0, in which case e CAN increase it to 1 at any time with 3
support" to be withstanding?
When a judgement is overruled on appeal, if the prior judge's
rank is higher than 0, then it is decreased by 1, and e CANNOT
increase it for 30 days afterward (the rest of this rule
notwithstanding), unless eir new rank is 0, in which case e CAN
increase it to 1 at any time with 3 support.
Judge Pavitra's Arguments:
Either "unless" doesn't count as a claim of precedence, and
"notwithstanding" overrides the entire unless clause, or else "unless"
does count as a claim of precedence, in which case there is a direct
contradiction between "unless" and "notwithstanding", so that by R2240
the "unless" clause has no effect. In either case, the "unless" clause
ends up getting squashed. TRUE.