Index of the Conclave

Aelitia · January 5, 2023, 4:39pm

FOREWORD BY VICEROY AELITIA:

With a renewed commitment to Justice and precedence, this court shall endeavor to provide and update this index of case law and previous verdicts. In the interest of building a fair and real court system this index will be used as reference and research material for Arbiters, Law makers, and Counsel alike.

This Index shall list and link the cases in a non-exhaustive manner, but in a way which outlines aspects of the case which should of “of note” by those wishing to learn about it. The shaping of the Justice system to be more approachable and user-friendly is one of the goals of this Index.

	Index of the Conclave: The Legal References of The East Pacific	Judicial Reviews, Criminal Cases, Civil Cases, Appeals / Case Studies, Administrative Rules

Judicial Reviews

Judicial Review - “On Guilty Pleas and Their Withdrawal”

Review initiated in response to actions of an indicated citizen during a criminal trial.
Verdict is found by unanimous support of Arbiters in Closed Chambers.
In consideration of the lack of procedures in submission or acceptance of guilty pleas at the time.
Of note: Provides provisional guidelines and is not set as precedent, states that citizens can input a guilty plea to the Conclave, pleas cannot be withdrawn after sentencing, withdrawal of the plea does not erase plea from the evidence record.

Judicial Review - “On Special, Acting, and Interim Delegates”

Review initiated in response to Delegate action (resignation)
Verdict is found by unanimous support of Arbiters in Closed Chambers
In consideration of the Concordat
Of note: introduced term “special election” as a non-scheduled delegate election, introduced term “Interim Delegate” and differentiated it from Acting Delegate", stated Article B Section 13 of the Concordat overrides normative term set out in Article A Section 2 in extreme cases, recognized the values of “Peace, Order, and Good Government” in the interpretation of the Concordat

Inquiry by Celeste Holland- “Question of Admission”

Inquiry initiated by citizen request, elevated to Review
Verdict is found by unanimous support of Arbiters
In consideration of the Concordat and the Standing Orders of the Magisterium
Of note: Conclave vote to elevate Inquiry to Review, ruling on positive obligation of Magisterium to conduct acceptance votes, affirmation of quorum requirements, ruling on ‘denial’ equivalence for Conclave petition.

Inquiry by Ramaeus- “Provost Removal of Magisters”

Initiatied by citizen request
No binding verdict reached
In consideration of the Concordat and the Standing Orders of the Magisterium
Of note: opinion rendered by Viceroy, supported by Arbiter, Conclave Order removing Magister

Inquiry by Delegate Xoriet - “Review for Potential Action”

Initiated by Delegate Request
The verdict is found by unanimous support of Arbiters
In consideration of the Concordat, the Dictum, and secondary case facts.
Of note: upholding of strict citizen rights to trial, ruling on Delegate ability to enforce and execute laws.

Inquiry by Old Federalia - “Question of Jurisdiction”

Initiated by citizen request
The verdict is supported by a unanimous vote of Arbiters
In consideration of the Concordat, the Jurisdiction Act, and “TEP v. Unibot”
Of note: ruling on a citizen’s right to trial, ruling on the absence of defence, ruling on non-citizen’s right to trial, ruling on application of East Pacific law to non-citizens, ruling on application of the Jurisdiction Act to off-forum services, ruling on use of Court Ordered Bans for “Failure to Appear”, use of the “Failure to Appear” ban

Consideration of Magisterium Standing Orders- “Unanimous Consent”

Initiated by Viceroy
The verdict is supported by a unanimous vote of Arbiters
In consideration of the Concordat and the Standing Orders of the Magisterium
Of note: Viceroy initates consideration, Provost solely represents Magisterium, Provost waives the right to defense, Conclave resolution nullifying Magisterium Standing Orders

Reversed Judicial Reviews

Consideration of Magisterium Standing Orders- “Majority Vote”- REVERSED

Initiated by Viceroy
The verdict is supported by the majority of Arbiters
The verdict is reversed by the full Conclave
In consideration of the Concordat and the Standing Orders of the Magisterium
Of note: Viceroy initiates consideration, Conclave resolution nullifying Magisterium Standing Orders, Conclave resolution requiring vote of full Magisterium to determine majority or super-majority, decision reversal

Precedent-Setting Criminal Cases

TEP v. Fedele- High Treason, Treason, and Sedition

The accused is found guilty of high treason, treason, and sedition due to the October 2019 coup.
The accused is permanently banned from The East Pacific.
In consideration of the Concordat and the Treason Act.
Of note: Conclave ordered ban from game-side region, Arbiter recuses to serve as defendant’s representation, interruption of trial by a citizen.

TEP v. Tim Stark- Treason

The accused is found guilty of Ommiting to Prevent Treason due to involvement of planning prior to the October 2019 coup.
The accused is banned from The East Pacific for three years from December 2019 to December 2022.
In consideration of the Concordat and the Treason Act.
Of note: Conclave ordered ban from game-side region, Prosecution requests extension, extension is granted, trial is extended for defendant’s response per President Arbiter’s discretion, defendant fails to appear for statement.

Non-Precedent-Setting Criminal Cases

url=http://forum.theeastpacific.com/topic/985584/1/#new]TEP v. Krayt III & Lord Zannah[/url] - Voter Fraud

The accused is found guilty of voter fraud
The accused is sentenced to a forum ban
In consideration of the Concordat and the Treason Act
Of note: guilty plea by the accused, ruling on timeline “technicalities”, Conclave ordered ban from the fourms, admin enacts court order to ban

TEP v. Anur-Sanur- Public Nuisance

The accused is found guilty of intentially being a public nuisance
The accused is banned from The East Pacific
In consideration of the Concordat
Of note: Conclave ordered ban from the forums, revocation of naturalization for unlawful acts

TEP v. Funkadelia- High Treason and Treason

The accused is found guilty of high treason and treason due to the October 2019 coup.
The accused is permanently banned from The East Pacific.
In consideration of the Concordat and the Treason Act.
Of note: Conclave ordered ban from game-side region.

TEP v. Lamb- Treason

The accused is found guilty of treason due to the October 2019 coup.
The accused is permanently banned from The East Pacific.
In consideration of the Concordat and the Treason Act.
Of note: Conclave ordered ban from game-side region.

TEP v. Davelands- Treason

The accused is found guilty of treason due to the October 2019 coup.
The accused is permanently banned from The East Pacific.
In consideration of the Concordat and the Treason Act.
Of note: Conclave ordered ban from game-side region.

TEP v. Tiber Septim- Failure to Appear

The accused is found guilty of Failure to Appear, after failing to meet an Arrest Warrant.
The accused is permanently banned from the East Pacific.
In consideration of the “Question of Admission” Judicial Review.
Of note: Viceroy Aelitia sets out an Arrest Warrant for Tiber Septim, Conclave orders ban of Tiber Septim, Viceroy Zukchiva closes trial.

TEP v. Moneyness- Failure to Appear

The accused is found guilty of Failure to Appear, after failing to meet an Arrest Warrant.
The accused is permanently banned from the East Pacific.
In consideration of the “Question of Admission” Judicial Review.
Of note: Viceroy Aelitia sets out an Arrest Warrant for Moneyness, Conclave orders ban of Moneyness, Viceroy Zukchiva closes trial.

Precedent-Setting Civil Cases

To examine the uses of ‘civil cases’ as put forward in the Standing Orders of Conclave. These trials will have verdicts forming precedent.

Non-Precedent-Setting Civil Cases

To examine the uses of ‘civil cases’ as put forward in the Standing Orders of Conclave. These trials will have verdicts but will not form precedent.

Appeals

To examine the uses of ‘appeals’ as put forward in the Standing Orders of Conclave.

Case Studies

Analysis or notes on special legal or procedural cases which may be useful for precedence or practice,

Administrative Rules

On Evidence and Procedure

Instituted to clarify and standardize a general approach to the handling of evidence in Trial
Of note: creates and bifurcates ‘evidence records’ for trial and pre-trial, sets timelines for evidence submission, self-limits against mistrial
Examples of Application:

On Acting Viceroyship

Instituted to extend on the process of Viceroyship/selection in the case of widespread absence of Conclave
Of note: allows the remaining Arbiters to act as Viceroy in truancy, invites Provost to conduct a Viceroy election in extreme cases, creates a position of ‘Viceroy Pro Tempore’ which cannot vote but shall procedurally conduct the conclave
Examples of Application:

Procedural Rules on Precedent Regarding its Use

Instituted to clarify what precedent is, and its standing in comparison to statutory/legislative law in court matters.
Of note: precedent is declared slightly below statutory law, three ways to use precedent in a trial or review, Arbiters may reverse a trial’s status of precedent while still enforcing its verdict

Administrative Rule: The East Pacific Attorney Office

Instituted to fulfill the right of Citizens to representation via a certified public attorney.
Of note: Lists who can and who cannot become an attorney, the duties of attorneys and clients, and ethical code for attorneys to follow.