Post by Asairia on Feb 15, 2019 18:34:44 GMT
Saturday, July 8, 2017
in the case of:
The Queendom of Marrigoldria [Claimant]
vs.
The Empire of Kollin [Defendant]
Application:
Claimant nation(s): The Queendom of Marrigoldria
Defendant: The Empire of Kollin
Date(s) of alleged infractions: Sunday, July 2, 2017
Summary of facts and how this broke the law/rules or violated the Constitution: Abuse of 8.2 through 8.2.2 by means of targeting another nation who in turn left the region as a result. Kollin participated in attacking Manaeh in the discord which in turn caused for Manaeh to leave the discord and the region. Manaeh returned after many citizens telegrammed him to return but should not have felt the need to leave in the first place.
Remedy/Remedies sought: Public Apology and a one month long server mute in the discord except within the #vfrp channel to allow for the role-play to progress.
I, The Queendom of Marrigoldria, hereby certify the above to be correct to the best of my knowledge.
The Minister of Justice has judged your application meritorious. Trial transcript can be viewed here.
Judgement
ALAMEI, MINISTER OF JUSTICE:
First, I'd like to apologize for not being able to make this post sooner. Real life has reared its ugly head, and I haven't had much time to sit down and attend to NS matters as of late. Unfortunately, it appears the defendant has declined to respond to my summons.
1. On the morning of July 2, 2017, the defendant had an exchange with a then-newly arrived nation named Manaeh which resulted in his leaving the region temporarily. During the course of this conversation, Manaeh stated that he was having a bad day, and requested that the defendant explain themselves better and be less condescending, and that "no one acted like an ass", to which the defendant replied with a series of no less condescending - and some might say provoking - comments.
2. I firmly believe in a narrow interpretation of 8.2.2, lest every disagreement or perturbation end in litigation and free speech be unduly abridged. Therefore, I am hesitant to categorize as griefing what seems more akin to an argument taken too far.
3. That being said, it seems to me that nothing but grief could come from willfully ignoring Manaeh's requests for deescalation and deriding his "lack of subltetly" [sic] as indicative of a poor education after antagonizing him to the point of lashing out himself, particularly given the defendant's knowledge that Manaeh was "having a bad day" and would be more susceptible to such provocation.
Held: There was little discernible reason for the defendant to knowingly antagonize Manaeh except to cause him to become annoyed and/or upset, and thus the defendant acted in contravention of Article 8.2.2 of the Constitution.
IT IS ORDERED the defendant be prohibited from sending messages and speaking in voice chat in the regional Discord server for 2 weeks.
Judgment delivered:
Monday, July 17, 2017
Appeals
Notice:
Both Claimant and Defendant have the right to request leave to appeal where either:
- substantial new evidence has come to light, or
- the laws upon which this judgement is based have changed retrospectively.
Claimant and defendant have seven (7) days in which to request leave to appeal in this thread, or otherwise by personal message to the Minister of Justice.