Legion World Forums LEGION OUTPOST Mission Monitor Board Quislet's Super Law Firm...of Space!

the Office will be open tomorrow for legalish questions.

Is evidence against evil doers obtained by covert methods acceptable in a court of law?

Is exile a legally recognized punishment?

(Just planning ahead.)

Prior Planning Prevents Poor Punishments!

Dear Quislet,

I'm a Leader who was legally and rightfully elected in a fair and above-board election.

I've done my best to make these boards warm and friendly for everyone -- by welcoming new members, responding helpfully to questions and queries, and opening up my own home for the enjoyment of the entire populace.

Now, the people that I've worked so hard and selflessly to serve for the last couple of months are threatening to depose me, and even worse.

What sort of legal recourse do I have in preventing the greedy, ruthless usurpers from carrying out their foul schemes?

Signed,
I Am Not A Crook

first the standard lawyer response. It depends.

Covert methods may be used, but they must be authorized (usually by a court). And the authorization must be based on probable cause.

For example: Officer A thinks Bad Guy sells drugs out of his home. If Officer A, on his own plants a wire tap in BG's house, then the evidence from that wire tap would not be acceptable, because there is no authorization.

Now say Officer A goes to Judge J and says "I think BG sells drugs. Let me plant a wire in his house." Even if Judge J authorizes a wire tap, no probable cause has been stated to allow the authorization.

Say instead, Officer A says "I think BG is selling drugs in his house. The neighbors have been complaining about strange cars coming and going to the house at all hours. I have seen BG with Sammy the Drug Smuggler on this date, and this date, and this date, and again today." Now there is probable cause that BG is involved in an illegal activity and a wire tap can then be used to gather evidence against BG.

Also police officers are allowed to use deception when questioning a suspect. Such as on "Law & Order" when the detectives tell a suspect that they got back the lab results even if they haven't.


I don't think exile is currently a legally recognized form of punishment. Non-citizens can be deported, but that is not exile. I think in some high profile cases (say ex-leaders of countries), the courts offer the person a choice of voluntarily leaving the country or facing prison or execution. In those case, exile is self-imposed.

Well, STU if these people have engaged in any illegal activity, then they can be charged with those illegal activities. The government in bring those charges must prove by a preponderance of evidence (In some cases like for murder, the standard of proof becomes "beyond a reasonable doubt") that the defendant did commit the illegal activity. The Defendant then can offer evidence that they did not commit the activity or that even if they did, that there were mitigating circumstances.


Just to clarify though, expressing disagreement with government policies or actions and advocating a change in administrations (through legally accepted means) are not illegal activities. Also if a leader exceeds his/her/its authority, then the people have a right to demand that the leader stop doing such unauthorized activities and/or be removed from office.

Quick question - if you ask for a fried egg sunny-side up, and your egg is NOT sunny-side up when it comes and they refuse to replace it, can you sue the establishment for false description of their products?

Most likely not. Even if you could, what would be your damages? The cost of the egg? The filing fees would cost more than that.

You could refuse the proferred egg and refuse to pay for it. Of course the restauraunt would argue that they did prepare an egg for you and therefore you are liable to pay.


Now don't tell anyone I said this because I may get disbarred for it. Not every dispute should be settled through litigation.

I can't believe you said that! Hope no one heard you!

Quis,

As Chief of Security, I have been given the term for life, and I cannot be deposed unless I willingly resign or no longer live on Legion World. Since I haven't resigned, I'm still Security Chief, albeit without an office. The Royal Inquisitor has thus no legal reasoning for acting as Security Chief, and if we, of Legion World, submit to him, we are actuallly validating him and the dictatorship of Stu.

However, one of my powers as Security Chief is to be able to act as a judge in emergency matters of law. If, in theory, Fat Cramer hired you to present all the evidence agaist Stu, could I technically ensure that all the evidence could be used in the trial and then proceed to judge whether Stu must be deposed? Would then we be in the legal boundaries of our jobs?

I don't think so. As Varalant pointed out, I was appointed as Chief Magistrate of Legion World. So it would be my job to preside over any impeachment ("deposed" is the word for an extra-legal removal from office)and to determine what evidence is admissible.

Your power to act as a judge in emergency circumstances would not allow you to preside over an impeachment, as that is not an emergency.

As there is no offical prosecutor for Legion World, I could, in my office as Chief Magistrate, appoint a prosecutor. I could appoint you, but there may be a conflict between your duties as Chief Security Officer and the duties of being a prosecutor.

But, I think that is getting a head of ourselves. I think it must first be shown that there are grounds for impeaching STU. Then if there are sufficient grounds, there would be a trial in which the prosecutor presents her/his case, and then STU presents his.

Quislet, my old friend!

Here's a purely hypothetical question for you:

Suppose certain citizens of Legion World had committed some rather horrendous crimes against another citizen of Legion World in their past lives. Would said victim of such crimes have any recourse against the perpetrators in this lifetime?

I'd just like to know, in case a situation like that ever came up.

Quis,

Thanks for the info! I see now that it would have to be you as judge in any impeachment or major trial case (I had previously thought that you would be one of the lawyers).

As Security Chief, there would be a direct conflict of interest, so I could not act as a prosecutor. My main job would have to be gathering evidence to prove that there is grounds for impeachment.

Thanks!

Dr. Mayavale,

An interesting question. I would say that the Statutes of Limitations would apply in such cases.

All civil and criminal causes of actions have time limits in which actions can be brought before a court. Depending on the type of action, the Statute of Limitations (or time limit) can vary.

But there is also ways of tolling the Statute of Limitations. The most useful tolling for a plaintiff is Discovery. This is when you have been injured but do not know that you have been injured until after the Statute of Limitations has passed. Basically the Statute of Limitations for a personal injury is 3 years. But say years ago, you worked in a coal mine and were not given breathing masks. 10 Years after you retire from working in the mine, you develope Black Lung Disease. The Coal Mine would say that you passed the Statute of Limitations for filing a claim. But the court would allow tolling if you filed your claim within 3 years of discovering you had Black Lung Disease. Clear?

The longest Statute of Limitations is for the crime of Murder (and only the government can prosecute you for crimes. A cause of action for Wrongful Death would have a Statute of Limitations of, I think, about 3 years. You need to check the laws in your area). The Statute of Limitations for Murder is your lifetime. So if you killed someone when you were 18 and at age 99 you confessed, you could be prosecuted for murder (provided you hadn't already been tried and aquitted). But in your scenario, Dr. Mayavale, the person has died and has been reincarnated, therefore the Statute of Limitations would bar you or the government from any legal recourse.

Quis,

How does one go about having a statue declared Hazardous to public health? or safety? or Morality? or ANYTHING that will cause it to be removed from Legion World and Never EVER seen again?

Isn't this thread legally entitled to a place on page 1?

It depends Abin.

First, is the statue in question on public land or private property?

If it is on public land, then you would have to petition the government for its removal. You could use whichever reason you thought would have the most sucess for achieving your desired goal or removal. Even if you are successful, there is no guarantee that another might successfully petition the government (the current administration or a future administration) to reinstate the statue.

If the statue is on private property, you would have to show that the statue violates some statute or code. (for example, if there was a law stating that no statue could be over 6 feet tall or if the property was zoned as residential and there was a regulation prohibiting stauary in residential areas) There would be a hearing, in which the owne of the statue would be allowed to argue for the non-removal.

When will Legion World start issuing marriage licenses for triads, quads, and other groups? My bi quad wants to start booking a wedding chapel and a caterer!

(LW already issues legally recognized licenses for same-sex couples, and has always done so. We're far ahead of the rest of the United Planets on such matters of common sense.)

Greybird,

You seem to have forgotten the Carggite Treaty of 2983, in which the United Planet recognized group marriages as well as inter-sentient marriages. The treaty passed due to the politicing of Tinyo Wazzo of Bgtzl. It was rumored that his daughter had eloped with a Carggite.

So book that reception hall and save me a piece of cake! Cramer's Cafe has great cakes.

Hey Quis, what do you plan to do about the threat of...The Unbillables?

LY Lass,

well the only law I am practising right now is unbillable (pro bono)

For good?

I'll bet Quis hopes it's not for good!

Actually, when we had orientation at my law school, the dean explained what pro bono work was and I sat there thinking "That's what I want to do full time"

As for looking for paying legal work, there are a couple of things that are preventing me from looking.

Will you be required you recuse yourself from your lawyer duties here for the duration of your campaign (and term, if elected)? And if so, who is to be your locum tenens?