Commonwealth v. Empire
|Commonwealth v. Empire|
|Commonwealth Micronational Court of Criminal Justice|
|Submitted 11 September, 2022|
Argued 26 September, 2022
|Full case name||The Tauranga Commonwealth of Micronations et. al. v. the Leaders of the Empire of Him et. al.|
|Citations||Commonwealth v. Empire CMCCJ BCJ 1 T.C.M.I.L.R. 1 (2022)|
|Brinkman CJ, Ward AG & J, Moore DAG & J, Tibbits J|
Commonwealth v. Empire 1 T.C.M.I.L.R 1 is a proposed special landmark court case of the Commonwealth Micronational Court of Criminal Justice. It's purpose is to try and convict the leaders of the Empire of Him for breaching the procedures of the Philosostan Convention.
On 21 September 2022, the two main heads of the trial decided to hold change the submission of the action from a trial to a legal suit. The CMCCJ approved the case and announced for it to be conducted on 26 September 2022.
On 7 September 2022, with the recent establishment of the Philosostan Convention, Secretary General Ethan Brinkman and Ward Empire Representative Ben Ward agreed that an intergovernmental justice is required for the Commonwealth on 7 September the Commonwealth Micronational Court of Criminal Justice was formed. With the forming of the CMCCJ, the two heads, with Brinkman as the Chief Justice as he was in the Arstotzkan Union and Ward as Attorney General both agreed that a legal case must be brought against the Empire in an effort to punish them for their crimes against humanity and violations of the Philosostan Convention.
With a legal case against the Empire having been submitted to the court, the question came about as to how the case would operate, Chief Justice Brinkman proposed basing it on the Arstotzkan Law System as the system had seen success in July with the ruling of the Confederacy v. Arstotzkan Union case in the Arstotzkan Union's Supreme Federal Court.
Several issues arose however. Firstly was the matter of where would the transcripts and evidence lie and be contained. The Arstotzkan Union which had begun using their own form of the American and New Zealand legal systems (as Brinkman had a passed a New Zealand University Law Paper regarding the functions of New Zealand Law), in this they formed the Arstotzkan Union Law Reports and then the question was where would they lie. Brinkman proposed creating the Tauranga Commonwealth of Micronations Intermicronational Law Reports. This was approved by Ward.
The second issue was around how the trial would operation. Brinkman claimed that the trial should operate in a modified jury ruling. Where the two councils need to convince the judge on their points of view to allow them to make a ruling, however Ward wanted it to operate similar to a supreme court hearing and have multiple justices decide on the case. Deputy Attorney General, Moore stated that the operations of the court should follow the ideas of Brinkman as he has stronger legal experience. Ward was eventually convinced.
Ward eventually conceded the final demands of Brinkman and allowed him to organize the trial as he saw fit, still remaining as the legal council for the Commonwealth.
The following are the positions and people involved in the trial
|Name||CMCCJ Role||C v. E Role||Representing||Nation of Origin|
|Ethan Brinkman||Chief Justice||Judge Presiding||N/A||Arstotzkan Union|
|Ben Ward||Attorney General||Legal Council for the Plaintiff||Commonwealth||Ward Empire|
|Grayson Moore||Deputy Attorney General||Legal Council for the Defense||Empire||Grayson Country|
|Elijah Tibbits||Justice||Deputy Council for the Prosecution||Commonwealth||Confederate Democracy of Gamers|