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)
Holding
Case dropped
Panel membership
Brinkman CJ, Ward AG & J, Moore DAG & J, Tibbits J
Case opinions

Commonwealth v. Empire 1 T.C.M.I.L.R 1 was a proposed special landmark court case of the Commonwealth Micronational Court of Criminal Justice. It's purpose was 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.

Following the end of the Commonwealth-Empire War and continuation of other conflicts in 2022 and 2023, the Commonwealth v. Empire case was repealed from the CMCCJ on 22 May 2023 and six days later the court was dissolved.

Background

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.

Legal System

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.

Positions

The following were the positions and people to be 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