Lawsuit: Plaintiff Austi_Scot v. Defendant Oroigawa Koreyasu

[Allot]

Andrew Allot
Araxion Fortress, Elwynn
Advocate


Andrew Allot, Advocate, representing Austi_Scot, Moderator and Regulator of the Shirithian Mercantile Exchange
Plaintiff
vs.
Oroigawa Koreyasu, Steward of Shireroth
Defendant


Honourable Arbiter,

On behalf of Austi_Scot as Regulator and Moderator of the Shirithian Mercantile Exchange, I would like to charge Oroigawa Koreyasu with breach of contract and failure to settle debt. The evidence is as follows:

(I) That on [Macronational Date] March 13, 2009, Austi_Scot, as Regulator and Moderator of the sub-forum Shirithian Mercantile Exchange under the forum South End Business District, did post publicly the Stock Regulations.

(II) That the Stock Regulations read as follows:

5) Fees and Rates
d) The Seller must pay Austi_Scot 2 Erb per transaction and the Buyer must pay Austi_Scot 1 Erb per Transaction.

6) Changes to Stock Regulations:
c) By use of the Shireroth Mercantile Exchange you agree to these terms and thus verify by such use you will abide by them. Therefore you are responsible for following any changes upon them taking effect. So watch for changes, they will only be made here.

(III) That Oroigawa Koreyasu did offer to buy two bonds from the registered Orbat seller Microton Naval War Machine for the price of 20 per share.

(IV) That Oroigawa Koreyasu (ShireBank Account name: Liam conToketi) did pay the price for the actual shares to Austi_Scot via ShireBank on [Macronational Date] March 14, 2009, thereby creating a contract between him and the Shirithian Mercantile Exchange under section 6c of the Stock Regulations as seen in (II).

302 Liam conToketi Austi_Scot 80.00 Purchase of bonds 2009-03-14 20:49:34

(V) That the Shirithian Mercantile Exchange did recognize Oroigawa Koreyasu's payment.

(VI) That Oroigawa Koreyasu did fail to pay the transaction fee requested in section 5d of the Stock Regulations (as seen in (II)) to Austi_Scot.

(VII) That the South End Business District, as authorized and endorsed by both the Minister of the Interior and the Minister of Trade (both of whom represent the Kaiser) and all official regulations issued by its moderator (as authorized and endorsed by Minister of the Interior on behalf of the Kaiser) are legally binding.

(VIII) That by failing to pay an additional 2 to Austi_Scot upon the purchase of his bonds, Oroigawa Koreyasu did violate a legal binding contract between himself and the Shirithian Mercantile Exchange as seen above and did fail to settle a debt between himself and the Shirithian Mercantile Exchange as represented by Austi_Scot.

If necessary, I call the following witnesses:

1. Andreas the Wise, Minister of Trade
2. Ari Rahikkala, Minister of the Interior

EDIT: On behalf on the Shirithian Mercantile Exchange, I seek an immediate payment of the 2 by Oroigawa Koreyasu to Austi_Scot, and whatever ordeal the Judex deems necessary to enforce this payment.

Dated this [Macronational Date] 21 of March, 2009.



Andrew Allot
Advocate
Araxion Fortress
Elwynn

[Malliki]

Advocate,

please amend your claim with the remedy you seek. Please also inform the Steward of this lawsuit as soon as possible via email. I will hear the Steward after you amend your claim.

Tata...

[Allot]

Honourable Arbiter,

The claim has been amended above, and the Steward has been informed of the suit.

Thank you for your patience,

[Bailiff of Judex]

Blablabla. I think it's funny to register a paple and pretend to be someone that doesn't exist. Blablabla.

[Allot]

*Rises*

[Malliki]

Reply to "Bailiff of Judex":

I know who you are. One more post from you with either the double login "Bailiff of Judex" or your real login in this thread will be seen as contempt of court and handled accordingly.

[Malliki]

The defendant, Steward Koreyasu, has 48 hours from the timestamp on this post to reply to the charges brought against him here.

[Kaiser Agni I]

Since he may not regularly vhis forum, someone may wish to personally inform of the trial. This may need to be added to the procedures of a trial.

[Allot]

I informed him via PM since he did not have an email attached to his forum account.

[Rai Avon-El]

Your Honour,

Pardon me for stumbling in like this, but I was told by the wife of the Steward, Gilrean Treebane, that the Steward is abroad at the moment. He is expected to return with a few days.

[Malliki]

Thank you for that information. The Judex will await the return of the Steward.

[Oroigawa Koreyasu]

Hmm...I seem to have missed that clause...

Are you sure that was there when I bought the shares?

[Malliki]

Steward Koreyasu, this is not a discussion forum, this is a court room. Please make your opening statement and enter a plea of guilty or not guilty.

[Oroigawa Koreyasu]

I wish to be represented by another. Is there someone willing to represent me?

[Oroigawa Koreyasu]

Count Rai Avon-El of Cape Farewell shall be representing me in this court.

[Rai Avon-El]

Honourable Arbiter

Consider this the Defendant´s response in the pre-trial hearing.

First of all, the Defence is saddened that this case has come to this stage. After all, it´s about two erb (!) and not about a major supposed breach of contract. The Defence is further sned by the fact that the applicant issued no warning that it would seek a trial in the courts regarding the petty sum of two erb. This is disturbing. Allowing this trial would allow a precedence, which in the end would overflow the great halls of the Imperial Judex with cases of minor, frivolous substance.
Secondly, the Procedures of the Imperial Judex imply that the Arbiter shall open a trial upon the application from the applicant, should the Arbiter find the petition satisfactory.

RULE IV - TRIAL PROCEEDINGS
4.01 The Arbiter, upon beginning the trial, shall reiterate the following:
(a) the applicant;
(b) the defendant;
(c) the law(s) which has been allegedly broken

The Defence is not satisfied with the proceedings so far. The Defence will not make a plea before a trial has begun, and is not satisfied with the applicant´s not having provided the defence, nor this Judex, of which law has been broken.
I yield.

[Malliki]

There is no law requiring a breach of law for a case to be heard by the Judex, and definitely not for a pre-trial hearing to be held. That lapse in wording in the Procedures will be corrected after these proceedings. Regarding your concerns about these proceedings so far, I apologize for not adhering to the Procedures. I will do my best to improve.

I rule to hear this petition.

I give both parties 72 hours to prepare for the pre-trial hearing.

[Malliki]

Advocate Allot, please present your case.

[Allot]

Honourable Arbiter,

As opposed to wasting space and virtual paper, I will first direct the Advocate and the Arbiter to my first post in this thread, which constitutes the summary of my case. Here is the short summary of my arguments:

(VII) That the South End Business District, as authorized and endorsed by both the Minister of the Interior and the Minister of Trade (both of whom represent the Kaiser) and all official regulations issued by its moderator (as authorized and endorsed by Minister of the Interior on behalf of the Kaiser) are legally binding.

(VIII) That by failing to pay an additional 2 to Austi_Scot upon the purchase of his bonds, Oroigawa Koreyasu did violate a legal binding contract between himself and the Shirithian Mercantile Exchange as seen above and did fail to settle a debt between himself and the Shirithian Mercantile Exchange as represented by Austi_Scot.

On behalf on the Shirithian Mercantile Exchange, I seek an immediate payment of the 2 by Oroigawa Koreyasu to Austi_Scot, and whatever ordeal the Judex deems necessary to enforce this payment.

Should the Judex demand it, I will repost my first arguments. However, I feel the need to clarify a few things:

• As the learned Advocate for the Defense pointed out, there are no Shirithian laws stating that a debt must be repaid or a contract fulfilled. Therefore, as His Niftiness Kaiser Agni I pointed out in an alternate thread, this is a civil lawsuit, not a criminal one, and should be treated as such by all.
• Due to the lack of such laws, we as Shirithians rely on our common human honour in place of binding laws. Oroigawa Koreyasu has demonstrated a lack of such honour in the manner described above.
• I would like to respectfully remind the learned Advocate for the Defense that it is not a requirement for any party to settle out of court before going to court in any and all cases, and furthermore that it is not in any Advocate's jurisdiction to decide what suit is viable to be heard in the Imperial Judex and what is not. Only the Arbiter or the Kaiser may decide whether or not a case is, in the Advocate's words, "minor, frivolous substance". I object to such a statement.

Should there be any more information required, I will be happy to oblige.

I yield to the Judex's will.

Andrew Allot
Inquisitor for the Shirithian Mercantile Exchange
Araxion Fortress
Elwynn

[Malliki]

Mr. Avon-El, I leave the floor to you to respond to these allegations.

[Allot]

URGENT: My client has decided to not pursue this suit, and relinquishes all charges brought against the Steward. We seek no remedies.

Sincerely,

[Malliki]

Case dismissed.

[Alot]

URGENT: My client has decided now that he made a mistake in his hasty withdrawal a wishes to pursue this suit, and does not relinquish any charges brought against the Steward. We seek triple remedies and double ordeals.

Sincerely,

[Malliki]

*Brings out gun and shoots you*

You get out of here, you laadidaah poofter!

[Allot]

This can be unstickied, btw.