Appeal (Khan of Cbgfall v Elw. Inh. Fund)

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Adam
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Appeal (Khan of Cbgfall v Elw. Inh. Fund)

Post by Adam » Thu Jan 19, 2017 9:52 pm

Agha Arbiter

This is an appeal from Court Decree on Petition No. 1 of 1644 (Dravot v Estate of Kaiser Dominus) of the Court of Session of the Court of the King's Chamber in the Elwynnese Union.

A:
Prince Adam Anushiruwân Hilding Ayreon-Kalirion ibn al-Majeed bin Sathrati of Waffel-Paine, Khan of Cabbagefall

B:
Elwynnese Inheritance Fund


C:
Upon the tragedy of the death of His Late Imperial Magnificens Kaiser Dominus, had left behind him a last will and testament, registered among the authorities of the Elwynnese Union, and the Kingdom of Goldshire. In that last will and testament, I was granted a significant portion of now late Kaiser’s estate.

However, Agha Dravot Sahib, Administrator of the Tarjeisson Trust, petitioned the Court of Session of the Court of the King’s Chamber (“the Court”) where he deliberately asked the Court not to recognize my share of the late Kaiser’s estate, because he believed (wrongfully) that I was involved in the death of the late Majesty.

I was not allowed to defend myself (if I had been able to, I would have introduced proof that I had alibi during the time of death of his late majesty). In fact, I was not aware of any proceedings until the judgment had come. Accordingly, my lawful portion of the late Kaiser’s estate was forcefully taken from me, against the law.

I quote from the Court’s decree:
This Court also confers authority for the disbursement of monies, properties and offices in accordance with the provisions of the Last Will and Testament of Thorgils Tarjeisson, save for the payments that were to be made to Adam Ayreon-Kalirion and Ludovic Alixion-Verion. As the two of them were major and very willing participants in the creation of the circumstances leading to the untimely death of Thorgils Tarjeisson, it would undisputedly constitute unjust enrichment if they were to receive anything from the Estate of Thorgils Tarjeisson.

The Court hereby orders that the sums which were earmarked for Adam Ayreon-Kalirion and Ludovic Alixion-Verion in the Last Will and Testament of Thorgils Tarjeisson shall be awarded to the Elwynnese Inheritance Fund.
I have not been aware of any suspicion against me that I would have been involved in the late Kaiser’s death.

The Court’s decree is in direct violation of the Elwynnese constitution.
Ch III, 8. Whenever a person is accused or charged in accordance with law with an offence, the person has the right to be presumed innocent until he or she is proved guilty according to law in a trial that is public and impartial.
I have neither been accused or charged with an offence under the law. Even if I had been accused or charged, I would still have the right to remain innocent until a Court had found me guilty under the law in a trial that is both public and impartial. The Court decree does not recognize this.

This appeal is lodged under Ch III, section 7 of the Elwynnese Constitution (“Everyone within the Union has right to, without having to purchase it, recourse to the laws for all injuries and wrongs that he or she may have received in person, property or character. The individual enjoys freedom to obtain right and justice freely in conformity with law.”) and the Lawbook, Ch. 3, A, 2 (“The Imperial Judex shall have appellate jurisdiction for the judicial bodies in the Imperial States, and shall in its appellate rulings be bound to follow the law of the Imperial State in question, unless it deems Imperial Law to be constitutionally valid for the question”).

May it therefore please the Judex to grant this appeal, and order the Elwynnese Inheritance Fund to transfer me the sum of 2 000 000 erb.


D:
The Constitution of the Elwynnese Union, Ch. III., section 7.
The Constitution of the Elwynnese Union, Ch. III., section 8.
Court Decree on Petition No. 1 of 1644 (Dravot v Estate of Kaiser Dominus) of the Court of Session of the Court of the King's Chamber in the Elwynnese Union.
Lawbook: Chapter III, A, 2

E:

The Last Will and Testament of Kaiser Dominus Thorgils Tarjeisson Einhorn Ettlingar Verion

F:
N/A

G:
N/A

H:
N/A


Humbly signed,

Prince Adam Khan
Adam Anushiruwân

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Malliki Nur Pinito
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Re: Appeal (Khan of Cbgfall v Elw. Inh. Fund)

Post by Malliki Nur Pinito » Fri Jan 20, 2017 9:55 am

PER CURIAM

I am going to disregard the formatting error in this appeal, the respondent should be the applicant from the original case.

There is no established right to intervene in an appeal in statute or case law in Shireroth. Such a right might exist or might be granted under the common law of Shireroth. Upon a review of the findings of the Court of Session of the Court of the King's Chamber in the Elwynnese Union I see no reason to grant the appeal. The intervenor incorrectly applies the rules of evidence and presumption of innocence in the application. In civil court, the parties may introduce any evidence they see fit. Civil disputes are settled on the preponderance of evidence, not beyond a reasonable doubt. A person can be reasonably guilty of a criminal offense for the purposes of a civil case without having been charged or convicted for the offense in a criminal court. The Court of Session has found it to be more likely than not that the respondent in the original case had an undue involvement in the death of the Kaiser. This Court finds no reason to second-guess that conclusion.

Writ of certiorari is denied.
Malliki Nur Pinito

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Adam
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Re: Appeal (Khan of Cbgfall v Elw. Inh. Fund)

Post by Adam » Fri Jan 20, 2017 3:43 pm

Burn... :(
Adam Anushiruwân

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Tokaray al-Osman
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Re: Appeal (Khan of Cbgfall v Elw. Inh. Fund)

Post by Tokaray al-Osman » Fri Jan 20, 2017 3:47 pm

Adam wrote:Burn... :(
What need have a Steward of the writ of law when, by the stamp of his foot, he can summon forth legions?
His Imperial Magnificence Aurangzeb II Steffki, Kaiser of the Imperial Republic of Shireroth, Thane of the Shirelands, Keeper of the Apollo Legacy, Wielder of the Sword of Vengeance, Grand Master of the Orders of the Dragon, Griffin, Phoenix, and Chimera, Sovereign of the Golden Mango Throne.
Dr Tokaray al-Osman KBH, Commissioner of the Chamber of the Crypteia, Emir of Jadid Khaz Modan, Annexer of Yardistan

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