Lawsuit: Dismissed stinkycow v Government of Stratham

[stinkycow]

In The Distinguished Court of The Stratham Republic
Date: 12/22/21

stinkycow

v.

Parliament of the Stratham Republic

I. Description of Case
The Parliament has published a bill that violates and changes the Constitution of Stratham.
https://mcbusinesscraft.com/forum/threads/office-of-the-prime-minister-act.14908/#post-63569

This bill should have been a constitutional amendment, it is trying to edit the constitution in several ways:

1. It renames a government role stated in the constitution as "Minister without Portfolio" to "Special Advisor"

2. "Special Advisors" are removed as full fledged ministers and are able to be "Hir(ed) and fir(ed)" by the Prime Minister without nomination (Section 4.3a / Section 4.4d) and placed "under the Office of the Prime Minister."

3. This bill creates four new government roles that are not payed (Chief of Staff, Deputy Chief of Staff, Press Secretary, Director of Communications). According to the Constitution "Players who are employed have the right to fair pay and will receive a minimum wage of at least 10 krunas per 15 minutes or through commission-based pay." This right has no exception or provision for government workers. The SoP Dusty_3 (witness 1), Vice Chairman of the SPA, who likely works closely with UnityMaster as a member of the SPA officer board, made several statements in Parliament chat indicating that these members would not be receiving pay. These positions are not volunteer work, the bill specifically calls them "staff positions" that go through "Hiring and firing."

4. This bill gives the Prime Minister the power to hire players without nomination, a currently unprecedented and illegal action according to our constitution.
Currently "All members of the cabinet are appointed and dismissed by the Prime Minister." while Ministers "appoint and dismiss members of their respective departments." This "office" is not a department and is not the cabinet, meaning that the Prime Minister nor any Minister can legally hire or fire members of this office. Furthermore, all positions appointed by the Prime Minister are nominated, including Prosecutor and Ambassador. There is no recent precedent of a Prime Minister directly hiring government employees without a nomination.


II. Parties
1. stinkycow
2. Government

III. Sequence of Events
1. Member of Parliament UnityMaster drafts the bill "Office of the Prime Minister Act"
2. "Office of the Prime Minister Act" receives a majority vote from Parliament.
3. Prime Minister Krix approves bill and it is enacted into law.

IV. Claims for Relief
We ask that the court uses judicial review to declare this bill unconstitutional.

V. Witnesses

1. I'd like to call SoP @Dusty_3 to stand under the pretense that his statement in Parliament chat cannot be disclosed without court order, statements that I find very essential to the clear understanding of point 3 of my case description.

 

[TeddyTaps230]

@Krix is hereby summoned to the court to acknowledge the case. If the Defendant, @Krix , does not acknowledge the case as a reply in 2 days, the case will close in the Plaintiff's favor.

Court is in Session

This case is presided by Judge MxZxPredatorZx Bear in mind to not reply to court cases unless summoned by the Judge!

I also request @stinkycow provides proof of lawyer qualification.

I also summon @Dusty_3 to the court to provide a statement based on accusations of comments made as crucial evidence to this case.

Please remember that lying to the court is contempt of court and is punishable

 

[Dusty_3]

Hello your honor,

In response to Stinkycows claims:

I made statements in Parliament chat that the bill in question does not mention pay. I do not know with certainty whether or not the bill was intended to be volunteer work.

And if I might add, currently this bill is awaiting approval or veto on the PMs desk, meaning this is currently not an Act of Parliament. Until this becomes an Act of Parliament, the Government has not made a decision, therefore Judicial review does not legally cover this act rendering this case moot.

I hope this helps

 

[TeddyTaps230]

Hello your honor,

In response to Stinkycows claims:

I made statements in Parliament chat that the bill in question does not mention pay. I do not know with certainty whether or not the bill was intended to be volunteer work.

And if I might add, currently this bill is awaiting approval or veto on the PMs desk, meaning this is currently not an Act of Parliament. Until this becomes an Act of Parliament, the Government has not made a decision, therefore Judicial review does not legally cover this act rendering this case moot.

I hope this helps

I thank you for your statement.

I will await to here a motion to dismiss or a defence opening statement from @Krix before proceeding.

 

[stinkycow]

Proof of Lawyer Qualification your Honor,

 

[Krix]

Your honor,

I motion to dismiss this case on the grounds that:

Quite simply the bill in question has been vetoed, therefore judicial review would not apply. This case now has no claim to relief, it is a pointless case.

https://mcbusinesscraft.com/forum/threads/office-of-the-prime-minister-act.14908/

Thank you

 

[stinkycow]

Your honor,

As it seems the Prime Minister has taken it upon himself to retroactively veto this bill I will not be making any defense against the claim to dismiss.

Thank you

 

[TeddyTaps230]

Your honor,

I motion to dismiss this case on the grounds that:

Quite simply the bill in question has been vetoed, therefore judicial review would not apply. This case now has no claim to relief, it is a pointless case.

https://mcbusinesscraft.com/forum/threads/office-of-the-prime-minister-act.14908/

Thank you

Motion granted and case dismissed. I do request that next time you use the correct formatting when filing motions or statements.

That is all

The Court is now adjourned.

Court Adjourned

This case was presided by Judge MxZxPredatorZx