DIS: Re: BUS: Proto: Judicial Cleanup

2007-06-26 Thread Kerim Aydin
Murphy wrote: > Point there. These could do with some alternative cleanup, > though; revised proto coming up shortly. The revised proto looks very nice, good choice of wording. -G.

DIS: Re: BUS: Proto: Judicial cleanup

2007-06-25 Thread Zefram
Ed Murphy wrote: > An inquiry is a CFJ that is not a lawsuit. Good terminology. > A binding agreement is an agreement made by two or more players > with the intention that it will be binding (i.e. that they > become parties to it and agree to be bound by it). Is it intentiona

Re: DIS: Re: BUS: Proto: Judicial Cleanup

2007-06-24 Thread Zefram
Ed Murphy wrote: >>You're removing all the civil remedies. Is that intended? > >Yes, they're largely redundant with Rule 1504. R1504's penalties are of a criminal flavour. R1742 (i) and (ii) are equity-style civil remedies. Quite different. >> If so, you may as well drop the "Civil CFJ" termin

Re: DIS: Re: BUS: Proto: Judicial Cleanup

2007-06-24 Thread Ed Murphy
Goethe wrote: Murphy wrote: > You're removing all the civil remedies. Is that intended? Yes, they're largely redundant with Rule 1504. No, they aren't. Punitive damages are in R1504, but you've deleted a cornerstone of justice, the ability of a judge to assess compensatory (e.g. non- punit

DIS: Re: BUS: Proto: Judicial Cleanup

2007-06-24 Thread Kerim Aydin
Murphy wrote: To clarify: Currently, rule violations are punished by Rule 1504 (and/or Rule 1742 since the Rules are treated as an agreement), while agreement violations are punished by Rule 1742. Under this proposal, rule violations would still be punished by Rule 1504, while agreement vio

DIS: Re: BUS: Proto: Judicial Cleanup

2007-06-24 Thread Kerim Aydin
Murphy wrote: > You're removing all the civil remedies. Is that intended? Yes, they're largely redundant with Rule 1504. No, they aren't. Punitive damages are in R1504, but you've deleted a cornerstone of justice, the ability of a judge to assess compensatory (e.g. non- punitive) damages:

Re: DIS: Re: BUS: Proto: Judicial Cleanup

2007-06-24 Thread Ed Murphy
Zefram wrote: Ed Murphy wrote: Amend Rule 1742 (Agreements) to read: You're removing all the civil remedies. Is that intended? If so, you may as well drop the "Civil CFJ" terminology. To clarify: Currently, rule violations are punished by Rule 1504 (and/or Rule 1742 since the Rules are

Re: DIS: Re: BUS: Proto: Judicial Cleanup

2007-06-24 Thread Ed Murphy
Zefram wrote: Ed Murphy wrote: A subject SHOULD NOT be pursued through a new CFJ, but rather through Appeal. "An appealable subject". Amend Rule 1742 (Agreements) to read: You're removing all the civil remedies. Is that intended? Yes, they're largely redundant with Rule 1504.

DIS: Re: BUS: Proto: Judicial Cleanup

2007-06-24 Thread Zefram
Ed Murphy wrote: > A subject SHOULD NOT be pursued through a new CFJ, but rather > through Appeal. "An appealable subject". >Amend Rule 1742 (Agreements) to read: You're removing all the civil remedies. Is that intended? If so, you may as well drop the "Civil CFJ" terminology. -zefr