It was determined that punishing persons should only occur in appeals so that defendants have closure in their cases. As such, if Ratto v. Vakil had instead been an appeal to ASUC v. SAES.
The Judicial Council is not responsible for interpreting the laws of California or the United States. They only consider the bylaws and Constitution of the ASUC. The appeals process exists so that errors in law can be corrected.
Revising the Judicial Rules of Procedure is performed by the Judicial Council and ratified by the Senate. The ruling that perjury cases should only be made as an appeal was an interpretation rather than a finding in law.
One can only provide punishment or remedy unto a person that is named as a plaintiff or defendant.
Discussion of the dissent from the Assistant Chair that said the candidates should have been disqualified:
"There is no way to proved whether we were influenced by outside factors" such as by attorneys.
Two people still dissented on the ruling despite the advice.
Questions:
A transcript or recording was not neccessary despite JRP 6.3.1 requiring some sort of audio recording device or written record because notes are taken by the justices. A written record does not neccessarily mean a transcript. - In response to Senator Nankin.
October 17 Daily Cal article stated that Mark Himelstein stated that a lawsuit was neccessary to intimidate the Judicial Council into reversing their decision. - Question about in what article "initmidation" was mentioned by Sen. Eunice Moon (involved me doing an extremely fast search and showing the article to Sonja Banarjee)
A witness may serve simultaneously as a spokesperson and witness. - Question from Sen. Asuncion about Suken Vakil's status as a spokesperson.
Cases filed after elections must invalidate entire election does not apply as the case dealt with a perjury violation. - Question from Pres. Gabriel about the result of the original case of Ratto v. Vakil.
Judicial Council is bound to uphold the JRPs, bylaws, and Constitution. Laws of California and United States are irrelevant. - Question from Sen. Asuncion about Mark Himelstein's influence.
"Rule for truthfulness" is that a person is held to the standard that a witnesss may not knowingly provide "untruthful testimony." - Question from Sen. Asuncion about the definition of "perjury".
Students need to enforce the rules, there is no omnipotent adult standing by. When persons attempt to circumvent the process, one is not allowing the Judicial Council to do its job.
Wednesday, October 25, 2006
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2 comments:
^^Thanks!!
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