Lawsuit: Adjourned The State v. M_Lasai (Case No. 10-2020-13)

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Nacho

Senior Administrator
Senior Administrator
Donator
Judge
Environment & Recreation Department
Nacholebraa
Nacholebraa
IN THE COURT OF DEMOCRACYCRAFT
CIVIL ACTION


The State
Plaintiff
(Nacholebraa Representing)

v.

M_Lasai, Deputy Speaker of the House
Defendant

COMPLAINT
The Plaintiff complains against the Defendant as follows:
On the thirteenth of October, top-level officials witnessed the defendant make in an official capacity a claim to be auctioning “My seat in the House of Representatives”. The State wishes to contest this action by deeming it as a corruption of a government official.

WRITTEN STATEMENT FROM THE PLAINTIFF

I. PARTIES
1. The State
2. M_Lasai, Deputy Speaker of the House

II. FACTS
1. On the 13th of October at 2:14 PM Eastern Time posted an auction in his bid room on the DC Bid Discord for his House of Representative Seat.
2. Made reassuring prompts that “I’m dead serious about this”
3. Made further reassuring prompts to bidders of “I’ll make this happen”.

III. CLAIMS FOR RELIEF
1. The Defendant used his public office position to benefit his personal interests.
2. The Defendant mislead bidders into purchasing a false title

IV. PRAYER FOR RELIEF
The Plaintiff seeks the following from the Defendant:
1. Fine of $5000.
2. Removal from public office.
3. Public apology.
4. Permanent injunction barring the defendant from public office for 1 year.



DATED: This 13th day of October 2020




 

Nacho

Senior Administrator
Senior Administrator
Donator
Judge
Environment & Recreation Department
Nacholebraa
Nacholebraa
Your Honor,

The State would like to request that the court issue an Emergency Injunction, in regards to preventing the Defendant from creating more auctions in regards to his House seat, as well as protect the citizens from falsely purchasing an item that cannot be sold.
 

M_Lasai

Citizen
IN THE COURT OF DEMOCRACYCRAFT
MOTION TO DISMISS

The State,
Plaintiff

v.

M_Lasai,
Defendant

Case no: 10-2020-13

MOTION TO DISMISS
Defendant move that the complaint in this case be dismissed, and in support thereof, respectfully alleges:

1. The State has not filed the above suit via the Attorney General's office, nor has Nacholebraa provided evidence of his representation of the State. Therefore, the State has no counsel in this case and can not adequately pursue legal action.
2. To be guilty of corruption, one must make an overt act towards unlawful activity. While I do not contest my attempt to sell my seat in the House of Representatives, such an attempt does not constitute corruption because no money has ever traded hands, nor has my seat in the House of Representatives been vacated. Thus, no overt action or explicitly unlawful activity has taken place, as no thing of material or political value ever traded hands.
3. The legal concept of mens rea or the guilty mind does not apply in this case as it is a) not codified by the laws of DemocracyCraft in any way, and b) merely suggesting activity that is unlawful does not constitute unlawful activity.
4. If it pleases the Court, I will cite as persuasive precedent (as opposed to binding precedent) the First Amendment to the United States Constitution and the case of West Virginia v. Barnette. In this case the Supreme Court of the United States held that the State may not compel an individual to profess speech against their will. This holding should be applied in this case to render null and void the Plaintiff's prayer for relief in Section IV.3 above if proceedings are to continue because the Charter of Rights and Freedoms of DemocracyCraft's Section VI, the right to political expression, due to its substantial similarity to the First Amendment to the United States Constitution.
5. Section II.1 of the above brief is incorrect, as my office has in no way personally benefited me outside of the compensation given by the State. A claim to the contrary is invalid because, as stated above, no actual transaction has taken place.
6. Section II.2 of the above brief is incorrect, as no sale has been made.

Due to the facts stated above, the State has no grounds for a suit against me, and I humbly ask the Court to dismiss all charges.
 

UtahCowboy20

Citizen
Donator
Justice Department

Verdict

The defendants request to dismiss the case is denied. As the urgency of this affair called for immediate action.

Both sides have made their case, it is apparent that the defendant has made a mockery of not only our constitution and system of government but, showed clear disregard for the citizens of this state.
The court rules in favor of the state. At this time the court will issue a Writ of Execution, In order to enforce that the debt is paid. The department of justice will carry out this writ in accordance with the statutes.

The defendant is ordered to make a public address to apologize for their transgression. If the defendant fails to comply with this order they will be found in contempt.

The defendant will be fined a total of $5000.

The defendant is barred from running in any election for a total period of two months.

Seized assets should be auctioned by the government until the debt is fulfilled.



Seized assets should be auctioned by the government until the debt is fulfilled.[/verdict]
 
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