==============================  CFJ 1414  ==============================

    Frozen Players may Call CFJs.

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Caller:                                 G.
Barred:                                 Steve

Judge:                                  RedKnight
Judgement:                              TRUE

Appeal:                                 1414a
Decision:                               REASSIGN


Judge:                                  OscarMeyr
Judgement:                              TRUE

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History:

Called by G.:                           20 Sep 2002 16:31:22 GMT
Assigned to RedKnight:                  20 Sep 2002 18:18:53 GMT
Judged TRUE by RedKnight:               22 Sep 2002 17:29:56 GMT
Appealed by Maud:                       22 Sep 2002 18:38:59 GMT
Appealed by Steve:                      23 Sep 2002 00:35:03 GMT
Appealed by OscarMeyr:                  23 Sep 2002 01:37:21 GMT
Appeal 1414a:                           23 Sep 2002 01:37:21 GMT
REASSIGNED on Appeal:                   27 Sep 2002 06:37:42 GMT
Assigned to OscarMeyr:                  27 Sep 2002 06:43:51 GMT
Judged TRUE by OscarMeyr:               04 Oct 2002 02:30:26 GMT

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Caller's Arguments:

There are two interpretations of Rule 1016:

  1. frozen players are forbidden to do things explicitly set aside
     for non-frozen players where the rules explicitly refer to non-
     frozen players; eg, any time the rules say explicitly
     state "active players may".  Things like "contests" are allowed
     to all players, not explicitly allowed (only) to non-frozen
     players.  Therefore non-frozen players may join Contests, and
     do other things (like call CFJs).

  2. frozen players are forbidden to do things explicitly allowed to
     "Players" in general.  This is Steve's argument on a previous CFJ.
     Note that this prohibits a frozen player from calling a CFJ, as
     CFJs are explicitly allowed to be called by Persons, and Players
     are explicitly a subset of Persons, therefore Players are
     explicitly allowed to call CFJs.

Interpretation #2 prohibits a frozen Player from CFJing, thus given em
less rights then a deregistered player.

I also note that non-Frozen Players are explicitly permitted to be members
of Groups and Contests, so I am probably no longer permitted to be a
member of any Group or Contest.  ON THE OTHER HAND, I legally gave my
Consent to join these Contests, and perhaps (since Players are EXPLICITLY
PERMITTED to leave contests at any time) I can now NO LONGER LEAVE these
contests!  Contestmasters and H.  Notary, take note.  Also, H. Judge, note
the foolish consequences of the overbroad interpretion #2!

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Judge RedKnight's Arguments:

Upon reviewing the latest Registrar's Census Report I found that Goethe was
indeed frozen when e attempted to call this CFJ.  Also, upon review of the
recently requested Stare Decisis I found that this CFJ is listed as a CFJ.

Applying Rule 1768 (Evidentiary Status of Officer Reports) leads me to
believe that a frozen player can call CFJ's.  Therefore this court returns a
judgment of TRUE in this CFJ.

This court also encourages anyone who wants to pursue the matter further to
COE the Stare Decisis.

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Appellant Maud's Arguments:

The judge applied prima facie evidence without a second glance.

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Appellant Steve's Arguments:

That's getting things the wrong way around. First we need to establish
whether frozen Players can call CFJs, then we'll know whether to COE the
Stare Decisis. Relying on the Stare Decisis to prove the accuracy of the
Stare Decisis is circular argument.

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Appellant OscarMeyr's Arguments:

You know, I too smell some circular reasoning.

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Judge OscarMeyr's Arguments:

The Caller raises the question about the scope of the Frozen activity
level.  E offers two interpretations of R1016, governing activity
levels:  That a Frozen player either is not permitted to carry out any
Rules-defined action explicitly permitted to, or set aside for,
non-Frozen players; or that a Frozen player is not permitted to carry
out any Rules-defined action explicitly permitted to players in general.

R1016 states:  "A frozen player... is not permitted to perform any of
the actions defined by the Rules that non-frozen Players are explicitly
permitted by the Rules to perform...."  My interpretation of this rule
sided with the first, narrower interpretation -- that the explicit
permission includes the activity level.  In other words, the prohibition
applies only if an activity level is explicitly stated.

On the other manipulatory appendage, Trial Judge Goddess Eris ruled the
other way in CFJ 1413 (q.v.), siding with the second, broader
interpretation -- that explicit permission to players in general
includes implicit permission to non-frozen players, thus prohibiting
frozen players from carrying out the action in question.  At this time,
I have no basis to decide between Eris's interpretation and my own.

As it happens, I don't have to.  The action of submitting a CFJ is
governed by R991, which explicitly permits all persons to submit a CFJ,
without regard to Player status or activity level.  Rules 991 and 1016
are both of Power = 2.  R1016 takes precedence over rules involving
activity levels and powers & duties available due to activity level;
R991 does not involve activity levels at all.  So the two rules are in
conflict, have the same power, and neither claims nor yields
precedence.  Under R1030 (q.v.), therefore, R991 takes precedence over
R1016 due to its lower rule number.

Accordingly, I return a decision of TRUE.

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Judge OscarMeyr's Evidence:

Rule 991/5 (Power=2):
Invoking Judgement

      Any person may request formal resolution of a dispute pertaining
      to this Nomic by submitting a Call for Judgement (CFJ) to the
      Clerk of the Courts.  The submission of a CFJ constitutes proof
      of the existence of such a dispute.

      A CFJ should be a single clearly-labeled Statement whose truth
      or falsity can be determined using logical reasoning, assuming
      perfect knowledge.  A CFJ may be accompanied by Arguments,
      Evidence, or other related material; the Judge is encouraged,
      but not required, to take notice of these things.

      The Clerk of the Courts shall publish the text of a CFJ, along
      with any additional material submitted by the Caller (including
      but not limited to Arguments and Evidence), no later than the
      time e announces the identity of the first Judge assigned to
      that CFJ.

Rule 1016/13 (Power=2):
Activity Levels

      Each player has an activity level, which is always exactly one
      of active, inactive, and frozen.  A player's activity level may
      not be modified except by methods described explicitly in the
      rules.

      This rule takes precedence over each rule that regulates
      activity levels and the powers or duties that a player may have
      because of eir activity level.

      An activity level of active is higher than any other activity
      level.  An activity level of inactive is higher than an activity
      level of frozen.

      Whenever a player registers or reregisters, e becomes active.

      A player may lower eir activity level by announcing that e does
      so and indicating eir new activity level, unless the rules do
      not permit that player to change to that activity level.  If the
      player becomes inactive in this way, e may not become active
      until at least 96 hours after e last become inactive.

      An inactive player may become active by announcing that e does
      so, unless the rules do not permit that player to become active.

      A frozen player who has been frozen for at least 90 days may
      increase eir activity level by announcing that e does so and
      indicating eir new activity level, unless the rules do not
      permit that player to change to that activity level.

      "Off hold" and "on hold" are unambiguous synonyms for "active"
      and "inactive", respectively.  "put in cold storage" is an
      unambiguous synonym for "frozen".

      Only an active player may vote, make proposals, hold office, or
      be a Judge of a CFJ.  An inactive player may not be required by
      the rules to perform any duty or action unless the rules
      explicitly state that they can require inactive players to
      perform that duty or action.  A frozen player may not be
      required by the rules to perform any duty or action, and is not
      permitted to perform any of the actions defined by the Rules
      that non-frozen Players are explicitly permitted by the Rules to
      perform, with the exception of changing eir activity level, and
      deregistering.

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