Judgement 42 (Wes) Tue Sep 28 20:13:10 GMT 1993

There is no Rule in the current Rule Set which would take precedence over
the Rule which would be created by Proposal 537, should it pass.

Judge: Chuck Carroll (accepted 28/9/93)

Judgement: FALSE (made 30/9/93)

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Justification:

[Summary for those who don't want to read through my
doctoral thesis in legal science: Rules 312 and 423 definitely take
precedence; 406 and 446 probably do, too.]

First, let me say that, by my reading of Rules 111 and 212, that the
concept of "precedence" only applies when there is a conflict between
rules.  Otherwise, one might argue that rule 201 takes precedence over
537.  (Throughout these "reasons and arguments" I refer to "the Rule
which would be created by Proposal 537, should it pass" as "537.")
(Fortunately, there are currently no rules which have blanket
statements such as "this rule takes precedence over all other rules."
Another reason I was opposed to 510.)

Most rules which specify a change of points do not specify *when* that
point change takes place.  By game custom, they are applied when the
event that caused them to occur happened.  But this is not legislated,
so in those cases 537 would be valid.

However, there are some rules which *do* specify when a point change
happens.  These are rules 312, 385, 406, 423, and 446.  Three of these
five rules (385, 406, and 446) give points for actions which could not
occur when a player is on hold.  And 385 specifies only a loss of
points, not a gain of points.  For example, rule 406 specifies that the
COTC gains eir salary every seven days after assuming office.  But the
COTC cannot be on hold.  However, I would argue that this rule (as well
as 446) does take precedence over 537, as nowhere *in 406* does it say
that the COTC may not be on hold.

Admittedly, though, this is debatable.  But looking at rules 312 and
423, the case is quite clear.  Both of these rules specify both a gain
of points and the time at which these gains occur; and even under the
current ruleset, a player on hold may gain points by these rules.
(Indeed, Alexx has recently gained several points while on hold by
these rules.)  Rule 537 a) conflicts with these rules, by specifying a
different time at which the points are to be gained; and b) does not
claim precedence over 312 or 423.  Therefore, by rule 212, rules 312
and 423 take precedence over 537.

Chuck
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Proposals and rules referenced:

PROPOSAL 537 (Wes)

Winning while On Hold
(Creates a Rule)

If the Rules indicate that a Player should recieve enough Points to
Win the Game while that Player is On Hold, e shall not actually
recieve those Points until e is no longer On Hold.



111.  In a conflict between a Mutable and an Immutable Rule, the
      immutable Rule takes precedence and the Mutable Rule shall be
      entirely void.  For the purposes of this Rule a Proposal to
      Transmute an Immutable Rule does not "conflict" with that
      Immutable Rule.
 
212.  If two or more Mutable Rules conflict with one another, or if
      two or more Immutable Rules conflict with one another, then the
      Rule with the lowest ordinal Number takes precedence.
        If at least one of the Rules in conflict explicitly says of
      itself that it defers to another Rule (or type of rule) or takes
     precedence over another Rule (or type of Rule), then such
      provisions shall supersede the numerical method for determining
      precedence.
        If two or more Rules claim to take precedence over one another
     or defer to one another, then the numerical method again
      governs.

312.  If a Voter votes, he gets one (1) point at the end of the Voting
     Period.

385.  Correcting Proposals
      At any time not less than 24 hours before the end of a Voting
      Period for a given Proposal, the originator of that Proposal
      (and no other Player) may issue a 'corrected' version of that
      Proposal to the Benevolent Speaker.  This Proposal replaces the
      original Proposal. Any Votes cast on the original Proposal are
      discarded, as is the original Proposal itself; the voting for
      the original is never completed.  The corrected version is
      issued as a new Proposal, with a new Number and a new Voting
      Period starting from its time of issuance.  As a penalty for
      not getting things right the first time and bogging down the
      legislature, the correcting Player loses three Points upon the
      removal of the original Proposal.

      A Proposal may also simply be withdrawn by the originating
      Player during this time period, without any new Proposal
      replacing it, but the Player must still lose three Points.

406.  Clerk of the Courts, Part I: Definition of Office:
      There shall exist an Office "Clerk of the Courts", who shall
      have general responsibility over administering Calls for
      Judgement, as outlined in the Rules.  The active Clerk of the
      Court may never be selected as a Judge.

      As a salary for carrying out his duties, he will receive 5
      points at the end of every seven days he is in Office, counting
      from his assumption of the Office.

      The initial holder of this Office shall be the Player who
      submitted this Proposal.

423.  "Remove Vote-Based Point Awards":
      When the Voting Period for a Proposal is over, the proposer gets
     F-A Points, where F is the Number of Votes For, and A is the
      Number of Votes Against. The total gain or loss to the proposer
      for a single Proposal outcome is limited to plus or minus 10.
      No Points are awarded to or taken from Voters by this Rule.

      This Rule takes precedence over and completely nullifies Rule
      308, 302, and 211, should any of these still be valid Rules.

446.  WIN FABULOUS PRIZES IN THE E-NOMIC SECRET WORD SWEEPSTAKES!
      Prior to the beginning of each week beginning at Noon in the
      Zealous Speaker's time zone, a designated Sweepstakes Officer
      shall select a secret Word and add five Points to the
      Sweepstakes Jackpot. The Word must be defined in a standard
      English dictionary. The Sweepstakes Officer shall not divulge
      the secret Word to any other Player unless and until the first
      usage of that word by another Player in a message posted to the
      listserv during that week. At that time, the Word is made public
     and the Player who first used the word shall receive the Points
      in the Sweepstakes Jackpot and become the next Sweepstakes
      Officer. If no other Player uses the secret Word during the
      week, the Sweepstakes Officer shall select a new secret Word and
     any points in the Sweepstakes Jackpot remain to be won in
      subsequent weeks.

      The first week to which this Rule applies will be the first one
      beginning after adoption of this Rule, and the first Sweepstakes
     Officer shall be Jim Shea.