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CASE FORMAT
The Court Docket: This web-site will act as a court=s docket. Both defendant and complainant will be given the opportunity to present their version of the issue or issues at hand.
The Jury: You, as our patrons, will sit as the jury. You will have the freedom throughout the presentation of the issue before you to query both the defendant and complainant. You will even have the right to question the prosecution and the defence whenever you see fit. Additionally, should you deem it necessary you will have every opportunity to challenge the authenticity of every piece of evidence presented before you. As the jury, your doubts must be completely dispelled before you come to your personal verdict. Therefore, it is essential that you question anything and everything, be it from complainant, defendant, the prosecution, or the defence, if you are uncertain of which direction you should take in assessing credibility of whatever is being presented.
The Prosecution: The prosecutor and prosecution will follow the rules governing prosecuting attorneys as fundamentally understood by the general public in both Canada and the United States. In other words, the prosecution=s first responsibility is to the discovering and presenting of the truth of the issue at hand. The prosecution must present all evidence whether it assists the prosecutor=s case or not. The prosecution will present the case in favour of the complainant by highlighting and connecting facts supportive of the complainant=s case. The prosecution will be allowed to argue any point it feels appropriate so long as it demonstrates that its argument is supported by rational reason and where possible by impartial, unbiased expert opinion. The prosecution will not, however, be permitted to manipulate the facts for whatever reason. The prosecutor will not have the right to deny the defence any opportunity to present any material it deems necessary regardless of how trivial or unrelated it might seem. The only exception to this would be lengthy advertisement beyond one page per chapter. With this advertising restriction placed upon the heads of the defence and the defendant, as beyond the single page per chapter, such a defence should and could only be interpreted as an attempt to brainwash you the juror, so too the prosecution will not be allowed to babble-gab so as to bore or lull you the juror to accept the argument simply by repetitious mind numbing mumbo-jumbo.
Warning to Jury: As we, who are managing this web-site, are in charge of the prosecution, and as I must shamefully admit that at times I do find it difficult not to go on and on, it is only appropriate to inform you, the jury, that you must police me and this web-site as well so that its integrity is maintained.
The Defendant(s): It should be noted that the number of defendants in any case may increase as the preliminary case proceeds. As an example:
Although only (a) the preliminary defendant will be labeled as Defendant each and every defendant (b through e) will be afforded the same rights to defence.
The defendant(s) will have every opportunity to defend themselves by whatever means they choose while the proceedings are ongoing. Every argument, every presentation, every piece of paper suggested to be evidence will be presented immediately on the following update of this web-site. This is of course, provided it is received three days before that next update. The only exceptions to this courtesy would come if the defendant attempted to overwhelm us with mounds of exhibits recognizing that this would bog down the reasonable functioning of this site. The other exception comes with what we may deem as advertising or a sales pitch. This, as we have stated earlier, would be restricted to one page per update. We will, however, concede their right to present whatever they see fit in their own defence. Therefore, should they choose to defend themselves through another web-site or web-sites (maximum number not to exceed 100 sites) were such restrictions would not occur, we will direct the jury to that web-site(s) on each chapter=s update.
We also acknowledge their tactical right to Aplant jurors@ and Abuy witnesses@. We recognize that in such an open forum as this, it is not difficult to have one=s own people submit comments and opinions in support of oneself so as to sway or mislead others. We also recognize that it is not difficult or that costly to have individuals present falsities simply because such new testimony is not sworn.
Warning to Jury: Although we have no safeguards to protect this site from Aplanted jurors@, we do trust that neither side of the dispute will be able to gather enough such persons as to overwhelm the numbers of you the honest juror. This may, of course, not be completely true at the beginning, but we are very confident that it will prove to be fact in a reasonably short period of time. With respect to Abought witnesses@, the only fair safeguard that we feel would be appropriate so that we do not interfere with the defence=s right to a complete defence is one of notification and investigation. In other words, should testimony be given by a new unconfirmed witness, it will be preceded with the warning New Unconfirmed Witness and/or Testimony. We will follow it with a description of what action we have taken to confirm both witness and testimony and what the results are to that date. We will not, however, delay the presentation of that new witness or testimony unless what is being presented only appears to be either vulgar or malicious and thus to neither side=s advantage. We do not, however, have any say with respect to any web-sites the defendant may have chosen to utilize and which therefore we have listed.
The Complainant(s): In any one complaint there may be a number of complainants. For the sake of being concise after the first listing of complainants only the principle or first named complainant will be listed. There may also be two different type of complainants listed. First, under the heading Complainant(s), will be the party that is actually presenting the complaint. Second, under the heading Complainant(s) in Abstentia:, will be any party that, though themselves are not complaining at this specific time, have openly, freely, and completely given evidence that they have that would support the complainant=s case. A Complainant in Abstentia may also be one that has presented an earlier case and supportive evidence is being taken from that earlier case. (Please note that every complainant gives up their right to directing or restricting our use of any materials they have forwarded copies to us.)
Other than evidence given by a Complainant in Abstentia the current complainant will be restricted to evidence that has been published, written, or presented earlier by the defendant or parties and individuals the defendant has engaged on their own behalf. The complaining party may also use any evidence that they have previously presented to the defendant in a manner that would have given the defendant a fair opportunity to reasonably and fairly resolve the issue now being re-contested. Should the complainant wish to produce letters or statements that they or their representatives have sent or made, the complainant can only do so provided that the complainant also includes the defendant=s full response or lack thereof.
Closing Commentary: It is our hope that this CASE FORUM will prove to be fair and open. With our joint efforts, it may even demonstrate an effective alternative to pent up angers and endless frustrations. And, if we are truly fortunate, it may even assist in resolving some of our collective issues in Health Care.
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