Marbury v Madison (US Supreme Court, 1803)

After winning the Battle of Endor, the Rebel Alliance assembled The New Republic under the articles of the New Republic Common Charter. Leia Organa Solo was the second, fourth, and sixth Chief of State. As she was preparing to leave office (for the final time), she made several last minute appointments to the Coruscant judiciary, including an honorary judge-ship for her long-time friend, Admiral Ackbar. Although the appointments were signed and sealed before Leia left office, she, in her rush to get back to Han and the children, forgot to drop them in the mail-droid, and they were never delivered.

Leia was replaced as Chief of State by Borsk Fey’lya, a Bothan who had opposed Leia during her service as leader of the New Republic, and a long time rival of Admiral Ackbar. Upon taking office, Borsk found the undelivered judicial appointments on his desk. He decided to show Leia and Ackbar who was boss, and refused to deliver them.
Ackbar, who had been given advance notice of his judge-ship, and who was very much looking forward to retiring from the stresses of military life, petitioned the New Republic’s Court of Justice to issue a mandate ordering Borsk to deliver his appointment. He based his claim on the fact that because the appointment was signed and sealed, it was a legally valid document. He also relied on a section of New Republic law recently passed by the Senate that stated:

“The Court of Justice shall have the ability to review appeals from the courts of the planets making up the New Republic; and shall have the power to issue mandates to any court or person holding office under the authority of the New Republic.” (New Republic Senate Law on Judicial Proceedings §13)

The Court of Justice was aware that issuing a mandate ordering Borsk to enforce the appointment would be an encroachment on the powers of the Chief of State. The Justices were concerned that such an attempt to infringe on the executive power would lead Borsk to not only ignore the mandate, but to also have the Justices tossed into the Sarlacc pits of Tatooine.

In order to avoid that unpleasant outcome, the Court of Justice turned to the New Republic Common Charter. In the article describing the powers of the Court, they found a clause that read:

“In all cases affecting foreign dignitaries or ambassadors, and in cases in which a planet is a party, the Court of Justice shall have the power to hear cases of original jurisdiction. In all other cases, the Court shall only have the power to hear appeals from the lower systems, unless the Senate creates exceptions.” (New Republic Common Charter, Article III, § 2, clause 2)

Since Admiral Ackbar’s petition had been sent straight to the Court of Justice, it was not an appeal, and was therefore not allowed under the Charter. However, in order for the Justices to refuse Ackbar’s request, they had to also come up with a reason why the exception created in the New Republic Senate Law, and relied upon in Ackbar’s request, was invalid.

Upon close examination, they discovered that if they interpreted the semi-colon in the relevant provision as a period, it looked as though the clause allowing issues of mandates applied to both original and appellate jurisdiction. They had found their loophole.

In the official opinion issued by the Court, the Justices claimed a new power- the ability to interpret the Charter to make sure the laws and decrees of the Senate did not contradict the Charter’s supreme law. This power of judicial review would allow the Court to void any law they found “uncharteristic.” This allowed them to void §13 of the New Republic Senate Law on Judicial Proceedings, since it violated (kind of, maybe) the Charter’s tenet regarding Judicial power. Admiral Ackbar’s petition was therefore denied.

By granting itself the power to nullify Senate laws, the Court of Justice avoided the risk of intruding on Borsk’s power. The Justices lived to judge another day, and no Bothans died to uphold the rights and powers of the Judicial branch of the New Republic.

Kannavos v. Annino- (Supreme Judicial Court of Massachusetts, 1969)

Ackbar in preparation of leaving Dac to represent the Calamarian Council in negotiations with the Empire, was planning on selling his home. He released a series of announcements over the com-scan network advertising his house as being in first class condition and perfect for first-time house owners, and was eventually able to find ready, willing and able buyers, a young Quarren couple looking to start a family.

As the couple toured the house with Ackbar, their Mon Cal Realtor agent close behind them, the owners inquired as to the condition of the house's structural integrity and foundation. Almost without thinking, Ackbar let slip "It's a tra--traditional style home." Ackbar was about to say that the house was a trap, knowing full well that the house's foundation was on the verge of collapse having been built on unstable structures just above the ocean. The Quarren couple, relying on Ackbar's reputation and statements purchased the house, and as predicted, shortly after Ackbar left Dac, the house collapsed.

While no-one was killed in the incident, the Quarren couple sued Ackbar for making an untrue representation, as by making a statement regarding the house, Ackbar had a duty to be full and forward with his statements regarding the house. While it was true that the buyers could have found out by inquiries with the city council, the fact that Ackbar made these falsified assertions made this distinct from case precedent. The Mon Cal Council found for the couple, not only because of the rationale, but also due to Ackbar not showing up for the court date, as he had been enslaved by the Empire.

Swinton v. Whitinsville Sav. Bank- (Supreme Judicial Court of Massachusetts, 1942)

Tricky Aadj-Duck Jun sells a summer home to Admiral Ackbar on the newly freed planet Endor. Aadj-Duck Jun knows there to be one clan of Ewoks hiding out in the attic and another camping in the shrubbery surrounding the house. However, he purposely withholds this information from the unsuspecting Admiral, the latter being understandably more shrewd in matters of space warfare than in real estate. Months later, Admiral Ackbar discovers the Ewoks while investigating the mystery of his beloved cat's disappearance. When he sues Aadj-Duck Jun, he loses. This is because there is no liability for bear nondisclosure.

Contributed by Charlie Gokey