[blml] Chicago regional case 11: Director's error

[Ed Reppert]

On Sep 23, 2006, at 10:31 AM, Steve Willner wrote:

> The AC can exercise (almost) all powers the Director can (L93B3).

That is true, and is probably the basis of the ACBL's idea that the  
AC ought to toss out the TD ruling and start from scratch. However,  
they're wrong about that. The first question before an AC is "was the  
TD's ruling correct?' If it was, the AC should not change it. If it  
was not, the AC can, if it was a judgement ruling, substitute their  
judgement for the TDs, but the AC *cannot* overrule the TD on a point  
of law. That being the case, throwing out the TD ruling is not a  
power of the AC, and neither is deciding there was TD error and  
applying Law 82C, which is in effect overruling the TD on a point of  
law.

[snip]

> Later the AC overturns this judgment, ruling that the remark was  
> not a claim after all.

*Is* this judgement, in the sense of the laws? Or is the  
determination whether a claim was made a point of law? Seems to me  
the latter.

Even if it is, should the *committee* apply 82C, or send the case  
back to the TDs and let them do it? In practice I don't suppose it  
matters much, but I still think it's wrong.