common law courts - major factors (2)

7/30/2019 Common Law Courts - Major Factors (2)

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Major Factors ForCOMMON LAW COURTS

When the Constitution mentions the word Law

It means only Common Law

1. Common Law was designed to secure the right of individuals to property.

2. Common Law was designed to make it difficult for property to be taken away without(Due Process of Law).

3. Common Law Juries acted as the Judges, and to exercise authority to hear and decidequestions of both Law and facts.

4. Common Law deals with legal relationships not created fictions or statues, rules or

regulations.

5. Property is known as Substance at Common Law and includes hard money in the formas gold and silver coin.

6. Common Law was adopted by the original Constitution when it mentions law, it meansonly Common Law.

7. Common Law cannot be modified, limited or abrogated either by acts of legislatures, orby the ruling of any judge.

8. Common Law gave the rights to Allodial Title.

9. Common Law is absolutely distinguished from Roman Civil Law systems. See: Peoplevs. Ballard 155 NYS 2D 59

10. Roman Civil Law has always been outside of the Common Law, it operates onSummary Process in violation of our rights to Due Process of Law.

11. Equity law is a jurisdiction in which the individual does not have any rights and isdenied Due Process of Law.

12. Equity law is a system where the individual does not have any rights, and only ifhe/she volunteers or gives their formal consent.

13. No legislative act contrary to the Constitution can be valid. Federalist Papers # 48.

14. The United States Constitution is the Supreme Law of the land and any statue must bein agreement.

15. The Common Law is the law of the We the People.

16. The Ten Commandments are the foundation of the Common Law.

17. The 7th Amendment states: In suits at common law, where the value in controversyshall exceed twenty dollars, the right to trial by jury shall be preserved, and no facttried by a jury shall be otherwise re-examined in any Court of the United States, thanaccording to the rules of the common law.


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18. At the very beginning of government under the Constitution, Congress conferred onthe federal district courts the right of exclusive cogitation of all civil cases of admiraltyand maritime jurisdiction saving the suitors, in all cases, the common law remedy,where the common law is competent to give it;.... 1Stat77, Section 9 (1789).

19. Congress enacted the Limited Liability Act on March 3, 1851. Later codified at Title 46,

US, Code, Section 181-189 invested only the U.S. District Courts with the exclusiveright to hear cases of Admiralty and Maritime Jurisdiction, exclusive of the States. Thismeans that the States do not have jurisdiction in admiralty and maritime matters at all,and all foreclosures in the States that been conducted by a State court are illegal andvoid by law.

20. Admiralty and Maritime jurisdiction comprise two types of cases; (1.) Those involvingacts committed on the high seas or navigable waters, and (2.) those involvingcontracts and transactions connected with shipping employed on the seas or navigablewaters. In another words the second type must have a direct connection with themaritime commerce.

21. Any attempt by a State court to impose a judgment in rem (a final judgment) is inviolation of the Constitution and is null and void.

22. Public law, vs. Public Policy, overturned the case that this country stood by for overyears in the case Swift vs. Tyson in 1840. The Supreme Court ruled that all federalcases will be judged under the Negotiable Instrument Law. With no more decisionsbased on the Common Law at the federal level, this was the blending of law withEquity. All courts became Merchant Law Courts after 1938, in violation of theConstitution and the judges oaths of office.

23. The Constitution mentions three jurisdictions in which the courts can operate; CommonLaw, Equity Law, and Admiralty or Maritime Law.

24. In the Common Law Courts our rights are protected. The right to require that an injuredparty swear under oath as to the damages or injury that he claims were caused to him;

the right to a Corpus Delicti (the body of the offense). The essence of the crime ifthere is no injured party there is no cause of action.

25. An action under the Common Law only exists after there has been a loss or damage,and it cannot compel a performance.

26. The controlling principal in the Common Law is that no man may order the life, actions,and decisions of another. Each individual is answerable to this Creator for his actionsand their respective consequences and must have the right to choose those acts. TheCommon Law provides protection guaranteeing mans independent actions in all ways,unless there is a reasonable swearing regarding an allegation that he, under probablecause damaged anothers property, injured anothers person or infringed on anothersrights. The oath attending a swearing of charges is to protect the accused by making

the plaintiff answerable to perjury if falsely brought.a. Our heritage, the Common Law demands and secures restitution and

punishment for wrongs.

27. Under the Common Law the courts do not have automatic jurisdiction.

28. There are certain steps the Common Law Court must have to obtain jurisdiction in acase. The Common Law Rules and Procedures specify certain steps, or procedures,which must take place, all as a protection of the accused.


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a. Rights are inherent in Property, and Property is inherent to the Rights of theaccused.

b. We have the right to have our controversy, once the Common Law Court hasjurisdiction.

c. We have the right to a jury of our Peers.

d. The Jury of our Peers has the authority to hear and decide questions of bothFacts and the Law.

e. The Justices in the Common Law Courts are impartial referees of disputes, andare bound to protect the rights of the parties that are involved in the dispute, orthey will have lost whatever jurisdiction they may have had.

29. As evidence that our Founding Fathers operated under the Common Law, in additionto those spelled out in the Constitution of the United States of America, the followingwords of instructions were given to the jury in front of the Supreme Court (with ChiefJustice John Jay presiding): It is presumed, that juries are the best judges of facts; itis, on the other hand, presumable, that the courts are the best judges of the law. Butstill both objects are within your power of decision. You have a right to take uponyourself to judge both, and to determine the law as well as the fact in controversy.State of Georgia vs. Brailsford, 3 Dall I (1794).

30. The Bill of Rights were instituted to prevent the governments, of both the United Statesand of the States, to enact or allow statues, rules or regulations to be binding on anyone of We the People, when dealing with those rights that are protected by theConstitution and the Bill of Rights.

31. The Bill of Rights was adopted to prevent misconduct and abuse of powers by judgesand government officials. The Ninth Amendment includes all of the Common LawRights which are not listed, or enumerated, anywhere else. The Bill Of Rights are aprohibition against government at any level over the individual or We the People. TheTenth Amendment states: The powers not delegated to the United States by the

Constitution, nor prohibited by it to the States, are reserved to the United Statesrespectfully, or to the people.

32. There are Natural Rights or rights at the Common Law. Under Common Law, thenatural person has rights and the citizens of the Corporation have privileges and norights. Only Natural persons (flesh and blood) or mortal men have political rights, orConstitutional Rights. All law in America is based on the status of the individual. Alllegislation and judicial actions in courts and administrative policy is based on status.There are two distinct different classes of citizens in this country. If one is a citizenunder the 14th Amendment, they are to receive equal protection that is applied tocorporate persons as citizens even though they are strictly subjects. Though a lawbe termed general (common law) and not special (corporate law), it must be decided

by the court as to whom it applies. Therefore the status of the people coming beforethe court must be determined before the court can proceed and before the court canmake an intelligent decision as to the jurisdiction of the Common Law Court.

33. A Trial by Jury at Common Law shall consist of 12 jurors, neither more nor less andcharged to try all issues of both the facts and the law according to the evidence and toimpose sentencing in accordance with established procedures of the Common Law.

34. Any freeman or woman who has claimed his/her rights by oath of affirmation, or written


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declaration is not nor can beforced to comply with statues, rules and regulations orpenal offenses. In the Common Law there can be no constructive offenses. PenalStatues are those actions which impose a penalty or punishment arbitrarily extractedfor some act which may or may not be performed.

35. In the Common Law Court, any appearance by a Free or Natural Citizen will be tried in

no other jurisdiction than the Common Law, where our rights are preserved. TheCommon Law demands and secures restitution and punishment for wrong doing.

36. In the Common Law as pertains to contract, the free and natural man/woman has theunalienable right to contract with anyone this person pleases, and the government canpass no law that is impairing the obligation to contracts.

37. Civil Law is prosecuted by the Chancery, like the judges in todays courts and are notimpartial referees.

38. Civil Law or Roman Civil Law is derived from the law of Ecclesiastical Chancellors. Itoperates on the summary process. Equity Law, Law Merchant is the private rule of thebankers and merchants and is neither. It is only raw, private political power, alien andillegal to our Constitution. It deals with the law of Bills, Notes and Checks, and with

negotiable instruments and commercial papers. It has plundered the wealth of thePeople, is outside of our Constitution, and is illegal.

39. In the Common Law Courts the accused is given the right to counsel, or theAssistance of Counsel. The fundamental right of the accused to have representationby counsel shall not be denied or unreasonably restricted.

40. In the Common Law Courts the accused has the right to defend himself, if he sochooses to represent himself rather through an attorney. He cannot be compelled toemploy prosecutions, employ counsel, or to accept services assigned by the court andmay except counsel from anyone he chooses.

41. The Sixth Amendment states: In all criminal prosecutions the accused shall enjoy theright to a speedy and public trial, by an impartial jury of the State and district wherein

the crime shall have been committed, which district has been previously ascertainedby law, and to be informed of the nature the cause of the accusation; to be confrontedwith the witnesses against him; to have compulsory process for obtaining witnesses inhis favor, and to have the Assistance of Counsel for his defense.''

42. For over 600 hundred years since the Magna Charta of 1215, Chapter 39 states: Nofreeman shall be captured or imprisoned or disseised or outlawed or exiled or in anyway destroyed, nor will we go against him or send against him, except by the lawful

judgment of his peers or by the law of the land.

43. The Common Law right of the jury to determine the law as well as the facts remainsunimpaired. State v. Croteau, 23 VT 14,54

44. The Jury has a right to disregard the opinion of the court in criminal case, even on aquestion of law; if they are fully satisfied that such opinion is wrong. People v. Videto1 Parker, Gr R.603

45. Which provides that, in prosecution for criminal libel, the jury, after received thedirection of the court, shall have the right to determine at their discretion, the law andthe facts is constitutional. See: State v Meyer, 58 VT 457, 3 A, 195'' Comp. laws(1885), p.360,S 275.


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46. The Common Law Jury not only has veto power over all legislation of a President, butover all legislation of the representative government.

47. Juries are bound or sworn to follow the Courts instruction as to the Constitution, theyare sworn to follow their own consciences to convict the guilty and acquit the innocent,The jury has the authority to decide the facts and the law in bringing a verdict.

48. The State functions in two capacities: 1. In behalf of the People of the State inCommon Law actions, and, 2. As a person in a corporate capacity to protect andenforce its interests through Summary proceedings. But the state is still bound by theUnited States Constitution. (Martin v Hunter's Lesses,) 1 Wheat 304.

49. As where rights secured by the Constitution are involved, there can be no legislationor rule making which would abrogate them. Miranda v Arizona 384, US 491.

50. All laws which are repugnant to the Constitution are null and void. Marbury vMadison, 5 US (2 Crunch) 137, 174, 176, (1803).

51. An unconstitutional act is not law; it confers no rights; it imposes no duties; affords noprotection; it creates no office; it is in legal contemplation, as inoperative as though ithad never been passed. Norton v Shelby County 118 US 425 p 442.

52. Being a juror in a trial setting, and judging a persons future is a great responsibility,and a duty. When it comes to your individual vote of innocent or guilty, may you not beswayed by an eloquent persons speech, by a Justice, or by the closing of a day orweekend, or by a prosecutors professionalism and his use of skilled presentments, butit is strictly by the facts and the law that you must decide on that which was presentedas evidence during the course of the trial. May you be answerable to the Lord God

Almighty.

common law courts - major factors (2)

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