About Common Law

Common Law F.A.Questions

This page will be updated as often as time allows, thus the following is only meant as a basic guideline to help you begin your education of,

the law common to man

Be sure to verify everything herein by way of Karl’s Talkshoe archives at “Uncommonlaw by Karl – 127469

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Click HERE for Part 1

The Basics of Common Law

5 September 2014 on

“Walls in our Minds” 

A wonderful lady did transcribe these calls, click on

The Roots of Law; transcribed by Genene

to download part 1

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Click HERE for Part 2

The Basics of Common Law

12 Sept ember 2014 on

“Walls in our Minds”

Click on

The Roots of Law; transcribed by Genene part 2

to download part 2

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Click HERE for Part 3

“The Myths of Common Law

5 February 2015 on

“Walls in our Minds”

Click on

MYTHS of Common Law; transcribed by Genene

to download part 3

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 ”COMMON LAW, lex communis.] Is taken for the law of this kingdom simply, without any other laws; as it was generally holden before any statute was enacted in parliament to alter the same; and the king’s courts of justice are called the Common Law Courts. The Common Law  is grounded upon the general customs  of the realm ; and includes in it the law of nature, the law of God, and the principles  and maxims  of the law: it is founded upon reason; and is said to be the perfection of reason, acquired by long study, observation and experience, and refined by learned men in all ages. And it is the common birth-right, that the subject hath for the safeguard and defence, not only of his goods, lands and revenues; but of his wife and children, body, same, and life also. Co. Lit. 97. 142. Treatise of Laws, p. 2. [Cf. 1 Toml. L. D. 523-4 ([originally by Giles Jacob] Thomas Edlyne Tomlins ed., 1st Am. ed. 1811)]

Supposedly inscribed across the top of the Justice Department building, on the Ninth Street side, are the words “The common law is derived from the will of mankind, issuing from the life of the people, framed through mutual confidence, sanctioned by the light of reason.”

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1) What is the difference between a person and a man?

A man is created in the image of Gød; the Almighty self-existing Creator of the Universe.

Man is endowed by his Creator with certain unalienable rights such as life, liberty, the pursuit of happiness and other property. To secure and protect man’s property, Governments (persons) are instituted among men (gentiles).

The term person is a generic term and can mean an individual, partnership, joint-stock company, trust, estate, association, corporation, partnership, LLC, agency, company, municipality, organization or any other legal or commercial entity of any kind.

Governments are persons and a man or woman with an obligation to perform a specific duty according to the title they hold within that government is often called a natural person.

Some persons have titles which more obviously carry specific duties such as sheriff, doctor, magistrate, senator, county prosecutor, building inspector, town manager etc…

Some persons have titles which do not so obviously carry specific duties or obligations such as teacher, employee, mother, father, student, participant, taxpayer, defendant, driver, citizen, fisherman, child  etc …

Again, a man or woman ACTING in these roles is often referred to as a Natural Person.

A legal fiction is a presumption of fact assumed by a court for convenience, consistency, or to achieve justice. A corporation is a common legal fiction, regarded in many jurisdictions as a “person” who has many of the same legal rights and responsibilities as a natural person.

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2) What is common law?

http://en.wikipedia.org/wiki/Common_law

Common law is a body of law which is based on the customary principles, ethics and morals held by a particular group of people in an area such as a country, a region or a society.

English Common Law comes from the old English laws, customs and court decisions.

Federal Common Law is the body of federal case law created by federal court opinions. It is also widely regarded as Admiralty Law.

The American legal society considers common law to be derived from the court decisions which have their basis in the statutes of the 50 several States.

When i speak of common law, i speak of the law common to man as described by Paul Samuel Reinsch in his 1899 book “English Common Law in the early American Colonies”; Reinsch explains how American common law was specifically derived from the Bible.

To Learn More – Read:

English Common Law in the early American Colonies

by Paul Samuel Reinsch

(1899)

Page 11 

Massachusetts

The ideas of the Massachusetts colonists on the matter of law appear very clearly from a resolve of the general court of the year 1636. The government is there entreated to make a draft of laws “agreeable to the word of Gød” to be the fundamental laws of the commonwealth. This draft is to be presented to the next general court. In the meantime, the magistrates are to proceed in the courts to determine all causes according to the laws then established and where there is no law “then as near to the law of Gød as they can“.

Page 25

Connecticut and New Haven

In Connecticut and New Haven we find a development similar to that of Massachusetts. The Connecticut code of 1642 was copied from that of Massachusetts. The fundamental order of New Haven provides for the popular election of the magistrate, and for the punishment of criminals “according to the mind of Gød revealed in his word.” The general court is also to proceed according to the Scriptures, the rule of all righteous laws and sentences. In the fundamental agreement all freemen assent the Scriptures hold forth a perfect rule for the direction and government of all men, in all duties. The scriptural laws of inheritance, dividing allotments, and all things of like nature are adopted, thus very clearly founding the entire system of civil and criminal law on the word of Gød.

Page 27

New Hampshire

The general court petitioned against appeals to England in 1680. The settlers were so impatient of control that all questions of law and fact were decided by juries. The judges had a term of one year only and none of the influence of the Massachusetts magistrates. Under this regime, the administration of the rules of the common law would of course be impossible. The early judges and chief justices were all business men, seamen, or farmers; only in 1726 did a man of liberal education, Judge Jaffray, graduate of Harvard in 1702, appear on the bench. And it was only in 1754 that a lawyer, Theodore Atkinson, also a graduate of Harvard, became chief justice. Samuel Livermore, chief justice in 1782, though trained in the law, refused to be bound by precedents, holding, “that every tub should stand on its own bottom;” and looking upon the adjudications of English tribunals only as illustrations. It may be said that no real jurist, no man acknowledging a regular development of the law by precedents and finding an authoritative guidance in the adjudications of the common 1aw judges, held judicial power in New Hampshire during the entire 18th century.

 

Page 54

last paragraph

The records that have been examined exhibit everywhere, especially in the popular courts, a great informality in judicial proceedings. The large number of judges in these courts would of itself tend to make the practice informal, to make the trial more like a deliberation of a community by its representatives on the justice or injustice of the case involved. The absence of a jurist class, and especially the universal prejudice against lawyers, proves that a popular and not a technical system was being enforced. The technical knowledge of the lawyer was not demanded, and, … lawyers had to turn their hands to semi-professional or non- professional work, the courts of the colonies at that date having no need of the aid of a trained profession to discover what was the law, as the customs of the time the law was in so many cases determined by the discretion of the court. — i.e. the jury

page 55

It seems just to conclude that in most cases the administration of law was carried on not by the technical rules of a developed system of jurisprudence but by a popular tribunal according to the general popular sense of right.

The original element in the early colonial laws are great in number and import. They foreshadow and anticipate some of the most far-reaching American Law reforms. Pleading is simplified, and the intention is in many places expressed that it shall be possible for any man of ordinary intelligence to plead his own cause before the courts.

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3) How does Common Law differ from Statutory Law?

Statutory law is a formal body of the legal system consisting of written legislation which mainly creates rules and regulations either mandating or prohibiting certain behaviors for the good administration of government.

See N.H. Bill of Rights – Article 38 – A frequent recurrence to the fundamental principles of the constitution, and a constant adherence to justice, moderation, temperance, industry, frugality, and all the social virtues, are indispensably necessary to preserve the blessings of liberty and good government; the people ought, therefore, to have a particular regard to all those principles in the choice of their officers and representatives, and they have a right to require of their lawgivers and magistrates, an exact and constant observance of them, in the formation and execution of the laws necessary for the good administration of government.

June 2, 1784
http://www.nh.gov/constitution/billofrights.html

Legislators create gray areas between the Black and White law of the almighty self existing creator of the universe as revealed in his word. Where Gød clearly says yes or no, legislators claim to have authority to put conditions on the laws of nature and of natures Gød.

For Example:

Gen 1:26 And Gød said, Let us make man in our image, after our likeness: and let them have dominion over the fish of the sea, and over the fowl of the air, and over the cattle, and over all the earth, and over every creeping thing that creepeth upon the earth.

Fishing license, Dairy license

Gen 1:29 And Gød said, Behold, I have given you every herb bearing seed, which is upon the face of all the earth, and every tree, in the which is the fruit of a tree yielding seed; to you it shall be for meat.

Farm stand license, Orchard license, Cannabis license

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4) How do Common Law and Statutory Courts differ?

Common law courts differ from statutory courts in 4 major ways;

  • Judgments of a common law court are final whereas the opinions and decisions of a statutory court are appealable.
  • Common law courts use words of common parlance found in classical dictionaries like Noah Webster’s 1828, whereas statutory courts use “terms of art” or “Words of Art” which are found in a legal dictionaries like Blacks, Ballentine’s, Bouvier, Kinney’s etc…
  • In a statutory court, it is fatal for a man to speak. In a common law court, it is fatal to remain silent.
  • The most significant difference between Common Law and Statutory courts is the course and process by which they proceed. A Common Law court proceeds as a ‘court of record’ according to the law of Gød whereas a statutory court proceeds according to the current rules prescribed by either the Legislature or the state Supreme Court regarding violations of the gray area statutes.

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5) What is a ‘court of record’?

http://www.1215.org/lawnotes/lawnotes/courtrec.htm

A ‘court of record;
1) generally has a seal
2) has power to fine or imprison for contempt
3) keeps a permanent record of the proceedings
4) proceeds according to the common law (not statutes or codes)
5) has a tribunal which is independent of the magistrate (judge) 

The tribunal is either the man moving the claim, or a fully empowered jury which is not paid by the government.

The Judge or Magistrate is not the tribunal; their main function is to maintain court decorum and to be the first witness to the truthfulness the tribunal’s judgment.  The Clerk of Court acts as the second witness.

The judge/magistrate then records the judgment of the tribunal through the Clerk’s office for execution by the sheriff.

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6) If a small percentage of people were skilled in common law, what difference would it make locally, statewide, and across the States?

The most powerful man in court is the man aggrieved.

The reason for this is that the highest form of government is not a republican or democratic form of government; it is the system of self-government described in the book of Genesis.

Any person that interferes with the self-governance of man is thus a terrorist.

The very nature of both the state and federal governments is that of sentinel: these governments are created for the purpose of securing and protecting the property of man.

The man aggrieved thus has the power and authority of the whole people to make a claim and to summons any wrongdoer that has caused the man harm, … injured the man’s property or caused the man to otherwise incur a loss.

The man aggrieved has the ability to hold any man or woman, ACTing in the capacity of a government person, accountable for any and all harm, injury or loss caused by man or woman ACTing as a government person, … even when the accused person aka the wrongdoer, is acting fully within the scope of their office as prescribed by either, the local government, the courts or the legislature.

Example: Nuremberg Trials – the courts held that “following orders” was no defense at all for causing a man harm or injuring a man’s property.

Ants

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7) What are the key elements of writing a claim?

A claim is always a standalone action and always begins with the filing of a new case. It is never a counter claim or a cross-claim.

Once created with its own case number, a “Notice: Claim; Trespass”… may be placed into an existing case as a means to secure a concurrent hearing or trial with the same parties listed in the original case.

There are 4 basic elements to making a claim;

  • there must be a controversy (takes 2 to Tango)(Cf. Cause of Action)
  • there must be a specific claim of wrongdoing.
  • there must be a specific remedy sought by the claimant
  • the claim must be sworn or affirmed to be true

A claim can be as simple as;

i, [a] man, claim wrongdoer trespass by way of extortion.

i require compensation of 60 hours of community service.

i say here and will verify in open court that all herein be true.

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8) Is filing a claim the only way to access common law?

No, common law may be evoked at any time, in any case.

Example 1:

Where the matter in controversy exceeds $20, common law may be evoked by way of the 7th Article to the Bill of Rights which constrains the Government.

Example 2:

It can also be evoked by way of the Article 9 constraints, which guarantees a man access to the King James Version of the law such as claiming the right to face his accuser. (Acts 25:16).

Article 9 aka as the 9th Amendment to the United States Constitution, is the open gate by which a man may claim all rights antecedent to the Constitution.

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9) When common law is evoked, how does that change the court?

When a man evokes common law, he sheds his personage and stands as a man before the almighty self existing creator of the universe.

In common law, [a] man can no longer be judged by the creations of persons;

In common law, [a] man has the right to require of the court to be judged only by those that are also created in the image of Gød.

In common law, the plaintiff is also held accountable for bringing a false claim against a man.

Once common law is evoked, [a] man requires his accuser to verify under oath or affirmation, the charges made against him. The accused man then has the right to cross examine his accuser and/or to ask for forgiveness.

Example 1:

In a statutory court a person has the right to a jury trial orchestrated by a Judge who has the final word in judgment of the person accused notwithstanding the jury opinion.

In a common law court a man may require to have both the law and his actions judged by the jury and witnessed by a magistrate and clerk.

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Example 2:

In a statutory court a person is bound to the gray area between right and wrong which is created by the legislature.

In a common law court a man can only be held accountable to the local customary law of man as determined by the jury.

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10) What happens when the court dishonors [a] man and refuses to allow common law in the court?

The biggest frustration we face is the lack of integrity within the legal society and at times, within court system itself.

While most judges and magistrates don’t feel threatened by common law, others see it as an absolute threat to the their closed union shops.

Because many Clerks serve at the good pleasure of the Chief Judge, they tend to follow the lead of the Chief Judge.

A man may also require a Judge and Clerk to record their oaths and performance bonds into a case.

A man can always give fair warning to the person that interferes with his right to move a claim; and finally, the man may make a claim against the person that trespasses on his rights.

Essentially, the courthouse was built with public funds and is just as public as the local library. We pay a filing fee to have exclusive use of a public room in the courthouse.

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11) What is the difference between going pro se and acting as a ‘man’?

The status of “man”, created in the image of the almighty creator of the universe is the highest status a man can maintain.

A man in common law must PRESENT himself and his case to the court.

An attorney is a “person”, within the legal society.

“Pro Se” is a license to ACT in the capacity of an attorney for the duration of a case. It’s a title within the legal society given to a man who is “re-presenting himself”. A man ACTing as an attorney diminishes his status as a man and thus waives any right to common law.

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12) How much language must a man know in order to handle his affairs in common law?

A) Common Law Defense:

Evoking a common law defense is simple.

A man must believe – if no one stands before him under oath or affirmation to accuse him face to face of some wrongdoing, that he cannot be found guilty of anything. (see Page 319 U. S. 642 regarding “any fixed star”)

The accused man may inform the court by hand-written notice that he doesn’t understand the language of legal documents (legalese) nor the customs of the legal society (case law); that he is a “private person”, an idiot.

idiot (n.)

early 14c., “person so mentally deficient as to be incapable of ordinary reasoning;” also in Middle English “simple man, uneducated person, layman” (late 14c.), from Old French idiote “uneducated or ignorant person” (12c.), from Latin idiota “ordinary person, layman; outsider,” in Late Latin “uneducated or ignorant person,” from Greek idiotes “layman, person lacking professional skill” (opposed to writer, soldier, skilled workman), literally “private person (as opposed to one taking part in public affairs),” used patronizingly for “ignorant person,” from idios “one’s own” (see idiom).

legalese (n.)

“the language of legal documents,” 1914, from legal + language name ending -ese.

The greatest danger is the word YOU, it is the joinder between the man and his person. To consent to being labeled YOU, is the fastest way to lose your court.

joinder (n.)

“act of joining together”

you (pron.)

Old English eow, dative and accusative plural.

 

B) Common Law Offense:

Learning to move a claim before a ‘trial by jury’ in a ‘court of record’ requires [a] man to know, HOW TO BE A MAN.

A good working knowledge of the language is needed for moving a Claim through a ‘court of record’ before a ‘trial by jury’. A good working knowledge of court procedures is also very helpful.

The process of filing a claim most often begins with basic letter writing to establish that you are dealing with a man or woman and not a computer. The more reasonable the questions the more probable a logical response.

Sample first letter;

Dear Bob, greetings;

“Thank you for your wonderful letter. Please let me know how i know you.” —- or —- “Please let me know if you are the [wo]man i need to speak with to resolve this issue.”

Kind regards,

Letters are always man-made, hand-written. The intent is to find the man or woman who has the authority to cause the wrongdoing to cease and desist.

Once identified as that man or woman, a fair warning letter is sent to cease and desist from whatever activity causes the [wo]man harm, injury or loss.

If the action causing harm, injury or loss continues, the man may send a second letter to the wrongdoer and CC the wrongdoer’s next in command.

Eventually, in YOUR claim, these letters will be used as evidence of the good faith effort you made with clean hands to settle the matter privately.

The claim will be simple, but notices and exhibit also must be filed into the court to support the claim. Some of the notices will have to do with court rules, court decorum, venue, and the sealing of the case until trial.

In YOUR court, you’ll need to write your own summons, warrants and orders.

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13) If i don’t understand legalese nor the rules of procedure, why wouldn’t i use an attorney?

An attorney has no first-hand knowledge of your claim and can therefore only file a complaint on your behalf. The attorney will then only be able to make offers of proof.

Claims can only be made by a man that presents himself and his own case to the court. A man never “re-presents” himself …!!!

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14) What is the best way to get up to speed on common law and how long will it take?

Common law living is a full time way of life. If you want it bad enough to make some serious changes in your priorities you can be very advanced in your knowledge within 6 months to a year if you work with the right people.

Good law is always expressed, it is never implied, so the first thing to study is etymology and punctuation. It is therefore imperative to become a Common Law Word Nerd and to work with others that seek to do the same. The best sources for this study are found on Talkshoe, an internet based radio and archive service.

Our main Talkshoe is the Saturday evening calls with Karl Lentz.

His show is called “Uncommonlaw by Karl” at call ID 127469.

Karl’s website is www.Broadmind.org  

Mike Miller has a Talkshoe on Tuesdays called “CalmInLaw” at call ID 133802.

On Wednesdays i do a Common Law Word Nerdz Talkshoe at ID 134084.

My website is www.Redress4Dummies.org

Skype study groups are also a great place to meet like minded people.

My Skype is Gus.Breton

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15) What are the consequences if one fails to properly move a claim?

The worst case scenario is to lose and be forced to compensate the accused wrongdoer with exactly the same thing you sought after for remedy. The judgment is also final.

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16) Why at court rather than in court?

“At” court means to be at the location of a case within courthouse, … “In” court indicates you are embedded “within” the court.

An attorney can only be at common law, while a man can be in common law at all times.

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17) Why are these words important?

Require: to demand as of Right and by Authority.

Wish: Only a man can wish. (i.e. your wish is my command)

Property: That which is proper and exclusive to ones use.

claim (v.)

c.1300, “to call, call out; to ask or demand by virtue of right or authority,

complaint (n.)

late 14c., “lamentation, grief,” from Old French complainte (12c.) “complaint, lament,

plaintiff (n.)

c.1400, from Anglo-French pleintif (late 13c.), noun use of Old French plaintif “complaining; wretched, miserable,”

personage (n.) Look up personage at Dictionary.commid-15c., “body of a person” (with regard to appearance), from Old French personage “size, stature,” also “a dignitary” (13c.), from Medieval Latin personaticum (11c.), from persona (see person).

Words like father, mother, child and children are all born of statutes.

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18) What judicial notice is essential?

There are no judicial notices in common law. The magistrate is appointed to keep the rules and decorum of the court on and even keel so the jury can focus on the law and facts of the case.

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2 thoughts on “About Common Law”

  1. Joe Niklas said:

    When a letter is addressed to both a man and his wife, in response, how does the man and wife reply; i; a man (Name) and i; a [wo]men (Name)? or we; a man (Name) and a [wo]man (Name)? When would using we be appropriate if ever?

    • Contact me on SKYPE @ ‘Gus.Breton’ if you wish to be added to the “Word Nerdz” Skype conversation… it’s a great place to submit such questions. The other folks in the room will be happy to assist.

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