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Common Law

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Member Admin
Joined: 7 months ago
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I want to get into some Things because there is a lot of Confusion around all of this, and it is Judgement Time. First, I want Everyone to know that Scholars have been unable to AGREE on what the Word "Judge" means, and have come to the Consensus that it meant "Leader of some Sort". But we can see the Courts in Egypt with the Princes being Judges, in Documents like "The Eloquent Peasant", we can see that Judge is a Hebrew Word, but that we have it Today. And I think we can best get the Definition of Judge from Judge-ment. Separating the Sheep from the Goats. And if we were to put that into English, for an Academic Purpose, and for best Translation Purposes, we would say "The One who Brings Back the Law, and Brings the People to Righteousness" and we Actually find that God is in the Law, that the Judge generally in the Bible Settles Disputes, they Lead the People to War, they do all of the Things a Leader would do but they Rise up Randomly amongst the Tribes of Israel to Lead them, usually out of Idolatry and Clearly going from Idolatry to the Law of Moses. And then Samuel is the Last of the Judges, who gives the People King David because they asked for a King. If we look at Satan he has a Pitchfork and is like the One John speaks of in Mathew 3, the Common American Devil image is what John is Talking about in Mathew 3. Devil comes from the Hindu word Devi, which could mean God or Demi-God, Angel, Demon, etc.

 

So, then if we look at Even the Bible from there to Show us the Common Law, the Persians and Babylonians interact with the Jews in Ezra, Nemehiah, Ester, Daniel, and then the Romans in Jesus Time. The Roman Catholic Church came after Jesus and the Roman Canonical Law.

 

People Talk about the Anglo-Saxon System of Justice, which is kind of like how Thomas Jefferson used Sioux and Scottish Independence Documents to form the United States Constitution, there was a System from the Royal Houses, and before the Royal Houses, and then the Magna Carta, and it has become the History of the Modern Justice System through Britain, and then Everything it's Colonies have done.

 

So there was the British Common Law, and this was applied as Broadly as Possible, where there were not Other Laws the British Common Law Applied. Until in 1776 in America we had a Revolution and the Constitution was Written and Thomas Jefferson actually Wrote about Repealing Things, and the Declaration of Independence is actually a whole other Legal Document that when Signing it all of the Signers knew they may be Hanged for, and John Hancock is Thought to have made a Joke about being Hanged as he Signed.

 

So, now there is the Supremacy Clause, and there is Case Law. We are under a Federalist System, which is Different than a Personal Law System as in India for example. In India, you go by Your Family, and their Religion, and Everyone has their own Laws, Muslims, and Hindus, etc. In the Federalist Law System, the States have that Liberty, and not so much the Families and Things. That would be the Difference, not that there are not States in India and not that there are not Religious Rights and like "the Middle Class" or "the Upper Middle Class" in America. When we look at the Constitution, some People say "It's not being Followed!!!" and by who? When? It says there should be a Congress and the Congress Shall make Laws, it says they Shall Appoint Judges and make Courts. And then we have Case Law, there was British Common Law to Start, but then we made our own Common Laws, and they don't always Apply forever. Obamacare was made under Common Law by the Court, it was done in a very Strange way and Justice Scalia was Quoted saying that it should be called SCOTUSCare instead of Obamacare. But, in 500 Years, if you Quote that Case, it might not be Persuasive. That is Part of it, a lot of People put a Case together, and they have some 1 Piece of Case Law, you Really have to do Balancing Tests, and Show Continuation, even if it is Different you want to Build a kind of Support System of Case Law, a Congressional Act, and another Thing we see People doing is going to Treaties. There is actually Case Law you could use to Show that Treaties are not Effective until Ratified in the State, and until Written into Law, and Even then there are Exemptions sometimes, sometimes even in the Original Treaty. But, just Pulling up Treaties does not Support Your Case, the Treaty should be Ratified and basically Written into Law somewhere.

 

So the British Common Law, or English Common Law, is British. Like, Black's Law Dictionary still makes New Copies, and it's not a Bad Reference, but some of that doesn't Work in America.

 

Now, if you wanted to get into Writs, and Talk about this or that Writ from another Country that you don't have in Yours, or that hasn't been Articulated but could be inferred from an Existing Writ, that would be an Interesting Discussion for Court. But, Writs have been getting Written into Code also, Everything is getting Codified. And that has nothing to do with a Judge, that is Congress.


   
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Member Admin
Joined: 7 months ago
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I’m about to Start Filing Federal Cases in February.


   
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