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This article is not meant to be a comprehensive break down of the law or the many perversions of the law, but rather a look at just how convoluted the law has become. Despite what many people may believe, the laws of this land are arbitrarily enforced and what passes for law, often is not by any legal definition, any kind of law at alli.

NATURAL LAWii. This expression, "natural law," or jus naturale, was largely used in the philosophical speculations of the Roman jurists of the Antonine age, and was intended to denote a system of rules and principles for the guidance of human conduct which, independently of enacted law or of the systems peculiar to any one people, might be discovered by the rational intelligence of man, and would be found to grow out of and conform to his nature, meaning by that word his whole mental, moral, and physical constitution. The point of departure for this conception was the Stoic doctrine of a life ordered "according to nature," which in its turn rested upon the purely supposititious existence, in primitive times, of a "state of nature; " that is, a condition of society in which men universally were governed solely by a rational and consistent obedience to the needs, impulses, and promptings of their true nature, such nature being as yet undefaced by dishonesty, falsehood, or indulgence of the baser passions. Maine, Anc.Law, 50, et seq.; Jus Naturale.

What Are Natural Law, Common Law and Corporate LawCOMMON LAW. As distinguished from the Roman law, the modern civil law, the canon law, and other systems, the common law IS that body of law and juristic theory which was Originated, developed, and formulated and is administered in England, and has obtained among most of the states and peoples of Anglo-Saxon stock. Lux v. Haggin, 69 Cal. 255, 10 P. 674.

 

As distinguished from law created by the enactment of legislatures, the common law comprises the body of those principles and rules of action, relating to the government and security of persons and property, which derive their authority solely from usages and customs of immemorial antiquity, or from the judgments and decrees of the courts recognizing, affirming, and enforcing

such usages and customs ; and, in this sense, particularly the ancient unwritten law of England.

1 Kent, Comm. 492. Western Union Tel. Co. v. Call PUb. Co., 21 S.Ct. 561, 181 U.S. 92, 45 L.Ed. 765 ; Barry v. Port Jervis, 72 N.Y.S. 104, 64 App. Div. 268 ; U. S. v. Miller, D.C.Wash., 236 F. 798, 800.

As distinguished from equity law, it is a body of rules and principles, written or unwritten, which are of fixed and immutable authority, and which must be applied to controversies rigorously and in their entirety, and cannot be modified to suit the peculiarities of a specific case, or colored by any judicial discretion, and which rests confessedly upon custom or statute, as distinguished from any claim to ethical superiority. Klever v. Seawall, C.C.A.Ohio, 65 F. 395, 12 C.C.A. 661.

As distinguished from ecclesiastical law, it is the system of jurisprudence administered by the purely secular tribunals. As concerns its force and authority in the United States, the phrase designates that portion of the common law of England ( including such acts of parliament as were applicable) which had been adopted and was in force here at the time of the Revolution. Thus, so far as it has not since been expressly abrogated, is recognized as an organic part of the jurisprudence of most of the United States. Industrial Acceptance Corporation v. Webb, Mo.App., 287 S.W. 657, 660.

The "common law" of England, which is the rule of decision in all courts of Montana, in so far as it is not repugnant to the Constitution of the United States or the Constitution or laws of that state, means that body of jurisprudence as applied and modified by the courts of this country up to the time it was adopted in Montana. Herrin v . Sutherland, 74 Mont. 587, 241 P. 328, 330, 42 A . L . R . 937. See, also, Norvell-Wilder Hardware Co. v. McCamey, Tex. Civ. App. , 290 S. W. 772. 773 ; Fletcher v. Los Angeles Trus t & Savings Bank, 182 Cal. 177, 187 P. 425, 427.

The common law of England, adopted by Pol. Code Cal. § 4468, does not refer solely to the lex non scripta, the common law unmodified by statute, but contemplates the whole body of jurisprudence as it stood, influenced by statute at the time when the Code section was adopted, and also embraces equity. Martin v. Superior Court of Callfornia in and for Alameda County, 176 Cal. 289, '168 P. 135, 136, L.

R. A. 1918B, 313.

In a wider sense than any of the foregoing, the "common law" may designate all that part of the positive law, juristic theory, and ancient custom of any State or nation which is of general and universal application, thus marking off special or local rules or customs.

For "Federal Common Law," see that title. As a compound adjective "common-law" is understood as contrasted with or opposed to "statutory," and sometimes also to "equitable" or to "criminal." See examples below.

FEDERAL COMMON LAW is a body of decisional law developed by the federal courts untrammeled by state court decisions. O'Brien v. Western Union Telegraph Co., C.C.A.Mass., 113 F.2d 539, 541.

 

STATUTE, n. An act of the legislature declaring, commanding, or prohibiting something; a particular law enacted and established by the will of the legislative department of government; The written will 'of the legislature, solemnly expressed according to the forms necessary to constitute it the law of the state. Federal Trust Co. v. East Hartford Fire Dist., C.C.A.Conn., 283 F. 95, 98; In re Van Tassell's Will, 119 Misc. 478, 196 N.Y.S. 491, 494; Washington v. Dowling, 92 Fla. 601, 109 So. 588, 591.

 

This word is used to designate the written law in contradistinction to the unwritten law. Foster v. Brown, 199 Ga. 444, 34 S.E.2d 530, 535. See Common Law.

 

Foreign and Civil Law

Any particular municipal law or usage, though resting for its authority . on judicial decisions, or the practice of nations. 2 Kent, Comm. 456.

The whole municipal law of a particular state, from whatever source arising. Story, Confl. Laws, §12.

"Statute" also sometimes means a kind of bond or obligation of record, being an abbreviation for "statute merchant" or "statute staple." See in· fra. For mandatory and directory statutes see "Mandatory" and "Directory."

iiiREGULATE. To fix, establish, or control ; to adjust by rule, method, or established mode ; to direct by rule or restriction ; to subject to governing principles or laws. In re Siracusa, 212 N.Y.S. 400, 403, 125 Misc. 882 ; Southern R. Co. v. Russell 133 Va. 292, 112 S.E. 700, 703.

The power of Congress to regulate commerce is the power to enact all appropriate legislation for its protection or advancement ; to adopt measures to promote its growth and insure its safety ; to foster, protect, control, and restrain. . Virginian Ry. Co. v. System Federation No. 40, Railway Employees ·Department o􀑑 American Federation of Labor, C. C. A. Va. , 84 F.2d 641, 650. It is also power to prescribe rule by which commerce is Ito be governed, and embraces prohibitory regulations. Wnited States v. Darby, U.S. Ga. , 61 S. Ct. 451, 456, 312 U.S, 100, 657, 85 L. Ed. 609, 132 A. L.R. 1430.

CIVIL LAW. "Civil Law," "Roman Law" and "Roman Civil Law" are convertible phrases, meaning the same system of jurisprudence. That rule of action which every particular nation, commonwealth, or city has established peculiarly for itself; more properly called "municipal" law, to distinguish it from the "law of nature," and from international law. See Bowyer, Mod. Civil Law, 19 ; Sevier v. Riley, 189. Cal. 170, 244 P. 323, 325.

That division of municipal law which is occupied with the exposition and enforcement of civil rights as distinguished from criminal law. The system of jurisprudence held and administered in the Roman empire, particularly as set forth in the compilation of Justinian and his successors,--{comprising the Institutes, Code, Digest, and Novels, and collectively denominated the "Corpus Juris Civilis, "-as distinguished from the common law of England and the canon law.

The word "civil, " as applied to the laws in force in Louisiana, before the adoption of the Civil Code, is not used in contradistinction to the word "criminal, " but must be restricted to the Roman law. It is used in contradistinction to the laws of England and those of the respective states. Jennison v. Warmack, 5 La. 493.

CIVIL ACTION.

In general

An action wherein an issue is presented for trial formed by averments of complaint and denials of answer or replication to new matter, White v. White, 98 Ind.App. 587, 186 N.E. 349, 351;

an adversary proceeding for declaration, enforcement, or protection of a right, or redress, or prevention of a wrong, People v. Barker, 29 Cal.App. 2d Supp. 766, 77 P.2d 321, 323 ; Lee v. Lang, 140 Fla. 782, 192 So. 490, 491; Johnston v. State, 212 Ind. 375, 8 N.E. 590, 592.

Every action other than a criminal action, City of Neenah v. Krueger, 206 Wis. 473, 240 N.W. 402, 404 ; Gillson v. Vendome Petroleum Corporation, D.C.La., 35 F.Supp. 815, 819.

Both actions at law and actions in equity. Klepinger v. Rhodes, 140 F.2d 697, 698, 78 U. S. App. D. C. 340.

In the Civil Law

A personal action which is instituted to compel payment, or the doing of some other thing which is purely civil. Pothier, Introd. Gen. aux Cant. 110.

At Common Law

One which seeks the establishment, recovery, or redress of private and civil rights. One brought to recover some civil right, or to obtain redress for some wrong not being a crime or misdemeanor. Wheeling Traction Co. v. Pennsylvania Co., D.C. Ohio, 1 F.2d 478, 479.

Civil suits relate to and protect only Individual rights whereas criminal prosecutions involve public wrongs. Cancemi v. People, 18 N. Y. 128. They include all cases, both at law and in equity, which cannot legally be denominated "criminal cases. " Fenstermacher v. State, 19 Or. 504, 25 P. 142; Welford v. Havard, 127 Miss. 83, 89 So. 812, 813.

In Code Practice

The one form of action for enforcement or protection of private rights and prevention or redress of private wrongs. Code N. Y. § 69.

It may also be brought for the recovery of a penalty or forfeiture.

"Civil action" implies adversary parties and an issue, and is designed for the recovery or vindication of a civil right or the redress of some civil wrong. Bopst v. Williams. 287 Mo. 317, 229 S.\\'. 796, 798.

It is a generic term, and does not necessarily imply jury trial. State Board of Medical Examiners v. Macy, 92 Wash. 614, 159· P. 801, 804.

CODEX. Lat. A code or collection of laws; particularly the Code of Justinian. Also a roll or volume, and a book written on paper or parchment.

CODIFICATION. Process of collecting and arranging the laws of a country or state into a code, i. e., into a complete system of positive law, scientifically ordered, and promulgated by legislative authority.

UNWRITTEN LAW: All that portion of the law, observed and administered in the courts, which has not been enacted or promulgated in the form of a statute or ordinance, including the unenacted portions of the common law, general and particular customs having the force of law, and the rules, principles, and maxims established by judicial precedents or the successive like decisions of the courts. See Code Civ. Proc. Cal. § 1899 ; B. & C. Compo Or. 1901, § 736 (Code 1930, § 9-609).

A popular expression to designate a supposed rule of law that a man who takes the life of his wife's paramour or daughter's seducer is not guilty of a criminal offence. Almerigi v. State, 17 Okl.Cr. 458, 188 P. 1094, 1096.

A trial judge is said to have expressed to a jury his approval of a verdict based upon such "a theory; see 43 Canada L. J. 764; see 19 Green Bag 721, an article from the London L. J.; see also 12 Law Notes 224.

The rule was much urged upon a jury in the common pleas of Philadelphia: Biddle, J., said to counsel: "In this court the 'unwritten law' is not worth the paper it isn't written on. " It was held that such defense is not available to one accused of homicide in Wehenkel v. State, 116 Neb. 493, 218 N. W. 137, 138, and in People v. Young, 70 Cal. App.2d 28, 160 P.2d 132, 136.

 

 

On Crime

COMMON-LAW CRIME. One punishable by the force of the common law, as distinguished from crimes creatediv by statute. In re Greene, C.C. Ohio, 52 F. 104.

CREATE. To bring into being; to cause to exist; to produce; as, to create a trust in lands, to create a corporation. Edwards v. Bibb, 54 Ala. 481; McClellan v. McClellan, 65 Me. 500 ; Pickett v. Board of Com'rs of Fremont County, 24 Idaho 200, 133 P. 112, 114; People v. California Fish Co., 166 Cal. 576, 138 P. 79, 91.

To create a charter or a corporation Is to make one which never existed before, whUe to renew one is to give Vitality to one which has been forfeited or has expired; and to extend one is to give an existing charter more time than originally limited. Indianapolis v. Navin, 151 Ind. 139, 51 N. E. 80, 41 L. R.A. 344 ; State v. Powell, 109 Ohio St. 383, 􀀲42 N. E. 401, 403; Town of Westernport v. Green, 144 Md. 85, 124 A. 403.

By the time we start to add in the Uniform Commercial Code and the United States Code, is it any wonder that we need representatives of the court to present our cases to them? Which in and of itself walks the individual right back into the political and legal minefield that is set up within the system, but I will include that in another article.

The primary types of law are the common law, equity law and then commercial law. There are not courts of Equity Law even available in this day and age, as they have gone the way of Common Law Courts, though there does remain a singular Common Law Court sitting idle in Hawaii.

Commercial law is generally practiced under the jurisdiction of maritime or admiralty law through the General Law of Contracts also known as the UCC or Uniform Commercial Code, but that again, brings up more questions than it answers.

As I have time to write more, more information will be included here. I realize that at the time of this writing it looks like little more than rambling, but as more content is posted and the reader has more time to go through more of the materials, all of the pieces will begin to come together. In the meantime, please bear with me, I am taking all the time I can out of my schedule for writing and posting here. I hope to get more up very soon.

Please bookmark the page and come back, but in the meantime, if you do have any specific questions, please do not hesitate to leave them in the comments section below or send me an email.

 

 

i Please note, I am not advocating anyone go out and commit any offenses be they covered by law or regulatory fiat or any other manner of “legal means” by which people could be forced to relinquish their freedoms and/or be imprisoned in this here “land of the free”

 

ii All references to the Law on this site, unless otherwise marked, are garnered from Black's Law Dictionary, Fourth Edition

iii While it should be noted that Congress does have the authority to “regulate” via law … the abuses noted through the use of the Commerce Clause notwithstanding … Federal Regulatory Agencies (Such as the EPA and others) have no such lawful authority, yet these regulations are still enforced with the full penalty of the law!?

iv It should be noted herein, again, directly in Blacks Law, that these other crimes are not committed or even recognized as “Crimes” but “created by statute”. Looking at the definition from the same source, we see that Create means to bring into being and to cause to exist. In short, many crimes (wherein there is no discernible victim and given the laws and definitions regarding “consideration”, wherein no consideration is lost … where there is no loss of property (consideration) to any party … crime is readily created by the very system that proclaims itself the protector of the law … the sole party capable of distributing justice … for crimes that it has created?

 

Let us know what you think please!


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