COMMON LAW PRACTICE GUIDE
Litigation Tool #10.013

Common Law Practice Guide

228 pages; 24 Chapters

PDF Click here for sample

This book provides procedures, pleadings, and strategies for dealing with common law civil actions in state and federal courts.  Subject covered include:

  1. History and theory of the common law
  2. Natural order and natural rights
  3. Public v. Private rights
  4. Rules of the common law
  5. Common law actions
  6. Choice of law
  7. Court procedure
  8. Discovery
  9. Effective courtroom strategies
  10. Remedies against government actors
  11. Common law background by state
  12. Assistance of counsel

We also include with this book the following additional Member Subscription items:

  1. Civil Causes of Action, Litigation Tool #10.012 - provides the elements needed to establish a civil cause of action in a common law setting.
  2. Legal Remedies that Protect Private Rights, Form #12.019 -presentation on the basics of common law litigation
  3. Pleadings and Practice in Actions at Common Law, Martin Burks.  Searchable, copyable, and pastable with bookmarks for each section.
  4. Handbook of Common Law Pleading, Benjamin Shipman.  Searchable, copyable, and pastable with bookmarks for each section.
  5. Principles of Common Law Pleading, John McKelvey.  Searchable, copyable, and pastable with bookmarks for each section.

The book is provided only in electronic format.  You can easily and inexpensively make your own paper copy of the book at any Kinkos or printing store if you follow the instructions on its cover sheet.

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Common Law Practice Guide

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Below is a complete outline of the content of this very extensive work:

PDF  PREFACE

Revision History

Table of Contents

Table of Authorities

Cases

Statutes

Regulations

Other Authorities

1. INTRODUCTION

2. WHAT IS "COMMON LAW"?

3. WHY THE COMMON LAW HAD TO BE INVENTED

4. THE MEANING OF "JUSTICE"

5. NATURAL LAW

6. NATURAL ORDER

7. STATUTORY (PUBLIC) v. COMMON LAW (PRIVATE)

8. HISTORICAL BASIS FOR THE COMMON LAW

8.1  The Magna Carta 1215

8.2  Confirmatio Cartarum, October 10, 1297

8.3  Rules from the Magna Carta 1215

9.  PUBLIC V. PRIVATE

9.1  Introduction

9.2  The purpose and foundation of de jure government:  Protection of EXCLUSIVELY PRIVATE rights

9.3  All PUBLIC/GOVERNMENT law attaches to government territory, all PRIVATE law attaches to your right contract

9.4  The Ability to Regulate Private Rights and Private Conduct is Repugnant to the Constitution

9.5  "Political (PUBLIC) law" v. "civil (PRIVATE) law"

9.6  Lawful methods for converting PRIVATE property into PUBLIC property

9.7  "Public" v. "Private" Franchises compared

10.  COMMON LAW RULES OF AMERICAN JURISPRUDENCE

10.1  General rules

10.2  Government is NOT the "sovereign".  Human beings are the only "sovereign"

10.3  There is no "federal common law" applicable within states of the Union

10.4  Your status: Sui Juris

10.5  Delegated authority

10.6  Citizenship status of PRIVATE litigants

10.7  Elements of "standing" and valid "claim"

10.8  Due process of law

10.9  Equal protection and equity rather than privilege or titles of nobility under a franchise

10.10  Evidence 

 

11.  TYPES OF COMMON LAW ACTIONS

11.1   Ejectment

11.2   Detinue

11.3   Replevin

11.4   Debt

11.5   Covenant

11.6   Special Assumpsit

11.7   General Assumpsit or Indebtitaus assumpsit

11.8   Trespass

11.9   Trespass on the case

11.10  Trover

12.  CHOICE OF LAW RULES

12.1  Precedence of law

12.2  Itemized list of choice of law rules

12.3  Summary of choice of law rules

12.4  Effects of Government Franchises on Choice of Law

12.5  How choice of law rules are illegally circumvented by corrupted government officials to STEAL from You

13.  ELEMENTS OF DUE PROCESS

13.1  Reasonable Notice and Hearing

13.1.1  Administrative Law and Process in a Nutshell, Earnest Gellhorn, 1990, West Publishing, p. 214

13.1.2  Holden v. Hardy, 169 U.S. 366 (1898)

13.1.3  Powell v. Alabama, 287 U.S. 45 (1932)

13.1.4  Fuentes v. Shevin, 407 U.S. 67 (1972)

13.1.5  Mullane v. Central Hanover Bank & Trust Co., 339 U.S. 306 (1950)

13.1.6  Brady v. U.S., 397 U.S. 742 (1970)

13.1.7  Brookhart v. Janis, 384 U.S. 1 (1966)

13.2  Absence of Presumption

13.3  Impartial decision maker

13.4  Biblical AUthories on Due Process

14.  DISCOVERY

14.1  Introduction

14.2  Guidance for Conducting Federal Admissions

14.3  Guidance for Conducting Federal Interrogatories

14.4  Government Attorneys also acting as Fact Witnesses

14.5  Good sources for questions to use during discovery

15.  COURTS

15.1  Courts of Record

15.2  Legislative "Franchise" Courts

15.2.1 Introduction

15.2.2 Tax Court: Article I

15.2.3  District Court: Article IV

15.2.4   How the Courts attempt to illegally compel "nontaxpayers" into "franchise courts" and deprive them of due process.

15.2.5  Courts hearing income tax matters are acting in an "administrative" and not "judicial" capacity as part of the Executive and not Judicial Branch

15.2.6  Constraints imposed upon the courts by the separation of powers doctrine

16.  BASIC ELEMENTS OF PROCEDURE

16.1  Sources for Common Law Maxims of Law

16.2  Choice of Forum

16.2.1  U.S. Tax Court

16.2.2  U.S. District Court

16.2.3  U.S. Court of Appeals/Circuit Courts

16.2.4  U.S. Court of Federal Claims

16.2.5  Court of International Trade

16.2.6  U.S. Supreme Court

16.2.7  U.S. Court of Appeals for the Federal Circuit

16.2.8  Comparison: Administrative v. Judicial Courts

16.3  Format of Common Law Pleadings

16.4  Courtroom Etiquette

16.5  Brandeis Rules: Supreme Court Criteria for testing the constitutionality of a government statute or action

16.6  Removals between State and Federal Court

16.7  Jury Trials

16.8  Grand Juries

17.  EFFECTIVE COURTROOM STRATEGIES

17.1  Be aware of limitations upon government counsel

17.1.1  Criminal proceedings require a human being injured party to be represented by the state ("corpus delecti")

17.1.1  Government officers cannot act as petit or grand jurists because they have a conflict of interest

17.2  Be aware of limitations upon judges

17.2.1  Judges cannot represent litigants or speak for them, including entering a plea

17.2.2  Government judges lawfully cannot rule in cases involving the government

17.2.3  Limits on Judicial authority to "say what the law is"

17.3  Interacting with the judge

17.4  Which constitution?

17.5  Describing and protecting your status in court motions and pleadings

17.6  Affidavit of Facts at commencement of action

17.7  Challenging Jurisdiction

17.8  Challenging prejudicial presumptions

17.9  Preventing accusations that your pleading is "frivolous"

17.10  Avoiding sanctions for frivolous tax arguments

17.11  Avoiding court sanctions

17.12  Filing original actions in U.S. Supreme Court Under S.C. Rule 17

18.  WRITS

18.1  Writ of Execution

18.2  Writ of Error Coram Nobis

18.3  Writ of Eror

18.4  Nisi Prius Writ

19.  REMEDIES AGAINST INJURIES BY GOVERNMENT ACTORS

19.1 Remedies At law

19.1.1  Federal Tort Claims Act
19.1.2  False Claims Act

19.2 Equitable remedies

19.2.1  Suing agents personally for exceeding the scope of their authority

20. RESTRICTIONS UPON COMMON LAW ACTIONS BY STATE

21. ASSISTANCE OF COUNSEL

22. SUMMARY JUDGMENT

23. RESOURCES FOR FURTHER STUDY AND REBUTTAL

24. LITIGATION TOOLS FOR FREEDOM FIGHTERS

WARNING:  The contents of this book is subject to the terms of our Disclaimer.  Please read and heed.

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