COMMON LAW PRACTICE GUIDE
Litigation Tool #10.013

317 pages; 25 Chapters 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: History and theory of the common law Natural order and natural rights Public v. Private rights Rules of the common law Common law actions Choice of law Court procedure Discovery Effective courtroom strategies Remedies against government actors Common law background by state Assistance of counsel We also include with this book the following additional Member Subscription items. The last three are provided with a download link on the cover page of the book. Civil Causes of Action, Litigation Tool #10.012 - provides the elements needed to establish a civil cause of action in a common law setting. Legal Remedies that Protect Private Rights, Form #12.019 -presentation on the basics of common law litigation Pleadings and Practice in Actions at Common Law, Martin Burks.  Searchable, copyable, and pastable with bookmarks for each section. Handbook of Common Law Pleading, Benjamin Shipman.  Searchable, copyable, and pastable with bookmarks for each section. 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 copy center or office supply store if you follow the instructions on its cover sheet.

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

  PREFACE

Revision History

Table of Contents

Table of Authorities

Cases

Statutes

Regulations

Other Authorities

1. INTRODUCTION

2. DEFINITION OF "COMMON LAW"?

2.1  SEDM Definitions

2.2  How the "Common Law" is defined by the "Common Law" Itself.

2.3  Blacks Law Dictionary

2.4  Lexis+ Defintiion

2.5  U.S. Supreme Court

2.6  The Constitution of the United States of America, Analysis and Interpretation, Congressional Research Service

2.7  Cornell University

2.8  Wikipedia

2.9  Encyclopedia Britanica

2.10  Legal Dictionary

2.11  U.S. Legal

2.12  Merriam Webster's Dictionary

2.13  Wikitionary

2.14  North Carolina Pedia

2.15  Pastor Brook Stockton, a Pastor with a PhD in Theology and 40 years in ministry

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 Common law or Statutes?

12.2 Constitution or Statutes?

12.3 Choice of lw WITHIN Statutes

12.4 Constraints upon common law and constitutional actions in state or federal court

12.5 Do secular judges REALLY even have any biblical authority to CHANGE the Choice of Civil law AWAY from God's law?

12.6 How CHANGING the source of Law from God to Caesar enslaves the people

13.  INVOKING THE COMMON LAW IN COURT

13.1 Trial by Jury Demanded

13.2 Affidavit of Civil STatus to FORCE the Common law as the Only Legitimate Choice of Law

14.  ELEMENTS OF DUE PROCESS

14.1  Reasonable Notice and Hearing

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

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

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

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

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

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

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

14.2  Absence of Presumption

14.3  Impartial decision maker

14.4  Biblical AUthories on Due Process

15.  DISCOVERY

15.1  Introduction

15.2  Guidance for Conducting Federal Admissions

15.3  Guidance for Conducting Federal Interrogatories

15.4  Government Attorneys also acting as Fact Witnesses

15.5  Good sources for questions to use during discovery

15.5  Answering deposition questions as a defendant relating to your standing and civil status in court.

16.  COURTS

16.1  Courts of Record

16.2  Legislative "Franchise" Courts

16.2.1 Introduction

16.2.2 Tax Court: Article I

16.2.3  District Court: Article IV

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

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

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

17.  BASIC ELEMENTS OF PROCEDURE

17.1  Sources for Common Law Maxims of Law

17.2  Choice of Forum

17.2.1  U.S. Tax Court

17.2.2  U.S. District Court

17.2.3  U.S. Court of Appeals/Circuit Courts

17.2.4  U.S. Court of Federal Claims

17.2.5  Court of International Trade

17.2.6  U.S. Supreme Court

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

17.2.8  Comparison: Administrative v. Judicial Courts

17.3  Format of Common Law Pleadings

17.4  Courtroom Etiquette

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

17.6  Removals between State and Federal Court

17.7  Jury Trials

17.9  Grand Juries

18.  EFFECTIVE COURTROOM STRATEGIES

18.1  Using the government's courtroom or court reporter

18.2  How big should the common law jury be?

18.3  Jury Selection

18.4  Be aware of limitations upon government counsel

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

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

18.5  Be aware of limitations upon judges

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

18.5.2  Government judges lawfully cannot rule in cases involving the government

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

18.6  Interacting with the judge

18.7  Which constitution?

18.8  Describing and protecting your status in court motions and pleadings

18.9  Affidavit of Facts at commencement of action

18.10  Challenging Jurisdiction

18.11  Challenging prejudicial presumptions

18.12  Preventing accusations that your pleading is "frivolous"

18.13  Avoiding sanctions for frivolous tax arguments

18.14  Avoiding court sanctions

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

19.  WRITS

19.1  Writ of Execution

19.2  Writ of Error Coram Nobis

19.3  Writ of Eror

19.4  Nisi Prius Writ

20.  REMEDIES AGAINST INJURIES BY GOVERNMENT ACTORS

20.1 Remedies At law

20.1.1  Federal Tort Claims Act
20.1.2  False Claims Act

20.2 Equitable remedies

20.2.1  Suing agents personally for exceeding the scope of their authority

21. RESTRICTIONS UPON COMMON LAW ACTIONS BY STATE

22. ASSISTANCE OF COUNSEL

23. SUMMARY JUDGMENT

24. RESOURCES FOR FURTHER STUDY AND REBUTTAL

24.1 References, Research, and History

24.2 Our Practice Guides

24.3 Forms of Common Law Pleadings

25. LITIGATION TOOLS FOR FREEDOM FIGHTERS