COMMON LAW PRACTICE GUIDE
Litigation Tool #10.013
317 pages; 25 Chapters
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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
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.
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Below is a complete outline of the content of this very extensive
Table of Contents
Table of Authorities
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
2.9 Encyclopedia Britanica
2.10 Legal Dictionary
2.11 U.S. Legal
2.12 Merriam Webster's Dictionary
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
9.2 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
11. TYPES OF COMMON LAW ACTIONS
11.6 Special Assumpsit
11.7 General Assumpsit or Indebtitaus assumpsit
11.9 Trespass on the case
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
15.2 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.
16.1 Courts of Record
16.2 Legislative "Franchise" Courts
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
19.1 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
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
The contents of this book is
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Please read and heed.