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Keyword: commonlaw

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  • Happy common-law birthday!

    06/22/2014 9:32:21 AM PDT · by right-wing agnostic · 8 replies
    The Volokh Conspiracy ^ | June 20, 2014 | Eugene Volokh
    An odd fact: Under the common law, as reported by Blackstone’s Commentaries: [F]ull age in male or female is twenty one years, which age is completed on the day preceding the anniversary of a person’s birth. And here is the explanation from Edward Christian, who edited the 1803 edition of Blackstone, If he is born on the 1st of January, he is of age to do any legal act on the morning of the last day of December, though he may not have lived twenty-one years by nearly forty-eight hours: the reason assigned is, that in law there is no...
  • The English Common Law Definition of Natural Law Is Not Part Of The Law Of Nations.

    01/24/2012 5:37:37 PM PST · by Danae · 23 replies
    Natural Born Citizen ^ | 1/24/2012 | Leo Donofrio Esq
    The English Common Law Definition of Natural Law Is Not Part Of The Law Of Nations. Some have written to ask me whether the Law of Nations is based on natural law, and whether this creates a contradiction to my argument in the Amicus Brief I have submitted in the Georgia POTUS eligibility cases. The answer is no, it is not a contradiction in any way, shape or form. And here’s why:Customs of international law have developed over millenia as nations have confronted each other. These customs created international law, aka, the Law of Nations. The Law of Nations respects...
  • Justices asked to review ruling; Attorney general opposes decision on police searches

    05/21/2011 5:40:57 AM PDT · by John W · 32 replies · 1+ views
    Fort Wayne Journal Gazette ^ | May 21, 2011 | Niki Kelly
    INDIANAPOLIS – Indiana Attorney General Greg Zoeller on Friday joined the chorus of Hoosiers protesting a controversial Fourth Amendment ruling recently decided by the Indiana Supreme Court. Zoeller released a statement saying he will support a rehearing of the case due to concerns that the court ruled too broadly when it found citizens have no right under common law to reasonably resist police who unlawfully enter their homes. The Barnes v. State ruling came last week and was the first major opinion penned by Justice Steven David – Gov. Mitch Daniels’ appointment. “We believe however that a right to resist...
  • Natural Born Citizen Not Same as Natural Born Subject

    In feudal or monarchical constitutional theory, individuals were the subjects of a monarch or sovereign, but the republican constitutional theory of therevolutionary and post-revolutionary period conceived of the individual as a citizen andassigned sovereignty to the people. The distinction between citizens and subjects is reflected in Chief Justice John Jay’s opinion in Chisholm v. Georgia, [2 U.S. (2 Dall.)419 (1793)the first great constitutional case decided after the ratification of the Constitution of 1789: [T]he sovereignty of the nation is in the people of the nation, and the residuary sovereignty of each State in the people of each State . ....
  • Kagan: Unfit for the Supreme Court

    07/05/2010 5:08:16 AM PDT · by Scanian · 12 replies
    The American Thinker ^ | July 05, 2010 | James H. Warner
    On June 30, in her confirmation hearings, Solicitor General Elena Kagan gave a response which gives me pause about her fitness to serve on the Supreme Court. Senator Tom Coburn, Republican of Oklahoma, asked her view of the natural right to self-defense. She responded, hesitantly, that she didn't have a view of natural rights, independent of the Constitution. But natural rights, independent of the Constitution, form the very fabric of it. Let me explain. The US Supreme Court, the court to which Elena Kagan aspires, said in Ex Parte Grossman, 267 US 87, 108 (1925), "The language of the Constitution...
  • Shackin' up just isn't the same as tying the knot

    03/02/2010 8:10:09 PM PST · by canuck_conservative · 28 replies · 742+ views
    Reuters / National Post [Canada] ^ | Tuesday, March 2, 2010 | Deborah Zabarenko
    U.S. marriages last longer than unions where couples live together outside matrimony, the Centers for Disease Control reported today. About 78% of marriages lasted five years or more, compared with less than 30% of what the CDC called cohabiting unions, or couples living together outside marriage. One reason cohabitations were shorter-lived than marriages is that 51% of couples who lived together made the transition to marriage within three years, CDC said in a statement.... Other findings: • The odds of staying together 10 years or longer in a first marriage are better for couples of the same racial origin, the...
  • The Law of Nations and Not English Common Law Defines [a] "Natural Born Citizen"

    08/23/2009 10:19:26 AM PDT · by Vincent Jappi · 7 replies · 806+ views
    A Place to Ask Questions To Get the Right Answers ^ | August 20, 2009 | Mario Apuzzo, Esq.
    Given the profound differences between the citizenship rules associated with the English common law and those connected with American national citizenship, it is evident that the Founders did not use English common law to define what an Article II “natural born Citizen” is but rather used the law of nations for that purpose.
  • William S. Stevens, 60, Dies; Wrote Infield Fly Note

    12/12/2008 7:03:13 PM PST · by T-Bird45 · 3 replies · 900+ views
    New York Times ^ | 12/11/08 | William Grimes
    William S. Stevens, whose slyly humorous law-review note on the relationship between baseball’s infield fly rule and Anglo-American common law became one of the most celebrated and imitated analyses in American legal history, died Monday in Anchorage, where he was working. He was 60 and lived in Narberth, Pa. "The Common Law Origins of the Infield Fly Rule," 1975 The cause was a heart attack, said T. Dennis Sullivan, his brother-in-law. Mr. Stevens was a law student at the University of Pennsylvania in 1975 when he wrote an anonymous note for the university’s law review that drew an ingenious analogy...
  • LEO DONOFRIO COMMENTS ON JUDAH BENJAMIN ARTICLE CONCERNING NATURAL BORN CITIZEN AND THE COMMON LAW

    12/02/2008 10:05:36 AM PST · by MHGinTN · 45 replies · 1,281+ views
    Leo Donofrio ^ | 12/1/08 | Leo Donofrio
    On November 28, 2008, Judah Benjamin published an article at the Texas Darlin blog which discussed my case and the natural born citizen issue. While I enjoyed reading this article, and I agree with the conclusion - that Obama is not eligible - I disagree with the basis upon which that conclusion was made. (snip)... There are two mistakes in his article which need to be addressed. FIRST MISTAKE: Failure to state cited law was repealed. Judah mentions the 1790 naturalization act as follows: (snip) ... SECOND MISTAKE: Failure to properly analyze common law. Congress having repealed the”natural born provision”...
  • Origins of California real estate law (vanity)

    10/31/2008 10:55:58 AM PDT · by wac3rd · 184+ views
    The English commmon law system began with William the Conqueror's Norman invasion of England in 1066. During that period, England was a fractionalized island since various invaders had established settlements, including the Angles, Saxons, Celts and even the Vikings. Naturally, these distinctive peoples spoke different languages and settled legal disputes based on their own local customs. William the Conqueror's goal was to create one uniform or common language and one common law for all of England.
  • Georgia judge voids 10 year sentence in conseunsual teen sex case.

    06/11/2007 11:05:28 AM PDT · by John Cena · 368 replies · 7,477+ views
    ATLANTA — A Georgia judge on Monday voided a 10-year sentence given to a man who was convicted while a teenager of having consensual oral sex with a 15-year-old girl. Monroe County Superior Court Judge Thomas Wilson voided Genarlow Wilson's sentence and dropped it to misdemeanor aggravated child molestation with a 12-month sentence, plus credit for time served. Under the new ruling, he will not be required to register as a sex offender
  • Unmarried couples could be granted 'divorce' rights

    10/31/2006 3:26:55 AM PST · by Mrs Ivan · 25 replies · 770+ views
    The Daily Mail ^ | 31st October 2006
    Unmarried couples will be able to claim a share of each other's wealth if they break up under new laws planned by ministers. Cohabitees could be entitled to divorce-style payments if they split, including lump sums, maintenance payments or a share of property and pensions. Family justice minister Harriet Harman said: "There is evidently a problem where a couple have lived together for a long time, brought up children together, she's stayed at home so he could go out to work and pay the mortgage, and she discovers at the end of the relationship that she's left without a roof...
  • The Perversion of Our Laws

    10/13/2006 11:09:53 AM PDT · by Rurudyne · 33 replies · 1,033+ views
    First let me say that the legal profession HAS inflicted an incalculable harm on this nation in the manner in which they have exercised stewardship over our laws. Part and parcel of the problem with our legal system is that it no longer happens in a language that is actually English. Sure, it uses words and syntax that are similar to ordinary speech, but the usage and logic form a specialized jargon that only lawyers tend to have mastery of. The use of this jargon, this legalese, was justified by the stated desire for precision in legal matters; however, it...
  • Ghost of Napoleon haunts Tony Blair (Napoleonic Law vs. Common Law 200 Yrs Later)

    12/05/2005 5:00:58 PM PST · by RWR8189 · 35 replies · 3,763+ views
    Los Angeles Times ^ | December 5, 2005 | Niall Ferguson:
     The divergence of Britain from the Continent can be traced to Bonaparte's greatest victory 200 years ago -- and his enduring legacy.IT IS IN Book III of "War and Peace" that Tolstoy memorably describes the Battle of Austerlitz — "the battle of the three emperors" — the 200th anniversary of which fell on Friday. This was the greatest victory of Napoleon Bonaparte's career. At the time, it seemed far more important than his navy's defeat at Trafalgar two months before. Its consequences are still with us. By routing the combined armies of Austria and Russia, Austerlitz enabled Napoleon literally to...
  • Britain’s Unique Heritage of Law Threatened by an EU Police State

    01/25/2005 11:42:35 AM PST · by -=[_Super_Secret_Agent_]=- · 17 replies · 655+ views
    EIPS ^ | Tuesday, January 25, 2005 | Michael A. Clark
    Britain’s Unique Heritage of Law Threatened by an EU Police State A Napoleonic System of Repression Now Confirmed in Corpus Juris Michael A. Clark A very grave threat now exists to the ancient liberties of the citizens of the United Kingdom. The whole foundation of the judicial law in the nation state is about to be overturned by a system based on dictatorship and oppression of the spirit. The plan to impose a single criminal justice system throughout the European Union, including the United Kingdom, is advancing at a rapid pace. Under the system proposed by Brussels, known as Corpus...
  • Freedom in Jeopardy: A Case against the EU and Internationalism

    01/16/2005 5:54:13 PM PST · by -=[_Super_Secret_Agent_]=- · 4 replies · 509+ views
    http://www.geocities.com/graymada/CB/jeopardy.html ^ | January 15, 2004 | Darren Andrews
    Freedom brings Happiness All people want to be free. We can only grow and learn to the degree that we are free. We can only know true fulfilment to the degree that we are free. It is only through being free that mankind can reach his potential. In short, we can only be happy to the degree that we are free, for those things which bring us true joy can only be obtained through the use of those faculties which freedom vouchsafes to us; and through experience we know that being forced or coerced is anathema to both the human...
  • Common-law marriage about to end in state

    12/19/2004 10:57:05 AM PST · by Willie Green · 61 replies · 1,667+ views
    The Pittsburgh Tribune-Review ^ | Sunday, December 19, 2004 | Rich Cholodofsky
    In less than two weeks, the only way people will be able to marry in Pennsylvania is with a license. No more can two people just declare their intentions to be wed, live together and legally call themselves married. And that means the benefits of marriage -- pensions, Social Security, health insurance and any other inheritances -- will only be available to spouses with a legal document that proves their union. "I think it's just a concept that time has passed," said Sen. Mary Jo White, a Franklin Republican.
  • The Ins and Outs of Jury Nullification

    07/02/2004 11:28:32 PM PDT · by betty boop · 39 replies · 1,427+ views
    self relying on various ^ | July 2, 2004 | Jean F. Drew
    The Ins and Outs of Jury Nullificationby Jean F. Drew If a juror accepts as the law that which the judge states then that juror has accepted the exercise of absolute authority of a government employee and has surrendered a power and right that once was the citizen’s safeguard of liberty, -- for the saddest epitaph which can be carved in the memory of a vanished liberty is that it was lost because its possessors failed to stretch forth a saving hand while yet there was time. -- Thomas Jefferson The Framers of the Constitution of the United States were...
  • Constitutional Ignorance Invites Tyranny

    06/01/2004 8:23:01 AM PDT · by eakole · 13 replies · 323+ views
    Constitutional Ignorance Invites Tyranny "It is the leaders of the country who determine the policy and it is always a simple matter to drag the people along, whether it is a democracy, or a fascist dictatorship, or a parliament, or a communist dictatorship. Voice or no voice, the people can always be brought to the bidding of the leaders. That is easy. All you have to do is tell them they are being attacked, and denounce the peacemakers for lack of patriotism and exposing the country to danger. It works the same in any country." Reichsmarschall Hermann Goering =================================== It...
  • JUDICIAL IMMUNITY=JUDICIAL TYRANNY

    02/25/2004 6:24:54 PM PST · by Ms12Gauge · 40 replies · 329+ views
    Vanity | 2/25/04 | Ms12Gauge
    Judges have taken over the law. With the help of legislators who are also members of the BAR Assn., they have literally revised nearly every legal definition to suit the political and personal agenda of individuals. Our Constitution, and the foundations of our very liberty are at stake. The concept of allowing total immunity, such that even the most egregious and outrageous judicial dicatator is allowed, is unconscionable. To have to address a board of the judges' peers or even subordinates, to address a grievance or present a malfeasance case is ridiculous. They simply close ranks, no matter HOW badly...
  • U.S. Answers To Higher Law

    08/20/2003 12:01:20 PM PDT · by webber · 204 replies · 398+ views
    USA Today ^ | Rev. Rob Schenck
    <p>It could be argued that the Ten Commandments should be publicly displayed for no other reason than that these precepts informed our Founders. Our system of law is based on English Common Law, which had its moral foundation in the Ten Commandments.</p>
  • Appeal Seeks To Establish Right to Trespass on Clinic Property To Stop Involuntary Abortions

    02/12/2003 2:46:51 PM PST · by Notwithstanding · 81 replies · 391+ views
    TMLC ^ | 2-12-2003 | staff
    In an appeal filed last week, a Wisconsin Appellate Court is being asked to recognize under State law a “necessity defense,” which would give pro-life demonstrators the right to trespass on clinic property in order to stop involuntary abortions. The controversial position is based on the common law rule that one is privileged to enter on another’s property if it is or reasonably appears to be necessary to prevent serious harm to a third person. According to the Wisconsin State Constitution, the common law is preserved in the State until it has been altered or changed by the legislature. The...
  • Common law not equal to marriage [Unmarried couples denied right to 50/50 asset split]

    12/20/2002 6:13:37 AM PST · by Lorenb420 · 18 replies · 694+ views
    National Post ^ | 2002-12-20 | Janice Tibbetts
    OTTAWA - The Supreme Court has ruled that common-law partners do not have a guaranteed right to a 50-50 split of assets when their relationships end, a decision critics say will have a devastating effect on hundreds of thousands of women and children. In an 8-1 decision, the court found estranged cohabitants can fight it out in court, but provincial matrimony property laws do not have to be expanded to automatically cover people who are not married. Justice Michel Bastarache concluded "choice must be paramount" for couples who have not legally wed. "With married couples there is a permanent and...
  • The Constitution and Common Law

    05/20/2002 9:17:40 AM PDT · by aconservaguy · 429+ views
    Intercollegiate Studies Institute ^ | Oct. 18, 2001 | James R. Stoner, Jr.
    Lecture Archive On October 18, 2001 ISI co-sponsored the following lecture by Dr. James R. Stoner, Jr. with the Pi Sigma Alpha chapter at the United States Air Force Academy in Colorado Springs, Colorado. Dr. Stoner is Associate Professor of Political Science at Louisiana State University. "A Harmonious and Consistent Whole": The Framing of the Constitution and the Common Law" James R. Stoner, Jr. Louisiana State University It's an honor to lecture today at the Air Force Academy. The other week, in teaching Thucydides to my own students at LSU, it struck me that what the navy was to ancient...