Welcome To A Study Of
Common Law Process
If you’re tired of being a lap dog of the legal system in your city or town, there are some very simple concepts in law that you can learn which will put the law on your side and help you defeat any victimless traffic citation you may be issued. If you would like to learn how to assert your lawful rights while confronting crony corporate government and win every time without having to go to court, keep reading. . .
When the term “common law” comes up in conversation these days most people often don’t know what to make of it. They often erroneously think of it as being some antiquated form of law that the legal system in the united States of America once followed in times past, but no longer does. However nothing could be farther from the truth. This country was founded on common law principles, and the maxims of law that make up the common law (which is actually based on the law of nature or natural law) are the foundation for all law that mankind has ever acknowledged, in both the common law and the legislative (statutory) law arenas.
Dormiunt aliquando leges, nunquam moriuntur. The laws sometimes sleep, but never die.
If there is one thing that the majority of present day Americans are ignorant of, it is both the history and the significance of law as it has developed in our country. In fact, the common law came into existence long before written law (legislative law) or a formalized court system ever existed. The people decided for themselves (based on commonly held ethics and morality) what was to be the law. As such, the common law is truly the law of the people due to the fact that the people themselves agreed in common upon what the law was to be.
How our common perceptions of the law has changed over the years is a story in itself. Suffice it to say that with the rise of the concept of the legal fiction (defined and known as a “corporation, partnership, trust, individual, or person”) came changes in the way that government run courts adjudicated matters of controversy in commerce. The law, as we once knew it, was no longer. Now everything was being presumed to be in commerce (whether it actually was or not!). Your natural (unalienable) rights can be found in the common law jurisdiction; only today, you have to be able to assert that jurisdiction in order to retain them.
Today, if a grievance is taken to a government court and you agree to be represented there as a legal fiction, then things changed dramatically in the way that courts settle matters. As a legal fiction, natural men and women were now under legislative and administrative law (statutorily derived law) and no longer demanding the common law while at the same time waiving substantive rights. Unfortunately, most people were unaware of what they had just agreed to. And the courts were more than willing to profit from the people’s ignorance.
The United States Code Defines
The Term “Motor Vehicle”
In United States Code, Title 18, Section 31(a)(6) it states: “The term motor vehicle means every description of carriage or other contrivance propelled or drawn by mechanical power and used for commercial purposes on the highways in the transportation of passengers, passengers and property, or property or cargo.”
Section 31(a)(10) states: “The term ‘used for commercial purpose’ means the carriage of persons or property for any fare, fee, rate, charge or other consideration, or directly or indirectly in connection with any business, or other undertaking intended for profit.”
From the foregoing defintion of Title 18 of the U.S. Code, which supersedes all State Motor Vehicle Code, we learn that there must be a commercial use of the “motor vehicle” in order for it to fall under regulation by the State or municipality. Absent such specific use, the code does not apply (unless, of course, you ignorantly consent to it).
The Courts Are Not Empowered To
“Presume” The Existence Of Your Consent
Although they do it all the time, courts are not empowered to “presume” your consent to surrender any of your sovereignty to them. Yet, if you do not challenge in personam and subject matter jurisdiction, they will presume your consent to jurisdiction every time. And in a government administrative court (which is what a so-called “Traffic Court” actually is) once you acquiesce to jurisdiction, you waive your Constitutional rights. An administrative court is not a common law “court of record;” it is a legislative “court of no record.” Therefore the Constitution is bypassed, and you are at the mercy of the magistrate in charge.
What most people don’t know is that jurisdiction can be challenge at any time, even after a judgment is reached and the defendant is sentenced, fined, or serving time.None found.