Posted by Teresa Willis on June 21, 1998 at 16:52:41:
In Reply to: Re: Citing case law posted by Common Right Group on November 04, 1997 at 02:21:56:
: : If a case is cited, is all "law" that that case ever touched,
: : including the cites within the cited case, incorporated by reference?
: : If one does not know, or have time or 'money' to research each
: : reference to law within the cite(cite(cite)), and ascertain the seal
: : that issued the law as being on the constitutional side, rather than
: : the corporate side, does that mean accquiescense to corporate jurisdiction
: : by voluntarily invoking the buried law?
: : Would it be better (safer) to argue all cases de novo, only referencing
: : 'gold' standards, such as the several constitutions, the Bible (which translation), and
: : case law with a presumed constitutional content only?
: : Any case law past 1861 might thus be suspect?
: : The court may give "in camera" recognition to the several constitutions,
: : but may pounce on any opportunity for the exercise of public policy.
: This is NOT the case of U.S. v. XYZ. This IS the case of Me vs. Them. Now, Mr. Judge and Mr. opposing attorney, if there is a principle of Law hear, I'd like to hear it under the Maxim "Where the reason is the same, the rule should be the same."
: The courts' job is to declare the law and to determine the law's applicability to a given set of circumstances/case, not to make the law.
: There is a place for Case Law, but don't use it frivolously and don't let the other party use it as a catch-all. Object whenever case law is brought up. Object immediately and strenously. That preserves rights and makes the record for appeal, if necessary.
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