Re: Citing case law

[ Follow Ups ] [ Post Followup ] [ Supreme Law Firm Discussion Forum ] [ FAQ ]

Posted by ruperto alvarez on June 23, 1998 at 15:21:52:

In Reply to: Re: Citing case law posted by Two Cities on November 04, 1997 at 12:56:09:

: : : 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.

: Thanks again. Your comments in many places have been very helpful in brushing sand out of the gears.
: Sometimes we should trade the snapshot of the htm file of the titles. Just to see if we are looking
: at the same thing. Hotmail? Hmmm. Anything free is worth exactly what you end up paying for it.

Follow Ups:

Post a Followup




Optional Link URL:
Link Title:
Optional Image URL:

[ Follow Ups ] [ Post Followup ] [ Supreme Law Firm Discussion Forum ] [ FAQ ]