Citing case law


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Posted by Two Cities on November 04, 1997 at 01:02:22:

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.



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