olde reb
Forum Replies Created
-
Tell me if I am too far off base on this.
The Roman Civil Law is the basis for what is now known as administrative law. If you Petition an executive branch of government (IRS tax court, zoning hearing, DOR for review of tax assessment, etc.), you are dealing in Roman Civil law. You are guilty upon accusation and must prove yourself innocent. Hearsay evidence is allowable (This state has specific legislation allowing the DOR to use hearsay in the writing of Assessments.) No jury trials. The burden of proof is upon the citizen. There are no constitutional rights unless the legislators wish to grant them.
The Roman Civil law is in contrast to the British law as originated with the Magna Carta. Innocent until proven guilty–burden of proof upon the government to prove you guilty–hearsay evidence not permitted, etc. British law is what is practiced in U.S. judicial courts.
The common law is in contrast to the King's law–of old Britain. The common law was unwritten but the countryside agreed that that was the way it was done. You could not steal the neighbor's cow even if there was no law that said you could not. The railroad could not extend a heavy mail pick-up-up hook from the side of the speeding train, kill a man walking beside the train, and expect to go free. That was the issue in the famous common law case of Erie Railroad v Tompkins. You had a common law right not to get killed walking beside a moving train. The King's law had to be written and published so people would know what could not be done—as demanded by the Magna Carta. It prevented arbitrary action by the king.
The King's law is now statute law. Whenever a new statute covers an established common law provision long held by society, the common law is abrogated by the statute law.
An action at law is in contrast to an action in equity. Equity power is expansive ( includes injunctions, writs of Prohibitation, etc.) while a court's power at law is very limited. The two forms have been merged for judicial efficiency many years ago by code pleading but the two authorities theoretically still exist separately (some say).
-
Black's Law Dictionary, Revised Fourth Edition (that ought to give some information as to when I bought it) does not have suo jure. It does have suo nomine as “In his own name.”
Personally, I decline to use any Latin terms. I feel it adds too much mystic to law. I usually write “In my own person.” or some such. I have never had any comment from any court.
-
The link is broken. Is any information available as to what was on it ??
-
Bing,
The initial post on this thread is related to a Motion to Dismiss the indictment for failure to identify a crime that has been updated. It is applicable to income tax cases that rely upon Chapter 75 (IRC 7201 through 7215) to identify the “known legal duty” that is required for a valid indictment. It also challenges the Procedural Rule that authorizes an indictment without an identifying statutory violation as an unacceptable denial of a constitutional provision of Due Process.
The MTD runs to about 35 pages at 1 1/2 line spacing and includes some instrucation and discussion. Is it anything that you would want to use or post in the forum ??
The grounds for the MTD have also been formulated into a HC action.
Olde Reb
PS Dickstein, Cryer, and Becraft want NO part of it.