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By the way, this is an action at common law.

How did you get to common law?

song and dance about common law being first.

Common law applies when statutory law does not cover an issue.

One of the parts of it is that it proceeds according to the common law.

definition basis of the law of our society of statutes and common law or whatever, or

Is it all common law?

declaration of the common law, it says that the common law will be the law of this state

Is the common law of England prior to, because in that fourth year is when James decided

Well, what is common law?

My understanding of what- Common law is simple.

I don't think common law can be defined.

I think common law- It can't be defined.

Common law can- It can't be defined.

Common law cannot be defined.

Common law.

Randy, what's common law?

It's common law.

What in the hell is common law anyway, because I'm getting sick of it.

Common law is starydesis.

That's when common law clashes.

I've got to beg to differ with you on that, Randy, because really the common law is the

common law that existed in England.

Randy is saying that common law applies when statutory law does not apply.

Statutory law stands above common law.

Where statutory law doesn't address an issue, then the common law applies.

Because a court of record, by definition, it proceeds according to the common law.

the common law can be applied.

It is only case law, stare decisis, and common law, and what people have agreed upon.

It's not only that, but I could also throw in some things that common law doesn't exist

I mean, when you move away from statutory law into contract law, I mean into common law.

Common law only applies where statutory law doesn't.

And you can bring in any law that you want, common law into the public or whatever, as

You have to go and find the statute, common law, the case law that supports whatever kind

Wait. So the rule under common law is that under rare instances that the causes of action arising

Common law, by court

And this would be more like a common law copyright

And so what you guys are saying is not necessarily to go by that route, but this is a common law private kind of agreement

If I produce a work of art or like a writing, I already have a common law copyright on that

then I may do that thing so long as I don't violate a common law

That would violate a common law right of everybody else.

or violate a common law right of someone else,

I do aid the guy who starts out with international common law registration being of age of majority

or a common law duty violates that duty, that's negligence per se.

about the common law and uniform commercial code and applications of it.

And then you specify the statute or the common law right that gives you a right to walk into court and ask for damages.

Some place in there you would wedge in that you're entitled to damages and punitive damages or actual damages, compensatory damages, attorney fees, et cetera, based on a particular statute or a common law doctrine.

Isn't that good enough? Yeah, that's the issue. It goes to common law.

Under common law, if I don't vaccinate my animals and we're in an

chipping a cat, that doesn't go to common law.

Let's go back to common law. Common law is about common sense

So we're trying to go through the proper channels probate court and a woman has entered the picture trying to claim she was his common law wife

But it really goes to common law or federal due process. I have it in terms of state law, Texas state law, but we need to convert it into other states

Have you got common law fraud, fraud pro se?

Fraud by nondisclosure, common law fraud, statutory fraud, you got false imprisonment.

Okay, the way I analyze it is that it goes all the way back to the fundamental tenets of common law,

So I can't go in there with ideas and beliefs about the common law.

And the common law, I mean, the torrential code is going to have its place

I mean, I guess it's common law, it's case law, that's making a lot of these determinations.

then we could deal with the common law, and therefore we could deal with the Constitution.

If we had common law, then the funny money advocates and proponents would be in jail,

Which tells us we are not dealing with a common law based system.

Common law, typically law of the land, and we don't have a law of the land system.

Under a common law system, those who are doing the money would be going to jail.

I mean, a human being, a private citizen under the common law definition.

but I mean literally since the 1500s when Lord Coke did common law counsel in England

under which the statute was enacted, legislative history, common law or formal statutory provisions

Common law was the kind of law used in England.

I told him that I was traveling in common law and I said to him

Nor does the common law provide support for a municipal

It was unknown to the common law.

In most every state except for the common law states

Well, I defer the exact statute to these guys, but just from common law, I would say anything that I create is mine, period.

Yeah, anything that I create or build, I mean, this goes to, you know, common law of copyright, all right?

our study has to convert back to Constitution and common law we always

want bring them back to common law and Constitution because everything that's

private property if you bring them back to constitutional and common law they

do not have jurisdiction on common law without a invitation by the property

the common law governs so anything that's addressed by penal code code of

criminal procedure rules of civil procedure it trumps the common law yeah

case law really is it's common law

when people say they want to go back to the common law i say i don't

common law is law ruled by judges i want the judges control

by statute not by their own opinions i didn't take common law to be that at

all common law is what's ruled by the people not

by judge yeah it's it's you go back common law is is what has been ruled

So the understanding is law comes from God and then the common law emanates from that in the Ten Commandments.

And they're written in statutory law, not common law or not commercial law.

and run a concurrent common law action on him as well.

that's what I'm trying to get to okay so go ahead yes specifically different how they're specifically different when a private individual engages in private trade or common law trade as opposed to a corporation engaging in trade how are these two different

Does that apply to me or does that, or common law applies to me?

All that's in Constitution is Admiralty and common law, from what I can see.

Yes, if we were in the common law, then this would probably not be so difficult an argument, but we're not.

I said, well, the criminal, if it's criminal, then it needs to be under the common law or under,

I guess, what is it, criminal or common law?

However, but he answered affirmatively that it was under the common law.

And that's when I said let the record reflect that this is criminal action under the common law.

Is it under common law?

But if you're just a common law traveler, and you use the highways, which belong to

Now I do file all in the common law, and I sent you a bunch of email on that.

do believe this, it is a distinction, or the catalyst, between the common law and the statutory

When you go into amnesty, you go into like a common law, which is actually the law of the land.

It may well be commercial and common law, but maritime is not, the lien is not a maritime lien.

and how it goes into common law, remember when you were discussing that a little while ago?

And it has to do is they cannot overrun, the statutes and stuff cannot overrun the common law,

You're not going to operate under France or England law, so you have to have that common law.

Well, because a Federal Reserve note obviously can't be recognized at common law, right?

Well, it is by conjecture because under the common law,

if you contract with someone to paint their house for 100 Federal Reserve notes, under the common law,

Under the common law.

Under common law?

If I accept green frog skins for compensation, for consideration, that's my business under common law.

because an annulty it goes into common law okay and I'm gonna find it that's

corporation didn't do it you punched a real man you're under common law and you

crime all right it's a common law crime it is harm against another now there is

it's based on the common law okay now all they're dealing with remember they

is saying which is based on common law things like assault common law crimes

common law and when I'm in statutory law well also a lot of it's going to have to

man are based in common law like murder or whatever and so it really does serve

go to find common law there there you don't that was my other question it is

definite but common law is indefinite what then and it's even mentioned in our

I can go by how can I cite common law the only thing I know is that is citing

Absolutely. When you declare a common law, first of all, with the revocation of power of attorney,

in the common law is that they do not want to touch any common law declaration,

I did the common law copyright, so I saw that working.

because, okay, yes, it's a common law copyright, but they can tell you, no, we can't do anything if you're not trying to enforce it.

Common law, right.

Common law?

Yes, it's called common law.

where I was just going to criminal complaint everything in the common law.

In the common law, you file a declaration.

So to me, the common law outlines everything as far as I'm concerned.

Yes, yes, well you know I have been looking over the common law statutory, statutory is

hold of a couple of statutes and run with it but in the common law, well it is really

Article 3 well that's the common law jurisdiction actually Article 3 court when you declare

common law jurisdiction you're taking yourself into Article 3 jurisdiction.

declaring it in the common law.

to it they have just engaged in common law entrance and left the statutory and that's

filed with a common law declaration it's really.

you will, for the common law regardless or constitutional law, if you will.

common law is consensual also but it's with full disclosure, statutory is not.

But in the common law, you do not have to have anybody oath to verify anything.

And by common law, you see, I haven't touched on that part because really the revocation of the power of attorney,

The common law of torts and contracts

OK, and then one other question about common law.

She mentioned that common law, you make the declaration.

Can you define common law for me and what power is there in it?

and the statutory law, the common law was abolished.

But there are still crimes that are considered common law crimes,

but they're not in the common law.

As far as I can tell, the common law as a body of law

These people keep talking about common law, and I say, OK, show me the book on common law.

Well, of course, there's not, because that's why it's called common law.

Yeah, because we could debate on what common law is for the next six hours.

If you had three children together, you were common law married.

It doesn't recognize common law.

So whether you were married or not or whether you were common law married or not really doesn't matter one iota when it comes to child custody.

because the law changed from common law, God's law, to admiralty law,

No, this is common law.

That's the common law.

All these guys want to go to common law?

That's common law.

And there are other avenues in the common law states for notifying the court that a crime has been committed

And he goes on to explain, you know, under common law, there's really only three laws

But I'm usually not in the statute side of things. I'm in the common law side of things.

Common law, common law. You understand what common law is?

Common law is ruled by judges.

We don't have the old common law anymore.

Case law is common law.

and they advocated getting rid of the statutory law and go back to the common law.

We've got these corrupt judges here that you're complaining about, and you want to go to common law,

than the, you know, common sense rules or common law.

but that applies only to common law, which is what the Constitution is.

that we have now replaced common law with statutory law.

Well, no, that's not exactly true because the common law still applies.

And that is the common law, okay.

How do you assert that common law jurisdiction

but how do you maintain that stand in that common law jurisdiction?

you're demanding your common law right venue.

And since there are no common law venues available,

where they can't offer you the Catch-22 or they can't offer you the common law venue

Is the affidavit of sovereignty an operation of common law?

Is it a declaration within the jurisdiction of common law?

and somehow he described it as somehow we got changed from constitutional law or common law to contract law.

Your apple is property, my silver is property, and we automatically fall under common law.

And so because we're not exchanging property, we no longer fall under common law, and they had to create a new body of law.

But how can we stay under the safety of the Constitution and common law, okay,

Article 3 of the Constitution specifies common law, equity law, and admiralty law,

aren't you still in a common law jurisdiction because of that?

and it becomes a common law jurisdiction?

So in order to do the civil, we have to go back and look at the causes of action, fraud, common law fraud, fraud by nondisclosure.

It was pretty much like a common law type of marriage and the state does not have jurisdiction

Tort is common law. Understand the difference in law. Tort is common law.

And these are common law crimes.

And these are common law crimes. They absolutely go to the police.

This is common law harm.

Right, so let's look at it from a common law standpoint.

What if you registered your vehicle or signed your vehicle over to a common law trust that had no tax ID number,

is not some kind of parallel government or we are electing a common law congress or any

else would do with a common law default process, which is basically we sent you a bill, you

I've done just about everything else I can do to draw them into common law.

I was reading one of treatises on the common law, and it says just as long as you give

is you can be a notary under the common law and operate that way, but, again, you need

And what we're talking about is common law title to property, freehold.

And commerce lien and statements and all the other stuff have no place in common law.

All of the common law basically comes from God's law.

so you have to go by the common law definition for premises and apparently the judge was

This whole land patent thing that he's about is to somehow establish some kind of common law electors

I mean, if people want to become some kind of common law electors and they elect governors and all these things,

and what that had led you to rant on there for a second with the common law electors and what have you.

no common law court precisely and I want to get him out of the federal court into the

We charged common law fraud.

You have common law, and you have the commonwealths in the northeast, and you have the Spanish

how he makes the connection between the commercial nexus and the statutory and common law.

Yeah, but the Constitution refers to the common law.

But that is, according to the rules of common law,

We have a lot of people talking about common law,

If there's a common law other than the stare decisis, where is it?

I can explain common law.

Okay, common law is...

The concept of common law is that there is a body of principles

Non-conflicting parts of the common law were incorporated,

I've heard a lot of talk back here about the formation of the National Common Law Grand Jury

Because you had such a gathering of people from all over the country that possibly a national common law grand jury could be set at that time

Fraud, common law fraud

It will tell you like in reading common law fraud

Federal statutes, these rules, and the common law.

underneath a black law dictionary they thought it meant you know common law you

Well, see, since our law stems from that of England and the common law and then we had

to a court and have the court either declare itself common law or statutory or administrative.

And here is something I want to read to you. At the common law, an officer had no authority to make an arrest for a misdemeanor, though committed in his presence, unless it involved a breach of the peace.

Those are the only times that a police officer is allowed under common law venue of any kind to arrest without a warrant.

What is the law of the land, the common law of the land?

They were written on top of the common law.

The common law was as it was understood by English law before we inherited it and made it a part of our law in this country.

English common law is what we based our law upon, and English common law was based upon that created by the Magna Carta.

There are certain vested rights that people have under the common law that dictates what constitutes due process.

The law intended by the Constitution is the common law that had come down to us from our forefathers as it existed and was understood and administered when that instrument was framed and adopted.

At common law as a general rule, an arrest could not be made without warrant for an offense less than a felony except for a breach of the peace, okay?

At common law, an arrest could not be made of a person charged with a misdemeanor except on warrant of a magistrate unless it involved a breach of the peace,

that was placed by the common law on police officers and on magistrates trying to direct a police officer to secure an arrest.

it has always been a general rule for the common law that ordinarily an arrest should not be made without warrant,

This foundation principle of the common law designed and intended to protect the people against the abuses of arbitrary arrest is of ancient origin.

the processes of the early English common law in deference to the requirements of public security worded out a number of exceptions.

Now, in England under the common law, sheriffs, justices of the peace, coroners, constables, and watchmen were entrusted with special powers as conservators of the peace

But the only thing I had was the stamper brief on common law and I filed that

The common law in America predates the Constitution.

The common law was in existence before whatever law came over on the ships from England.

The common law has been in existence at least since the Magna Carta.

And the common law is the basic principle that if men are free to be what they can be,

The common law is a basic set of rules and principles that says nobody gets to interfere

The arrest without warrant scenario works like this in accordance with the common law.

The common law predates the constitution and all the statutory law we've got.

The due process that's intended by that statement is due process at common law.

Due process of law means what it meant at common law before the constitution was put

upon the common law in existence before their formation, it was commonly understood by all

That's understood at common law to be an acceptable use of the arrest power without a warrant.

The common law is still in force and effect when it comes to the powers of arrest and

I think that's just done by common law.

determination just yet. Constitutionally speaking and common law speaking,

I'm going to read you what register in the common law meant at that time.

Register in that day and age had a specific connotation under the common law, but today

The law enforcement by statute, by principle, by common law, by going all the way back to the Magna Carta, my forefathers fought and died for this country on both sides of my family

According to the Supreme Court, there is a difference between the credit owed to laws, i.e. legislature measures and common law

This is what goes to the common law

I'm not happy with common law

I am happy with common law

That's my concern with the common law approach or with no one has authority to tell me what to do approach

And at some point after off the air, I'd be very interested in hearing Randy expand a little bit on his opposition to the common law,

The common law being another

Or prosecute, is there no common law so to speak?

and if it's not in statutes, it would have to go back to common law practice.

and it's just common law, and we're just all going to, you know,

in the common law of england a judgment of criminal outlawry was one of the harshest

murder this is under the former england common law because the outlaw had defied civil society

and uh these uh these uh outlaw there was under english common law the judge would actually

Somebody was asking about the difference between common law and equity law.

Common law is all about property, and it's fairly cut and dry, you know, it is not exactly

no escaping that, and so there were people who thought that common law can really be

The book is called The History of American Constitutional or Common Law with Commentary

book called Common Law of the United States of America of the Sovereign People, and it

Company, and it's called Common Law of the United States of America of the Sovereign

it says that the supreme court shall have jurisdiction in common law, equity law and

Admiralty law is law of the sea and common law the constitution is about property you

of ocean and because it's so fluid so common law the law of property would not apply and

jurisdiction and common law equity law and admiralty law but referring back to the declaration

Because part of common law requirement is that the officer does not have to have the warrant in his pocket

Now, everyone is familiar with the term the common law.

or does not mean anything, but in reality, common law is what was in existence in this

Common law was the general set of rules on how society was to interact with each other

and so forth without our consent or without some conviction under the common law that

The common law is what establishes what constitutes due process.

The common law has been around far longer than the states.

The rules and procedures that were in place under the common law at the time of the Magna

Under the common law, there can only be an arrest without warrant in particular instances.

So the purpose of the Constitution was to set up, and the common law, was to set up

warrant according to the common law.

the common law as we understand it,

of the elements of the common law

The law intended by the constitution is the common law

At common law as a general rule, an arrest could not be made without warrant for an offense less than a felony

This is at common law an arrest could not be made of a person charged with a misdemeanor except on warrant of a magistrate

What's happened is, is that the courts and the legislators have attempted to take the common law, which is what the people's rights under the Constitution is based on.

So please keep that in mind. When I say under the Constitution, our rights are such under the common law that we expressly forbade our public servants to abrogate or derogate our rights under the common law as defined and protected within the Constitution.

Okay. So when they take you and they arrest you under the common law without there being a common law cause of arrest, they're acting under a statutory authority, not a lawful authority.

Why? Because unless there is a breach of the peace or a felony and there is no authority to arrest without warrant and the legislature cannot grant such an authority because the common law contains no such authority.

And as I said, the Constitution and the rights protected therein are based upon the common law, not statutory law.

especially common law crimes like assault, rape, murder, pillage, plunder, kinds of things, robbery, et cetera,

But without law to support that opinion, that opinion may fly very well in a common law court.

You're not in a common law court. You're in a statutory court.

In our society, we used to operate under statutory law rather than common law.

Isn't that a say no question? Are the respective constitutions based upon common law as it existed at the time of their composition and prior to the formation of the United States of America?

Number five, are the respective constitutions based upon the common law

common law as it existed prior to the formation of the individual states?

alter or abolish the common law foundation upon which these documents

can or does government declare that the common law be relegated to the past

to abolish or minimize the protections of the common law, by what expressed

declaring the common law of no or of minimal force and effect?

Number twelve, if the people's rights and protections under the common law

of government the authority to replace or destroy our common law heritage

Fourteen, if the people have not granted such authority, then is the common law

The respective constitutions were and are based, written, and designed upon a particular modality of law known as the common law,

If the respective constitutions are to maintain their original meaning and intent, then the common law must also be maintained as it is the underlying foundation upon which they are built.

That was and is the common law.

The various forms of government are also bound by the requirement that an unalienable right is subject to removal or suspension only through the required due process of law as founded in the common law.

it can only be reasonably argued that these rights are based upon the same modality of law as the constitution themselves, which is once again the common law.

to perform citizen's arrest for violations of the common law that constitute

It is not written in a form or fashion that is normally supported or used within common lawsuits,

is doing is denying you remedy if you've been under the common law if you were

And it has to do with family standing status and common law

Common Law Husbands Desperation Association,

The common law first party.

Who is a common law first party?

What you have to do is say, this dirty rotten scoundrel committed common law fraud by

of people talk about the common law and how there can be no claim unless there's an injured

law, that's a common law term. They exercise by faith, not by law.

is that it says, okay, on the topic of common law, it does say in Article 5 that the inhabitants

of Maryland are entitled to the common law of England, trial by jury, according to the

in Article 5 about the common law and so on and so on, which may have been found applicable

you feel also, Deborah, about what common law means and what it doesn't mean.

whether common law can be misinterpreted by the powers that be to include these customs

That goes exactly to my concern about the common law.

The common law is essentially stare decisis.

The common law is whatever judges decide the common law is.

The last thing I want to see come back is the common law.

The judges were not the originator of the common law.

That is what is going on in Minnesota and that looks like common law to me.

No, it's not common law.

of causing harm or detriment to the public, that's not common law.

common law.

You're saying the judges can do anything they want to, and they can't have a common law.

Randy, I don't think that having common law in the picture means that the judges get to

We are discussing on the break that the common law has its foundation in the Magna Carta.

Well, what I simply said was that a judge is not at liberty to use the common law to

of the things over which the government has authority and common law over the things which

No, we wouldn't because the common law still considers that a punishable offense.

The statute doesn't have to consider it that way, the common law does.

Which is exactly what the common law said.

The common law doesn't say anything.

I can't find any common law anywhere.

The Magna Carta is the common law basis, Randy.

Where is the common law that's based on the Magna Carta?

If the common law is law by judges based on the Magna Carta, how is that different than

The set of standards is not in compliance with the common law.

They understand about common law when they wrote the transportation code.

In addressing the common law, and Randy was talking about the common law, and I know that

For example, common law burglary is the breaking and entering of a dwelling house of another

But I did have a conversation with one of my professors about the common law and about

why it is that they emphasize all of these common law rules in law school, but when you

go to practice, there's no real use of the common law in a day-to-day legal practice.

Whereas common law, from the way I understand it, had that requirement for a corpus dialecti,

I think the common law is much more tied to the land.

Under the common law, from what I understand, now perhaps I'm wrong, but under the common

Because he did say the common law, it was derived by the Magna Carta, but if we don't

But then if the common law is derived from the Magna Carta, but there really isn't a

common law other than court cases and referring back to the Magna Carta?

I mean the whole term common law is an Anglo jurisprudence term.

So yeah, I would say before the Magna Carta, there's no such thing as common law.

Common law started with the Magna Carta.

document actually shows in its language that the Magna Carta is the common law and that's

That document actually established the Magna Carta as the common law and it's stated very

as a determination of the common law.

it establishes that the common law is the Magna Carta.

or morph or change the common law.

But what it seems you're saying is that under the common law, they follow one set of specifically

charter as the common law.

It's essentially the common law, period.

Hey, if you guys are going to be talking about the common law tomorrow, let me know so I

Does the common law give you a headache?

Well, on the common law, I just wanted to suggest Blackstone's commentaries on the law.

So if you want to know what the common law is, that's the place to go.

The problem with it is, it's what the common law was.

and in all criminal cases the common law shall be the rule of decision.

law of England and that the common law was to be the law used in any criminal case that

So here's the title of the discussion tonight, what happened to the common law.

Now we all know that the original United States constitution is also based on the common law

All of them were based on the common law.

The common law is not referenced in that way anywhere in the entire 1845 constitution nor

trial held under the common law and the rules thereof.

If you say that you can change the basis of the law from common law to something else,

Now the reason I brought all this up was on the common law side of things.

There's criminal under the common law and there's criminal under admiralty law or military

This is Rule of Law Radio and we were discussing the issue of where did the common law go.

covered by this code shall be done in accordance with the common law.

If the code is not in agreement with the common law, then the code itself is invalid if the

Constitution declared the common law shall be the basis of any criminal determination

The common law is the basis of that for the people.

Where in those listed rights do you find common law?

The common law is what the Constitution itself is built on, Randy.

The common law is what was in existence in 1876.

in the common law regarding the Bill of Rights, but I think really the question is what Eddie

says the common law is null and void or no longer is in existence or is no longer the

There is a historical preclusion to the common law.

And for the most part, I guess essentially the common law seemed to follow those restrictions.

That's what they did in the 1840s and excluded the common law, and they had a right to do

state the common law shall no longer be the basis of law for this republic.

And by not listing the common law as within the purview of the government one way or the

other, the historical presumption would stand that based upon the common law, it's still

upon the common law, because there's nothing in the Constitution that removes it.

And nowhere in the Constitution does it remove the common law or give the government the

The common law has been the basis of the Anglo-American style of government ever since the Magna Carta.

for common law.

And on those grounds, the common law is the only jurisdiction under which the people fall.

See, it does mention in the federal Constitution that we're still subject to the common law.

Even Texas law says we still have common law where the legislature deems it appropriate.

But the problem is, is that they can't remove the right of the common law access from the

still covered by the common law.

But the fact of the matter is, that is the legislature preempting common law for their

They cannot preempt common law jurisdiction of the people with statutory law jurisdiction

And if the people's rights are based upon the common law, which we know they are, because

He's founded on the common law.

This Constitution is still founded on the common law.

in common law, Randy.

But anyway, let me move on to my common law question or the actually due process question which is

That existed at the common law long before their statutory law came into view.

We accuse them of fraud by nondisclosure, common law fraud,

And the common law on which it's based.

mentioning what Diane mentioned earlier about the common law.

The Seventh Amendment instructs the common law

then according to the rules of the common law.

Now my understanding of the common law is that it does not include statutory law.

which is common law, a lot of it was unwritten.

I guess my comment would be that you're right that common law

the authority of the state legislatures came to change it from common law to statutes.

Whereas under the common law,

Yeah, and you're right, it starts off, it says, in suits of common law.

that's what he teaches people is how to go in and take over the court doing common law cases.

and why they've basically done away with common law is because,

and said that's why they had to do away with the common law

because up here in Montana, I actually had a different question, but since we're on common law here.

and then Part I is the meaning of law, and here they have codified common law, but listen to this.

Common law, applicability of, it says, in this state, there is no common law in any case

the common law shall be the rule and shall be the law and rule of decision,

and then the next title, Title I, 11109, says common law of England, one rule of decision,

says the common law of England so far that it is not repugnant to or inconsistent

Okay. The first one is the common law, just the common law,

and then here we got common law of England, which says the common law of England so far

because the first one on a common law only with a statute that common law of England is

so everything should be under common law, I think, in my state anyways.

you've got laws and definitions and common law and all that stuff,

by the rules there is held under the common law when it deals with the Code of Criminal

And under the common law, you would have a counterclaim?

those covers an issue, it goes to the common law.

common law and the rights of the people being enumerated within the Constitution, though

rest, which is the common law.

Therefore, for the legislature to try to supplant the common law with statutory law through

Now, the states did have common law.

I don't think that the Constitution was necessarily based on common law, because it's a procedure.

sorry, on Supreme Court cases that I do believe were based on common law in that there is

years at the least, and that there is a long history of common law associated with trust.

the show about a week or two ago about the applicability of common law in administrative

is that the administrative courts do not need to follow or acknowledge common law. Anyway,

to the common law of England and the trial by jury according to the course of the law

faith and actions directly into the format as the common law has it. In other words,

you can't charge the people with a crime if it was not a crime under the common law.

protections of the common law as it was understood to exist long before the constitution and

them. Also, it was determined from that conversation that night about common law, we did some research

common law is written down. It's the Magna Carta. That's what the common law is. When

people say common law, it's not just some vague ivory tower pie-in-the-sky ethereal

altruistic notion. It is very specific. The common law is the Magna Carta.

Well, pretty much that's true when you're basing everything on what the common law requirements

are. Be aware, though, that the judges ignore the common law requirements, and they go instead

with the legislative enactments in place of the common law requirements. You need to be

well. It's not just common law here.

it's not in, oh, the common law or the statutory law doesn't apply

it's a writ, a common law writ,

why the common law is what the law of the people is because if I move from here to California,

law court marshals to enforce the will of common law courts and all this kind of thing,

I am basically re-declaring the people's right to the common law

but the people of every state are recipients of the common law, not statutory law.

The United States Constitution is based and founded on the common law.

If the state legislatures can write statutes that kick the common law out,

And so by kicking out the common law, they're destabilizing the authority of the Constitution as a whole,

to destroy the foundational basis of the Constitution by kicking the common law out of the reach of the people.

They are, in fact, the procedures mandated under common law by the Magna Carta.

the legislature is attempting to subjugate the common law to legislative statute law.

that are outside of the ability to be sustained under common law,

If the Constitution itself is based upon the common law,

at the time of its creation under the common law,

then no amount of statutory rewrite can remove the common law from the people for their protection.

It can't subjugate their rights under statute because statute cannot supersede the common law in that regard.

This may not be common knowledge but in law school, you really do start common law way

We don't wear white wigs, but we have a lot of the common law

Well, you can avoid that in a lot of ways if you can get an action filed at common law.

to hold a common law trial.

which is why I say that what you would have to seek is a case at common law.

And where are you going to find a common law court?

The legislature is doing its best to destroy the common law,

They cannot do away with the common law

Right. And I did read in here about it does go into common law.

That's when all the others, the court, when none of the others apply, the court should consult common law.

But in one place, it specifically stated the common law of England, but I can't find it again.

for common law, for the basic principles that we should all know as American citizens.

laws, not necessarily public laws, because they don't apply to the common law public.

Right, yeah, real estate is common law,

and when you have a common law offer,

under the common law, which really governs

is all done by common law?

but under common law,

fraud by the common law fraud, fraud by non-disclosure,

Well, the neat thing, at least at common law,

Involving common law fraud, fraud by non-disclosure, usury, these are all crimes

it doesn't matter that much as we have a right to common law set off by recoupment.

We have remedy at the common law.

And that doesn't mean the old, ancient common law,

but the common law in this case means your common causes of action,

a claim for common law fraud, a claim for fraud by nondisclosure,

We counter by going for common law set off by recoupment.

but even if they are denied, you have very strong claims of common law fraud,

Then you can still claim common law recoupment and rescission.

What you do is tender by offset in recoupment, in common law recoupment.

You claim common law fraud and basically you make the monetary claim against the lender

under common law fraud and claim tender by set off.

So even if they throw out the truth and lending, you still got the common law claims.

by the English in the common law when the, in other words, it's a pre-constitutional...

we still have a right to recoupment by common law recoupment.

In the common law

Litigating from the bench is essentially a slang term, a common law term to describe something the judge did,

warranty, common law fraud, and violations of DTP Africa, what that one is.

But here we can claim common law fraud as well.

They are actual crimes as far as what the common law constitutes as a crime,

And did the common law marriage and then she got it

But they went through a common law marriage and she received it

Wait a minute, wait a minute, she was common law married before he died

No, they wouldn't recognize the common law marriage

So she did the reverse and claimed the common law marriage since they were living together but not legally married

But that was their negligence because they refused the common law marriage and then they accepted it later

I mean, from my research, statues are based on the common law.

There's a lot of stuff about common law.

It's common law.

We're not into common law.

The entire purpose of a statute is to supersede common law, but there are certain portions

of common law they cannot supersede by statute.

common law have right to property, peaceful ownership of such property without tortures

It means a really common law because the legislature, they make statutory laws.

Third cause of action is common law debt.

I don't know, common law debt.

What is a common law debt?

I told them I'd block any attempts to foreclose on my property with a suit under common law

Yes, sir. Yeah, I've got a few questions for you guys tonight, and the first one being statutes versus common law or case law

Well, there is a common law due process procedure that most states must base their Code of Criminal Procedure on.

But there is a common law due process procedure, and that is basically grounded on the constitutionally protected rights

and I have a common law default package from,

can't make them convert back to common law?

You can invoke common law if you can show that there is not

it was at common law.

then the procedure relates back to what it was at common law.

But you can't convert a court to common law

at common law.

automatically removes it from the realm of common law

the common law scripture so when we use an honest system of weights and measures we are bringing

Is it just coming from common law or Magna Carta or what?

are in a system of common law.

and I know that you mentioned, or somebody mentioned common law default, and some of

Fraud, common law fraud, fraud by non-disclosure, breach of fiduciary duty.

We're making a claim of common law fraud

that the Code of Common Law governs, if this code fails to provide a rule of procedure in any particular state of case which may arise,

the rules of the common law shall be applied and governed, not the rules of civil procedure.

Okay. The common law does not address procedure, courtroom procedure.

Well, I don't know where since you're always stipulating a common law strictly on judicial decisions

Wait a minute. You're telling people to go to the common law, so you're telling them to just go out?

But Eddie's right in the end. In the end, it goes to common law, which is the case law, the rulings of judges.

And it is the common law.

So we need the common law because almost no case lands exactly on the statute.

So we need the common law to fill in the gaps.

And we have statutes that are law and then we have common law that fills in the gaps between the statutes.

I am trying to find out what the elements of a common law debt are.

A common law debt.

And then the third one is a common law, well, what do they call it?

The common law debt, which I cannot find anything on.

I have no idea what a common law debt is other than that they may be referring

While we're talking, I'm going into Lexis and I'll do a search for common law debt.

I've never heard of common law debt.

Common law debt, it's a debt accrued by a couple through common law marriage.

There may be another definition for common law debt.

I think that what Eddie was bringing up is just the point that concerning a common law debt,

a debt accrued through the spouse of a common law marriage.

I've got a lot of hits on common law debt.

to give rise to an action at common law.

Okay, that's not common law debt.

is fundamentally where all of this is heading the evaluation standard under the the common law which

so with the with the distinction here between the uh choice of law we've got the common law

which is where a lot of people start to say well we got to get back the common laws they started

if we had a system that was based on the common law if we were going with the law of the land

nationwide oh we're going to do common law got to do common law this and here's the standard for

going to start which is not where most people think we're going to start they think common law

softened the common law in this state we have so they're going to they're going to be some

transitions when when this happens but the thing is where we're talking about common law this common

law that common law evaluation standard where's the disclosure where's the meeting of the minds

We went from a common law evaluation standard to a maritime law evaluation standard.

You're not in the common law.

If you're not in commerce, you're in the common law.

She filed a common lawsuit, and of course they've just ignored it.

the common law of England America's that way Canada's that way Australia's that way New Zealand

Their fundamental origin of the law is the same as ours. All of it comes from the common law of

The common law, this may rightfully be limited to the common law we get from Britain. Any system

of a crime, can become a common law magistrate. That is awesome, Randy. That's exactly what I was

that they're there as a common law magistrate. And the court gives them credence. They pay real

and use the common law to get it.

But when I asked him for statute to bring me to common law,

The fundamental approach I've got on that concept comes straight out of the common law,

and there's nothing in the common law,

There's nothing in the common law which comes from scripture that ever illegalized it.

It is the first time in the history of the common law-based systems

But in the common law,

Under the common law, the answer is no, it's not homicide.

Okay. One more thing. Your idea earlier about the common law magistrate.

In Article 1.27, the Code of Criminal Procedure, common law governs.

If this code fails to provide a rule of procedure in any particular state of case which may arise, the rules of common law should be...

The problem is where do I find the common law?

Well, Oliver Wendell Holmes wrote a book, The Common Law. If that's in there, I don't know.

Okay. Well, here's the problem with common law. That's stare decisis.

It would be common law.

But other than that, I don't know where to find anything that would be considered just common law.

When these guys talk about common law, they seem to be referring to something before the statutory law was put in place.

but he's trying to bring in a jury through a common law jury.

if I can't come into court with the statutory law or with case law, rules by judges, which I think is what's the only thing left of the common law, then I can't get there.

They have a common law magistrate

Anyone can walk into a courthouse, walk into a courtroom and declare himself here in the capacity of a common law magistrate

And that is, I am interested in opening up a non-interest bearing checking account with the entity of a common law trust, also known as a Massachusetts trust.

But pretty much if you have a trust, and basically all trusts are common law trusts.

Well, my question is going to the common law right to public access.

or requesting were case records and they would be opened under the common law right to public access.

They're not common law.

It's not a common law right.

A primary tool is the common law. The common law is alive and well in Australia as well as in the

United Kingdom. In Australia, you can walk into a courtroom as a common law public official there

attention because the common law public official reports to the queen, not to the local officials.

And as subjects of the queen, any citizen can act in the capacity of a common law public official.

is, is it common law, is it Magna Carta, it's like, I mean, we go into the bar acts and

And in this case, it was a common law magistrate or a common law public official.

There's just a form to fill out and they can be declared a common law magistrate.

They can walk into a court anywhere and notify the court that they are there as a common law magistrate to assist the court in keeping the peace.

between that and the common law but I believe these are title 15 which he

It's kind of like the common law.

They talk about the common law, I haven't been able to find it.

And then my last question, I may have to finish this on the other side. I hope not. Since the Maryland Declaration of Rights, I think it's called Declaration of Rights, the Bill of Rights, and the federal also entitled me to the common law,

Well, the common law portion of it does. The Magna Carta itself can be cited as the common law.

There's another document that cited that the Magna Carta can and is to be cited as the common law upon which all other law should be based in that regard in the English variety of law anyway.

But that being said, they mutated common law.

You can't because the courts have allowed the decision to come down that the legislature may codify the common law into statute.

Michael, you can bring the common law into your case if there's no statute or case law that is applicable.

That's the other thing they've done is the case law is what they have turned to citing as the common law, judge made law.

It wasn't me and I was in my common law self.

Now, the police can come onto a private parking lot and enforce common law crime or statutory crime.

by set off and we do that under the common law. We do that to recognize not under shorts.

And I'm thinking, wow, this judge is great. I'm in an article 3 court now, common law.

Okay, wait a minute. If you were a married couple, were you married under law? No, but in the state of California... Did the state recognize common law marriage? No, no, no. There's no common law in California.

them of mail fraud, Fair Debt Collections Protections Act violations, common law fraud,

a felony. It generally is in most states. Then you get to claim a common law tort against

you. You get to sue the officer for committing the common law tort against you. Wow. That

They call it a criminal appearance notice and you can file it as a common law public official.

I sent in for information which took three months for the common law, and now I'm being offered out-of-court settlement with this JP judge,

If the district judge committed a common law crime in the courthouse,

And I let them know that Alabama under title once chapter three, section one, Alabama's common law state.

But what's my point? My point is that the common law is available today. We don't need legislation. It's up to the parties to pick the choice of law.

But we've got common law available today if we'll just realize that we've got a choice and vote in our commercial activities with use of real money instead of a funny money. So it's an excellent question, excellent question.

We get to ask a lot more embarrassing questions under the common law standard, the subjective standard.

up the road from me, and he did it by invoking a common law court and asserting the fact that

It is a denial of our common law right to access those records.

The common law right is found in the following relevant authorities.

court records maintained by this court pursuant the common law right codified within Texas

law and he wants to be tried under common law.

He wants common law and he's probably not going to get it.

The county assemblies are representing common law or trying to get it back to the traditional

Okay, so if I have a child by common law, wedlock, am I not bound to these restrictions?

So basically you have to proceed according to the rules of equity, which is different than legal or common law remedy.

We have a right to travel a common law right to travel

contract law or you're playing in common law. The courts here in Australia will tell you,

That can change. That is a good point. Common law in Australia. I suspect you're talking about

something different than when we say common law in the United States, because in the United States,

the common law is still there, it's still available, but you have another name for it in its starting

decisive case. Is that what it means in Australia, or is there a specific common law that you can go to?

Well, it's my understanding that we just call it common law, whether it's equivalent to what you

encompasses both, whereas here common law is definitely a different entity to statute law.

slash case law serving as the common law. And I said it before that that law changes law. I say

Upon appeal, when you appeal it to a higher court, do they operate under a common law jurisdiction?

Common law just means that they're paying attention to prior court rulings.

That's what common law is.

All courts are common law courts because they all look at prior case law.

common law grand juries that we need to do that which we need to do?

contract being there too. Therefore, carrying with me, with him, the original and exclusive particular jurisdiction, and then you under our one Supreme Court of Common Law, I am at peace and not in a state of war with any power person or thing.

And in the standpoint of what William Thornton does, have you guys ever done that? Is there anything from the standpoint of you ever filed a case in common law and gone through the process in a court of record and done that or no?

Well, we're in Texas and the common law is mentioned in the code, but the common law only applies in matters not covered by the code.

So we don't have direct access to the old common law.

And I don't know that I want common law.

The common law is essentially moved by judges.

So that automatically he can file that in a way that puts it into a common law court.

Well, in law being common law, you should be able to access it wherever.

In the common law, they would set you outside of the law

John Connery is a local sheriff, guy gets killed on The Presidio, the local sheriff comes in because that's his state common law crime

I'm maintaining all my common law rights and, you know, I basically asked the commissioner

Essentially, it looks like a summons. You and your capacity as a common law public official,

You mentioned the term when we were talking about common law.

So the state still has subject matter jurisdiction on common law crimes or violations of Texas

No treason and the treaties on the common law write the trial by jury.

Are you familiar, have you heard about the federal common law lien?

Common law lien.

I've heard a lot of talk about common law.

And it seems I have heard of the common law lien,

Well, basically, the common law lien makes a statement that I have interest in the property

I do a common law lien and I have interest in the property because I put down my down payment.

So when I found a common law lien, when they sell the property, they would have to pay me first before the bank pays themselves.

So what you borrowed from the bank would act as a tender by set off against your common law lien.

Cardio, how would the common law survive that claim?

I'm not sure if they had a grand jury produce a true bill of indictment or where the grand jury was one of their grand juries or one of the common law grand juries, but they did apparently affect an arrest.

and we're going to go initiate some kind of citizen's arrest in a tribe in our own common law court that has no factual basis in statute whatsoever,

They have to. I got something light to talk about. Okay. I had filed a UCC-1 filing in my county. And I had also filed a, what would you call it, a common law copyright of my commercial name?

And then I always try to get a warning, if I can, because first of all, I believe in the common law principle that if there's no damaged party, there's no crime.

In the common law, if you were a habitual and habitual criminal or if you failed to respond to a court summons and ignored the court,

common law crime

but that's common law crimes not a federal crime

It only counts for once, but I won twice using a combination of 15th Amendment due process violations and the right to travel in a common law filing that I made to the courts twice in two of the suburbs of Denver.

But the colonies and most of the Commonwealth states of the eastern seaboard are based on the older, technically they're based on the common law that is grew into the English law.

Now, as far as the second question, the common law requirement is, is that you cause a harm

up, they don't exist at the common law, never have. And why do I say common law? Because

on the common law. The common law predates England as itself. It predates us back to

Query and in Pennsylvania, it's closer to the common law where you have standing in matters of criminal accusation.

In Australia and under the English law, a citizen can file a criminal complaint as a common law public official.

is forbidden we very seldom hear anyone speak to outlaw outlaw is from the old common law

right that if you were in the common law if you summoned a court didn't show up or if you were

If it is a court record from a municipal court, it does not fall under 552 government code that falls under the common law right to access.

and this goes to those common law courts these guys are setting up, provide written notice for

laws of the United States, of this state or of the United States and that goes to this common law

That's a common law crime. That's a state crime. You take him to a state grand jury for that.

Well, when I brought that up and brought up the judicial notice that I had served on the judge about a common law proceeding, he said, well, you had up to a week ago to ask for a jury trial.

In common law days, if you were ordered to come before a court and you refused,

that the rights of due process do not amount to anything that the state legislature may deem to consider proper. The right of due process is the same as it was under the common law prior to the formation of the state, period.

And that's the only way it can be. Any judge that tells you the common law does not exist in Texas doesn't know his history and does not have a clue about the basis of law in this country.

The Constitution itself is a common law document. The Texas Constitution is a common law document. Everything in it is the language of the common law as it was understood at the time it was written.

That predates and precedes in authority any and all statutory enactments of the legislature. They cannot diminish or destroy any of the common law fundamental rights as they existed at the time of the founding of this nation or Texas in general.

Okay. You mentioned specifically due process. What about the common law right to travel?

Okay. The common law right to travel is not a right to travel per se. It is a right of liberty. It is the right to use one's own property for one's own private pleasure and business.

of common law and constitutional prohibitions, which are acts completely abhorrent to our

Law was once based more on common sense, not just common law.

Pennsylvania Code and Pennsylvania is a common law state.

And that was a true common law state.

The common law states, the commonwealths, didn't adopt these. But they've adjusted their laws so that whatever state you go in, the laws are essentially the same.

I want to say 51-591 or 2 that they would also punish the defendants in accordance with the common law

have you heard anything like that before? Yeah, and that's true. Under the common law,

you can file a complaint as common law public official

There's common law precedent, even though the statute may override...

Common law precedent for what?

and the common law on which it's based.

That's what the common law is considered to be, and it is the law of the land, not statutory

It means the common law and everything based upon that, like our state constitution, for instance, our federal constitution, for instance, should it actually exist.

That's based on common law, which has a lot to do with common sense, which we're also seriously lacking in these days.

Law of the Land, that is our common law, which is also known as the Law of Immemorial Antiquity.

But the fact is, is the common law is what they mean when they say, do course of the law of the land.

And its law is the common law.

The common law is applicable in every single state, republic, or whatever you want to title them.

some of which may not be according to common law, we basically are like farm animals.

They stole our common law and they have been violating our rights ever since.

in the statute. You're not going to find it in the statutes. This is essentially a common law action.

My brother's the one that pointed me a direction and we both kind of did a little research on common law.

And in the Anglo-Saxon history, what we would consider to be the ancient common law, of course, has its origin of Scripture.

That's common law.

And the lady says, she says, no, you can't file that because it's a scam. That's common law and you cannot record that here.

still kept our system going in the common law was the general circulation of

existence of a signature and that's that's not the common law standard right

The Commonwealth states are based on the common law.

They can enforce the Bill of Rights, and the only law that applies in regard to that is the common law,

So the common law is what the sheriff, the deputies, and the constables are required to enforce,

But while you're looking, that absolutely sounded intriguing that the way to invoke the common law,

But once you put this in there, you invoke the common law.

And the only way that I know how is to invoke the common law.

I was using it as a reservation of right, but I was using it as also to establish common law.

To prefer the judgment of common law.

And so that's why I used, particularly, to use that one because it goes back to common law.

Okay, that is a good point because the list of things here, the stop or fraud, misrepresentation, duress, coercion, mistake, bankruptcy, all except bankruptcy are actually common law issues.

Common law issues are often addressed by statute, but there's still common law issues.

Robbery is a common law crime.

Murder is a common law crime.

But I didn't realize that I had unleashed something under common law by referring to it directly as a murder, because it was a murder,

And when I signed the name and title right behind the comma, it was like, okay, fine. So I called the court last Wednesday, and because I invoke the common law against fraud and the stoppable and reservation of right, which is the meaning of UCC 1-103, they told me that the court disposed of the case.

The law of the land is the common law that the Constitution itself was based on at the

Go look it up. It's only English law from the 15th century that's still a common law remedy for evictions.

Inequitable action is an action based on something other than statute or something else other than common law.

the common law movement, oh my gosh, and this patriot movement.

the national court system that's reviewing common law courts in the United States that

the common law courts that are popping up in the country, so this is for them.

There was a group of political Christians that believe in the constitutional law and the common law.

Basically the origins of the grand jury were as a common law body which is separate from

This phrase differs from the common law term scope of employment

But this goes to something special that was originally defined under common law, it's in the Constitution

Under the common law, if you didn't show up in court when you were summoned

the throat of common law and close up the top and sew it.

Now, if there was common sense law still in place as such, the common law as we knew it, then the only crimes would be those that are applicable under the common law, which would be the same everywhere.

Carl Lentz was talking about this, where you just do a common law claim, and you're bringing

It was a summit, a conference on the common law movement, the patriot movement.

They're talking about us, common law people.

Yes, that is the case, and common law and constitutional law always come statutory law, is that right?

It comes from the common law.

Initially, it was the common law and the law of judges, and we didn't like that.

Okay, Randy, you're saying it comes from the common law.

was formed and it incorporated the common law.

The only laws that are not by commercial agreement are common law crimes. Murder, rape, pillage,

that is considered common law crimes. Okay, damage, intentional damage to other people's

Some of the other common law states may have that. I just haven't dealt with them.

But Ohio is not a common law state.

If it's not a common law crime, all right, directly affecting you, then basically everything

or not, has to do with common law crimes.

Common law crimes, all right, everything else is by commercial agreement.

And the only law you fall under is the common law,

You notice that the judge can overturn the jury's verdict, which is not common law.

He's a foreign agent, which he can't function in a common law court because he's foreign.

It doesn't matter if you're a common law citizen or a 14th Amendment citizen or not, okay?

Are you talking about the common law?

Yes, the original organic common law, yes.

and their common law court. So how does the state go after them and claim they're being

because that's a state common law crime, unless he shoots a judge, in which case it's not a federal crime

But if he shoots a bailiff, that's a state common law crime

Most offenses in penal codes are based upon the common law predecessing crime.

They don't need a contract with you to hold you accountable under a common law offense.

and that's a vestige of the common law left over from Old England.

Common law or civil law?

It would be common law or statutory law.

the only time the common law applies

and some others, they were advocating the common law.

But I said, "You want common law? Are you out of your minds?

and you want common law where the judge can rule

I don't want any common law.

and those that are proprietary, including reclassifying a functions classification assigned under prior statute or common law.

In Australia, a citizen can file a criminal complaint as a common law public official,

common law?

So we're going after them under deprivation of common law rights through commercial means.

that are binding upon us whether we agree to it or not are common law crimes.

or that apply to you whether or not you agree to it are common law crimes.

It is a common law crime regardless of whether the woman gets pregnant and generates another member of the

It's a common law crime.

Well, I agree they're common law crimes.

But they are in general state common law crimes.

Okay, but just because it's in the federal commercial statute does not negate the fact that it's still a common law crime because it's assault.

So it's just that not only is it a common law crime because it's assault,

That is a common law crime.

That's a common law crime too.

They actually were kind enough to file my stuff in my common law name versus my legal name.

Lawful is when it's morally and ethically sound under the common law.

Nothing that is legal is bound by the common law in the perception of what we currently call government.

in the common law, if you annoyed the court, if you were summoned to court and you failed

people who are trying to return us to the common law, they should understand this part

Under the common law, the judge could do whatever they want to.

In the common law, if you PO'd the court, if they summoned you and you didn't show up

the statutory law and the common law but that's what that's what that's what

that's what common law is it's case law that's what it's always been all these

people advocate going back to the common law are you crazy guys common law is

already there the only common law that exists in any of the states right now

it's case law the English English common law is really too old to apply

under common law what is that action 13 I believe or 14 no no no what is common

on but it may mention common law and say that the state of New York is under

common law but we're looking for a definition of common law what does the

state of New York where do I common law is where do I go look it up I've been

had anybody tell me where I could go find the common law I've been told it

But I think I told you a remedy that I found that was a statutory answer, if you will, to the common law,

The only law that is not by commercial agreement is common law crimes

In England or Australia, you as a citizen have a standing to file a criminal action as a common law public official.

would be good because those are the people that understood the old English common laws

Well, if you go by the common law aspect of what constitutes a crime, that's correct.

our state and nation was founded, and that is under the common law.

we all have a common law right to resist arrest.

and he submitted a common law ID with a photo, his picture,

So basically he sent in his common law ID that he made with a photo,

Is that a good thing what I ran in a newspaper, you know, like a common law?

I just wanted to once again thank you for the hint on the common law.

Now, the state of Wisconsin, I want to say Article 14, Section 3, states that as of this date of signing this Constitution, the common law is the law of the land unless superseded by statute.

Now, as far as I'm aware, 1850s vintage common law says nothing about health care.

And there is a note in part of the statutes of the state of Wisconsin that we, the Supreme Court, recognize that the common law does change over time.

So is my basis once again going back to the common law, which is supported under the Constitution of the state of Wisconsin.

Now, that's just common sense. That's also common law.

commercial law now, which means all law is by agreement, all of it, except for common law crimes.

Okay, the you're susceptible to your subject to common law crimes laws, whether or not you agree

So is it common law or admiralty?

and they would not listen to my reasoning to just leave him be in peace in a common law sense,

So it's criminal, so it's almost certainly going to be common law.

A common law criminal applies whether or not you agree to it.

With that being said, now it's common law.

When I say common law, I'm not meaning the common law.

This is a common law crime, and those are crimes defined by the Texas Penal Code.

Those are considered common law crimes.

This does not apply to the common law that's referenced in the Code of Criminal Procedure

issue, the common law applies, and that would go to the case law.

Since you sent me down the rabbit hole on common law there, Randy,

where he said common law is what the community decides.

the paradigm of common law, is the community's sense of right and wrong.

or rather the mixed regimes in judge and jury, is the common law.

and 20th centuries assorts the idea that the common law is judge-made.

So my question is, when somebody says the common law is judge-made,

Well, the only common law that exists now exists in the form of stare decisis,

But then again, when we had the common law, the law was never created by the people.

The problem with the common law is, you know,

When we had the common law, you know,

we got a lot of people advocating going back to the common law.

I don't want common law. I want statutory law.

I want statutory law. Under common law, isn't there a place for tar and feathers?

So I don't want to go back to common law.

Star diseases, as far as I know, is the only common law we have now.

You got me on that common law tag there.

Well, one other thing to consider and remind people on that common law thing

starts off with there is no federal general common law.

So as people talk about common law on a federal basis, you've got that precedent sitting there.

The only reference to the common law.

here in New York or are doing the common law grand jury?

We're constituting common law grand juries

that recognizes common law juries?

and studied common law for a while,

in general as far as the common law.

Well, the thing is a common law grand jury

A common law grand jury is a citizen's grand jury

So my son stood up and said basically what you had told me to tell him. And he said, no, I don't want to plead innocent. I don't want to plead guilty. I haven't done anything. I want to stand on my common law right.

Well, after my son stood up and told him, told the judge he didn't want to plead guilty or innocent. He didn't. He wanted to stand on his common law right. The judge says, well, I'll tell you what let's do, son.

you have standing similar to Australia where you can file a criminal action as a common law public official.

The 13 colonies are built on the common law and their commonwealths are somewhat different.

You can challenge it on your standing to file it to begin with and you can challenge it on the common law definition of fraud, which is very different than the Government Code 51.901C definition of fraudulent.

Yes. Which is, again, that's very different from the common law definition of fraud.

after the Republic of Texas started filing liens against public officials and they started putting together their common law courts that they made up, and their common law courts were issuing judgments against public officials,

You could challenge it on grounds of common law fraud, which is very different from the government code definition of fraud. There are a number of other ways to challenge it.

of the common law are strictly construed, see Foundation Development Court versus Lowman's,

1990. In the case of misdemeanors such as shoplifting, there is no common law privilege

of arrest. This Arizona statute is in derogation of the common law because it allows private

meaning they have a common law grand jury on every county.

what is their definition of the common law?

Because I sent them the Noah Webster's 1828 definition of the common law.

Actually, it's a whole lot older than that because it's based on the English common law,

Under common law.

That's what the common law is for.

Subject matter jurisdiction is the statute, the contract or the common law authority that

I define that as the contract, the statute, or the common law authority that imposed the

They're big on common law, but common law has to come under the mantle of statute.

robust body of common law.

I said duty arises from contract, statute, or the common law.

When we're talking about duty arising under the common law, we are strictly talking about

And one thing to remember is there is no such thing as a common law crime.

that under common law exist,

and it definitely does not override a common law.

The statute's not allowed under common sense to violate the common law,

I'm under the common law.

is covered under the common law.

So there is definitely previously a common law right not to be lied to in court.

because it's been nullified by the prosecutor, then you go to common law perjury.

But how do you get to common law perjury? How do you establish it?

And how do you prosecute it? I can't find common law.

anything, the common law as of the publication of the Constitution

anything not covered in this code is governed by the common law.

The problem is, where do I find the common law?

the five-volume set of Virginia Guy on the common law as opposed to Blackstone.

That's been one of my big problems with the common law.

Exactly what is the common law? Is it case law?

And I have the understanding that common law is something that is done over and

And so long as we don't object to it, then lying in court becomes common law

the common law is apparently you can lie and get away with it.

whether it be what we refer to as a common law harm,

I'm just exercising my common law right.

And that's when I told him, you know, I'm exercising my common law right of travel.

like a common law court if it's a court of record.

In common law, this was legal on the theory that it encouraged lawsuits, or I'm sorry,

If a common law crime, and by common law in this case, I mean a crime that is defined in the Texas penal code.

All right, my last question is, are you familiar with Don Coyote's common law bait?

and seven or eight hundred years in the prior common law since 1216.

and he evoked the common law, and they dismissed all the charges.

Yes, the case law is what these guys in the movement call common law.

And that's why I'm so much against common law.

and they were pushing real hard to go back to the common law.

and they want to go back from the statutory law to the common law.

The common law is law made by judges.

This stare decisis is the common law.

I don't want the common law.

The fourth edition on page 425, 426, I think it says that the court proceeds according to common law. No statutes.

But the other thing is, the really important one, is that a court of record proceeds according to common law.

designated generally to hold it, and proceeding according to the course of common law.

The only one I know of is go to the common law and not to the rules of civil procedure. Is there something else that would let us get out and pull in that rule 52?

Yeah and you don't go by the state the statutes and the ordinances are not law so you know the nitty gritty is you got to go to the common law correct?

Well you don't have to go to the common law as much as you force them to prove that you're engaged in the activity regulated by their statutory law

common law or is it an offense specifically codified in the penal code?

individual or their property to such a degree as to make it a common law crime, whereas

law because common law is law made by a judge, which is tantamount to a dictatorship.