I am curious how to go about finding a Common Law court or a Court of Record for my state of Idaho. If I wanted to file a counter-claim making myself the plaintiff how would I make sure that the venue of court I choose is one of Common Law or a Court of Record or I think some people call it an Article III Court. Does anyone know if Idaho even has one of these?
Mon, 07/07/2014 - 10:29
#1
phelix
Common Law or Court of Record
I have actually listend to Bill Thorntons Court of Record info. I understand and have seen the motions where you setup your common law court by the wording you put into your counter-claim. But if Idaho doesn't have a common law court of a court of record what would be the point?
Yes, thank you for that document. I have been reading it. However I am still having a hard time trying to figure out if Idaho has a Court of Record. Seems many other state constitutions make note that there is a common law court or a court of record. Idaho seems to be really bad when it comes common law or anything to do to help the PEOPLE. I am wanting to file a counter-claim to turn my self into the plaintiff and challenge jurisdiction in a court of record but I am really worried that my state doesn't even have one. =/
In most of our states (I would guess all of them) the courts have made themselves admiralty courts. As such, they are not Courts of Record or Common Law Courts. This is the fiction that they have created. As long as we the people remain ignorant of our sovereignty, they can lord over us. When we make ourselves a co-plaintiff, rather than a defendant, and declare the Court of Record, they must comply. Many judges do not know this, or pretend to not understand, and dismiss the request. We must persevere, until in time they realize they must have our consent to proceed. You will not find any court in any state that will state they are a Court of Record..yet, that is!
It's not in the Constitution, It's in the statutes: http://legislature.idaho.gov/idstat/TOC/IDStatutesTOC.htm
TITLE 1 COURTS AND COURT OFFICIALS
CHAPTER 1
ENUMERATION OF COURTS
1-101. Courts enumerated. The following are the courts of justice of this state:
1. The Supreme Court.
2. The Court of Appeals.
3. The district courts.
4. The magistrate's division of the district courts.
1-102. Courts of record. The courts enumerated in section 1-101, Idaho Code, are courts of record.
Title 6 is interesting and Chapter 9, TORT CLAIMS AGAINST GOVERNMENTAL ENTITIES, may be particularly interesting to you. I SEEM to remember that a tort claim is a claim for relief when rights are violated. I may have that backwards...
Hope this helps.
I looked a little farther, you're going to love Title 73: http://legislature.idaho.gov/idstat/Title73/T73CH1SECT73-116.htm
TITLE 73
GENERAL CODE PROVISIONS
CHAPTER 1
CONSTRUCTION OF STATUTES
73-116. Common law in force. The common law of England, so far as it is not repugnant to, or inconsistent with, the constitution or laws of the United States, in all cases not provided for in these compiled laws, is the rule of decision in all courts of this state.
I don't see how the Common Law can be repugnant to the Constitution of the United States since the Constitution is based on the Common Law as defined in the Magna Carta, which is declared to be the Common Law in the Confirmatio Cartarum.
Awesome,
1-102. Courts of record. The courts enumerated in section 1-101, Idaho Code, are courts of record.
This is what i was looking for. I have read the item about the common law. But unless I am reading it wrong, it seems to only say the common law is in effect IF its for something that a statute doesn't already cover. Which would be hard to find as they have a billion different codes and statute to regulate and control everything. :) But yes, that was what I was looking for. That is good to know. Thank all of you very much, this is all some very good information.
Hi Phelix, where are you in Idaho? We recently constituted the Common Law Grand Jury in all the counties of Idaho on July 28th, 2014. In answer to your question, you will have to force the court to be a common law court of record, one of the ways you do that is to not rely on any statutes for your causes of action. Your causes of action need to be in the common law, although the public servants are bound to obey the statutes by oath and law.
The court will most likely still try their very best to force you and keep you in a nisi prius court, you must object to all of that. when they make any order you must void the order for lack of jurisdiction because the magistrate is separate from the tribunal the Magistrate cannot make any rulings except at the requirement of the tribunal. You are the tribunal until a court approved jury is selected and fully informed as to the facts and the law. Keep listening to Bill Thornton's material.
Yes, all states are common law states. Your problem is: You're not asking for one. Just put in your claim and ssk for a court
of record under the common law. Another problem is: You can't recognize your court. As they are doing all statutory jurisdiction
because no one is filing a common law claim.
You can't file a statutory suit and claim yourself to be a "plaintiff" you have to claim yourself to be a "claimant", can you do that
on a piece of paper? They are not 'defendants', in common law they are "wrongdoers". can you do that?
It sort of like reeducation. You may be too old, they say can't teach old dog new tricks. That's why there is hope for are younger
folks growing up, they can take this ball and run with it, while we are still looking for the ball.
You speak statutory language and they will treat you as a statutory person. Got the picture?
Do you think you can type this at the bottom of all your notices (you don't file motions in common law): 'If you do not recognize this as Court of Record proceeding
under the common-law toward trial by jury, you are required to file findings of fact and conclusions of law into this case.' Put this at the end of every notice you
file as last paragraph or you can have it as a footnote flagging and item within your notice. If they file to do it, then you write to Presider and tell Presider about
him not doing it.
Gearshift,
I'm trying to get smart on demanding a Common Law Court as the defendant (not me but a friend). It seems that if a statutory claim against someone is made - even in a CoR that is capable of being a common law court (CLC) - the default is a statutory court, correct? If that is the case, how does one "flip the script" so to speak and get the court to go from Statutory to Common law? I've read that a counter claim must be made but this action is a statutory part of the process so does it actually cause the court to be a CLC.
Thanks for all the information so far,
-Jeremy
The COOMON-LAW Proceeding, from initial Claim(s) to JUDGMENT is done WITHOUT a "Court" - between the interested Parties - see Matthew 18: 15-18 AND Administrative Procedure Act(s) - when the 'Administrative' COMMON-LAW Record is completed - it will EVIDENCE wheter or not there is a CONTROVERSY (where both sides have submitted EVIDENCE and the EVIDENCE on one side CONTROVERTS the EVIDENCE on the other side;
REMEMBER 'Courts" hear Cases and Controversies - If there is a CONTROVERSY Appearing as a matter of the 'Administrative /COMMON-LAW Record, there is something to 'take to trial' ... but if the 'Administrative /COMMON-LAW Record EVIDENCES AGREEMENT there is a 'CASE' for the 'Court' to AFFIRM as its JUDGMENT !!!
IF You are the only one putting EVIDENCE into the Administrative /COMMON-LAW Record - THERE IS NO CONTROVERY !!!
email 'Infamous Keny" to ask for a copy of an Administrative /COMMON-LAW Record where there IS NO CONTROVERSY (remember every purported 'Response' does not create a controversy - there must be EVIDENCE that Controverts the EVIDENCE you've put into the Record !!!
"Article III" is the judiciary of the Union, not any of the Union States;
the ADMINISTRATIVE PROCEDURE ACT(s) are the Legislative Enactment of COMMON-LAW, and when you initiate an Administrative Action, you have initiated a COMMON-LAW Action if you structure the Venue and Jurisdiction statements properly - YOU DRAG THEM OUT OF THE MATRIX -> INTO REALWORLD !!!
For the complete RECORD (to use as study guide) of an actual COMMON-LAW (Administrative) JUDGMENT that has been REGISTERED as a FOREIGN JUDGMENT into a (corporate) 'Court of General Jurisdiction", request from infamous.keny.01@gmail.com ...
BE SURE your Common-Law (administrative) Record EVIDENCES that you are NOT a 'U.s. Citizen' (deemed a corporation) but insgtead a Living, Tangible Man of self-determination CONSTITUENT to your State and the Union of american Nation /States ...
I need some direction on my next move about a summons for a judgment about a debt by a debt collector.
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