ARTICLE III Section 2.
The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their authority;--- to all Cases affecting Ambassadors, other public Ministers and Consuls; --- to all Cases of admiralty and maritime Jurisdiction;
Item 3. Comment -- As we see by the U.S. Constitution, Art. III, section 2, the "judicial power" extends to four general categories. Firstly, and, because of it's primacy, the most important of all these categories is the "Law", which is defined by the S.Ct. of the U.S. as the "common law".
Item 4. Parsons v. Bedford, et al. (1830) 3 Pet. 433
as per Mr. Justice Story,
@ p. 447 ;
"By common law, they (framers of the 7th amendment) meant what the constitution denominated in the third article 'law'; not merely suits which the common law recognized among it's old and settled proceedings, but suits ........etc."
http://lawfulcourts.com/
COURT. The person and suit of the sovereign; the place where the sovereign sojourns with his regal retinue, wherever that may be. [Black's Law Dictionary, 5th Edition, page 318.]
COURT. An agency of the sovereign created by it directly or indirectly under its authority, consisting of one or more officers, established and maintained for the purpose of hearing and determining issues of law and fact regarding legal rights and alleged violations thereof, and of applying the sanctions of the law, authorized to exercise its powers in the course of law at times and places previously determined by lawful authority. [Isbill v. Stovall, Tex.Civ.App., 92 S.W.2d 1067, 1070; Black's Law Dictionary, 4th Edition, page 425]
COURT OF RECORD. To be a court of record a court must have four characteristics, and may have a fifth. They are:
A. A judicial tribunal having attributes and exercising functions independently of the person of the magistrate designated generally to hold it [Jones v. Jones, 188 Mo.App. 220, 175 S.W. 227, 229; Ex parte Gladhill, 8 Metc. Mass., 171, per Shaw, C.J. See, also, Ledwith v. Rosalsky, 244 N.Y. 406, 155 N.E. 688, 689][Black's Law Dictionary, 4th Ed., 425, 426]
B. Proceeding according to the course of common law [Jones v. Jones, 188 Mo.App. 220, 175 S.W. 227, 229; Ex parte Gladhill, 8 Metc. Mass., 171, per Shaw, C.J. See, also, Ledwith v. Rosalsky, 244 N.Y. 406, 155 N.E. 688, 689][Black's Law Dictionary, 4th Ed., 425, 426]
C. Its acts and judicial proceedings are enrolled, or recorded, for a perpetual memory and testimony. [3 Bl. Comm. 24; 3 Steph. Comm. 383; The Thomas Fletcher, C.C.Ga., 24 F. 481; Ex parte Thistleton, 52 Cal 225; Erwin v. U.S., D.C.Ga., 37 F. 488, 2 L.R.A. 229; Heininger v. Davis, 96 Ohio St. 205, 117 N.E. 229, 231]
D. Has power to fine or imprison for contempt. [3 Bl. Comm. 24; 3 Steph. Comm. 383; The Thomas Fletcher, C.C.Ga., 24 F. 481; Ex parte Thistleton, 52 Cal 225; Erwin v. U.S., D.C.Ga., 37 F. 488, 2 L.R.A. 229; Heininger v. Davis, 96 Ohio St. 205, 117 N.E. 229, 231.][Black's Law Dictionary, 4th Ed., 425, 426]
E. Generally possesses a seal. [3 Bl. Comm. 24; 3 Steph. Comm. 383; The Thomas Fletcher, C.C.Ga., 24 F. 481; Ex parte Thistleton, 52 Cal 225; Erwin v. U.S., D.C.Ga., 37 F. 488, 2 L.R.A. 229; Heininger v. Davis, 96 Ohio St. 205, 117 N.E. 229, 231.][Black's Law Dictionary, 4th Ed., 425, 426]
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Originally Posted by jetgraphics
JG: Since at the ratification of USCON, all common law courts were abolished, there's no legal way to adjudicate a dispute in a common law court.
One is only promised the RULES of the common law, pursuant to the seventh amendment.
And that promise only exists where the value in question exceeds 20 dollars (silver or gold). Ergo, unless you have a receipt that states you paid at least 21 dollars (not FRNs), you can't exercise that option.
(Which might explain why realty attorneys routinely produce deeds with verbiage like 'for $1 in hand...')
Though most legal authorities imply that common law writs are out of date, etc, etc. I filed a common law writ in my own case, and was quite pleased with the results.
(Check out Writ of Error Coram Nobis)
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