View Single Post
  #25  
Old 04-28-2008, 04:54 PM
Jerry Pitts Jerry Pitts is offline
Come and Get Some!
 
Join Date: Oct 2004
Posts: 1,148
Quote:
Originally Posted by rottweiler
sovereign sojourns with his regal retinue, wherever that may be.

No correction is necessary. You are missing out on how the law is decreed by the sovereign in a court of record.

The defense is a counterclaim in a court of record decreeing that the "defendant" is one of the people and the government can not be sovereign over the people.

Don't know about your state, but here in Florida, there is one thing consistent throughout all the various courts, and that one thing is a requirement of 'general law' as a basis for the fundamental authority called 'jurisdiction'. Without jurisdiction, there is no authority; and that jurisdiction is brought about by what ??? General Law. Now comes the doozie... what is 'General Law' as contrasted to 'Public Law'?

“(b) JURISDICTION.--The supreme court:
(1) Shall hear appeals from final judgments of trial courts imposing the death penalty and from decisions of district courts of appeal declaring invalid a state statute or a provision of the state constitution.
(2) When provided by general law, shall hear appeals from final judg ….”
“(b) JURISDICTION.--
(1) District courts of appeal shall have jurisdiction to hear appeals, that may be taken as a matter of right, from final judgments or orders of trial courts, including those entered on review of administrative action, not directly appealable to the supreme court or a circuit court. They may review interlocutory orders in such cases to the extent provided by rules adopted by the supreme court.
(2) District courts of appeal shall have the power of direct review of administrative action, as prescribed by general law.

“(b) JURISDICTION.--The circuit courts shall have original jurisdiction not vested in the county courts, and jurisdiction of appeals when provided by general law.

“b) JURISDICTION.--The county courts shall exercise the jurisdiction prescribed by general law. Such jurisdiction shall be uniform throughout the state.”


BTW.. the above cites are from the Florida Constitution Article V.

Jerry Carlos

Edit:
Even the executive department has something to say about the 'law';

"SECTION 6. Executive departments.--All functions of the executive branch of state government shall be allotted among not more than twenty-five departments, exclusive of those specifically provided for or authorized in this constitution. The administration of each department, unless otherwise provided in this constitution, shall be placed by law under the direct supervisio......."

One more BTW: I just noticed your choice of language above "You are missing out on how the law is decreed by the sovereign in a court of record."

Because the emphasis you placed on pages 3-10 were all accusatory statement made by the plaintiff or the agent of the plaintiff, then are you suggesting that it is always the 'Plaintiff' that has the capacity to make a decree of 'law'? Then you mention a counterclaim... so now we have 'two' sovereigns making a decree of 'law' and it is up to the judge then to decide on which one the judge likes the best?????? Hmmmm . I wonder how the judge will rule when the first plaintiff was his/her brother/sister of the country club?
__________________
Summa Ratio est quae pro Religione facit.
If ever the laws of God and man are at variance, the former are to be obeyed in derogation of the latter.

'Many are the plans in a man's heart,
but it's the Lord's purpose that prevails."
Proverbs 19:21.

"The most important office in a democracy is the office of citizen."
Louis Brandeis, U.S. Supreme Court Justice (1916-1939) referring to the responsibility of voters.
Reply With Quote