Thanks for giving me a chance to discuss what I have been paraphrasing/plagerizing from William Thorton's website.
I don't believe there is any difference between the "general law" and "public law". I believe that neither are common law.
"When the word "law" is used without qualification, then it means common law. An "attorney at law" means one who practices common law (notwithstanding the fact that modern attorneys are not trained about the
subject). An "attorney in equity" is one who practices before an equity court. In the U.S. 99.99999% of all proceedings are in equity, which is why the judges may take liberties."
"Statutes are expressions of will from the legislature. To keep you confused, they append the word "law" to it. Naturally, you are supposed to then believe that statutory law is the same as and equal to common
law (it isn't). Codes are nothing more than a collection of statutes and other rules arranged by subject instead of being arranged by date."
"Law beats statutes; statutes beat codes."
"A judge exercises his discretion. Because he is authorized by the statutes to exercise his discretion, most appeals of judges' decisions will fail. The appellate courts generally will not second guess a trial court's use of discretion."
""Nisi prius court" is a court which will proceed unless a party objects. The agreement to proceed is obtained from the parties first."
"The nisi prius courts are such as are held for the trial of issues of fact before a jury and one presiding judge. In America the phrase was formerly used to denote the forum (whatever may be its statutory name) in which the
cause was tried to a jury, as distinguished from the appellate court."
"It is a matter of right that one may demand to be tried in a court of record. By sheer definition, that means that the court must proceed according to the common law (not the statutory law). The only way that a court can suspend that right is by the prior agreement of the
parties. For tactical reasons the state prefers to proceed according to statutory law rather than common law. The only way it can do that is to obtain the prior agreement from the parties. That is the primary (but
hidden) purpose of the arraignment procedure. During arraignment the court offers three choices for pleading (guilty, not guilty, nolo contendre). But all three choices lead to the same jurisdiction, namely
a statutory jurisdiction, not a common law jurisdiction. That is to say, the question to be decided is whether or not the statute was violated, not whether the common law was violated."
"Decision of a "court of record" may not be appealed.
It is binding on ALL other courts."
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Originally Posted by Jerry Pitts
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......."
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