True, demur is common law.
Nisi prius courts go forward as long as you do not object.
"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."
http://www.1215.org/lawnotes/lawnotes/nisiprius.htm
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Originally Posted by jeagas68
Demur is common law, it exists in name only when dealing with registered citizens of the body politic, another thing they tell you is that they are going after the fictional strawman account and holding you as surety.
Common law in most cases only now exist with those who have withdrawn all adhesion contracts or were lucky enough not to have them at all. aka... DL, BC, VR
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United States never held any municipal sovereignty, jurisdiction, or right of soil in Alabama or any of the new states which were formed ... The United States has no Constitutional capacity to exercise municipal jurisdiction, sovereignty or eminent domain, within the limits of a state or elsewhere, except in the cases in which it is expressly granted ...
[Pollard v. Hagan, 44 U.S. 212 (1845)]
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