The law is what I say it is unless 100% of my peers disagree.
Quote:
|
Originally Posted by Shoonra
Close. The Magna Carta can be pleaded as common law, but only the Magna Carta that was in force in England at the relevant date. That would not be the one issued by King John in 1215. It means the version issued by Henry II in 1225 and afterwards confirmed by Edward I in 1297.
And only those parts of it that were still in force in England on the relevant date (in some states the relevant date for common law is 1776, but some other states have earlier dates such as 1506). In England, bits and pieces of the Magna Carta were replaced by subsequent Acts of Parliament over the centuries until, circa 1970, Halsbury's Statutes in Force showed only two or three paragraphs to still be in effect. It might be interesting to find out when each paragraph was replaced by legislation but I leave that to other people.
|
__________________
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)]
|