Injured Party Doctrine

#1 04-06-2004, 09:40 AM

Where can I learn more about this and how victimless crimes can be challenged using this?

I wrote a thread on non-assumpsit, but there didn't seem to be a lot of common knowledge, so maybe back a step further would help.

Thanks

HB

#2 04-09-2004, 02:21 PM

simply get case law that states that the constitution is a common law document. they know that common law means a real damaged party, just state that a corporation cannot be a damaged party. i dont have time now but i will post case law on this for you.

#3 04-09-2004, 02:41 PM

Thanks KG

mikah2k · #4 06-06-2006, 10:10 AM

Kgod or Henry,
Did you ever get those case cites? I would like to see them.

Thanks.

mikah2k · #5 06-06-2006, 01:26 PM

Jaylon provided answers in another thread .

One such cite is With no injured party, a complaint is invalid on its face.. Gibson v. Boyle, 139 Ariz. 512

Another cite is Failure to establish injury leaves the Court without a means to effectuate a remedy and certainly without a basis to allow Defendants to lose their property interest by means of foreclosure. See DeCastro v. Wellston City Sch. Dist. Bd. of Educ., 94 Ohio St. 3d 197;761 N.E.2d 612 (2002), (finding that a breach of contract claim without allegation and evidence of actual damage does not provide a means for judicial relief and wastes the Defendant's and Court's time and resources).

#6 06-06-2006, 01:40 PM

Quote:

Originally Posted by mikah2k

Jaylon provided answers in another thread .

One such cite is With no injured party, a complaint is invalid on its face.. Gibson v. Boyle, 139 Ariz. 512

Another cite is Failure to establish injury leaves the Court without a means to effectuate a remedy and certainly without a basis to allow Defendants to lose their property interest by means of foreclosure. See DeCastro v. Wellston City Sch. Dist. Bd. of Educ., 94 Ohio St. 3d 197;761 N.E.2d 612 (2002), (finding that a breach of contract claim without allegation and evidence of actual damage does not provide a means for judicial relief and wastes the Defendant's and Court's time and resources).

Mikah2k: Thanks for that lead, and also thanks to Jaylon for the provision of those cites.

Jerry.