Establishing your own common law court

[futop]

I heard on Rice McCleods show the other night that anybody can setup their own common law court. All they need is 15 people (judge+bailiff+you+12 jurors if I remember correctly). Is the clerk part of the common law court? I don't remember hearing the clerk. This supposedly comes from the bible.

You put together your affidavits for whatever circumstance you have and then have this court rule on them. This judgement is supposedly "higher" than anything from the corporate courts and they cannot deal with it or overturn it. The constitution does make reference to inferior courts.

Does anyone have thoughts or information about this? It sounded pretty interesting and useful but I'm not sure how or where to research it.

[Libertarian]

This website (take it with however many grains of salt you like) claims that "official" courts do ignore the orders of these common-law courts:

http://www.adl.org/mwd/suss8.asp#court

[Skeptic]

Originally Posted by futop

I heard on Rice McCleods show the other night that anybody can setup their own common law court.

Well, you COULD set up a common law court. And you COULD declared yourself Emperor of the true United States of America, Lord High Executioner, and Tax-Free Jedi Master.

Just don't expect anybody else to take either one seriously.

“Exclusive admiralty jurisdiction of federal courts under 28 USCS § 1333 is limited to maritime causes of action begun and carried on in rem, while under "saving to suitors" clause of § 1333, suitor who holds in personam claim that might be enforced by suit in personam under admiralty jurisdiction of federal courts may also bring suit, at his election, in state court or on "common law" side of federal court. Lavergne v Western Co. of North America, Inc. (La) 371 So 2d 807 (superseded on other grounds by statute as stated in Cramer v Association Life Ins. Co. (La App 1st Cir) 1990 La App LEXIS 1937).” 2 Am Jur 2d ADMIRALTY §122 (Footnote 9) (emphasis added).

[chapka]

Originally Posted by futop

I heard on Rice McCleods show the other night that anybody can setup their own common law court. All they need is 15 people (judge+bailiff+you+12 jurors if I remember correctly). Is the clerk part of the common law court? I don't remember hearing the clerk. This supposedly comes from the bible.

The bible, however, has no legal status in the United States.

You put together your affidavits for whatever circumstance you have and then have this court rule on them. This judgement is supposedly "higher" than anything from the corporate courts and they cannot deal with it or overturn it.

Well, this is true in part. The courts will not deal with or overturn the judgment of a make-believe court; however, they also won't respect or enforce it. They'll ignore it.

In other words, if your court issues a judgment that the IRS owes you $1,000,000, the IRS can't appeal that to the local state or federal court. However, you also can't seek enforcement from the local state or federal court, the local state or federal court won't consider your judgment if the IRS files an action against you there.

The constitution does make reference to inferior courts.

Yes, it does. It refers to "such inferior courts as the Congress may from time to time ordain and establish." In practice, these are the federal circuit courts, district courts, and associated federal courts lower than the Supreme Court.

[chapka]

Originally Posted by HenryBowman

[color=windowtext]“Exclusive admiralty jurisdiction of federal courts under 28 USCS § 1333 is limited to maritime causes of action begun and carried on in rem, while under "saving to suitors" clause of § 1333, suitor who holds in personam claim that might be enforced by suit in personam under admiralty jurisdiction of federal courts may also bring suit, at his election, in state court or on "common law" side of federal court.

Yes, as opposed to the equity side. But this is still talking about properly constituted federal courts, not DIY jobs like the OP refers to.