Court Systems

[fulltitle]

Without Prejudice

[David Merrill]

Thanks for the edifying post. That puts some things in perspective.


http://en.wikipedia.org/wiki/Judicature_Acts

From Wikipedia, the free encyclopedia.

The Judicature Acts are two Acts of Parliament in the United Kingdom, the Supreme Court of Judicature Act 1873 (36 & 37 Vict. c. 66) and the Supreme Court of Judicature Act 1875 (38 & 9 Vict. c. 77), which were designed to fuse the administration of the courts of Equity and the courts of Common Law. Both the Common Law courts and Equity courts were in disarray before the Acts were passed.

I have read in an article that the Federal Rules of Civil Procedure are formed after the Judicature Acts as far as requiring form of pleadings and formation of jurisdiction.

I am often talking about the Bill of Rights as of 1861 for the Territory of Colorado because it contains the de jure 13th Amendment. But what I do not speak of much is the link of the Territory to the system of law. Last page of the document attached.


Regards,

David Merrill.

[Gary Okupant]

http://www.law.cornell.edu/rules/frcp/ACRule77.htm

NOTES TO RULE 77

HISTORY: (Amended Mar. 19, 1948; July 1, 1963; July 1, 1968; July 1, 1971; Aug. 1, 1987; Dec. 1, 1991)

Notes of Advisory Committee on Rules.

This rule states the substance of USC, Title 28, formerly § 13 (now § 452) (Courts open as courts of admiralty and equity).

[Gary Okupant]

Please some one advise me. I'm pleading in motion: for Equity at Law;
in a MM Crime case, 2911.21. in a municipal court; no trial yet; that has ignored, ignored every due process right I have, no lie. Even I'm stunned.

My Pub Defenders quit; the court okay'd it. No lawyers want the case; its
too political; Kent State univ (Ohio) vs me. Kent State saying they didn't like what I said at a public forum; charged ME with tresspass, etc. Everyting on video tape. I've done nothing wrong.

None the less: I'm pleading Equity; but have not yet to understand what pleading or motions to the wrong side of the court means. (see below).
I've cited pages, in motion to dismiss; estoppel, due process, subject matter jurisdiction, requsting Equity at Law. I'm not exactly sure if when I
apply crime procedure rule violations and law quotes on my postions if I can; if I'm trying this as hopes of Equity! See below

This case is political; and the left can't loose it. I'm disabled vet; and representing myself. Personal Person. not a lawyer.

Thanks. I have a 57 pages of double spaced motion and pleading I'm going to present to the judge; to dismiss; the case; estoppel.



-----
NOTES TO RULE 1

HISTORY: (Amended Oct. 20, 1949; July 1, 1966; Dec. 1, 1993)

Notes of Advisory Committee on Rules.

1. Rule 81 states certain limitations in the application of these rules to enumerated special proceedings.

2. The expression "district courts of the United States" appearing in the statute authorizing the Supreme Court of the United States to promulgate rules of civil procedure does not include the district courts held in the Territories and insular possessions. See Mookini et al. v United States, 303 US 201, 58 S Ct 543, 82 L Ed 748 (1938).

3. These rules are drawn under the authority of the act of June 19, 1934, USC, Title 28, formerly § 723b (now § 2072) (Rules in actions at law; Supreme Court authorized to make), and formerly § 723c (now § 2072) (Union of equity and action at law rules; power of Supreme Court) and also other grants of rule making power to the Court. See Clark and Moore, A New Federal Civil Procedure--I. The Background, 44 Yale LJ 387, 391 (1935). Under former § 723b (now § 2072) after the rules have taken effect all laws in conflict therewith are of no further force or effect. In accordance with former § 723c (now § 2072) the Court has united the general rules prescribed for cases in equity with those in actions at law so as to secure one form of civil action and procedure for both. See Rule 2 (One Form of Action). For the former practice in equity and at law see USC, Title 28, formerly §§ 723 and 730 (now §§ 2071--2073) (conferring power on the Supreme Court to make rules of practice in equity) and the former Equity Rules promulgated thereunder; USC, Title 28, former § 724 (Conformity Act): former Equity Rule 22 (Action at Law Erroneously Begun as Suit in Equity--Transfer); former Equity Rule 23 (Matters Ordinarily Determinable at Law When Arising in Suit in Equity to be Disposed of Therein); USC, Title 28, former §§ 397 (Amendments to pleadings when case brought to wrong side of court), and 398 (Equitable defenses and equitable relief in actions at law).

4. With the second sentence compare USC, Title 28, former §§ 777 (Defects of form; amendments), 767 (Amendment of process); former Equity Rule 19 (Amendments Generally).

Effect of 1948 amendment.

The amendment, effective Oct. 20, 1949, substituted the words "United States district courts" for the words "district courts of the United States".

Notes of Advisory Committee on 1966 amendments to Rules.

This is the fundamental change necessary to effect unification of the civil and admiralty procedure. Just as the 1938 rules abolished the distinction between actions at law and suits in equity, this change would abolish the distinction between civil actions and suits in admiralty. See also Rule 81.

Notes of Advisory Committee on 1993 amendments to Rules.

The purpose of this revision, adding the words "and administered" to the second sentence, is to recognize the affirmative duty of the court to exercise the authority conferred by these rules to ensure that civil litigation is resolved not only fairly, but also without undue cost or delay. As officers of the court, attorneys share this responsibility with the judge to whom the case is assigned.

[Freedomless]

Every motion that you have filed, needs to be filed into PUBLIC RECORD. The courts ignore anything they want. It can not be ignored when filed into public record.

[masterduke]

Learn to "Data Flank" the judge and all the court personel and then you have another tool to use. Public Records Act is a good Place to start. Dig up the dirt on them and show the conflicts of interest so they will be disqualifed. You could even use it to go after the public defender. Include it in your court documents. Even if the judge accuses you of slander. Challenge him to sue you. A conlict of interest now exists. He has disqualifed himself. Use their weapons against them.
Send them to prison where they belong. It is possible. Marvin Bryer is living proof that it can be done. Just some thoughts, you have to come to your own conclusions.

[idknow]

naive question to continue thread:

What is The Public Record (TM
heh

Originally Posted by Freedomless

Every motion that you have filed, needs to be filed into PUBLIC RECORD. The courts ignore anything they want. It can not be ignored when filed into public record.

[weishaupt1776]

Wow ! Gary, I have missed your posts. Sorry about that.

The pleading in equity is definitely a necessary yet unexplored way to go.

[powder]

Originally Posted by idknow

naive question to continue thread:

What is The Public Record (TM
heh

I will give you what I think it is, FWIW.

Signing a document(s) in front of a Notary Public for the purpose of validating your signature, presumably to piece of id.

[wargamez102]

...it's not that I am lazy, it is just, that I am ignorant at the "how to do" quick as you can remedy... (front line)... training is not opitonal at this time, and no icon's needed.

http://www.courtofappeals.mijud.net

Please enjoy the homepage for In Propria Persona format.