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  #231  
Old 12-06-2006, 05:53 PM
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Originally Posted by idknow

Statutes are found in the same site. Problems arise because the statutes are listed cronologically and not by subject. Hence the original intent of developing a code/refrence.

In order to start this research I need to know WHAT STATUTE caused the code change and only Wests keeps track of those things.
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  #232  
Old 12-06-2006, 06:20 PM
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According to Lord Coke, the difference between a statute and an ordinance is, that the latter has not had the assent of the king, lords, and commons, but is made merely by two of those powers.

Sure does sound like administrative acts to me. Gee and there is only two parts of the three going along? WOW! I guess that judicial branch ruling on everything just mucks it up too much.
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  #233  
Old 12-06-2006, 06:22 PM
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Originally Posted by Codee
Sure does sound like administrative acts to me. Gee and there is only two parts of the three going along? WOW! I guess that judicial branch ruling on everything just mucks it up too much.
The Woods says that statues law equals contract law.
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  #234  
Old 12-06-2006, 07:01 PM
ThomPaine ThomPaine is offline
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Codee,

May be able to get you Westlaw access through some friends and family, will see what I can do.

In the meantime, I found this in my handy Black's Law Dictionary, 6th edition, somewhat different than what you posted earlier:

Ordinance: A rule established by authority; a permanent rule or action; a law or statute. In its most common meaning, the term is used to designated enactments of the legislative body of a municipal corporation. It designates a local law of a municipal corporation, duly enacted by the proper authorities, prescribing general, uniform and permanent rules of conduct relating to the corporate affairs of the municipality. (Morris v Town of Newington Conn SpCt)

This is the part where it differs from what I am seeing in your definition:

An ordinance is the equivalent of a municipal statute, passed by the city council or equivalent body, and governing matters not already covered by Federal or State law. Ordinances commonly govern zoning, building safety and other matters of municipality.

The name has also been given to certain enactments more general in their character than ordinary statutes and serving as ORGANIC LAWS, yet not exactly to be called Constitutions. See also Municipal Ordinance and Ordinance for the Government of the Northwest Territory, enacted by congress in 1787.
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  #235  
Old 12-07-2006, 03:55 AM
idknow idknow is offline
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Quote:
Originally Posted by Codee
Statutes are found in the same site. Problems arise because the statutes are listed cronologically and not by subject. Hence the original intent of developing a code/refrence.

In order to start this research I need to know WHAT STATUTE caused the code change and only Wests keeps track of those things.

Sorry for being vauge, lemme rephrase by analogy:

the feds have zipfiles of "the law" that I have previously posted the url to here.

those files, some HUGE, are complete and include history.

I could not find any such files consisting of California statutes, hence "hidden".
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  #236  
Old 12-07-2006, 08:49 AM
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Originally Posted by ThomPaine
Codee,

May be able to get you Westlaw access through some friends and family, will see what I can do.

In the meantime, I found this in my handy Black's Law Dictionary, 6th edition, somewhat different than what you posted earlier:

Ordinance: A rule established by authority; a permanent rule or action; a law or statute. In its most common meaning, the term is used to designated enactments of the legislative body of a municipal corporation. It designates a local law of a municipal corporation, duly enacted by the proper authorities, prescribing general, uniform and permanent rules of conduct relating to the corporate affairs of the municipality. (Morris v Town of Newington Conn SpCt)

This is the part where it differs from what I am seeing in your definition:

An ordinance is the equivalent of a municipal statute, passed by the city council or equivalent body, and governing matters not already covered by Federal or State law. Ordinances commonly govern zoning, building safety and other matters of municipality.

The name has also been given to certain enactments more general in their character than ordinary statutes and serving as ORGANIC LAWS, yet not exactly to be called Constitutions. See also Municipal Ordinance and Ordinance for the Government of the Northwest Territory, enacted by congress in 1787.

ok, i think we need to recall that since the great paradigm shift of law from Common to Commerce,

EVERY ACT of legislature applies ONLY to govt slave-employees and its owned property.

I think this might explain why the whole state Motor Vehicle code would be cancelled en-masse and then revived in the same bill before the CALIFORNIA legislature.

well, it makes sense to me.
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  #237  
Old 12-07-2006, 01:06 PM
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Quote:
Originally Posted by idknow
ok, i think we need to recall that since the great paradigm shift of law from Common to Commerce,

EVERY ACT of legislature applies ONLY to govt slave-employees and its owned property.

I think this might explain why the whole state Motor Vehicle code would be cancelled en-masse and then revived in the same bill before the CALIFORNIA legislature.

well, it makes sense to me.

Good Idea. Sounds like the start of a project. Will you research any on it? Or should I? Thank for your help.

Thank you Shoonra, Big Al, and Rentriap. Your posts have all been helpful.
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  #238  
Old 12-07-2006, 01:13 PM
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If we are going to do something like you suggest, then you need to clean out your PM box Codee. And perhaps read your e-mail. Then make up your mind on which direction you want to proceed with this thread.
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  #239  
Old 12-07-2006, 05:57 PM
idknow idknow is offline
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Quote:
Originally Posted by Codee
Good Idea. Sounds like the start of a project. Will you research any on it? Or should I? Thank for your help.

Thank you Shoonra, Big Al, and Rentriap. Your posts have all been helpful.

Start by reading Title one.

For me, it all became clear when i did that.

Again!
heh
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  #240  
Old 12-07-2006, 08:01 PM
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Quote:

Ordinance: A rule established by authority; a permanent rule or action; a law or statute. In its most common meaning, the term is used to designated enactments of the legislative body of a municipal corporation. It designates a local law of a municipal corporation, duly enacted by the proper authorities, prescribing general, uniform and permanent rules of conduct relating to the corporate affairs of the municipality. (Morris v Town of Newington Conn SpCt)

This is the part where it differs from what I am seeing in your definition:

An ordinance is the equivalent of a municipal statute, passed by the city council or equivalent body, and governing matters not already covered by Federal or State law. Ordinances commonly govern zoning, building safety and other matters of municipality.

The name has also been given to certain enactments more general in their character than ordinary statutes and serving as ORGANIC LAWS, yet not exactly to be called Constitutions. See also Municipal Ordinance and Ordinance for the Government of the Northwest Territory, enacted by congress in 1787.

The municipalities are given what is appropriate to put in their charters that is not governing related by the constitution. It is in there in the sections. “It shall be appropriate to include in a charter...” Leads me to believe that even those closely related governing matters were too far removed from actual internal regulating that the provisions which allow for such matters must be included in the state constitution.

By the way this will all relate to my “parking ticket” aspect of my beliefs on my right to travel. I am seriously looking for the “It shall be appropriate for a city charter to include regulating parking on the public street.” Then what about skateboarding laws? I feel that they are suspect.

I don't see it. I do not see the delegation of power.
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