Court Access And Common Law

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This book was written from the perspective of Common Law in apposed to civil law. Common Law a/k/a the “Law of the Land” provides for, by the “blessings of God,” our “Liberty” which is our “Heritage!” We the People have an unalienable right to have “government by consent.” Government by consent is consummated by overseeing and consenting to the actions of judges and legislators within our “Courts of Law” and our “political process.” Therefore, in order for We the People to bind down our government officials with the chains of the Constitution and nullify all laws repugnant to the Law of the Land the People authorized Congress to open “Courts of Justice,” where the People rule and not a judge. To deny the People access to our courts is to deny the People due process, our Heritage, and government by consent. This is the epitome of Treason!

This book will provide more than an understanding of our judicial process it will also reveal the true nature of our American Heritage that few People have known. There are three issues, that our servant government has deceitfully expunged from our American education, which are the very “Principles of Liberty;"
(1) Ethics (biblical principles and practice, God),
(2) Justice (virtue being confined to things simply good or evil) and,
(3) American Jurisprudence (The science of Natural Law)

Natural Law is constructive, line upon line precept upon precept. By nature people fear, and feel overwhelmed by what they do not understand, the orchestrators of America’s 20th century exploited this human flaw by eliminating these principals from our education and have used entertainment, and the media to advance this fear to the point of total avoidance: The goal of this “age old ruse” is, keep the slaves ignorant so that they are powerless to act in any constructive way, and rebel against their masters.

All of the illusionary statutory laws that deny man’s unalienable rights can become powerless, literally “overnight,” if only the people understood the principles of “Jurisdiction!” The answer is so subtle you might miss it! This book “Court Access and The Common Law” will provide that proper education that you should have received in school. Every child should be taught civics, constitutional studies, real American history, and court access. This is what makes, what Jefferson called, “a proper education for the People imperative.”

Although this book will provide an understanding of the judicial process in order to access a “Court of Law” either as a plaintiff or a defendant and how to write pleadings, it is important to grasp an understanding of the “Common Law,” our “Common Law Founding Documents” and, our “American Heritage.” For if you are ignorant of these prerequisites to know Liberty you will be deficient in your arguments. The “unalienable right” of court access, protected by the 7th Amendment, not only affords you protection of property and rights it is also the "essential vehicle" by which we have “Government by Consent.”

Book "COURT ACCESS AND THE COMMON LAW" Author John Darash


BOOK DETAILS

● Retail Price $55.00
● Publisher: Self- Published
● Finished Book Dimensions: 8.5 x 11"
● Type Size:10 point type with 12 point leading
● Length: 548 pages
● Binding:Hardcover
● Cover: Full Color

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TABLE OF CONTENTS

PREFACE

CHAPTER 1 – THE ESSENTIALS

Rudimentary Precepts
Foot Notes
In Pro Per
License
Next Friend
Two Meanings
Statutes, codes, regulations & rules
Court at Law
Jurisdiction
The Author of Law
Ten Foundational Self-Evident Truths
The Republic
America’s Natural Law Republic
Surety bonds
Government by Consent
When an Oath Becomes a Crime
Immunity Lost, to Proceed without Jurisdiction is Treason
Remedy for Every Injury
USC Title 18 Is Not the Law of the Land
USC Title 26 Has No Defined Jurisdiction
The United States Supreme Court decisions Concerning Tax Courts
Committee of Safety
Committee of Safety Concept

CHAPTER 2 – ANATOMY OF A COURT CASE

Filing the court papers
Federal cover sheet    
Action at Law
Defendants answer
Plaintiffs’ answer
Affirmative defense
Affidavit
File on demand
Affidavit of service by mail
Affidavit of service in person
Opening a Court of Record
File on Demand
Summons    
Pleadings    
Memorandums
Exhibits evidence
Defendant’s Motions
Amending the Pleadings
Discovery    
Request for Admissions
Motions
Final Word on Pleadings
Defendant’s counter attack to your action
Motions to dismiss
Motion for more definite statement
Motions to strike
Defenses
Affirmative Defenses
Absolute Immunity
Accord and Satisfaction
Act of God
Alibi
Assault
Arbitration and Award
Assumption of Risk
Coercion
Comparative Negligence
Consent
Contributory Negligence
Discharge in Bankruptcy
Duress
Economic Loss Rule
Estoppel
Equitable estoppel
Failure of Consideration
Failure to Demand
Failure to Join an Indispensable Party
Failure to Post Bond
Failure to State Cause of Action
Fraud
Futile Act
Good Samaritan Defense
Illegality
Impossibility
Improper Venue
Injury by Fellow Servant
Insufficiency of Process
Insufficiency of Service of Process
No Irreparable Harm
Laches
Lack of Jurisdiction over Subject Matter
Lack of Jurisdiction over the Person
License
No Prior Course of Dealing
Res Judicata
Self-Defense
Sham
Statute of Frauds
Statute of Limitations
Truth
Unclean Hands
Unconscionability
Waiver
Pleading Affirmative Defenses
Notes, Motions, & Recap Points

CHAPTER 3 – THE REPUBLIC LAW AND EQUITY

The Natural Law Republic
Common Law Eludes Definition
Origins of Natural Law
Congressional Power – Article I Section 8 Clause 18
At Law
Positive Law
Codes
Statutes
Regulations
The General Rule
Civil Law
Creation of a Foreign State within Our Federal City
Congressional Jurisdiction
Law “in” Equity
Law from Judicial Precedents
Law from Legislation
Sovereignty Is Not Subject to Law
The Author and Source of Law
Statutes, Codes, & Regulations

CHAPTER 4 – TWO COURTS

Court
Courts of Equity and Law
Courts of Record and Courts Not of Record
Courts of limited jurisdiction
Courts of Law
Court of Equity
Court at Law
Court of Chancery
Equity Courts
Decisions of a Superior Court
Decisions of a Court of Record
The Blessings of Natural Law
American Jurisprudence
Fiction of Law
Federal Rules of Civil Procedure

CHAPTER 5 – JURISDICTION & SOVEREIGNTY

Jurisdiction
Exceptions to Supreme Court’s general jurisdiction
Exclusive subject matter jurisdiction of the Supreme Court of NY
General concepts
Medical malpractice
Other professional malpractice
Products liability
Tolls and extensions
Tolls for death
Borrowing statute
Jurisdictional Requirements (General)
Subject Matter Jurisdiction
Federal Jurisdiction
Municipal Jurisdiction
Jurisdiction by Plea
Jurisdiction by Consent
Circuit Court Jurisdiction
Superior Court
Supreme Court Jurisdiction
Legislation is Prima Facie Territorial
Void Legislation
Trespassers Liable
Jurisdictions Blacks Law
Three Jurisdictional Elements
Process
Origin of Law
List of Lawful Equity Courts
List of Administrative Courts
Sovereignty
The People are the author and source of law
National Liberty Alliance
Sovereign Citizen Movement

CHAPTER 6 – CAUSES OF ACTION

Abuse of Process
Accord and Satisfaction
Accounting
Account Stated
Assault
Assumption of Duty
Battery
Breach of Contract
Breach of Fiduciary Duty
Conspiracy
Constructive Fraud
Conversion
Declaratory Judgment
Defamation
Duress
Fraud
Goods Sold
Injunction, Preliminary
Injunction, Permanent
Intentional Infliction of Emotional Distress
Invasion of Privacy
Laches
Malicious Prosecution
Negligence
Promissory Note
Replevin
Rescission
Specific Performance
Spoliation of Evidence
Tortious Interference
Undue Influence
Unjust Enrichment

CHAPTER 7 – CASE EXAMPLES STRATEGIES AND MINDSET

Mindset
Power
The Complaint
Check List
Importance of Keeping Good Notes
Memorandum of Law Jury Tampering & Stacking
Law and Equity
Full Faith and Credit
Jurisdiction
Justice
Remember the Origins of Natural Law
Maxims Rule the Court
General Case Strategy
Injunction (example)
Motion to Release on Own Recognizance (example)
Quo Warranto Notice and Demand for oath (example)
Traffic court (example)
Moving for cause (example)
Order (example)
High-jacked to Federal Jurisdictions unknown (example)
Removing attorney (instructions)

CHAPTER 8 – AFFIRMATIVE DEFENSES

Pleading Affirmative Defenses    
Absolute Immunity
Accord and Satisfaction
Act of God
Alibi
Assault
Arbitration and Award
Assumption of Risk
Coercion
Comparative Negligence
Consent
Contributory Negligence
Discharge in Bankruptcy
Duress
Economic Loss Rule
Estoppel
Equitable estoppel
Failure of Consideration
Failure to Demand
Failure to Join an Indispensable Party
Failure to Post Bond
Failure to State Cause of Action
Fraud
Futile Act
Good Samaritan Defense
Illegality
Impossibility
Improper Venue
Injury by Fellow Servant
Insufficiency of Process
Insufficiency of Service of Process
No Irreparable Harm
Laches
Lack of Jurisdiction over Subject Matter
Lack of Jurisdiction over the Person
License
No Prior Course of Dealing
Payment
Release
Res Judicata
Self-Defense
Sham
Statute of Frauds
Statute of Limitations
Truth
Unclean Hands
Unconscionability
Waiver
Pleading Affirmitive Defences

CHAPTER 9 – PUNITIVE DAMAGES

What Are Punitive Damages
Types of Punitive Damages
How Punitive Damages Work
Case Examples

CHAPTER 10 – MOTION EXAMPLES

Motions in General
Motions in Federal Court
Content of the memorandum in support state or federal
Content of the response memorandum in opposition state or federal
Content of the reply state or federal
Notice of Motion
Affidavit
Notice of Hearing
Notice of Deposition
Subpoena
Request for Admissions
Request for Production
Request for Interrogatories
Compelling Discovery
Motion to Dismiss Failed to Prove Jurisdiction
Motion to Dismiss Lack of subject matter jurisdiction
Motion to Dismiss Lack of personal jurisdiction
Motion to Dismiss Improper venue
Motion to Dismiss Failed to state cause of action
Motion to Dismiss Failed to prove jurisdiction
Motion to Dismiss Complaint is scandalous and Impertinent
Motions to require a more definite statement cannot understand
Order
Motion to Strike for Scandalous and Impertinent Reference
Motion for Judicial Notice
Motion to Amend
Motion to Determine Sufficiency
Motion in Limine
Motion to Show Cause
Motion for Protective Order
Motion for Reconsideration
Motion for Continuance
Motion to Seal
Motion for extension of time
Motion to exceed page limit

CHAPTER 11 – SUPREME COURT RULINGS, STATUTES & RULES

Government Officials May Be Held Liable
Income Tax
Unalienable Rights
Religious Freedom
Jurisdiction
State Rights
Legislation
Due Process
Trial by Jury (Court of Record)
Statutes Protecting People from Abusive Servants
5 USC §3331: Oath of Office
5 USC §3332: Officer Affidavit
18 USC §4: Misprision of felony
18 USC §241: Conspiracy against Rights
18 USC §242: Deprivation of Rights under Color of Law
18 USC §245: Interfere With Qualifying or Campaigning As a Candidate
18 USC §645: Court Officers Generally
18 USC §654; Officer or Employee of US Converting Property of another
18 USC §872: Extortion by Officers or Employees of the United States
18 USC §1001: Statements or Entries Generally
18 USC §1341: Frauds through Postal Service
18 USC § 1346: Definition of Scheme or Artifice to Defraud
18 USC §1349: Attempt and Conspiracy    
18 USC §1503: Influencing or Injuring Officer or Juror Generally
18 USC §1512: Engages In Misleading Conduct
18 USC §2071: Concealment, Removal, or Mutilation Generally
18 USC §2381: Treason
18 USC §2382: Misprision of Treason
18 USC §2383: Rebellion or Insurrection
18 USC §2384: Seditious Conspiracy
18 USC §2385: Advocating Overthrow of Government
26 USC §7214: Offenses by Officers and Employees of the United States
26 USC §7806: Not Law
28 USC §132: Creation and Composition of District Courts
28 USC §2243: Issuance of Writ; Return; Hearing; Decision
42 USC §1983: Civil Action for Deprivation of Rights
42 USC §1985: Conspiracy to Interfere with Civil Rights
42 USC §1986: Action for Neglect to Prevent
Rules of the Court
Rule 55: Default
Rule 56: Summary Judgment
Oath
Political
Politics

CHAPTER 12 – READY FOR TRIAL

Bill of Particulars and Note of Issue
Notice of Issue
Certificate of Readiness
Note of Issue, example
Certificate of Readiness, example
Bill of Particulars, example
Motion for summary judgment
Default Judgment
Judgment on the Pleadings
Motion for Default Judgment
Affidavit for Default
Motion for Summary Judgment
The Trial
The Eight Stages of Trial
Evidence
Classification of evidence
Admissibility
Rulings on Evidence
Objections
Judicial Notice
Presumptions
Inference
Relevance
Privileges
Witnesses and Competency
Opinions and Expert Testimony
Lay Opinions and Inferences
Expert Opinions and Inferences
Hearsay
Authentication
Authentication of Documents
Self-Authenticating Documents
Authentication of Things
Requirement for Originals
Applicability
Motion in Limine
Testimony by Attorneys
Dealing with Perjury    
Direct and Cross-Examination
When Direct and When Cross
How to Examine a Witness on Direct
How to Examine a Witness on Cross
Circumstantial Evidence
Objections
Hearsay
Competence
Calls for speculation
Spouse can’t be compelled to testify
Objection Leading
Evidence Rule Violations
Asked & Answered
Badgering
Best Evidence Rule
Competence
Lack of first-hand knowledge
Counsel Testifying
Facts Not in Evidence
Objection Facts not in evidence
Outside the Pleadings
Prejudice
Qualifications
Relevance
Speculation

CHAPTER 13 – MEMORANDUMS

Law of the Case
Tax & Mortgage Foreclosure case
Jury Tampering and Stacking
Attorney License Fraud
Law and Equity
Rules of Common Law
Statutes, Codes, Regulations
Tax Court
USC Title 18
Rule 12 (b) (6) Failure to state a claim

CHAPTER 13A – IRS MEMORANDUMS

IRS Tax Court
Steps if the IRS files a court case first
Steps for filing first
Memorandum of Law Internal Revenue Service (IRS) Fraud
Memorandum of Law IRS & BATF are not Government Agencies
Federal Reserve Certificate of Corp
16th Amendment Not Ratified
IRS Summons
Form 2039 ‘Notice Provisions of the IRS code
IRS Notice 609

CHAPTER 14 – EXTRAORDINARY WRITS

Prerogative writs – The People’s Remedy
Writ of Prohibition
Writ of Mandamus
Writ of Certiorari
Writ of Error
Writ of Habeas Corpus
Writ of Process
Writ of Probable Cause
Writ of False Judgment
Writ of Error Coram Nobis
Writ of Error Coram Vobis
Writ of Conspiracy
Writs of Mandamus, Prohibition, and Other Extraordinary Writs
Instructions for Enforcement
Writ of Seizure and Sale
Writ to Cease and Desist
Writ of Seizure and Sale (example)
Writ to Cease and Desist (example)

CHAPTER 15 – HABEAS CORPUS

Filing Habeas Corpus papers
Instructions
File on Demand
Federal Cover Sheet
Order to Show Cause
Writ of Habeas Corpus
Affidavit
Federal Cover Sheet (example)
Order to Show Cause (example)
Writ of Habeas Corpus (example)
Affidavit (example)

CHAPTER 16 – RULES OF COMMON LAW

Federal Rules of Civil Procedure
Rules of Common Law
Abatement of Nuisances by Summary Proceedings
Maxims
Principals of Common Law
Courts are for the people to command the power of the State
Legitimacy of Government
Testimony and Evidence
Civic Duty of Citizens
Private Property
Unalienable Rights
Crime and Punishment
Judicial Reasoning

CHAPTER 17 – RIGHT TO PRACTICE LAW

Fiction of Law
Supreme Court rulings

CHAPTER 18 – NOTICE AND DEMAND

Notice and Demand Elements (good faith discloser)
Verified Notice and Demand (example)

CHAPTER 19 – JURY

The Kings Bench
Without an Unfettered Jury there can be No Liberty
Essay on the Trial by Jury
United States v. Williams
Jury Nullification
Jury Tampering & Proper Instructions to the Jury
Jury Tampering and Stacking
Federal Trial Handbook Tampers with the Jury
Federal Grand Jurors Subverts the Author & Source of Law
Rebuttal to the False Claims of the Hand Book for Jurors
Federal Jurist Questionnaire Profiles and Provides for Jury Stacking
The Grand Jury
The Petit Jury
Founders on Trial by Jury
There Exists No Crime absent Criminal Intent
The Jury Final Arbitrator of All Things
The Jury’s Decision Is Final
This Is Government by Consent
Unalienable Right of the Jury in Sentencing
Glossary of Terms

CHAPTER 20 – FOUNDING FATHERS QUOTES

Thomas Jefferson on Freedom
Thomas Jefferson on Righteousness
Thomas Jefferson on Politics & Government
Thomas Jefferson on Furthering the Principal Object
Thomas Jefferson on Limitation by the Separation of Powers
Thomas Jefferson on Limited -vs- Universal Powers
Thomas Jefferson on Unauthorized Assumptions of Power
George Washington Quotes
Benjamin Franklin Quotes

CHAPTER 21 – MAXIMS

Maxims the Light of Liberty’s Lamp
Maxims Are the Rules of Common Law
Ten Essential Maxims or Precepts in Commercial Law
Primary Principals of Common Law
The Burden
Testimony and Evidence
Civic Duty of Citizens
Private Property
Civil Rights
Administration of Justice
Judicial Reasoning
Crime and Punishment

CHAPTER 22 – FOOT NOTES

Learn to Appreciate and Use Foot-Notes they are requisite to writing papers

CHAPTER 23 – SURETY BONDS

CHAPTER 24 – ABA MUST BE DISBANDED FOR TREASON

GLOSSARY OF TERMS

WORD FORMATTING & ON-LINE RESOURCES

Dictionaries
Judicial writing
Common Law Lectures and Interviews (MP3’s)
Seminar: Government By Consent Video on front page
Power of the Grand Jury Video on front page
NLA Mission Statement
Free courses
Join Your County Committee of Safety
Devolution Videos
Educational Videos
G. Edward Griffin Documentaries
JFK the Coup D’état Videos
Articles and Essays
Blacks & Bouvier’s Law Dictionaries pdf
Free PDF Books Downloads
American History Lectures, Videos
Harmony of the Gospels mp3
Federalist Papers mp3 & pdf
Anti-Federalist Papers mp3 & pdf
Common Law Lectures
Biographies
5000 Year Leap mp3 & pdf book

ABOUT THE AUTHOR

ABOUT THE BOOK

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