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["Lynda" <lurine AT softcom.net>]

"Common law, which is based on custom and interpreted in court cases by
judges, has never been precisely defined or codified. It forms the basis of
the law except when superseded by legislation."  British Information
Services

As to #2, that would be Equity Law which consists of a body of historic
rules and principles which are applied by the courts.

You also have to factor in that the writers didn't just take what they were
setting up from the Brits.  They took some First Nations concepts, some
Greek and Roman concepts.  A regular hodge podge.

Lynda
----- Original Message -----
From: Paul Hillman <chris_hillman AT msn.com>
To: <homestead AT lists.ibiblio.org>
Sent: Tuesday, November 09, 2004 7:45 PM
Subject: Re: [Homestead] Daniel and taxes again


> I have heard through hear-say, that some of the Rules of the Common Law
include:
>
> 1-There is NO "crime" without a "victim".
> 2-The "victim" files the "complaint", not the "state".
> 3-The "state" cannot be the "victim". (The "state" being a non-entity.)
> 4-No "law" can be passed to compell the specific performance of a person.
>
> But, I can't find this in writing anywhere, or any good explanation.
Apparently the writers of the Constitution understood them however. Whatever
happened to this knowledge?
>
> Paul Hillman
>   ----- Original Message -----
>   From: Paul Hillman<mailto:chris_hillman AT msn.com>
>   To: homestead AT lists.ibiblio.org<mailto:homestead AT lists.ibiblio.org>
>   Sent: Tuesday, November 09, 2004 7:12 PM
>   Subject: Re: [Homestead] Daniel and taxes again
>
>
>   Jerry,
>
>   The 7th Amendment states that the "rules of the Common Law" shall apply
as per the wording therein. The Common Law dates back to the Magna Carta
from 1150?
>
>   Thus, what are the rules of the common law?
>
>   Paul Hillman
>     ----- Original Message -----
>     From: Jerry W.
Shepperd<mailto:shepperd AT austincc.edu<mailto:shepperd AT austincc.edu>>
>     To:
homestead AT lists.ibiblio.org<mailto:homestead AT lists.ibiblio.org<mailto:homest
ead AT lists.ibiblio.org<mailto:homestead AT lists.ibiblio.org>>
>     Cc:
homestead AT lists.ibiblio.org<mailto:homestead AT lists.ibiblio.org<mailto:homest
ead AT lists.ibiblio.org<mailto:homestead AT lists.ibiblio.org>>
>     Sent: Tuesday, November 09, 2004 5:29 PM
>     Subject: Re: [Homestead] Daniel and taxes again
>
>
>     Paul,
>
>     I know you asked Daniel the question.  However, common law is simply
the
>     decisions of judges (judges making laws) who attempt to fill in the
details
>     of constitutions where written laws are absent or unclear.  It is not
part
>     of the Constitution nor the Bill of Rights.
>
>     Jerry S.
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