8086Re: [tips_and_tricks] common-law
- Apr 3, 2005
I never denied that your right to a remedy can be deminished. No long can affect a substantive right. It is the process by which that right is exercised that can be modified by statute.
For instance, you still have the absolute unfettered right to travel. However, once you have surrendered that right, whether through ignorance or voluntary act, the process by which you return to that right can be controlled by statute. And that is what the police powers and administrative law are all about. Learn the substance of these two areas of the law and a whole new vista will be opened up to you.
Oh and before you start railing against the cumbersome nature of the process, that is your fault. You should have known better. Fortunately for all of us, because of the nature of administrative law, the Courts have suggested that you get ONE opportunity to demonstrate that you were ignorant of the process. However, once you have exercised the process, you can never again claim ignorance.
As for being in the courtroom, I always make sure I am there on my terms, not the gummints, even if I have been named as a defendant through some administrative proceeding by some highwayman. There are many ways to turn that action into another action that makes you the Plaintiff which puts you in control.
jm367@... wrote:The plain fact is I and every other American have the right to the rule of decision of American common law.That's a substantive right.I have Cooley for authority.But, if you don't know what it is, you won't know what you are not getting. You will not be able to express the defects in the law which deprive you of right.I am glad you think you can overwhelm the bureaucacy and I hope you may, but when most of us are in a courtroom, we are the only ones there who are not getting paid to be there.Some want the law for a sword, some for a shield.
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