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8099Re: [tips_and_tricks] common-law

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  • John Wilde
    Apr 4, 2005
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          You just need to know how to draft your pleadings so that the Court can hear a common law remedy.  Been doing it for years.

      John Wilde

      brokenwrench wrote:

      all courts are civil courts for fictions only . you can hold your own common law court if you know how
      John Wilde <jpwilde@...> wrote:
      Yes they can.  The substance of all of the remedies are still available.  The form is just in a complaint and answer instead of a Petition, Return, Reply, rebutter, surrebutter, rejoinder, surrejoinder.

          And the judgment, remittur and all post trial procedures still follow the basic process of the common law.  And if the judge believes that the judgment should be modified, and the prevailing party does not accept the modification, then the only way it can be changed is according to the course of the common law, which is a new trial.

      John Wilde

      jm367@... wrote:
      It is true that the common-law actions such as trespass, trover, replyvin, debt, etc. can be filed in the courts today.
      However, the courts today do not proceed according to the course, mode, and usage of the law in which the common-law actions were decided by the rule of decision from the charters of liberties and the confirmatio cartarum.
      So, the situation might fairly be compared to being given a goldfish and a bowl of oil in which to keep it.
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