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Nd help on case law on foreign law

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  • rd
    I need help in finding case law. I want to find U.S. S.Ct. holdings or Ohio holdings in which foreign law can be imported into one s state. The explanination
    Message 1 of 9 , Apr 1, 2007
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      I need help in finding case law.

      I want to find U.S. S.Ct. holdings or Ohio holdings in which foreign law can
      be imported into one's state.

      The explanination is as follows:

      Due Process and Equal Protection. No person shall be deprived of life,
      liberty or property without due process of law nor be denied the equal
      protection of the laws.
      Under U.S. Constitution IV, 2, I am entitled to Georgia, Illinois, and
      California rights.
      Under the constitutional concept of "dual federalism" we are all
      beneficiaries of at least two constitutions, to wit: state and federal. The
      federal constitution and the common law invest us with additional rights as
      follows: I am entitled to utilize the constitutional concepts expressed in
      foreign constitutions. All people in all states, including Ohio, are
      entitled to the rights of Californians, except the right to vote in
      California state and local elections, which, or course, is reserved to
      California citizens. That is why I cite California law herein. U.S.
      Constitution: Article IV, Section 2.: The citizens of each state shall be
      entitled to all privileges and immunities of citizens in the several states.

      At my last hearing, the judge asked me how is it that Calif. & Ill. law can
      be imported to Ohio.

      mahalo,

      Roy
    • LARRY JAMES HANSHEW
      A SUPEME COURT JUSTICE BEING GRILLED ON CASE LAW! YOUR WELCOME ! LARRY IN NEWPORT BEACH,CA. ... From: rd To:
      Message 2 of 9 , Apr 1, 2007
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        A SUPEME COURT JUSTICE BEING GRILLED ON CASE LAW! YOUR WELCOME !
        LARRY IN NEWPORT BEACH,CA.


        ----- Original Message ----
        From: rd <nwo@...>
        To: tips_and_tricks@yahoogroups.com
        Sent: Sunday, April 1, 2007 11:25:56 AM
        Subject: [tips_and_tricks] Nd help on case law on foreign law

        I need help in finding case law.

        I want to find U.S. S.Ct. holdings or Ohio holdings in which foreign law can
        be imported into one's state.
      • Frog Farmer
        ... Ohio is a state as much as Bush is innocent of murder. It was merely declared to be one (in 1950 or 1951), but never completed the real processes, much
        Message 3 of 9 , Apr 1, 2007
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          rd [mailto:nwo@...] wrote:

          > I want to find U.S. S.Ct. holdings or Ohio holdings in which foreign
          > law can
          > be imported into one's state.

          Ohio is a state as much as Bush is innocent of murder. It was merely
          "declared" to be one (in 1950 or 1951), but never completed the real
          processes, much like the 14th, 16th and 17th amendments were "ratified".
          People will believe anything! And they don't trust themselves to act
          alone.

          > U.S.
          > Constitution: Article IV, Section 2.: The citizens of each state shall
          > be
          > entitled to all privileges and immunities of citizens in the several
          > states.
          >
          > At my last hearing, the judge asked me how is it that Calif. & Ill.
          > law can
          > be imported to Ohio.

          You just gave us the constitutional citation, so what was his problem
          with it? Maybe he knows Ohio is not a state but didn't want to break
          the news to you. What more is needed really? You can make your own law
          and run your own court in a republic. But if you let criminal usurpers
          and impostors run your government for you, and you give up the concept
          of self-government found only in America, who is to blame for that? I
          think most of the humans around us act as enemies of American freedoms
          if only out of ignorance and not outright malice. I look at EVERYONE as
          a potential tyrant in waiting, because invariably, I can direct
          conversation to the point where they make admissions and confessions
          (often without having any idea that they are doing so!) which show they
          support socialism or fascism over liberty or law. Just statistically, I
          am near the end of my productive life and can no longer afford to suffer
          these fellow humans' effects on my life. Even if it makes me unpopular,
          I refuse to cooperate further in my own destruction.

          Regards,

          FF
        • Michael Noonan
          ... It s called comity, where one state recognizes the laws of another. You are more effective when you can cite case law from your own state. Were you to
          Message 4 of 9 , Apr 1, 2007
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            --- rd <nwo@...> wrote:

            > I need help in finding case law.
            >
            > I want to find U.S. S.Ct. holdings or Ohio holdings
            > in which foreign law can
            > be imported into one's state.


            It's called comity, where one state recognizes the
            laws of another.

            You are more effective when you can cite case law from
            your own state. Were you to find a case from another
            state, look up that case at a law library and see
            what the West key is. That reference will lead you
            to similar cases in your own state.

            Any clerk at the law library will help you find out
            how to do this, better than I have.

            Cheers!

            mn



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          • office@freeandclear.us
            You can do a search for annotations under the 14th amendment, equal protection clause. Further, there is, but I do not know where, an actual statute. J ___
            Message 5 of 9 , Apr 1, 2007
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              You can do a search for annotations under the 14th amendment, equal
              protection clause.

              Further, there is, but I do not know where, an actual statute.

              J

              ___ Thank you for your message at 11:25 AM 4/1/2007 Sunday -0700, rd.
              Your message was:

              >I need help in finding case law.
              >
              >I want to find U.S. S.Ct. holdings or Ohio holdings in which foreign law can
              >be imported into one's state.


              --
              No virus found in this outgoing message.
              Checked by AVG Free Edition.
              Version: 7.5.446 / Virus Database: 268.18.24/741 - Release Date: 3/31/2007 8:54 PM
            • one
              Look in title 28 for how to authenticate public acts, records, and judicial proceedings so they shall be given full faith and credit in another State. There
              Message 6 of 9 , Apr 1, 2007
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                Look in title 28 for how to authenticate public acts, records, and
                judicial proceedings so they shall be given full faith and credit in
                another State.
                There are two sections speaking to this, as I recall.

                >
                >
                > I want to find U.S. S.Ct. holdings or Ohio holdings in which foreign
                > law can
                > be imported into one's state.
                >

                >
              • tthor.geo
                According to the courts , you have a faulty basic understanding of the law (invalid assumption; error, error; does not compute). [I don t believe you are
                Message 7 of 9 , Apr 2, 2007
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                  According to the 'courts', you have a faulty basic understanding of
                  the law (invalid assumption; error, error; does not compute). [I
                  don't believe you are going to FIND what you are looking for...]

                  According to case law I have read: 'Citizens', 'citizens',
                  and 'residents' of a state are entitled to all the rights of every
                  other Citizen of that state.

                  [In other words, you cannot 'import' a right that a particular state
                  doesn't recognize within its borders and among its own Citizens.
                  According to case law, your birth rights do NOT travel with you.
                  {And it doesn't MATTER whether you agree or disagree with that
                  position UNLESS you can convince a lot of 'courts' to ignore and
                  REVERSE @200 years of 'precedent'.}

                  So, in Ohio, you have all the rights that anyone else in Ohio has
                  [and NO more].

                  The only exceptions that I know of are: (1) IF a particular state's
                  law is completely silent on an issue [like: the Statute is too new,
                  or has never been examined before], one could bring in previous case
                  law from a similarly-organized or neighboring state as 'authority'
                  for a 'court' to consider. [Example: California Codes are based on
                  New York State Codes, so previous case law, in New York,
                  interpreting N.Y. State Codes COULD be 'persuasive', but
                  not 'binding' in interpreting similar California Codes.] Note: the
                  emphasis is on INTERPRETING/CONSTRUING, not on ENFORCING.

                  (2) IF a state has adopted Federal Codes/Statutes/Acts/Codes as
                  model legislation, the interpretations/opinions of Federal Courts
                  would be 'binding' or 'conclusive' on the interpretation of a
                  similar state Code section. Again, INTERPRETING/CONSTRUING, not
                  ENFORCING.

                  Moderator/Bear: I agree with tthor. His comments reflect my understanding.

                  "rd" <nwo@...> wrote:
                  >
                  > I need help in finding case law.
                  >
                  > I want to find U.S. S.Ct. holdings or Ohio holdings in which
                  foreign law can
                  > be imported into one's state.
                  >
                  > The explanination is as follows:
                  >
                  > Due Process and Equal Protection. No person shall be deprived of
                  life,
                  > liberty or property without due process of law nor be denied the
                  equal protection of the laws.
                  > Under U.S. Constitution IV, 2, I am entitled to Georgia, Illinois,
                  and California rights.
                • one
                  Pursuant to A4s1 & 2, many States require the courts to take judicial notice of the supreme decisions of the judicial department of other States. I have been
                  Message 8 of 9 , Apr 2, 2007
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                    Pursuant to A4s1 & 2, many States require the courts to take judicial
                    notice of the supreme decisions of the judicial department of other
                    States.

                    I have been looking for a list of those which do and those which do not,
                    for a while. Why all do not, I don't know. Rebellion to this
                    Constitution, probably.

                    The privileges and immunities of citizens in the several States are
                    guaranteed to the citizens of each State. This is the unifying
                    provision in this Constitution.


                    Of course, if there are no citizens in the several States appearing in
                    courts, this provision is defunct.
                  • rd
                    SUPPLEMENTAL MEMORANDUM ON THE PRECEPT OF EQUAL PROTECTION OF THE LAWS AND DUE PROCESS FOR DEMAND TO QUASH I found from the Ohio Traffic Rules, R. 20, that the
                    Message 9 of 9 , Apr 6, 2007
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                      SUPPLEMENTAL MEMORANDUM ON THE PRECEPT OF EQUAL PROTECTION OF THE LAWS AND DUE PROCESS FOR DEMAND TO QUASH

                       

                      I found from the Ohio Traffic Rules, R. 20, that the rules allow other factors:

                      R. 20 Procedure not Otherwise Specified

                      If no procedure is specifically prescribed by these rules, the Rules of Criminal Procedure and the applicable law apply.

                       

                      In turn, turning to the ORCr.P, Rule. 27:

                      RULE 27. Proof of Official Record; Judicial Notice:  Determination of Foreign Law

                      The proof of official records provisions of Civil Rule 44, and the judicial notice and determination of foreign law provisions of Civil Rule 44.1 apply in criminal cases.

                      In turn, turning to the ORCv.P, Rule 44.1:

                      RULE 44.1. Judicial Notice of Certain Law; Determination of Foreign Law

                      (A) Judicial notice of certain law.

                      (1) Judicial notice shall be taken of the rules of the supreme court of this state and of the decisional, constitutional, and public statutory law of this state.

                      (2) A party who intends to rely on a municipal ordinance, a local rule of court, or an administrative regulation within this state shall give notice in his pleading or other reasonable written notice. The court in taking judicial notice of a municipal ordinance, a local rule of court, or an administrative regulation within this state may inform itself in such manner as it deems proper, and may call upon counsel to aid in obtaining such information. The court's determination shall be treated as a ruling on a question of law and shall be made by the court and not the jury. A court may, however, take judicial notice of its own rules or of a municipal ordinance within the territorial jurisdiction of the court without advance notice in the pleading of a party or other written notice.

                      (3) A party who intends to rely on the decisional, constitutional, public statutory law, rules of court, municipal ordinances, or administrative regulations of any other state, territory, and jurisdiction of theUnited States shall give notice in his pleading or other reasonable notice. The court in taking judicial notice of the decisional, constitutional, public statutory law, rules of court, municipal ordinances, or administrative regulations of any other state, territory, and jurisdiction of the United States may inform itself in such manner as it deems proper, and may call upon counsel to aid in obtaining such information. The court's determination shall be treated as a ruling on a question of law, and shall be made by the court and not the jury.

                      (B) Determination of foreign law. A party who intends to rely on the law of a foreign country shall give notice in his pleadings or other reasonable written notice. The court in determining the law of a foreign country may consider any relevant material or source, including testimony, whether or not submitted by a party. The court's determination shall be treated as a ruling on a question of law and shall be made by the court and not the jury.

                      So we see here that we have the beginnings of the statutory basis for the importation of foreign law of other jurisdictions, the several states.  See 44.1(A)(3) at “give notice” of reliance upon other state’s public policy.  Although, this rule states that the decision lies w/ the corrupt court “deems proper”.  (this should be consistent in all the state’s rules of court evenCalifornia )

                      Now we apply the other hammer, the supreme law of the land, otherwise known as the Constitution of the United States of America , 1787. (Incidentally the presiding blk robe should have already given public notice of his solemn oath and also the prosecutor and claimant, perhaps at this point one should accept the pub. offering to contract to make it an indiv. & personal contract, like Spooner said)

                      Article IV, Clause 2:

                      The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.

                      This means obviously, the black letter is clear, that I here in Ohio do have the same privileges and immunities and rights as someone over there on the left coast does, like California .  Is there any question here?  Is there any question that each citizen shares the same rights etc. as any other no matter where they live?  Do you detect any discretion in the matter?  Do you think the reverse is true?

                      Then coupled with an amendment to the same supreme law:

                      Amendment 9:

                      The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

                      Obviously, from the wording and more importantly the meaning that even though some rights are enumerated or stated in the fundamental instrument, the people of the several states have more rights that cannot be cut off or denied by only the mere mention of only a few of them.  So therefore, if someone is entitled to something as a right or privilege then that same property is shared and belongs to another in another state.

                      As an example of these 2 precepts working together, since the right to breathe is not enumerated in the foundational law of the land, nevertheless, we the people do retain and possess it.  Further, should it be enjoyed or exercised in one state, it is to be enjoyed in another state.  I don’t believe it can be more fundamental than this and so obvious.  This lawful and fundamental principle is then carried to its logical conclusion as so well stated in Article IV, Clause 2 and the Ninth Amendment.  We all possess the same rights, etc. wherever we choose to live. The only exception may be within the Federal democratic states.

                      The definition for immunity:

                       

                      Immunity: Exemption as form serving in an office , or performing duties which the law generally require other citizens to perform; e.g. exemption from paying taxes.  Freedom from duty or penalty. Special privilege.  See also Exemption; judicial immunity; privilege; sovereign immunity.  Black’s Law Dictionary, 5th Ed., pg.676-7

                       

                      Consider this example, suppose a motorist in California is exempt[1] or immune to securing a so-called Driver’s License by the mere fact that he is not engaged in commerce.  Therefore, by the principles defined and outlined above, then someone in N.Y. is equally as immune to the so-called Driver’s License if he in fact is not engaged in commerce.

                       

                      The definition of privilege:

                      Privilege:  Latin privilegium law affecting a specific person, special right, from privus private + leg- lex law

                      1: a right, license, or exemption from duty or liability granted as a special benefit, advantage, or favor: as

                      a: an exemption from liability where an action is deemed to be justifiable (as in the case of self-defense) or because of the requirements of a position or office

                      also
                      : the affirmative defense that an action is privileged
                      (compare
                      excuse)

                      b: an exemption from a requirement to disclose information (as for trial) that is granted because of a relationship or position that demands confidentiality
                      Example: the attorney-client privilege
                      Example: the doctor-patient privilege
                      Example: the marital privilege
                      Example: the priest-penitent privilege
                      (see also
                      confidential communication)

                      c: something specially permitted or granted as a matter of discretion that may be limited or taken away
                      Example: right to . . . mooring permit is not necessarily created because discretionary state privilege was generously granted in [the] past -- National Law Journal
                      (compare
                      right)

                      din the civil law of Louisiana
                      : a right of a creditor conferred by the nature of a debt to have priority over the debtor's other creditors

                      2: any of various fundamental or specially sacred rights considered as particularly guaranteed to all persons by a constitution and esp. by the privileges and immunities clause of the U.S. Constitution.  Merriam-Webster's Dictionary of Law ©1996.

                       

                      Privilege:  A particular and peculiar benefit or advantage enjoyed by a person, company, or class. Beyond the common advantages of other citizens, an exceptional or extraordinary power or exemption.  A right, power, franchise, or immunity held by a person or class, against or beyond the course of the law.  Black’s, 2d Ed., pg. 942.

                       

                      Consider this, privilege is just a right, license, or exemption from a duty or liability or favor. Should one be exempted from the duty of acquiring a so-called Driver’s License like say in California , then the exemption is equally possessed by someone in any other state.

                       

                      Therefore, isn’t that exemption or favor already and clearly said in Article IV, Clause 2?  That someone in California is enjoying or entitled to a privilege is also to be entitled by someone in the other several states?

                      Furthermore, all decisions, statutes, ordinances or public policy that is exercised by one state is rightfully held by another in a different state.

                       

                      Additionally, the state statutes, codes, etc. are merely prima facie the law until it is demonstrated to be otherwise as we do hereinabove.  Look at the preface to the volumes of the codes or statutes of each state.

                       

                      The words and principle is explicit in the supreme law of the land.  All rights, privileges and immunities belong to all people in the several states.  The presiding judge has no latitude and has no discretion in the matter of equal rights as demonstrated and proven here.  This is especially true since the blk robe did swear an oath to uphold the Constitution of the United States of America .  Further, you bind him into a contract to do so by you accepting his pub. offer to contract.

                       

                       

                      So in order to perfect this argument we need relevant case law, preferable is U.S. S.Ct. holdings.  I’m looking for a universal solution or remedy for this question of dr. lic.  So where is the case law, guys?



                      [1] Several have shown that in California one is exempt (immune) to the driver’s license if he does not engage in commerce on the public right of way and only for the movement of his personal property.

                       
                       
                      ----- Original Message -----
                      From: one
                      Sent: Tuesday, April 03, 2007 6:14 AM
                      Subject: Re: [tips_and_tricks] Re: Nd help on case law on foreign law

                      .

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