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Common law is based on British Ecclesiastical law, the Magna Charta of 1215, and the Ten Commandments and Holy Bible. Common law is unwritten law, which people all over the world generally understand and accept as the way to interact with others with respect to natural rights. Common law can be summed up by saying, "you can do whatever you wish, so long as you do not harm anybody in the process. "Harming anybody in the process" means violating the natural (life, liberty, property) rights of another.
Common law is regarded as the Law of the Land in the uSA. This means that the common law attached to the land itself before there were any governments here. Common law cannot be repealed, abridged, amended, or ignored (even though portions of statutory law claim to have replaced the common law). This is because no man or woman has the authority to alter the Laws of the Creator, on which common law is based.
Under common law, there can be no crime without there being a damaged party. The "State" is not a "real party in interest" and so cannot claim to be a damaged party and thereby prosecute "victimless crimes." In reality, under common law there can be no crime without there being a victim. In other words, common law does not allow for "crime prevention," because in order to prevent a crime (damage to another) from happening, then a law-abiding Citizen must have his liberty arrested (before he harms someone). Under the system of governance established by our Founding Fathers, it was unacceptable to encroach upon the natural right to liberty belonging to each Citizen, unless there was first a damaged party issuing a complaint against an individual. Only then could the government charge the accused party with commission of a crime. Freedom allows for anyone to harm anyone else... once only, if the government acts properly to deal with the crime.
Common law venue courts are courts of the people. If a crime is alleged to have been committed, the accused party is entitled to a fair trial, in which members of his own community are gathered into a jury of twelve. Jurors are picked at random and there are no provisions for disqualification of jurors based on their personal beliefs or political positions. Members of the community are conscripted to serve as judge (who is only a referee) and constable (bailiff). The jurors themselves ask questions of the accused and accusing parties and their witnesses. The judge acts only as an impartial referee, whose primary task is to keep the adversarial parties on track, ensuring that the proceedings move forward swiftly and with proper focus by all parties. The judge is a minor official in a common law venue court.
A common law civil action for damages requires that a security bond be put up by the plaintiff, equal to twice the amount being asked for in damages. If the lawsuit turns out to be frivolous, then the bond is forfeit - one half to the accused party (whose character has been assassinated by virtue of the accusation itself), the other half to the jurors and court officers, who had to take time away from their jobs to serve the court. By their very nature, common law proceedings preclude frivolous lawsuits.
Common law cannot ever be repealed, because it is fundamental to the land itself, before there were any governments. The Uniform Commercial Code (U.C.C.) governs all statutory courts today. U.C.C. 1-103 requires that all proceedings be conducted in harmony with the common law. This can be useful if you ever find yourself in a statutory court, because once invoked, the rules of common law must be addressed, and under common law there is no crime if there is not a damaged party (who has signed a complaint against you).
There are no true official common law venue courts today, except for the U.S. Court of Claims in Washington, D.C. However, many unofficial common law venue courts of the people have been established throughout the Union.
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