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Case Law are the reported decisions of selected courts known as “courts of first impression” granted the power by the private Bar Guilds to have their interpretations of law cited as precedents in a process known as stare decisis. Under common law traditions, a lower court may not rule against a binding precedent, even it if feels unjust. |
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Case Law and Common Law |
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Common Law is a system of law created by King Henry VIII in 1548 upon the complete remodeling of the Executive, Legislature and Judiciary Branches of Rule in England whereby the private Guild (Livery) of Judges and Notaries (from which the private Bar Associations were spawned) were granted royal warrant to convert judicial assemblies into their private courts (cautio) and for the rulings and judgments of the private Guild to take precedence over ancient customs of Anglo-Saxon law and rights, except those needed to make the law still technically function. |
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Case Law is sometimes (incorrectly) equated with Common Law. In fact Case Law is more correctly a subsidiary of Common Law and describes a system whereby the private Guild(Livery) associations of the Bar have created a parallel (and sometimes contradictory system) of their own bylaws compared to the statutes of parliament and regulations of officers. |
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In contrast, Common Law still holds certain fundamental laws established at its formal inception in the 16th Century through the extreme influence of the Venetians upon the English Crown that affect all branches of government. |
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To demonstrate that Common Law is not always the same as Case Law, the private Bar Guilds have increasingly sought to abrogate and diminish the honor and effect certain crucial aspects of Common Law, in direct contradiction to their rules of formation and function, including: fairness and equity, fair public notice, right to non-consent, right to a fair trial, rules of evidence, writs of common law as just some examples. |
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Theory versus reality of Case Law |
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To the Private Bar Guilds, Case Law above other forms of law is its first and most important laws, mainly because to deviate from the standards and procedures of the Bar, is to dishonor the very organization that affords the members in dishonor their right to “practice law” and profit from the commercialization of it. |
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Unfortunately, many people make the mistake of quoting sections of statutes which is entirely different to the interpretations afforded by the private guild on such laws. The raw words of statutes effectively have no meaning or bearing in a court until the private Bar has decided whether it will allow such demands to be incorporated into their private laws and rules as Case Law or not. Therefore, for the most part, the quotation of statutes in a court matter is wholly and totally irrelevant. |
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The reality of Case Law is a system which gives the private Bar an excuse and full spectrum of artful methods by which laws that the Bar do not like may be rendered inoperable before the courts, to create laws that have no reflection in statutes, to create law on the fly to suit its own purpose and to justify its own existence as appealing to the mythology that Case Law protects customs and standards, even though such standards, history is almost impossible to access for average litigants directly without the aid of a member of the Bar. |
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It is true that Case Law by and large exists in order to keep uniformity across the courts in dealing with similar situations. However, this has nothing to do with Justice and everything to do with quality control of the production of commercial financial products in the form of bonds. |
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Defective bonds necessarily cannot be relied upon as retaining their value and like any manufacturer of products, the private Bar Guilds requires certain controls to make sure bonds produced by their courts, assigned CUSIP numbers and sold for phenomenal amounts of money as profiting from crime are as reliable as possible. |
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Yet, it would be foolish for any defendant to think that they can use Case Law as a means of mounting a defense within a court. For just as Case Law outwardly appears firm and clear as the by-laws of the Bar, the Bar itself is perfectly happy to mould the laws on the fly if challenged by any competent opponent. |
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Indeed, within Case Law, there exists wheels within wheels whereby one may think they have discovered a citation of a particular Case that may be used by their defense only to find that the Bar may overcome any citation regarded as an obstacle in pursuing a prosecution by quoting previously hidden citations from higher courts or even using the powers of a court of first impression to render new laws on the fly. |
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Therefore, while a litigant may feel there is some merit in mimicking and honoring the superficial practice of the Bar in claiming it operates its courts according to Case Law, in reality there is no practical remedy in Case Law for anyone other than an esteemed member of the Bar with other private members. |
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Remedy and Case Law |
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The only remedy for one who is not a member in Case Law is to largely avoid arguments based on Case Law and spending time trying to argue or defend based on Case Law. |
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Instead, the only effective remedy against the private laws of the private courts of the private Guild of the Bars is to evoke the deeper laws and systems of the courts as purely financial establishments in the form of financial/trust and property law. Thus, a firm knowledge of the function of the courts in terms of trusts and commercializing court matters is essential to obtaining any kind of remedy. |
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