I sometimes try...
I sometimes try to fit too much into too little of a space so I am going to try to do this in a segmented format. I’ve never done this before; so bear with me as the next few Dashes’ will be dedicated to trying something which is different for me to do.
At the request...
At the request of one of my loyal readers I’m going to explain the difference between the words “claim” and “complaint”.
I can hear you now, “That’s easy Sult, a “claim” is what miners have on place where they dig for gold and a ‘complaint’ is what the other miners do when they are bitching and moaning that they didn’t get the claim the other miner has.”
Well, that may be true, but we aren’t talking gold mine claims today we are going to be talking “claims” in a court of law.
Seeing that most...
Seeing that most of us have no formal training in the “legal system”, and in order to make sure this goes smooth and easy we have got to establish the meanings of certain words I’m going to use. Like I have said before, “words have meanings and some words have more than one meaning based on where they are used.” We are only interested in the definitions of words in their “legal system” context for this exercise we are going to go through.
Also, I could...
Also, I could just give the definitions of words, claim and complaint, in their legal context use but that would not serve you well.
It would be like me giving you my user name and password to my bank account but not the name of the bank and then you’d have to search every bank online and keep trying until you found the right one. What good is information if you don’t know how and where to use it correctly? Exactly; none.
First things first...
First things first…. I am not a lawyer, I don’t give legal advice, and this is purely for entertainment purposes. What I will say is, if you learn these things and actually implement them you will be definitely “entertaining” some folks with this information.
Also, I have no idea who may end up reading this little series but the information given here applies to the USA, it may very well apply in other countries around the world but it is up to those who read it to determine for themselves if it is applicable where they are.
With all those disclaimers out of the way let’s get started.
So we are talking “legal stuff” and when something is out of whack, chances are it will end up in court for the courts to get it back in whack. So the first thing we have to do is define what a court is and how to know what kind of court you are in.
Court: in its legal sense is “a tribunal for judicial investigation” and has been since 1200 AD.
In the USA I’ll use Bouviers’ law dictionary which defines it as such; “COURT, practice. A court is an incorporeal political being, which requires for its existence, the presence of the judges, or a competent number of them, and a clerk or prothonotary, at the time during which, and at the place where it is by law authorized to be held; and the performance of some public act, indicative of a design to perform the functions of a court.”
In the USA there are several different courts and I won’t go into naming them all here and now. For you, (man) you are only concerned with getting before a court that can hear a case from “man” and that is a “court of record”.
A court of record operates under the common law.
The easiest way to know if you are in a court of record is to simply ask the court, “if I don’t agree with the outcome this court finds, can I appeal the decision?” If the court tells you yes, you can appeal the decision, well then; you are not in the court you (man) needs to be in.
Despite what you...
Despite what you may have learned growing up, and during your lifetime, the United States Supreme Court is not the highest court in the land. It is the highest court in Washington, DC. and the government.
The highest court in the land is a court of record because the decision of a court of record cannot be appealed, its decisions are final.
Important point to remember: Court of record = court for “man” & decisions are final and cannot be appealed. This is the only court that a “man” can be heard in.
So when you...
So when you get a speeding ticket, for instance, you may think you are going to court of law but you are not. What you are going to is an administrative hearing. A man or woman in a black robe plays an “acting” role as a “judge” when in fact he or she is nothing more than administrative hearing officer.
Statutes and codes...
Statutes and codes are not “law” and “man” can decide for himself whether or not he wants to abide by those codes and statutes. Now, I know some of you might think that sounds crazy and old Sult must have lost his mind. I haven’t “lost it” better yet; I’ve found it.
I quit relying on what I was taught in school and by my parents and by people around me in my “circle of friends” and did the research necessary to get to the point that I’ve come too… and that’s the point of truth.
So we are...
So we are going to end segment number one of this multi- part series with the knowledge that as a “man” the only court you need to be in is a “court of record”. (Being in the correct court (court of record) is paramount to making a claim as you will learn later on.)
Court of record… remember it!!!
Until next time,
Sult
