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    Common Law Default

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    Rebel X
    The document discusses the common law default as it relates to traffic tickets. It explains that under the common law, if a person is accused of a violation, they can challenge the accusation by serving the accusing party (the People) with a sworn affidavit disproving the claims. If the People fail to rebut the affidavit within the given time limit, their original claim is legally extinguished by default. The common law default is a powerful legal tool, as traffic court judges are bound by law to dismiss a case when the People legally default by failing to respond to an accused person's valid affidavit.

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    Common Law Default

    Uploaded by

    Rebel X
    250 views2 pages
    The document discusses the common law default as it relates to traffic tickets. It explains that under the common law, if a person is accused of a violation, they can challenge the accusation by serving the accusing party (the People) with a sworn affidavit disproving the claims. If the People fail to rebut the affidavit within the given time limit, their original claim is legally extinguished by default. The common law default is a powerful legal tool, as traffic court judges are bound by law to dismiss a case when the People legally default by failing to respond to an accused person's valid affidavit.

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    Common Law Reference

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    The document discusses the common law default as it relates to traffic tickets. It explains that under the common law, if a person is accused of a violation, they can challenge the accusation by serving the accusing party (the People) with a sworn affidavit disproving the claims. If the People fail to rebut the affidavit within the given time limit, their original claim is legally extinguished by default. The common law default is a powerful legal tool, as traffic court judges are bound by law to dismiss a case when the People legally default by failing to respond to an accused person's valid affidavit.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    250 views2 pages

    Common Law Default

    Uploaded by

    Rebel X
    The document discusses the common law default as it relates to traffic tickets. It explains that under the common law, if a person is accused of a violation, they can challenge the accusation by serving the accusing party (the People) with a sworn affidavit disproving the claims. If the People fail to rebut the affidavit within the given time limit, their original claim is legally extinguished by default. The common law default is a powerful legal tool, as traffic court judges are bound by law to dismiss a case when the People legally default by failing to respond to an accused person's valid affidavit.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
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    Professor Ticket Slayer explains the common law default!

    A brief introduction to the common law and the common law default Unlike statute law (law enacted by acts of legislature,) the common law is simple or uncomplicated. However, the common law's simplicity and uncomplicated form does not render it weak or anemic, in fact the exact opposite is true. The common law is very powerful because it is simple to understand and to apply, and because the common law under our system of law is held to be superior to all other forms of man's law. The Constitution itself is a common document and the U.S. Supreme Court, the highest court in the land, is a common law court. The common law spawn into existence long before their was written law and a formalized court system. No earthly ruler handed the law down to people, or imposed laws upon them from on high. The people decided for themselves what was to be the law. Ages ago people who found themselves in a lawful dispute over a matter would often agree to allow an unbiased person to settle the dispute. Ordinarily this person would be a mutually respected village elder, community leader, or spiritual leader. The arbitrator of the dispute would generally base their decision upon the religious and moral teachings of the age and their own common sense. As a rule, the decisions of these judicial arbitrators were very much uniform where the same basic set of circumstances existed. This was due of course to the judicial arbitrators having applied the same set of religious and moral teachings to their decision making process. After countless times of a particular matter of dispute having been decided in the same way by countless judicial arbitrators, people came to commonly accept those decisions as being law. People would often say in regard to commonly accepted judicial decisions, "that's the law!" The common law is truly the law of the people due to the simple fact, that the people themselves agreed in common upon what the law was to be.

    How the Common Law Default Works on Traffic Tickets

    A formally constructed legal method known as the "legal default" developed after a time under the common law, as a method to defend against legal claims. The common law default holds, that any person making a legal claim against another person must uphold their legal claim by timely rebutting the counterclaims of the defendant, or they enter into legal default and then lose all legal right to their claim. In a traffic case the people of the state or the "People" make a legal claim against a person for allegedly violating a traffic law. Under the common law default method, the accused person has a legal right to challenge the People's claim outside of court using the common law default. The accused person simply serves the representative of the People with a sworn affidavit. This affidavit contains a number of legal claims that disprove the People's claim[s] against the accused and sets forth a lawful time limit by which the People must rebut the accused signed sworn affidavit, or the People default in their claim. Because the legal claims stated within the accused's sworn affidavit are solidly predicated upon truthful facts based in law, the People will fail to legally rebut the accused's claim[s] and the People's claim[s] against the accused are legally extinguished under the common law by legal default. (The People have failed to even respond 99.9999 percent of the time to the legally factual statements contained within our affidavit.) The common law default is the 'legal' equivalent of a one hundred megaton nuclear bomb! A traffic court judge is legally bound by the law, by his or her ministerial duty, and by his or her Constitutional Oath of Office to dismiss a traffic case when a legal default by the People occurs under the common law.

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