Memorandum of Law
Memorandum of Law
Memorandum of Law
"Before there were intelligent beings, they were possible; they had therefore possible relations, and
consequently possible laws. Before laws were made, there were relations of possible justice. To say that
there is nothing just or unjust, but what is commanded or forbidden by positive laws, is the same as
saying that, before the describing of a circle, all the radii were not equal."
-Charles-Louis de Secondat, Baron de La Brède et de Montesquieu, in "The Spirit of the Laws"
Mandamus is Law
Marbury v. Madison, 5 U.S. (1 Cranch) 137 (1803)
Freedom From Religion Foundation, Inc., 551 U.S. 587 (2007)
Pro se legal representation (/ˌproʊ ˈsiː/ or /ˌproʊ ˈseɪ/) comes from Latin, literally meaning "on behalf
of themselves", which basically means advocating on one's own behalf before a court, rather than being
represented by a lawyer.
The Latin “prosequi” meant “to follow after, accompany, chase, pursue, attack, assail, or abuse.” It is
composed of the prefix “pro” meaning “forward” and “sequi,” meaning “follow,” in the same sense as
“sequel.” In its most literal sense, prosequi means, “follow forward.” In Latin, prosequi was usually
used in two ways: literally to mean “follow a path” or figuratively to mean “follow a course of action.”
The past participle of prosequi is “prosecutus.” Prosequi became a Latin agent noun “prosecutor” in
medieval times. Prosecutus became “prosecute” in the early 15th century, usually meaning “to go into
detail.” The first recorded use of the word to mean “bring to a court of law” is in the 1570s. At this
time, the person who brought a case in a court of law was a “promoter.” Prosecutor, in turn, acquired
its modern meaning in the 1620s.
ULTRA VIRES;
Hilton v. Guyot, 159 U.S. 113 (1895); Leary v. United States, 395 U.S. 6 (1969); United States v.
Alfonso D. Lopez, Jr., 514 U.S. 549 (1995); United States v. Alvarez, 567 U.S. _ (2012)
Universal Declaration of Human Rights, G.A. res. 217A (III), U.N. Doc A/810 at 71 (1948).
http://hrlibrary.umn.edu/instree/b1udhr.htm
Article 18
International Covenant on Civil and Political Rights, G.A. res. 2200A (XXI), 21 U.N. GAOR Supp.
(No. 16) at 52, U.N. Doc. A/6316 (1966), 999 U.N.T.S. 171, entered into force Mar. 23, 1976.
http://hrlibrary.umn.edu/instree/b3ccpr.htm
Article 18
Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or
Belief, G.A. res. 36/55, 36 U.N. GAOR Supp. (No. 51) at 171, U.N. Doc. A/36/684 (1981).
http://hrlibrary.umn.edu/instree/d4deidrb.htm
Article 1, Article 2, Article 4, Article 6 (definitely pay attention to sections C & H), Article 7
Human Rights Committee, General Comment 22, Article 18 (Forty-eighth session, 1993). Compilation
of General Comments and General Recommendations Adopted by Human Rights Treaty Bodies, U.N.
Doc. HRI/GEN/1/Rev.1 at 35 (1994).
http://hrlibrary.umn.edu/gencomm/hrcom22.htm
2, 3, 4
Maxims
"The cause of the church is equal to public causes;and for the best reasons"
"No one is to be judged without being heard" Hear the other side
"Causes of dower, life, liberty, revenue, are among the favorable things in law"
"A good judge decides according to justice and right, and prefers equity to strict law"
"The argument from the greater to the lesser is of no force negatively, postively it is"
"The accessory right does not lead, but follows its principle"
"A personal right of act dies with a person" this is why rich people make Trust funds for their kids,
because the trust fund can act as a person to hold the money when they are no longer alive to do it
themselves.
"When the plaintiff does not prove his case, the defendant is acquitted"
"External actions show internal secrets" this goes further to say that if someone is abusing an Authority
given to them by law, they are Trespassers in the Law.
""It is the duty of the Justice to administer justice to everyone seeking it from them"
"To questions of fact a judge does not answer, to questions of law the jury do not answer"
"A tree is so called while growing, but wood once it ceases to grow"