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Tools/Arguments for legal development
Note: when this exceeds 50p I’ll reformat for better organization.

Tags

Constitution color of law violate Constitution Licensing Liberty Court Case

Law/Code/Statute Court of Record Common Law Authority

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100
WHAT/Tag color of law/ violate Constitution
More The general misconception is that any statute passed by legislators bearing the
appearance of law constitutes the law of the land. The US Constitution is the
supreme law of the land, and any statute, to be valid, must be in agreement. It is
impossible for a law which violates the Constitution to be valid…
WHERE Maybury v. Madison, 5 US (2 Cranch) 137, 174, 176, (1803)
TOOL “All laws which are repugnant to the Constitution are null and void.”

Not Verified Court Case

101
WHAT/Tag color of law/ violate Constitution
More The general misconception is that any statute passed by legislators bearing the
appearance of law constitutes the law of the land. The US Constitution is the
supreme law of the land, and any statute, to be valid, must be in agreement. It is
impossible for a law which violates the Constitution to be valid…
WHERE Miranda v. Arizona, 384 US 436 p. 491
TOOL “Where rights secured by the constitution are involved, there can be no rule making
or legislation which would abrogate them.”

Not Verified Court Case

102
WHAT/Tag color of law/ violate Constitution
More Legislated statutes enforced upon the people in the name of law are a fraud. They
have no authority and are without mercy. Justice without mercy is Godless and
therefore repugnant to out United States Constitution. Lawmakers were given
authority by the people to legislate codes, rules, regulations, and statutes which are
policies, procedures, and “law” to control the behavior of bureacrats, elected and
appointed officials, municipalities and agencies. But were never given authority to
control behavior of the people.
WHERE Rodriques v Ray Donava Department of Labor) 769 F.2d 1344, 1348 (1985)
TOOL “The common law is the real law, the supreme Law of the land, the code, rules,
regulations, policy and statutes are “not the law.”

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Not Verified Court Case
103
WHAT/Tag color of law/ violate Constitution/ Licensing Liberty
More
WHERE Murdock v. Pennsylvania, 319 U.S. 105
TOOL “No State shall convert a liberty into a license, and charge a fee therefore.”

Not Verified Court Case

104
WHAT/Tag Appearance of law/ color of law/ violate Constitution/ Licensing Liberty
More
WHERE Shuttlesworth v. City of Birmingham, Alabama, 373 U.S. 262
TOOL “If the state converts a right (liberty) into a privilege, the citizen can ignore the
license and fee and engage in the right (liberty) with impunity.”

Verified Law/Code/Statute
105
WHAT/Tag Appearance of law/ color of law/ violate Constitution
More
WHERE TITLE 18, U.S.C § 242
TOOL “Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully
subjects any person in any State, Territory, Commonwealth, Possession, or District to
the deprivation of any rights, privileges, or immunities secured or protected by the
Constitution or laws of the United States, or to different punishments, pains, or
penalties, on account of such person being an alien, or by reason of his color, or
race, than are prescribed for the punishment of citizens, shall be fined under this
title or imprisoned not more than one year, or both; and if bodily injury results from
the acts committed in violation of this section or if such acts include the use,
attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall
be fined under this title or imprisoned not more than ten years, or both; and if death
results from the acts committed in violation of this section or if such acts include
kidnapping or an attempt to kidnap, aggravated sexual abuse, or an attempt to
commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title,
or imprisoned for any term of years or for life, or both, or may be sentenced to
death.”

Verified Constitution
106
WHAT/Tag supreme Law of the Land
More
WHERE Constitution for the United States of America , Article VI, Clause 2.
TOOL "This Constitution, and the Laws of the United States which shall be made in
Pursuance thereof; and all Treaties made, or which shall be made, under the
Authority of the United States, shall be the supreme Law of the Land; and the Judges

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in every State shall be bound thereby; any Thing in the Constitution or Laws of any
State to the Contrary notwithstanding."

Not Verified Court Case

107
WHAT/Tag Court of Record
More
WHERE Jones v. Jones, 188 Mo.App. 220, 175 S.W. 227, 229; Ex Parte Gladhill, 8 Metc.,
Mass., 171, per Shaw, C. J.
TOOL "A 'court of record' is a judicial tribunal having attributes and exercising functions
independently of the person of the magistrate designated generally to hold it..."

Not Verified Other

108
WHAT/Tag Common Law
More "Sources of Our Liberties" Edited by Richard L. Perry, American Bar Foundation.
WHERE ' Confirmatio Cartarum, November 5, 1297"
TOOL "'...our justices, sheriffs, mayors, and other ministers, which under us have the laws
of our land to guide, shall allow the said charters pleaded before them in judgement
in all their points, that is to wit, the Great Charter as the common law....

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109
WHAT/Tag Pro Se
More pro se complaint, which we hold to less stringent standards than formal pleadings
drafted by lawyers
WHERE Conley v. Gibson, 355 U.S. 41, 45-46 (1957). See Dioguardi v. Durning, 139 F.2D 774
(CA2 1944)." Haines v. Kerner, 404 U.S. 519.
TOOL "We cannot say with assurance that under the allegations of the pro se complaint,
which we hold to less stringent standards than formal pleadings drafted by lawyers,
it appears 'beyond doubt that the plaintiff can prove no set of facts in support of his
claim which would entitle him to relief.'

Not Verified Maxum

110
WHAT/Tag Court
More Refers to that an act of the Court shall prejudice no one.
It is applicable when a situation is projected where the Court is under an obligation
to undo the wrong done to a party by the act of the court.

If in a case, any undeserved or unfair advantage has been gained to a party by the
act of the court, the same requires to be neutralized.

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WHERE Jenkins' Eight Centuries of Reports, 118; Brooms Legal Maxims, Lond. ed. 115; 1
Strange's Reports, 126; 1 Smith's Leading Cases, 245-255; 12 English Common
Bench
TOOL Actus Curiae Neminem Gravabit
An act of the court shall prejudice no man.

Not Verified Court Case

111
WHAT/Tag Jurisdiction
More it must be considered and decided, before any court can move one further step in
the cause.

When you do a counterclaim does that mean their claim is no longer active?

Yes. They temporarily lose jurisdiction because in the first cause of action the
question of jurisdiction is the issue. Once jurisdiction is challenged, jurisdiction
cannot be ‘assumed’, it must be proven to exist. They must prove they have
jurisdiction before they may proceed.
WHERE STATE OF RHODE ISLAND v. COM. OF MASSACHUSETTS, 37 U.S. 657, 718 (1838)
TOOL "However late this objection has been made, or may be made in any cause, in an
inferior or appellate court of the United States, it must be considered and decided,
before any court can move one further step in the cause; as any movement is
necessarily the exercise of jurisdiction. Jurisdiction is the power to hear and
determine the subject matter in controversy between parties to a suit, to adjudicate
or exercise any judicial power over them; the question is, whether on the case
before a court, their action is judicial or extra-judicial; with or without the authority
of law, to render a judgment or decree upon the rights of the litigant parties. If the
law confers the power to render a judgment or decree, then the court has
jurisdiction; what shall be adjudged or decreed between the parties, and with which
is the right of the case, is judicial action, by hearing and determining it. 6 Peters, 709;
4 Russell, 415; 3 Peters, 203-7"

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112
WHAT/Tag Jurisdiction
More If they proceed without proving their jurisdiction to the counterclaiming court, then
the proceedings from that point onward are void.
WHERE Elliott v Peirsol, 1 Pet. 328, 340, 26 U.S. 328, 340, 7L.Ed. 164 (1828)
TOOL "Where a court has jurisdiction, it has a right to decide any question which occurs in
the cause, and whether its decision be correct or otherwise, its judgments, until
reversed, are regarded as binding in every other court. But if it act without authority,
its judgments and orders are regarded as nullities. They are not voidable, but simply
void, and form no bar to a remedy sought in opposition to them, even prior to a
reversal. They constitute no justification, and all persons concerned in executing
such judgments or sentences are considered in law as trespassers."

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113
WHAT/Tag Jurisdiction
More they are law breakers, and they typically attempt to proceed anyway. So, sometimes
you must deal with them with a counterclaim, writ of error, or contempt
WHERE John Middleton v. F.F. Low, Governor of California (1866), 30 Cal. 596, 607
TOOL "No officer can acquire jurisdiction by deciding that he has it. In all such cases, every
officer, whether judicial or ministerial, decides at his peril.”"

Not Verified Tool

114
WHAT/Tag Common Law
More The writ of coram nobis is a Latin term applied in common law to call to the court’s
attention facts that would have changed the judgment but were outside the record
and unknown to the court at the time of judgment. The writ of coram nobis is
intended to correct a final judgment by the same court in which it was rendered by
redressing a fundamental error, such as a deprivation of the right to counsel in
violation of the Sixth Amendment.
WHERE
TOOL writ of coram nobis

Not Verified Constitution

115
WHAT/Tag Common Law/ rights
More The Sixth Amendment guarantees the rights of criminal defendants, including the
right to a public trial without unnecessary delay, the right to a lawyer, the right to an
impartial jury, and the right to know who your accusers are and the nature of the
charges and evidence against you. It has been most visibly tested in a series of cases
involving terrorism, but much more often figures in cases that involve (for example)
jury selection or the protection of witnesses, including victims of sex crimes as well
as witnesses in need of protection from retaliation.
WHERE Constitution for the United States of America, 6th Amendment
TOOL “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public
trial, by an impartial jury of the State and district wherein the crime shall have been
committed, which district shall have been previously ascertained by law, and to be
informed of the nature and cause of the accusation; to be confronted with the
witnesses against him; to have compulsory process for obtaining witnesses in his
favor, and to have the Assistance of Counsel for his defence.”

Not Verified Court Case

116
WHAT/Tag Jurisdiction
More
WHERE Grannis v. Superior Court, 146 Cal. 245 [79 P. 891, 106 Am.St.Rep. 23]

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TOOL But where the question upon which the jurisdiction depends is one of law purely the
jurisdiction over the subject matter is always open to collateral inquiry ...”

Not Verified Maxum

117
WHAT/Tag Jurisdiction
More
WHERE Jenk. Cent. 137.
TOOL QUALIBET JURISDICTIO CANCELLOS SUOS HABET
"Every jurisdiction has its own bounds".

Not Verified Court Case

118
WHAT/Tag Jurisdiction
More
WHERE Simpson v. State, 310 Ark. 493, 499, 837 S.W.2d 475 (1992).
TOOL "Subject matter jurisdiction, however, is determined from the pleadings, and once a
proper charge is filed in circuit court, that court may exercise jurisdiction over that
subject matter."

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119
WHAT/Tag Jurisdiction
More
WHERE 25 Am.Jur., Habeas Corpus, sec. 27, p. 161.
See also Palmer v. Ashe, [342 U.S. 134, 72 S.Ct. 191, 96 L.Ed. 154].
TOOL "Jurisdiction of the person and of the subject matter is not alone conclusive [and]
the jurisdiction of the court to make or render the order or judgment" depends upon
due observance of the constitutional rights of the accused.

Not Verified Court Case

120
WHAT/Tag Jurisdiction
More
WHERE Harris v. American Legion, 162 F. Supp. 700.
[See also McNutt v.General Motors Acceptance, 56 S. Ct. 780.]
TOOL "Jurisdiction cannot be assumed by a district court nor conferred by agreement of
parties, but it is incumbent upon plaintiff to allege in clear terms, the necessary facts
showing jurisdiction which must be proved by convincing evidence."

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120
WHAT/Tag Jurisdiction

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More
WHERE Scott v. McNeal 154 US 34; Re: Bonner, 151 US 242.;
TOOL “Proceedings in a court are legally void where there is an absence of jurisdiction.”

Not Verified Court Case

121
WHAT/Tag Jurisdiction
More
WHERE Brooks v. Yawkey, 200 F. 2d 633
TOOL “...federal jurisdiction cannot be assumed, but must be clearly shown”.

Not Verified Court Case

122
WHAT/Tag Authority
More
WHERE CHISHOLM v. GEORGIA (US) 2 Dall 419, 454, 1 L Ed 440, 455 @DALL (1793)
pp471-472.
TOOL "...at the Revolution, the sovereignty devolved on the people; and they are truly the
sovereigns of the country, but they are sovereigns without subjects...with none to
govern but themselves....".

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123
WHAT/Tag Authority
More
WHERE American Banana Co. v. United Fruit Co., 29 S.Ct. 511, 513, 213 U.S. 347, 53 L.Ed.
826, 19 Ann.Cas. 1047.
TOOL "The very meaning of 'sovereignty' is that the decree of the sovereign makes law."

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124
WHAT/Tag Authority
More
WHERE Lansing v. Smith, 4 Wend. 9 (N.Y.) (1829), 21 Am.Dec. 89 10C Const. Law Sec. 298;
18 C Em.Dom. Sec. 3, 228; 37 C Nav.Wat. Sec. 219; Nuls 8.
TOOL "The people of this State, as the successors of its former sovereign, are entitled to all
the rights which formerly belonged to the King by his prerogative."

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125
WHAT/Tag Authority
More
WHERE Davis v. Wechsler, 263 US 22, 24.

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TOOL "The assertion of federal rights, when plainly and reasonably made, is not to be
defeated under the name of local practice."

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126
WHAT/Tag Authority
More
WHERE Miranda v. Arizona, 384 US 436, 491.
TOOL "Where rights secured by the Constitution are involved, there can be no rule making
or legislation which would abrogate them."

Not Verified Court Case

127
WHAT/Tag Authority
More
WHERE Sherer v. Cullen, 481 F 946.
TOOL "There can be no sanction or penalty imposed upon one because of this exercise of
constitutional rights."

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128
WHAT/Tag Authority
More
WHERE In re Duncan, 139 U.S. 449, 11 S.Ct. 573, 35 L.Ed. 219; Minor v. Happersett, 88 U.S.
(21 Wall.) 162, 22 L.Ed. 627." Black's Law Dictionary, Fifth Edition, p. 626.
TOOL "Republican government. One in which the powers of sovereignty are vested in the
people and are exercised by the people, either directly, or through representatives
chosen by the people, to whom those powers are specially delegated.

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