Establishing and Maintaining Common Law Courts

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The Common Law’s First Principles establish its general legitimacy and lawfulness. This valid system gives rise to Courts with the power to protect the people as a whole by prosecuting and indicting any person, corporation and institutions that threaten the community.

Enjoying universal jurisdiction because of its rootedness in the Natural Law, Common Law Courts can be established in any country or community, and not only within nations with a specifically common law legal tradition, such as South Africa, Namibia  England, Canada and America.

Common Law Courts are established when any number of men and women come together to judge a matter of concern to them and to their community. Political protests, “town hall gatherings” or Tribunals of Conscience that unite people and give voice to their concerns are often the first step. Common Law courts are an expression of that voice.

The Court itself is established by the direct will and vote of the people as a whole, who gather in assembly and elect a  Jury of at least twelve people. Appoint a Sheriff and group of Peace Officers to enforce the summonses, warrants and verdicts of the Court. Additionally, the community may appoint local magistrates versed in the law known as Justices of the Peace (JP’s), who traditionally have the power to summon juries and issue warrants. The JP or a local Sheriff may also initiate a Common Law court.

All of the participants in a Common Law Court must present their own case in all of the Court proceedings, since to allow another to “re-present” them would constitute a surrender of their natural rights and sovereignty. This applies both to the plaintiffs and the defendants involved in any matter before the Court. There are, accordingly, no professional lawyers or permanent presiding judges in a Common Law Court system.

There is no restriction on the power of a Common Law Court to access any person, place or thing, nor any limitation on the duration or rights of the Court. The Court and its Magistrate can issue Public Summonses that are binding on any person or institution, and enforceable by the Court Sheriff, who has an unrestricted right to detain any person named in the Summons and bring them into Court.

The final verdict of the Common Law Court Jury is final and not subject to appeal, simply because a reasonable and non-coerced group of people can come to the truth of any matter on the basis of the evidence alone, possessed as they are of an inherent knowledge of right and wrong. The truth is not mutable. A defendant is either innocent or guilty; the truth is not subject to revision or reconsideration, since then it is not true.

However, if it can be proven beyond any doubt that the Court’s verdict was made unlawfully, was unduly influenced, or occurred on the basis of incomplete or faulty evidence, a Common Law Magistrate can re-open and re-try the case with the normal Jury and Court officers.

In the same way, the sentence of the Court is also final, and is enforced not only by the Court Sheriff but by all citizens. For the Common Law arises from and is the direct responsibility of all people, as are all of its procedures. The verdict really is a declaration of the people that they will govern themselves according to their own democratic law and decisions.

Finally, upon issuing its final verdict and sentence, the Common Law Court jury is automatically concluded and its members are released from their duty. No Court is maintained without the conscious consent and participation of the people themselves.

Again, there is no professional, permanent caste of either lawyers or judges in a Common Law Court system, but rather elected and temporary Court officers.

Common Law, being derived from Natural Justice, bases its legal procedures on the centrality of Due Process: the three-fold right of anyone to be notified of the charges being brought against him, to see the evidence in such a suit, and to be tried and judged before his own peers. No legitimate trial can proceed nor can a conviction be rendered if the accused has not been given these rights, and afforded the chance to freely defend himself in a court of law.

Such rights are based on these fundamental doctrines of the Common Law:

1. It is presumed that the accused is innocent, not guilty;
2. The burden of proof of the accused’s guilt rests not upon the defendant but the plaintiff, who must convince a jury of the guilt of the accused beyond any reasonable doubt, and
3. The accused cannot be detained without due process but must appear promptly before a Court, according to the principle of Habeas Corpus, which is Latin for ”produce the body.”

Both sides in a dispute are given equal time to file their statements and evidence, make motions to the Court, and respond to arguments. But to avoid “vexatious litigation” designed to simply harass or disrupt an adversary – which can drag out and impede justice and due process itself – the Court normally sets a strict time limit on pre-trial proceedings, after which the trial commences.

The pre-trial period allows both sides to present their evidence and arguments to one another in order to seek a settlement prior to a Court appearance. This presentation is usually referred to as Examination for Discovery or Voir Dire (“to see and say”) where either party can demand any relevant evidence or document from the other. If Examination does not produce a settlement of differences, then the Court is convened and a trial begins.

STEP ONE: Compiling the Case

A Statement of Claim must be produced by those bringing a case, known as the Plaintiffs. Their Statement sets out in point form the basic facts of the dispute, the wrong being alleged, and the relief or remedy being sought. Next, the Plaintiff’s Statement of Claim must be accompanied by supporting evidence: documents and testimonies proving their case beyond any reasonable doubt. This evidence must be duly sworn by those not party to the dispute in the form of witnessed statements; and it must consist of the original documents themselves, and not copies. As well, anyone whose testimony is used in this body of evidence must be willing to come into Court to testify and affirm their own statement.

STEP TWO: Seeking the Remedy of a Common Law Court; Filing a Notice of Claim of Right

After gathering his case, a Plaintiff must then seek the aid of a Common Law Court and its officers. Such a Court can be brought into being by publishing a Notice of Claim of Right, which is a public declaration calling for the assistance of the community in the asserting of the Plaintiff’s right under Natural Justice to have his case heard through the Common Law, by way of a jury of his neighbours and peers. Such a Notice can be published in local newspapers or simply notarized and posted in a prominent public location, like a town hall or library.

STEP THREE: Forming a Common Law Court

Within 24 hours of the issuing of such a Notice of Claim of Right, any twelve citizens of a community can constitute themselves as a Common Law Court and its jury, and must then appoint the following Court Officers:

• a Court Adjudicator, to advise and oversee the Court proceedings
• a Public or elected Prosecutor to conduct the case; this person is normally the Plaintiff or someone they authorize to advise but not represent them
• a Defense Counsel to advise but not represent the accused
• a Court Sheriff, either elected from the community or delegated from among existing peace officers. The community can choose to elect a Sheriff for any term — the usual term is anywhere from 3 to 5 years, but may be shorter or longer
• Bailiffs, a Court Registrar and a Court Reporter
• A jury of twelve men and women elected from the community
• It is assumed that people with knowledge of the Common Law and legal procedure will act in these capacities. And, as mentioned, a Common Law Magistrate or Justice of the Peace may also initiate this formation of a Common Law Court.

STEP FOUR: Swearing in and Convening the Jury and Court Officers; Oaths of Office
Upon the appointment of these Court Officers, the Adjudicator (a Justice of the Peace or a comparable Magistrate) will formally convene the Court by taking and administering the following Oath of Common Law Court Office to all of the Court officers:

I (name) will faithfully perform my duties as an officer of this Common Law Court according to the principles of Natural Justice and Due Process, acting at all times with integrity, honesty and lawfulness. I recognize that if I fail to consistently abide by this Oath I can be removed from my Office. I make this public Oath freely, without coercion or ulterior motive, and without mental reservation.

After taking this oath, the Jury members, Court Counsellors, Sheriffs, Bailiffs and Reporter will then convene and receive instructions from the Adjudicator concerning the case. The Adjudicator is not a presiding Judge or Magistrate but an advisor to the Court, and has no power to influence, direct or halt the actions or the decisions of the Jury or other Court officers, except in the case of a gross miscarriage of justice or negligence on the part of Court officers. Thus, the Court is self-regulating and dependent on the mutual respect and governance of the Court officers and the Jury.

STEP FIVE: Pretrial Conference
The Adjudicator brings together both parties in a pre-trial conference to settle the case prior to a trial. If a settlement is not achieved, both parties must engage in a mandatory Examination for Discovery where the evidence and statements of both sides will be presented. After a period of not more than one week, this pre-trial conference will conclude and the trial will commence.

STEP SIX: Issuing a Public Summons
No person or agency may be lawfully summoned into Common Law Court without first receiving a complete set of charges being brought against them and a formal Notice to Appear, or Writ of Public Summons. Such a Summons outlines the exact time, date and address when and where the trial will commence.
The Public Summons is applied for by the Plaintiff through the Court Registrar. The Summons will be issued under the signature of the Court Adjudicator and delivered to the Defendant by the Court Sheriff within 24 hours of its filing in the Court Registry by the Plaintiff. The Sheriff must personally serve the Defendant, or post the Summons in a public place and record the posting if the Defendant avoids service. The Defendant has seven days to appear in Court from the date of service.

STEP SEVEN: The Trial Commences; Opening Arguments
After an introduction by the Adjudicator, the trial commences with opening arguments by first the Plaintiff or Prosecutor, and then the Defendant. The Adjudicator and both Counsellors will then have the chance to question either parties for clarification, and to make motions to the Court if it is apparent that the proceedings can be expedited.

Note: Step Seven can still occur even if one side, usually the Defendant, is not present in Court and refuses to participate. Such a trial, being conducted in-absentia, remains a legitimate legal procedure once the Defendant is given every opportunity to appear and respond to the charges and evidence against him. An in-absentia trial will commence with the Plaintiff presenting his opening argument followed by his central case.

It is often the case that a non-response or non-appearance by the Defendant can result in the Adjudicator advising the Jury to declare a verdict in favour of the Plaintiff, on the grounds that the Defendant has tacitly agreed with the case against himself by not disputing the evidence or charges, and making no attempt to appear and defend his own good name in public.

STEP EIGHT: The Main Proceedings
Assuming the proceedings are not being conducted in-absentia and the Defendant is present, the main proceedings of the trial then commence with the Plaintiff’s presentation of the details of his evidence and argument against the Defendant, who can then respond. The Plaintiff may be assisted by the Prosecutor.
After his presentation, the Plaintiff is then cross-examined by the Defendant . Following cross-examination, the Defendant presents his case, and in turn is cross-examined by the Plaintiff or the Prosecutor. There are usually no restrictions placed on the duration of the main proceedings.

STEP NINE: Closing Arguments and Summaries to the Jury and Final Advice by the Adjudicator
After the main proceedings, the Adjudicator has the chance to further question both parties in order to give final advice to the Jury. The Plaintiff and the Defendant then have the right to give their summary argument to the Court. The Adjudicator closes with any final comments to the Jury.

STEP TEN: The Jury Retires to Deliberate
The Court is held in recess while the twelve jury members chosen from the community retire to come to a unanimous verdict and a sentence, based on their appraisal of all the evidence. There is no time restriction on their deliberations, and during that time, they are not allowed contact with anyone save the Court Bailiff, who is their guard. The Jury’s verdict and sentence must be consensual and unanimous.

STEP ELEVEN: The Jury Issues its Unanimous Verdict and Sentence
The Court is reconvened after the Jury has come to a verdict. If the jurors are not in complete unanimity concerning the verdict, the defendant is automatically declared to be innocent. The Jury spokesman, chosen from among them by a vote, announces the verdict to the Court, and based on that verdict, the final sentence is also declared by the Jury, or jointly with the Adjudicator.

STEP TWELVE: The Court Adjourns and the Sentence is Enforced
Following the announcement of the Verdict and Sentence, the Adjudicator either frees the Defendant or affirms and authorizes the decision of the Jury in the name of the Court, and instructs the Sheriff to enforce that sentence. The Adjudicator dismisses the Jury and concludes the trial proceedings. The complete record of the proceedings is a public document, accessible to anyone, and it can in no way be withheld, altered or compromised by the Adjudicator or any other party. 

What happens when you submit a claim against someone?

Claim Procedure for Court Members

1. Registrar accepts claim & Records claim in the court record
2. Registrar issues and publishes a Claim of Right, media advertising, public notice
3. Registrar notifies Adjudicator, Claimant and Defendant with an invitation to a mediation meeting
4. Adjudicator, Claimant and Defendant agree on a time for the mediation meeting
5. Mediation takes place
6. If mediation is not successful, Registrar sets a date for a trial, and issues notices to the claimant, defendant, court officials and the Assembly
7. The Registrar ensures copies of all the case documents are prepared and have all been entered into the record before the trial starts
8. The Assembly meets on the day set for the trial to choose a Jury, and if any other court officials are required the assembly can vote them in at the same time as well
9. The Bailiff assembles the court to take their places and swears in everybody involved in the case
10. The trial begins
11. The Claimant makes their case, presenting all their evidence
12. The Defendant rebuts, presenting all their evidence
    • When passing documents they must slide them face down to the Bailiff, who will then carefully hide them from public view to present them to the Jury, the Adjudicator, or others in the court who may need to see the documents
    • all evidence must be about what the person giving evidence has seen and done
    • witnesses can be called and sworn on Oath
    • the Claimant and Defendant can object to any evidence presented by the other side at any time, and give a lawful reason for the objection
    • The Adjudicator decides whether to admit the objection or not

Throughout the Trial, the Adjudicator ensures that the proper lawful procedures are followed, and clarifies any points of law. The Jury may ask questions at any time about the evidence being presented. Post Presentation of Evidence: Each party presents a final statement to the jury. The jury retires to a separate room to deliberate. They can only return to court with a decision  

• The jury may ask the Bailiff to provide evidence or ask further questions while deliberating
• Should the jury need more than one day to decide, the Adjudicator may decide whether a jury can return home for the night, or be sequestered in separate rooms in a hotel

When the jury has reached a decision, they return to court, and the Adjudicator asks the jury if they have reached a unanimous decision. If the jury foreman says yes,  the Bailiff hands the sealed decision to the Adjudicator. The adjudicator then asks the jury foreman to render the verdict. If the verdict is guilty the adjudicator thanks the jury and adjourns the court so that the adjudicator can research previous cases before recalling the jury who will set the punishment based on the recommendations of the adjudicator and claimant.

1.  Enforcement of the punishment/restitution verdict carried out by Sheriffs
2. Once all the court business has been finalized, the court is disbanded