Quote:
Originally Posted by RN7
This actually is a very interesting topic and I can see this happening in T2K as the rights of the Sovereign Citizen as termed under Common English Law which is the defacto law of the land in most of the former British Empire and the United States is legally the highest authority in the land.
All of our major laws are part of the Common Law, practically every other legal entity has been introduced by governments for commercial and revenue generating reasons and are acts and technicalities of fairly dubious legal authority. The entire judicial system in the Western English speaking world is I believe commercial law which is not legally binding under Common Law.
Police officers are officers of the peace, and legally have no right to question or arrest you if you have not broken the peace or broken a law. If you have not broken a law they have no right to ask for your name and address, and traffic and tax violations are not laws so the police have no real right to bother you over them. You also have no obligation to sign anything in a police station including a release document if you have broken no law.
There are also a lot of technicalities that you can legally challenge if you receive a summons or a fine by mail. Summonses have to be legally delivered to you in person, and all government mail is actually phrased incorrectly (deliberately) as it addresses you in your commercial strawman name in CAPS which is not your real name on your birth certificate. As you have never signed any document agreeing to the legality of a commercial summons or fine do not legally have to pay it or even attend court as you have broken no Common Law. That also applies to the draft or conscription into the armed forces.
Also a judge has no other name than a judge. Using your honour etc is court is optional. Also a judge is supposed to carry their oath with them at all times in court. Very few do and if you are in court for breaking an actual law and happen to ask the judge to see his oath and he or she cant produce it then the court is invalid and you are entitled to walk free and the judge knows it
Loads of potential T2k material for the legally unhappy to challenge authority.
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Having been a Deputy Sheriff for a good part of my life and trained a number of Officers that still are active I have some knowledge of what you are discussing. Your use of definitive terms makes it appear that there is no room for discussion or debate.
However, English Common law is not the law of the United States, it is the base from which our law is derived much as the English language has evolved so has jurisprudence.
Our system of Law has a number of similarities and a large number of differences from Magna Carta influenced Common law, first among them is the Constitution of the United States wherein each state is given the right to make and amend laws as is deemed proper and with-in common sense to those persons elected to represent the people and to enact and enforce those laws.
The so called system as is put forth by those attempting to circumvent those laws is a non-workable and undefined or a best poorly defined set of guidelines with which to enact law.
Over two hundred years of change and challenge has brought us to the place we are now, do I agree with all the laws of this land? No, But I will follow the tenants set forth and will seek to change those I disagree with, in a lawful manner. I will not, upon being contacted by an Officer, demand that Officer follow my personal definition of what is right.
As a tool for gaming I do however see several venues or plot lines that might be followed to generate sufficient conflict as to be playable. I saw enough of that conflict when I charged and arrested then prosecuted those that held some of those ideas.
Oh by the way I do not think it wise to give out such leagal advice as you have put forth in your post, you could be in error and just might lead someone into serious trouble.
Harry O