Court

The Two Main Types

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Fortunately in the UK and around the world, we have two types of courts, unfortunately the majority of them are just commercial businesses where you will find no justice if you attend. In the UK, these types of courts are called Magistrates courts and/or Local Courts. 

Inferior courts

Magistrates courts (and local courts) are actually inferior courts:
https://uk.practicallaw.thomsonreuters.com/w-005-5206?transitionType=Default&contextData=(sc.Default)&firstPage=true

"An inferior court (a Magistrates Court or Local Court) has limited jurisdiction over smaller, summary matters with a lower monetary threshold than the intermediate courts of each state ..."

In America article I courts are inferior courts, whereas article III courts are courts of record. 

Administrative Courts

Any court without a jury present are administrative courts. Not all Magistrates courts are necessarily administrative courts, but administrative law has not been sanctioned by Parliament and, Halsbury's Administrative Law 4th edition 2011 states that "there is no authority for administrative courts in this country (UK) and no Act could be passed to legitimise them.  Also, according to Lord Diplock, as recorded in Halsbury's, "all administrative courts are illegal and can never be legislated into existence." And Lord Denning confirms that "no court can be set up in England, no court can exist in England, except by the authority of the Queen and Parliament. That has been so ever since the Bill of Rights." 

Courts of Record

Courts of record are supreme courts, such as the High Court. Here we have a response to a freedom of information request explaining about Magistrates courts being not courts of record, a court of record is a common law term meaning a court where actual justice is served under the common law (not to be confused with common case law).
In most 'not of record' proceedings, parties may appear personally and will not be represented by lawyers. Some of these cases include, where people have not paid their council tax, TV licences or are involved in minor motoring offences. In these cases, oral proceedings are not always recorded and the judge/magistrate will make their decision based on notes."

https://www.whatdotheyknow.com/request/are_magistrates_courts_courts_of#outgoing-601403:

"Magistrates' courts are 'not courts of records', although there is a duty to make notes in certain proceedings, as outlined in the Criminal Procedure Rules, Forms & Records, Part 5.4.

By the mere act of you turning up you have handed over authority to the magistrate, which is actually a name given to a Roman officer if we go back to the days of Rome, which still rules today anyway (see the video on my home page entitled 'Roman Empire Rules Today') to do whatever the hell he likes, and since these courts are basically just a for profit commercial enterprise, that usually means charging you money. You can plead (which means to beg) with the magistrates until the cows come home, but they don't care, all they will most likely do is slap a fine on you, usually for around £550, whether you attend this type of kangaroo, Mickey Mouse court or not. And then the debt will be sold on to debt collectors, both having no authority of law and the act of selling your debt on means they have paid the debt for you anyway. But that won't stop them Knocking on your door trying to intimidate you. See my other page "dealing-with-bailiffs" for more info about this. 

The common law is unwritten, but if we look at some law we have in England you'll see some of the main principles of the common law. (In America it is written into the Constitution about courts of record). 

1. The Magna Carta clause 38 states that "no man shall stand convicted upon his own unsupported statement..." or to say the same thing in simpler terms: no witness, no case. 

2. The Habeas Corpus Act 1679 says "no man shall be imprisoned unlawfully". 
3. The Bill of Rights 1689 states that "all grants and promises of fines and forfeitures of particular persons before conviction are illegal and void." 

So if they fine you before you've been invited to court, that fine is illegal and void. 
The only time you have committed a crime is if there is an injured party, someone you have caused harm or damage to, caused a loss to, committed fraud, or breached the peace [supposedly]. Anything else is not a crime, so there is no need for court intervention, unless two or more parties can't come to agreement and need a court to settle matters for them. 

So how do they get away with it?

It's quite simple, do you remember I said on a previous page that Theresa May was quoted as saying we govern by consent in this country? If not, you should go back and watch the video of her saying that on national TV. But the point is that by turning up to a magistrates court, you're consenting to whatever they say and the only thing that matters is if you have committed a crime as I just previously mentioned.

Also, as contracts are defined by actions, you can have the most elaborate contract drawn up and signed by both parties all above board and everything, but one of the parties of the contract can change that contract by acting in a way contrary to what is written. In other words your conduct is the contract. There was a case where a tenant signed a tenancy agreement to pay a certain amount, but had been paying less for months, it went to court and the judge simply asked the landlord if they had been cashing the cheques to which they replied in the affirmative, so because of this the judge ruled in the favour of the tenant. This shows that the contract was changed by the interactions of the two parties.

So the only reason they get away with this tyranny (lawlessness) is because you fear what will happen if you don't pay, or turn up to court etc and/or because you just don't know enough about how the legal system works. 

If you've read this far and want to learn more, head over to the contacts page, to send me an email for a free info pack. Otherwise, let's continue this journey by heading over to page 4c: 


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