So What is the Law of the Land?

THE LAW OF THE LAND
(See § 22 of California Civil Procedure):

1. The highest law of the land is the U.S. Constitution;
2. Underlying the U.S. Constitution are the State Constitutions;
3. Underlying the Constitutions is English Common Law.

   Higher law overrules lower law.  Lower laws may not infringe or contradict or be in conflict with higher laws. Laws must be ratified by "We the People".

NOTE: Most of the "Code" is not law unless it conforms to the law as defined above. see Understanding Law in the U.S. and opposite:

Separation of Powers & Branches of Government

Legislative Branch: make law
Executive Branch: enforce law
Judicial Branch: administer courts
Militia: enforce law

Federal Court System

U.S. Supreme Court:   Highest appellate court; Limited right to appeal  & must be granted by the court
U.S. Court of Appeals: Intermediate appellate court; Divided into 13 courts; Automatic right to appeal
U.S. District Court: Trial court; Divided into 94 regional districts
 

Understanding Law in the U.S....

• Innocent until proven guilty.
• Proof beyond a reasonable doubt.
• 3 mandatory elements of every criminal charge: MENS REA - willful intent, ACTUS REA - act or crime, CORPUS DELICTI - body of the crime, the actual damage.
• He who incurs the benefit incurs the cost.
• Justice delayed is justice denied.
  (These maxims at law are listed in documents such as the MAGNA CHARTA.  This one is Art.40, June 15, 1215

The Code, such as the Vehicle Code, the Penal Code and Family Code is not Law, it is code.  Like a "code of ethics".  The code which is spewed out in huge volumes is the work of individuals appointed to committees.  Much of the code is anti-law and is in direct and treasonous conflict with the laws of the land.

A classic example is the "infraction scam" our police and Courts are pulling.  There is no construct for a victim less / damage less crime under the law - that's why they make you sign the ticket - to contract you into agreeing to appear in 'their Court' under 'their Code'.  see Understanding Law in the U.S.

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It is critical to understand that under the law the government cannot punish someone unless they have been proven guilty beyond any reasonable doubt.  This core foundational legal principle at law in the U.S. must be adamantly protected.  Only the most outrageous tyrannical regimes practice 'guilty until proven innocent'.

The law regarding arresting someone in the U.S. is absolute and strict.  U.S. Const. Amendment V:

"No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury"

You may only be arrested if a Grand Jury properly issues a arrest warrant. And due process must be followed, in other words, you may only be arrested if you are charged with sufficient probable cause to be found guilty of a serious capital offence - i.e. there must be significant evidence proving that you for example murdered someone.  U.S. Const Amendment IV

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized

In regard to most arrests and imprisonment before trial, Courts and Cops are completely and utterly ignoring and violently violating the law throughout the U.S.  The question remaining is what sentence should be imposed on Judges and police officers who violently break the law.

Plea Bargains - What the Law Says:
Cal Jur 3d – P97 - § 2297:  “Certain agreements between a public prosecutor and a perspective defendant are in flagrant violation of the interests of justice and therefore highly improper.  Thus, it is improper for a prosecutor to promise an accused, in return for a confession of guilt regarding a particular crime, immunity from prosecution for other crimes that he may have committed.  So, too, a prosecutor’s promise of immunity in return for a promise to render testimony tending to result in the conviction of an accomplice is improper.”

Religion State & School

There is a misconception by some who are trying to ignore the fact that the U.S. was built by Christians as a Christian nation.  See "Original Intent" by Barton who lays out irrefutable evidence proving this fact. 

Realize also that there is absolutely no term or construct within the Constitutions claiming a separation of Church and State.  Freedom of religious beliefs does not imply that religion may not be taught or practiced in school or in the government.  To the contrary, freedom of religion implies that religion may be taught in schools and recognized by government.  Congress has for centuries opened with prayer.

under development - Undergoing Major Overhaul

Types of Law

Private Law: Deals with interactions between individuals as private citizens.
- Such as: Torts & contracts.

Public Law: Issues and interests of community - we the people.
- Such as: Criminal law, Constitutional law.

Civil Law: Provides legal remedy for wrongs committed.

Criminal Law: Provide legal penalty for actions or omissions that seriously violate legal duties

Contracts: A contract is an agreement between two or more parties involving the exchange of assets or services.  When a party violates the contract it is called a 'breach of contract'.

Torts: Breaches of legal duty resulting in injury worthy of compensation
Three major tort categories: Intentional torts, negligence, and strict liability

Intentional Torts: Trespass, defamation (libel/slander), assault and battery, and false imprisonment.

Negligence: Actions causing damage that violate expected or 'due care' a normal person would be expected to follow.

Criminal Liability: Person intended to injure.
Objective Liability: Responsible if a reasonable person would have been aware that the actions would injure.
Strict Liability:  No excuse for actions (No damage 'mens rea' or intent 'mens rea' requirement).

Case Law Is Not Law

Common-Law was specifically adapted in the U.S. to eliminate the construct of a 'Code based' legal system (such as the Napoleonic Code).  Precedence under Common Law is now employed by the judiciary and lawyers to imply a “so-called case-law” construct where the judiciary makes the law by whatever they rule in a case.  The whim, will or caprice of a judge however, does not make new law.

The Judiciary is not the legislature and is strictly forbidden from making law.

Common-Law, by it’s very name and core construct, implies the law of the common man.  That is a law that is written on the hearts of the people.

Separation of Church and State is not a part of the Constitution, but a wise construct.  Wise would however be the separation of school and State.

Proposed Amendment to the U.S. Constitution:

No legislature may enact any new legislation unless they represent a majority of the citizens and not just a majority of those who turn out to vote.

In regard to the ratification of law, there is question as to whether a representative who is voted in by a mere 10% or so of the population, actually represents "We the People".  We believe that such a representative does not represent "We the People" and has no right to make new law or take the country to war.