7/29/2019 Common Law Default

1/2

Professor Ticket Slayer explains the common lawdefault!

A brief introduction to the common law and the common law default

Unlike statute law (law enacted by acts of legislature,) the common law is simple or

uncomplicated. However, the common law's simplicity and uncomplicated form does notrender it weak or anemic, in fact the exact opposite is true. The common law is very powerful

because it is simple to understand and to apply, and because the common law under oursystem of law is held to be superior to all other forms of man's law. The Constitution itself is

a common document and the U.S. Supreme Court, the highest court in the land, is a common

law court.

The common law spawn into existence long before their was written law and a formalizedcourt system. No earthly ruler handed the law down to people, or imposed laws upon them

from on high. The people decided for themselves what was to be the law.

Ages ago people who found themselves in a lawful dispute over a matter would often agreeto allow an unbiased person to settle the dispute. Ordinarily this person would be a mutuallyrespected village elder, community leader, or spiritual leader. The arbitrator of the dispute

would generally base their decision upon the religious and moral teachings of the age and

their own common sense.

As a rule, the decisions of these judicial arbitrators were very much uniform where the same

basic set of circumstances existed. This was due of course to the judicial arbitrators having

applied the same set of religious and moral teachings to their decision making process. After

countless times of a particular matter of dispute having been decided in the same way bycountless judicial arbitrators, people came to commonly accept those decisions as being law.

People would often say in regard to commonly accepted judicial decisions, "that's thelaw!"

The common law is truly the law of the people due to the simple fact, that the peoplethemselves agreed in common upon what the law was to be.

7/29/2019 Common Law Default

2/2

How the Common Law

Default Works on

Traffic Tickets

A formally constructed legal method known as the "legal default" developed after a timeunder the common law, as a method to defend against legal claims. The common law default

holds, that any person making a legal claim against another person must uphold their legal

claim by timely rebutting the counterclaims of the defendant, or they enter into legal defaultand then lose all legal right to their claim.

In a traffic case the people of the state or the "People" make a legal claim against a person for

allegedly violating a traffic law. Under the common law default method, the accused person

has a legal right to challenge the People's claim outside of court using the common lawdefault. The accused person simply serves the representative of the People with a sworn

affidavit. This affidavit contains a number of legal claims that disprove the People's claim[s]

against the accused and sets forth a lawful time limit by which the People must rebut the

accused signed sworn affidavit, or the People default in their claim.

Because the legal claims stated within the accused's sworn affidavit are solidly predicatedupon truthful facts based in law, the People will fail to legally rebut the accused's claim[s]

and the People's claim[s] against the accused are legally extinguished under the common lawby legal default. (The People have failed to even respond 99.9999 percent of the time to the

legally factual statements contained within our affidavit.) The common law default is the

'legal' equivalent of a one hundred megaton nuclear bomb!

A traffic court judge is legally bound by the law, by his or her ministerial duty, and by his orher Constitutional Oath of Office to dismiss a traffic case when a legal default by the People

occurs under the common law.