COMMON LAW
Common Law Basics
Common Law Essential Elements
1. Moral anchor in divine & natural law. There is an objective moral order and is not morally neutral.2. Actual injury requirement. A valid cause of action requires an identifiable injured party due to trespass, breach, fraud, harm, or measurable loss.
3. Standing. Only the injured party or lawfull representative may bring the claim.
4. Remedy. The goal of Common Law is restoration not punishment, through compensation, restitution. or making the injured party whole.
5. Due Process. Orderly procedure ensures fairness, notice, and opportunity to respond.
6. Jury of Peers. A body of members from the community, who evaluate facts and law.
7. Separation of Authority. Those who make rules (legislatures), interpret rules (courts) and enforce rules (sheriffs) must not be the same authority.
8. Known Law with stability & predictability. Law must be knowable in advance and consistently applied.
9. Local Accountability. Common law operates within local communities in public.
10. Public Record & Transparency. Proceedings and judgements are documented and accessible.
11. Limited Jurisdiction. Courts must establish proper jurisdiction before proceeding.. It cannot simply be presumed.
12. Consent & Covenant. Governmental authority flows from the people through delegated authority that does not diminish inherent rights.