TUESDAY LESSONS IN CIVICS-#8

“Just Hitting

Another Brick

Wall”

First, I’d like to apologize to Paula as I used a bad link to her blog site; “Birds Eye View”. This one should work.

LESSONS IN CIVICS & THE CONSTITUTION – H

Judiciary Act – (1789)

Congress passed the Judiciary Act on September 24, 1789. Section 9 of the Act dealt with equity, admiralty and maritime jurisdictions of our courts. Congress stated: “the forms and modes of proceeding in causes of equity and of admiralty and maritime jurisdiction shall be according to the course of Civil Law.”

Section 34 exclusively dealt with the Common Law jurisdiction of the Federal courts wherein Congress stated: “That the laws of the several States, except where the Constitution, treaties or statutes of the United States shall otherwise require or provide, shall be regarded as rules of decision in trials at Common Law in the Courts of the United States in cases where they apply.”

In 1792, by congressional action, the form and modes of proceeding in such cases ere directed to be “according to the principles, rules and usage, which belong to courts of equity and to courts of Admiralty respectively, as contradistinguished from courts of Common Law.”

Here you can see that in 1792, Congress recognized three separate and distinct jurisdictions of the federal courts; Equity, Admiralty and Common Law. By “jurisdiction” we mean lawful authority to act on the subject matter involved in a controversy, a particular thing within that subject matter, and authority to act against a particular person associated with the subject matter.

If an action at Common Law is properly brought into a Common Law court, the court is bound by the principles, rules and procedures of Common Law. If the action is brought properly before an Equity or Admiralty court, the court is bound by the principles, rules and procedures of the Civil Law dealing with the subject matter.

Equity has no cognizance over criminal matters and, therefore, in criminal cases there are only two jurisdictions - - every criminal case must be prosecuted either in the jurisdiction of Common Law, or that of the Law of Admiralty. In criminal cases, Common Law courts are bound by the principles, rules and procedures of the Common Law. In Admiralty cases, the court is bound by the principles, rules and procedures of Admiralty and Maritime Law.

Subsequently, State courts have concurrent jurisdiction in both Common Law and Maritime Law concerning certain types of cases and subject matter. If the subject matter or nature of the cause is Maritime, then, even though it is heard in a Common Law court, that court is bound to apply Maritime Law to the case. Also, no Admiralty court in the land has any jurisdiction to hear Common Law issues.

The following are some of the differences between the principles, rules and procedures of Common Law and Civil Law:

Common Law

* Right to Trial by Jury

* 12 Judges – the jury

* 12 Judges:

Control the trial

Judge Justice of Law

Determine admissibility of evidence

Applies law to facts

Renders verdict according to conscience, with reference to the negative Golden Rule

Civil Law

* No right to trial by jury

* One Judge (Chancellor)

* One Chancellor controls the trial:

Jury is advisor to the Chancellor

Chancellor determines admissibility of evidence

Jury must accept the law as given by the Chancellor

Jury renders verdict according to law dictated and evidence presented

Next week, July 17^th, I will conclude the Judiciary Act and Introduce the George Rapp Society.

“Abouna” Gregori