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How do you invoke the common law in place of statute

Discussion in 'Constitutional Law & Civil Rights' started by Hawk, Dec 30, 2020.

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  1. Hawk

    Hawk Law Topic Starter New Member

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    DISTRICT 17 ILLINOIS.
    In qualifying for several tax exemptions and being denied and threatened. I want to invoke the common law tribunal as promised in 5 ILCS 50. If the the common law is in full force and effect as the statute says. How do you invoke the use verses using statutory color of law?
     
  2. adjusterjack

    adjusterjack Super Moderator

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    What taxes? What exemptions?

    Denied and threatened by who?
    Denied and threatened how?

    2019 Illinois Compiled Statutes :: Chapter 5 - GENERAL PROVISIONS :: 5 ILCS 50/ - Common Law Act.

    Did you see the part about "until repealed by legislative authority"?

    Your tax laws supersede the Common Law Act. It won't help you.

    You file a lawsuit against the taxing authority and prove that you are entitled to the exemptions by citing prior appellate decisions that upheld the exemptions under the same circumstances.

    If you invoke the Common Law Act, you'll be laughed out of court.
     
    Zigner and justblue like this.
  3. zddoodah

    zddoodah Well-Known Member

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    Huh? There is no reference in 5 ILCS 50 to any "tribunal." The only meaning of 5 ILCS 50/1 is that, unless there is an applicable statute, most (but not all) of the common law of England as of "the fourth year of James the First" (whenever that was), is "the rule of decision" in Illinois.

    Again, huh? What does "invoke the use verses" mean?

    There are a couple of parts of 5 ILCS 50/1 that you appear to be ignoring. First, that statute applies only to the common law that is "of a general nature." Second, any such common law "shall be the rule of decision . . . until repealed by legislative authority."

    It might be useful if you explained the situation that led you to make this inquiry.

    Also, I suspect that early 17th Century English tax law was statutory and not particularly favorable to the common folk.
     
  4. Tax Counsel

    Tax Counsel Well-Known Member

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    That statute does not create a common law tribunal. Rather, what it says is that the courts are to use the common law of England as it was in 1607 (the 4th year of the reign of James the First) for the basis of their decision in any case where the common law is of a general nature and where that common law has not been replaced by statute. Your problem here is that (1) even in 1607 in England tax law was not by common law but by statute and (2) current Illinois tax statutes now apply within the state, not the English tax law of 1607. The Ohio Constitution sets out the taxes that the state may impose, and the the Ohio Constitution is supreme over any statute of the state, including the Common Law Act.

    In short, invoking the Common Law Act (5 ILCS 50) will not do you any good as it simply does not apply in a case where you are challenging the denial of tax exemptions. Whether you qualify for the exemption or not is determined by the statute creating the exemption and the case law interpreting that statute. That's what you need to focus on.
     
  5. Hawk

    Hawk Law Topic Starter New Member

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    Thank you. I appreciate not be admonished as a fool or ignorant of the law. I am neither, I was asking as I have heard from a plethera of liers and trespassers. Most about "The Common Law" I wanted to clear the deck of all scuttlebutt and put those fraudsters to rest. Your kindness to take the time is appreciated... I am learning this by trial and error with the county and the department of Revenue. Now I have decided to file in Federal Court. I picked up the paperwork from the clerk a few dats ago. Im sure Ill be asking other questions. Im sick of this lack of due process, and the fraudulent way they manipulate statute and create fraudulent statements to intimidate. I especially dont like the fact the "States Attorney assistant" told me that the county administration rules over ride my constitutional rights and supercedes statutory law. I have heard so many lies its plain as the nose on your face, they will not relent in persuit of monies not mayter who they hurt. Thats criminal.
     
  6. PayrollHRGuy

    PayrollHRGuy Well-Known Member

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    What "Constitutional" right would that be?
     
  7. adjusterjack

    adjusterjack Super Moderator

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    Before you go off half cocked tilting at windmills for something that'll cost you a lot of money that you may have slim chance of winning, please answer the following:

    What taxes?
    What exemptions did you seek?
    With what results? Be specific and avoid the rant about rights and stuff. If you received a written decision quote it word for word.
     

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