Power Politics News
Civil Action Or Special Proceeding?
There are a number of things that are happening in the lives of some individuals that cause them to be confronted by the executive power of the constitution, namely the police power.
What people are finding is that these “powers” of the executive are not following their own rules and regulations. What is the next step when one is confronted with these challenges that seem to require an action or response?
There are many directions that one may proceed, so lets start with the broadest angle we can perceive and work toward the best or most logical action that we can take.
First, we can either proceed under the legislative power (inferior courts) or the judicial power (one supreme court).
The legislative power, which is what the police are enforcing and proceeding by, through illusion, give certain remedies to the defendant such as demurrer, trial, appeal, mandamus, cert. etc.
The problem with these remedies is that they are a “copy” of some of the remedies that are available under the judicial power of the constitution. The remedies when attempted to be used in the legislative court are generally denied because the inferior court will not give a remedy that can only come from the judicial court.
So what I’m saying is that I believe we must proceed under the judicial power and not the legislative or executive process. This means that regardless of how true or correct we are in an argument, it will not be heard in the case that they are bringing against you.
From this perspective, it means that in order to obtain a remedy against the legislative and/or executive powers, we must file a separate civil action in a judicial court. If this is the answer, it would explain why everyone who moves in “their” court gets denied!
So, what needs to be filed in the judicial court that is going to stop them? In my opinion, an injunction along with a common law complaint is the “action” that needs to be filed.
One further comment that needs to be made is that the “complaints” filed by police or other agents are not “actions” as defined by the rules of court. They proceed by “special proceeding” every time. There is only one action at law and that is Civil.