VICTORY Appellate Court overturns the Inferior lower courts ruling! I told you that youll only get justice on appeal!! The State Trial Courts deal with the facts. The Appellate Court deals with issues of LAW!! Courts of Record Blacks Law Dictionary, 4th Ed., 425, 426 COMMON LAW ACTIONS are such as will lie, on the particular facts, at common law, without the aid of a statute. - Blacks Law Dictionary 5th Edition COURT OF RECORD = Appellate Court A court of record is a judicial tribunal having attributes and exercising functions independently of the person of the magistrate designated generally to hold it, and proceeding according to the course of common law, its acts and proceedings being enrolled for a perpetual memorial. Jones v. Jones, 188 Mo.App. 220, 175 S.W. 227, 229; Ex parte Gladhill, 8 Metc. Mass., 171, per Shaw, C.J. See, also, Ledwith v. Rosalsky, 244 N.Y. 406, 155 N.E. 688, 689. CLASSIFICATION Courts may be classified and divided according to several methods, the following being the more usual: COURTS OF RECORD and COURTS NOT OF RECORD. The former being those whose acts and judicial proceedings are enrolled, or recorded, for a perpetual memory and testimony, and which have power to fine or imprison for contempt. Error lies to their judgments, and they generally possess a seal. COURTS NOT OF RECORD = STATE COURTS Courts not of record are those of inferior dignity, which have no power to fine or imprison, and in which the proceedings are not enrolled or recorded. 3 Bl. Comm. 24; 3 Steph. Comm. 383; The Thomas Fletcher, C.C.Ga., 24 F. 481; Ex parte Thistleton, 52 Cal 225; Erwin v. U.S., D.C.Ga., 37 F. 488, 2 L.R.A. 229; Heininger v. Davis, 96 Ohio St. 205, 117 N.E. 229, 231. STATE COURTS = INFERIOR COURTS “Inferior courts” are those whose jurisdiction is limited and special and whose proceedings are not according to the course of the common law.” Ex Parte Kearny, 55 Cal. 212; Smith v. Andrews, 6 Cal. 652 “The only inherent difference ordinarily recognized between superior and inferior courts is that there is a presumption in favor of the validity of the judgments of the former, none in favor of those of the latter, and that a superior court may be shown not to have had power to render a particular judgment by reference to its record. Ex parte Kearny, 55 Cal. 212. Note, however, that in California ‘superior court’ is the name of a particular court. But when a court acts by virtue of a special statute conferring jurisdiction in a certain class of cases, it is a court of inferior or limited jurisdiction for the time being, no matter what its ordinary status may be. Heydenfeldt v. Superior Court, 117 Cal. 348, 49 Pac. 210; Cohen v. Barrett, 5 Cal. 195” 7 Cal. Jur. 579 “The judgment of a court of record whose jurisdiction is final, is as conclusive on all the world as the judgment of this court would be. It is as conclusive on this court as it is on other courts. It puts an end to inquiry concerning the fact, by deciding it. Ex parte Watkins, 3 Pet., at 202-203. [cited by SCHNECKLOTH v. BUSTAMONTE, 412 U.S. 218, 255 (1973)] -------------------------------------------------------------------------------- CONCLUSION Courts of Record must proceed according to the course of the common law, without the aid of a statute. Courts which proceed according to statutory jurisdiction are inferior courts, and may be sued directly, without appealing. Courts designated as courts of record may act as statutory courts unless the parties to a case object. The judge has no discretion in a court of record, and can only do ministerial functions, such as signing your orders. No judgment of a court of record can be appealed. There is no higher court. The type of relief demanded by the plaintiff determines if the court will operate as a court of record or not, on a case by case basis. There is no such thing as a common law court. All courts of record can hear actions at (common) law. --------------------------------------------------------------------------------
Posted on: Thu, 07 Nov 2013 07:03:22 +0000