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Common law courts gave jury trials to those accused, and guaranteed the right to confront an accuser, while the courts of equity had no juries and took evidence in secret. Despite relying on judge-made precedents, the common-law courts became associated with Parliament against the King, while the equity courts (especially the notorious Star Chamber) dispensed royal justice (an appeal to equity was an appeal to the conscience of the king). Common-law juries refused to convict those they considered unjustly accused (especially for political reasons), regardless of the law (now called "jury nullification"). Common law judges began to enforce both judge made customary law and the statutes of Parliament.

 

Lawyers in the equity system in England were known as "civilians," and historically had been trained in canon law. 

Canon law was the law of the Catholic Church, and derived from Roman civil law. With the break from Rome by Henry the VIII, the equitable system moved from an appeal to King and Pope to an appeal only to the King but the sense of connection to Rome continued for many, and likely contributed to generally Protestant America's suspicions of English equity.

Despite this suspicion, courts of equity were adopted into the American system in various ways.

Some states kept distinct courts, others merged them, but all kept the remedies (typically, injections) afforded by the system as a necessary complement to the common-law remedies (typically, monetary awards only for non-criminal trials – though the common-law system gave us habeus corpus as a remedy against abuses of equity's jailing of people for refusing to obey injunctions).

In effect, in both England and America, there has been an uneasy back-and-forth between courts of law and court of equity. Even when these have been merged into one body, there has been a continuing balancing and negotiation between common law's methods and equity's methods.

 

  • Civil law gave us the appeal to equity.
  • Equity gave us straightforward complaints written in the vernacular.
  • Equity gave us discovery.
  • Common law gave us habeas corpus and the jury.
  • Common law gave us the adversarial battle between attorneys.

Corporations deal in commerce [business].

A trademark [or service-mark] is a distinctive "mark" that identifies the origin of the [service, or product produced by the corporation. So, we've got two "commercial" entities in court.

 

COMMERCIAL LAW

MARITIME LAW

ROMAN CATHOLIC CANON LAW

There is a tie-in between commercial law, maritime law, and Roman Catholic canon law.

In the United States, for a federal law to be enforced, there have to be regulations printed in the "Code of Federal Regulations" implementing the federal law.

But charitable corporation law is not found there. It's found in 46 code of regulations, part 502. And what is that?

 

That's the Federal Maritime commission's rules of practice and procedure. In other words a 501(c)(3) corporation is not even regulated by normal corporate law. It's regulated by the law of the sea, which sets up the rules for searches, seizures, confiscation of goods, and absolute authority of the captain.

When a 501 (c)(3) corporation is in court, guess who holds the place of the captain of the ship? The judge. This makes the court a maritime court! In other words a 501(c)(3) corporation is judged by the law of the sea! Its roots go back to Roman Catholic canon law.

 

In law, when you have a generic term like "Church" which is Capitalized, it refers to a "CORPORATION".

If that word "church" is not capitalized, it DOES NOT refer to a corporation.

In a letter from Pope John Paul II concerning the jubilee year, every time the word "Church" is found, it is capitalized. Why? Because the Catholic Church is a "CORPORATION SOLE ".

 

Constitutional law is the law of the land, NOT the law of the sea.
In Maritime court, Constitutional law has no merit or effect on the outcome.