Law of the Case
Attachment A ─ Law of the Case
1. The Law of the Case is decreed as follows:
2. Laws, whether organic or ordinary, are either written or unwritten. [California Code of Civil Procedure, Sec. 1895]
3. Unwritten law is the law not promulgated and recorded…but which is, nevertheless, observed and administered in the Courts… [California Code of Civil Procedure, Sec. 1899]
4. A written law is that which is promulgated in writing, and of which a record is in existence. [California Code of Civil Procedure, Sec. 1896]
5. The organic law is the Constitution of Government, and is altogether written. [California Code of Civil Procedure, Sec. 1897]
6. We, the People of the State of California, grateful to Almighty God for our freedom, in order to secure and perpetuate its blessings, do establish this Constitution. [Preamble, The]
7. The sovereignty of the state resides in the People… [California Government Code, Sec. 100]
8. The people of this State do not yield their sovereignty to the agencies which serve them. [Ralph M. Brown Act][California Government Code, Sec. 54950]
9. It is the public policy of this state that public agencies exist to aid in the conduct of the people’s business… The people of this state do not yield their sovereignty to the agencies which serve them. [Bagley-Keene Open Meeting Act][California Government Code, Sec. 11120]
10. …This declaration of rights may not be construed to impair or deny others retained by the people. [California Constitution, Article 1, Declaration of Rights, Sec. 24]
11. The state cannot diminish rights of the people. [Hertado v. California, 100 U.S. 516]
12. No officer can acquire jurisdiction by deciding that he has it. The officer, weather judicial or ministerial, decides at his own peril. [John Middleton v. F.F. Low, Governor of California, 30 Cal. 596 (1866), citing Prosser v. Secor, 5 Barb. (N.Y.) 607, 608]
13. Any judicial record may be impeached by evidence of a want of jurisdiction in the Court or judicial officer, of collusion between the parties, or of fraud in the party offering the record, in respect to the proceedings. [California Code of Civil Procedure, Sec. 1916]
14. However late this objection has been made, or may be made in any cause, in an inferior or appellate court of the United States, it must be considered and decided before any court can move one further step in the cause; as any movement is necessarily the exercise of jurisdiction. [31 U.S. 6 Pet. 709; 4 Russell 415; 28 U.S. 3 Pet. 203-207][Rhode Island v. Massachusetts, 37 U.S. 657, 718, 9 L.Ed. 1233]
15. Where rights secured by the Constitution are involved there can be no rule making or legislation which would abrogate them. [Miranda v. Arizona, 384 U.S. 436, 491]
16. The assertion of federal rights, when plainly and reasonably made, is not to be defeated under the name of local practice. [Davis v. Wechsler, 263 US 22, 24]
17. This Constitution…shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby… [Constitution for the United States of America, Article 6, sec. 2]
18. The State of California is an inseparable part of the United States of America and the United States Constitution is the supreme law of the land. [California Constitution, Article 3, Sec. 1]
19. Whereas, the people of California have presented a constitution…and which, on due examination, is found to be republican in its form of government… [Act [of Congress] for the Admission of California Into the Union, Volume 9, Statutes at Large, page 452]
20. Republican Government. One in which the powers of sovereignty are vested in the people and are exercised by the people, either directly, or through representatives chosen by the people, to whom those powers are specially delegated. [Black, Const. Law (3d Ed.) 309; In re Duncan, 139 U.S. 449, 11 S.Ct. 573, 35 L.Ed. 219; Minor v. Happersett, U.S. 21 Wall. 175, 22 L.Ed. 627][Black’s Law Dictionary, Fourth Ed., page 824]
21. —At the Revolution, the sovereignty devolved on the people, and they are truly the sovereigns of the country—but they are sovereigns without subjects(…)—and have none to govern but themselves— [Chisholm, Ex'tor., v. Georgia, 2 U.S. (2 Dall), 419, 472 1 L Ed 440, 455, 2 Dall, 471-472]
22. The people of this State, as the successors of its former sovereign, are entitled to all the rights which formerly belonged to the King by his prerogative. [Lansing v. Smith, 4 Wend. 9 (N.Y.) (1829), 21 Am.Dec. 89, 10 C Const.Law Sec. 298; 18 C Em.Dom. Sec. 3, 228; 37 C Nav.Wat. Sec. 219; Nuls. Sec. 167; 48 C Wharves Sec. 3, 7]
23. A consequence of this prerogative is the legal ubiquity of the king. His majesty in the eye of the law is always present in all his courts, though he cannot personally distribute justice. His judges are the mirror by which the king’s image is reflected. [Blackstone, Commentaries on the Laws of England, Book 1; Rights of Persons, Chap. 7; Sec. 379, page 47]
24. Sovereignty means that the decree of the sovereign makes law, and foreign courts cannot condemn the influences persuading the sovereign to make the decree. Rafael v. Verelst, 2 Wm.Bl. 983, 1055, distinguished. [American Banana Co. v. United Fruit Co., 213 U.S. 348; 29 S.Ct. 511; 53 L.Ed. 826]
25. Court. The person and suit of the sovereign; the place where the sovereign sojourns with his regal retinue, wherever that may be. [Black’s Law Dictionary, Fifth Ed., page 318]
26. While a judge is essential to a court, the judge of a court is not the court. A court is an incorporeal entity, distinct from the persons of the officers through whom its business is conducted. The existence of a court does not depend upon the vacancy or incumbency of the officers through which it is accustomed to act. …Upon the same theory, a court comes into existence immediately upon the taking effect of a constitutional provision;… [Distinction Between Court and Judge. — 7 Cal.Jur.2d. 578, §3]
27. Court. An agency of the sovereign created by it directly or indirectly under its authority, consisting of one or more officers, established and maintained for the purpose of hearing and determining issues of law and fact regarding legal rights and alleged violations thereof, and of applying the sanctions of the law, authorized to exercise its powers in the course of law at times and places previously determined by lawful authority. [Isbill v. Stovall, Tex.Civ.App., 92 S.W. 2d 1067, 1070][Black’s Law Dictionary, Fourth Ed., page 425]
28. The judicial power of this State is vested in the Supreme Court, courts of appeal, and superior courts, all of which are courts of record. [California Constitution, Article 6, Sec. 1]
29. 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, 28 U.S. (3 Pet.) 193, 202-203 (1830)][SCHNECKLOTH v. BUSTAMONTE, 412 U.S. 218, 255 (1973)]
30. Court of Record. To be a court of record a court must have four characteristics, and may have a fifth. They are:
A. Its acts and judicial proceedings are enrolled, or recorded, for a perpetual memory and testimony; [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][Black’s Law Dictionary, Fourth Ed., pages 425, 426]
B. Has power to fine or imprison for contempt; [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][Black’s Law Dictionary, Fourth Ed., pages 425, 426]
C. Generally possesses a seal; [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][Black’s Law Dictionary, Fourth Ed., pages 425, 426]
D. Proceeding according to the course of common law; [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][Black’s Law Dictionary, Fourth Ed., page 425-426]
E. A judicial tribunal having attributes and exercising functions independently of the person of the magistrate designated generally to hold it. [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][Black’s Law Dictionary, Fourth Ed., pages 425, 426]
31. The following persons are magistrates: (a) The judges of the Supreme Court. (b) The judges of the courts of appeal. (c) The judges of the superior courts. [California Penal Code, Sec. 808]
32. …our justices, sheriffs, mayors, and other ministers, which under us have the laws of our land to guide, shall allow the said charters pleaded before them in judgment in all their points, that is to wit, the Great Charter as the common law… [Confirmatio Cartarum 1297, Sources of Our Liberties edited by Richard L. Perry, American Bar Foundation]
33. Henceforth the writ which is called Praecipe shall not be served on any one for any holding so as to cause a free man to lose His court. [Magna Carta, Article 34, 1215]
34. An act of the court shall prejudice no man. [Jenkins' Eight Centuries of Reports, 118; Brooms Legal Maxims, Lond. ed. 115; 1 Strange's Reports, 126; 1 Smith's Leading Cases, 245-255; 12 English Common Bench Reports by Manning, Granger, & Scott, 415]
35. Petitioner as normally bearing burden of proving facts on which claim for relief is based, but if possibility that increased or additional charges violating due process supporting charge of prosecutorial vindictiveness is at issue, petitioner as only needing to demonstrate facts giving rise to presumption of vindictiveness at which time, even on habeas corpus, burden shifts to people to rebut presumption. [In re Bower (1985) 38 Cal.3d 865, 872, 215 Cal.Rptr 267, 700 P2d 1269]
36. If any claim, statement, fact, or portion in this action is held inapplicable or not valid, such decision does not affect the validity of any other portion of this action.
37. The present tense includes the past and future tenses; and the future tense the present tense, and the past tense the present tense.
38. The singular includes the plural and the plural the singular;
39. The masculine gender includes the feminine and neuter.
2. Laws, whether organic or ordinary, are either written or unwritten. [California Code of Civil Procedure, Sec. 1895]
3. Unwritten law is the law not promulgated and recorded…but which is, nevertheless, observed and administered in the Courts… [California Code of Civil Procedure, Sec. 1899]
4. A written law is that which is promulgated in writing, and of which a record is in existence. [California Code of Civil Procedure, Sec. 1896]
5. The organic law is the Constitution of Government, and is altogether written. [California Code of Civil Procedure, Sec. 1897]
6. We, the People of the State of California, grateful to Almighty God for our freedom, in order to secure and perpetuate its blessings, do establish this Constitution. [Preamble, The]
7. The sovereignty of the state resides in the People… [California Government Code, Sec. 100]
8. The people of this State do not yield their sovereignty to the agencies which serve them. [Ralph M. Brown Act][California Government Code, Sec. 54950]
9. It is the public policy of this state that public agencies exist to aid in the conduct of the people’s business… The people of this state do not yield their sovereignty to the agencies which serve them. [Bagley-Keene Open Meeting Act][California Government Code, Sec. 11120]
10. …This declaration of rights may not be construed to impair or deny others retained by the people. [California Constitution, Article 1, Declaration of Rights, Sec. 24]
11. The state cannot diminish rights of the people. [Hertado v. California, 100 U.S. 516]
12. No officer can acquire jurisdiction by deciding that he has it. The officer, weather judicial or ministerial, decides at his own peril. [John Middleton v. F.F. Low, Governor of California, 30 Cal. 596 (1866), citing Prosser v. Secor, 5 Barb. (N.Y.) 607, 608]
13. Any judicial record may be impeached by evidence of a want of jurisdiction in the Court or judicial officer, of collusion between the parties, or of fraud in the party offering the record, in respect to the proceedings. [California Code of Civil Procedure, Sec. 1916]
14. However late this objection has been made, or may be made in any cause, in an inferior or appellate court of the United States, it must be considered and decided before any court can move one further step in the cause; as any movement is necessarily the exercise of jurisdiction. [31 U.S. 6 Pet. 709; 4 Russell 415; 28 U.S. 3 Pet. 203-207][Rhode Island v. Massachusetts, 37 U.S. 657, 718, 9 L.Ed. 1233]
15. Where rights secured by the Constitution are involved there can be no rule making or legislation which would abrogate them. [Miranda v. Arizona, 384 U.S. 436, 491]
16. The assertion of federal rights, when plainly and reasonably made, is not to be defeated under the name of local practice. [Davis v. Wechsler, 263 US 22, 24]
17. This Constitution…shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby… [Constitution for the United States of America, Article 6, sec. 2]
18. The State of California is an inseparable part of the United States of America and the United States Constitution is the supreme law of the land. [California Constitution, Article 3, Sec. 1]
19. Whereas, the people of California have presented a constitution…and which, on due examination, is found to be republican in its form of government… [Act [of Congress] for the Admission of California Into the Union, Volume 9, Statutes at Large, page 452]
20. Republican Government. One in which the powers of sovereignty are vested in the people and are exercised by the people, either directly, or through representatives chosen by the people, to whom those powers are specially delegated. [Black, Const. Law (3d Ed.) 309; In re Duncan, 139 U.S. 449, 11 S.Ct. 573, 35 L.Ed. 219; Minor v. Happersett, U.S. 21 Wall. 175, 22 L.Ed. 627][Black’s Law Dictionary, Fourth Ed., page 824]
21. —At the Revolution, the sovereignty devolved on the people, and they are truly the sovereigns of the country—but they are sovereigns without subjects(…)—and have none to govern but themselves— [Chisholm, Ex'tor., v. Georgia, 2 U.S. (2 Dall), 419, 472 1 L Ed 440, 455, 2 Dall, 471-472]
22. The people of this State, as the successors of its former sovereign, are entitled to all the rights which formerly belonged to the King by his prerogative. [Lansing v. Smith, 4 Wend. 9 (N.Y.) (1829), 21 Am.Dec. 89, 10 C Const.Law Sec. 298; 18 C Em.Dom. Sec. 3, 228; 37 C Nav.Wat. Sec. 219; Nuls. Sec. 167; 48 C Wharves Sec. 3, 7]
23. A consequence of this prerogative is the legal ubiquity of the king. His majesty in the eye of the law is always present in all his courts, though he cannot personally distribute justice. His judges are the mirror by which the king’s image is reflected. [Blackstone, Commentaries on the Laws of England, Book 1; Rights of Persons, Chap. 7; Sec. 379, page 47]
24. Sovereignty means that the decree of the sovereign makes law, and foreign courts cannot condemn the influences persuading the sovereign to make the decree. Rafael v. Verelst, 2 Wm.Bl. 983, 1055, distinguished. [American Banana Co. v. United Fruit Co., 213 U.S. 348; 29 S.Ct. 511; 53 L.Ed. 826]
25. Court. The person and suit of the sovereign; the place where the sovereign sojourns with his regal retinue, wherever that may be. [Black’s Law Dictionary, Fifth Ed., page 318]
26. While a judge is essential to a court, the judge of a court is not the court. A court is an incorporeal entity, distinct from the persons of the officers through whom its business is conducted. The existence of a court does not depend upon the vacancy or incumbency of the officers through which it is accustomed to act. …Upon the same theory, a court comes into existence immediately upon the taking effect of a constitutional provision;… [Distinction Between Court and Judge. — 7 Cal.Jur.2d. 578, §3]
27. Court. An agency of the sovereign created by it directly or indirectly under its authority, consisting of one or more officers, established and maintained for the purpose of hearing and determining issues of law and fact regarding legal rights and alleged violations thereof, and of applying the sanctions of the law, authorized to exercise its powers in the course of law at times and places previously determined by lawful authority. [Isbill v. Stovall, Tex.Civ.App., 92 S.W. 2d 1067, 1070][Black’s Law Dictionary, Fourth Ed., page 425]
28. The judicial power of this State is vested in the Supreme Court, courts of appeal, and superior courts, all of which are courts of record. [California Constitution, Article 6, Sec. 1]
29. 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, 28 U.S. (3 Pet.) 193, 202-203 (1830)][SCHNECKLOTH v. BUSTAMONTE, 412 U.S. 218, 255 (1973)]
30. Court of Record. To be a court of record a court must have four characteristics, and may have a fifth. They are:
A. Its acts and judicial proceedings are enrolled, or recorded, for a perpetual memory and testimony; [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][Black’s Law Dictionary, Fourth Ed., pages 425, 426]
B. Has power to fine or imprison for contempt; [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][Black’s Law Dictionary, Fourth Ed., pages 425, 426]
C. Generally possesses a seal; [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][Black’s Law Dictionary, Fourth Ed., pages 425, 426]
D. Proceeding according to the course of common law; [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][Black’s Law Dictionary, Fourth Ed., page 425-426]
E. A judicial tribunal having attributes and exercising functions independently of the person of the magistrate designated generally to hold it. [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][Black’s Law Dictionary, Fourth Ed., pages 425, 426]
31. The following persons are magistrates: (a) The judges of the Supreme Court. (b) The judges of the courts of appeal. (c) The judges of the superior courts. [California Penal Code, Sec. 808]
32. …our justices, sheriffs, mayors, and other ministers, which under us have the laws of our land to guide, shall allow the said charters pleaded before them in judgment in all their points, that is to wit, the Great Charter as the common law… [Confirmatio Cartarum 1297, Sources of Our Liberties edited by Richard L. Perry, American Bar Foundation]
33. Henceforth the writ which is called Praecipe shall not be served on any one for any holding so as to cause a free man to lose His court. [Magna Carta, Article 34, 1215]
34. An act of the court shall prejudice no man. [Jenkins' Eight Centuries of Reports, 118; Brooms Legal Maxims, Lond. ed. 115; 1 Strange's Reports, 126; 1 Smith's Leading Cases, 245-255; 12 English Common Bench Reports by Manning, Granger, & Scott, 415]
35. Petitioner as normally bearing burden of proving facts on which claim for relief is based, but if possibility that increased or additional charges violating due process supporting charge of prosecutorial vindictiveness is at issue, petitioner as only needing to demonstrate facts giving rise to presumption of vindictiveness at which time, even on habeas corpus, burden shifts to people to rebut presumption. [In re Bower (1985) 38 Cal.3d 865, 872, 215 Cal.Rptr 267, 700 P2d 1269]
36. If any claim, statement, fact, or portion in this action is held inapplicable or not valid, such decision does not affect the validity of any other portion of this action.
37. The present tense includes the past and future tenses; and the future tense the present tense, and the past tense the present tense.
38. The singular includes the plural and the plural the singular;
39. The masculine gender includes the feminine and neuter.
The above and PDF is focused on California. All states have the same Laws.
They were required to be a Republican for of government to enter the Union.
ALL republics have People that created it and all republics have Citizens it created.