the rum soaked fist: internal martial arts forum

http://www.regent.edu/admin/media/schlaw/LawPreview/

interesting stuff about our "rights"

well, to be fair, this is only relevant if you're a US citizen.

Darth Rock&Roll wrote:well, to be fair, this is only relevant if you're a US citizen.

is it not similar in the uk or other parts of europe?

no. not even close.

Canada is a sovereign nation that is part of the British Commonwealth and our head of State is the Queen.

UK is more similar.

We are democracies of a sort, but in reality we are actually Oligarchies with a lot of personal freedoms afforded to the people.

We do not use the model of the USA constitution in our Law. We use the British rule of Law model.
there are surprisingly vast differences and there is nothing like a 5th amendment in our Rule of Law.

If you do not testify under oath you will be charged with contempt of Court. You are essentially bound bear witness against yourself if the crown demands it and if you don't it's off to the hoosegow for you!

as an aside, our civil law has some similarity, but common law is not.

so social contract stuff such as ten commandment type stuff and rules of the road yes, but on more intricate levels, very different in application.

Darth Rock&Roll wrote:as an aside, our civil law has some similarity, but common law is not.

so social contract stuff such as ten commandment type stuff and rules of the road yes, but on more intricate levels, very different in application.

Let's not forget that the American legal system was derived from the British model, with case`law precedent and many other similarities. The American and British systems have more in common than the rest of Europe, which if I understand correctly is based on the Napoleonic Code model and is quite different.

well that may be so Walter, but if it is modeled on British rule of law, it wouldn't be "current" British rule of law.

none of us are democracies, we are mostly republics. ruled in the background by the oligarchs.
only in certain minor cases are we democracies, like for law referendums in california.

Darth Rock&Roll wrote:well that may be so Walter, but if it is modeled on British rule of law, it wouldn't be "current" British rule of law.

OK, I'll bite, how do you define the "rule of law"?

Generally speaking the phrase refers to a society in which the law takes precedent over individuals, in essence the notion that no one is above the law and that decisions made by the government must adhere to the rule of law.

And I thought we were talking about the structure of the legal system, not the individual laws. It is commonly accepted that the American legal system was based on the British, I mean think about it, what else were a group of former British subjects going to use as a reference point.

the laws as placed on the books since the close of world war 1 which redefined the boundaries of Europe and changed the state of civil and common law in most countries across Europe as they each r-established order.

so yes, they are similar, but ty do not map across.

there is no 5th amendment protection, there is no second amendment rights, there are many fundamental things that Americans are allowed by their constitution that go full stop against British and Canadian rule of law.

But I'm not gonna start splitting hairs to finely. We are both in euro-centric countries more or less despite the NA factor and both our countries were born of British empirical expansionism and French. You guys more from the French in the end, and us a bit of both.

Great stuff, Bruce. Thanks for the link.

It is amazing how people regularly ignore the "You have the right to remain silent" warning. I like how the cop said it's okay for him to lie in an interview, but if you lie to him, it will hurt you in court.

it is hard to have trust.

Well why can't I get that video to play? Only in America!

search "how to talk to the police" on youtube and you'll find a 5 part collection that adds up to almost 50 minutes