BrynoDC
BrynoDC
  • Видео 44
  • Просмотров 140 903
Dicta: Unlocking which Supreme Court opinion is law and which is just chatting
Sometimes the U.S. Supreme Court’s opinions operate as case law. But sometimes they’re just letting us know what they would have done if the case had been different. Learn about the difference between the ratio decidendi and dicta. #law #civics101
Просмотров: 181

Видео

Was the 27th Amendment ever Ratified?
Просмотров 43814 часов назад
The 27th Amendment took 200 years to ratify and still doesn’t appear in some printings of the constitution because it isn’t universally recognized. Learn some more about it! #civics101 #americanhistory #law #civics #history #lawculture
The history of jury trials
Просмотров 11516 часов назад
Before there was the jury trial, there was trial by battle and trial by ordeal. Today’s trials seem a bit less intense by comparison.
What does “the common law” actually mean?
Просмотров 51914 дней назад
Journey to Kommonlaunika, where the only judge doles out opinions and learn about French vs. common law. Stick around to 2:23 because there’s a twist!
Martin v Hunter’s Lessee, Supreme Court vs State Courts
Просмотров 19414 дней назад
When the Virginia Supreme Court challenged the SCOTUS to dance, they boogied. SCOTUS outraced them.
What the heck is a Tort? Assault and Battery edition
Просмотров 23214 дней назад
Learn about the intentional torts of assault and battery as opposed to the criminal charges of assault and battery. Why are they different? What are the damages? What does this reasonable man have to do with all this?
Dodge v ford motors.
Просмотров 1,1 тыс.14 дней назад
The most important case in modern U.S. history in brief.
You’re being Unreasonable!
Просмотров 28914 дней назад
“Reasonable” is a common standard in common law and is used as an objective standard by creating an imaginary “reasonable man.” Get to know him!
America’s thousand year old hidden court of Equity.
Просмотров 44 тыс.21 день назад
America’s thousand year old hidden court of Equity.
How to sort through the legalese of nested lists
Просмотров 41021 день назад
How to sort through the legalese of nested lists
Holiday Season Apple cranberry coffee cake recipe
Просмотров 5821 день назад
Holiday Season Apple cranberry coffee cake recipe
Legal Citations 101
Просмотров 38121 день назад
Legal Citations 101
The secret code to reading legal opinions and case law. IRAC and the Case Brief. Civics 101.
Просмотров 1,2 тыс.Месяц назад
The secret code to reading legal opinions and case law. IRAC and the Case Brief. Civics 101.
Judge made law, and why the Supreme Court doesn’t have witnesses.
Просмотров 90Месяц назад
Judge made law, and why the Supreme Court doesn’t have witnesses.
How some (not all) amendments in the bill of rights were slowly applied to state governments
Просмотров 127Месяц назад
How some (not all) amendments in the bill of rights were slowly applied to state governments
VoPro 4: Michigan Voters 1
Просмотров 183 месяца назад
VoPro 4: Michigan Voters 1
VoPro 3: Nevada Voters 1
Просмотров 73 месяца назад
VoPro 3: Nevada Voters 1
VoPro 2: North Carolina Voters 1
Просмотров 153 месяца назад
VoPro 2: North Carolina Voters 1
VoPro 1: Pennsyvlania Voters 1
Просмотров 583 месяца назад
VoPro 1: Pennsyvlania Voters 1
Logic 102: Premise Supports Conclusion
Просмотров 634 месяца назад
Logic 102: Premise Supports Conclusion
Logic 101
Просмотров 684 месяца назад
Logic 101
Hike to Fogama’a beach
Просмотров 4052 года назад
Hike to Fogama’a beach
Tutuila King Tide and Winter trade winds meet the morning commute in American Samoa
Просмотров 44 тыс.2 года назад
Tutuila King Tide and Winter trade winds meet the morning commute in American Samoa
The Pago Pago Dispatch Quarantine Day 5 - Apartment Tour
Просмотров 2782 года назад
The Pago Pago Dispatch Quarantine Day 5 - Apartment Tour
Imagine Memorial sings Strawberry Fields
Просмотров 592 года назад
Imagine Memorial sings Strawberry Fields
My Maui Shower Frogs
Просмотров 2413 года назад
My Maui Shower Frogs
Get to Know a 1970 VW Beetle
Просмотров 28 тыс.3 года назад
Get to Know a 1970 VW Beetle
Washer balls
Просмотров 523 года назад
Washer balls
Unboxing a Sanyo FT863M Vintage Car 8-Track Player - Tinker Tailor Solder Bry
Просмотров 2114 года назад
Unboxing a Sanyo FT863M Vintage Car 8-Track Player - Tinker Tailor Solder Bry

Комментарии

  • @frankm1776
    @frankm1776 3 часа назад

    So my understanding of jurisdiction of the courts according to the US Constitution, are only two types of courts. Courts of common law jurisdiction ( i.e.. Supreme courts) and courts of equity (I.e..- courts of inferior jurisdiction) like US federal district courts and state courts. Supreme Courts deal with common law jurisdiction based on (Stare Decisis), and the lower courts of inferior jurisdiction which deal with cases or pleadings, sufficient to invoke the courts jurisdiction to act brought by the parties of the action by and through sworn testimony in the form of an affidavit and personal firsthand knowledge of the facts.

  • @RadicalResponsibility
    @RadicalResponsibility 7 часов назад

    The USA hasn’t existed for a thousand years….

  • @TheWorldBelow360
    @TheWorldBelow360 19 часов назад

    If only more people thought of themselves as citizens who also have determined to be enlightened as to the principled values that ordinary constituents think of as not flaws…

  • @kenq7948
    @kenq7948 21 час назад

    This corrupt SCOTUS is consistent. They reduce individual rights and increase corporate rights.

  • @jaybrown3415
    @jaybrown3415 День назад

    Gibsons Suits in Chancery explains this well and gives dates along with other historical facts

  • @AJMac1
    @AJMac1 День назад

    Excellent, I needed to hear that.

  • @joeyjoejoe172
    @joeyjoejoe172 День назад

    Here from your tik tok channel

  • @rageagainstthemachineragea2497
    @rageagainstthemachineragea2497 День назад

    And these Judges and Courts must honor the united States Constitution! I don't care what anyone says!

  • @rageagainstthemachineragea2497
    @rageagainstthemachineragea2497 День назад

    The Courts have to acknowledge Equity and Trust Law if anyone expressed it!

  • @rageagainstthemachineragea2497
    @rageagainstthemachineragea2497 День назад

    Tennessee still has Chancery Courts too!

  • @gregoryl.levitre9759
    @gregoryl.levitre9759 День назад

    You forgot the vaccine court when you listed the different types of courts. Also, some courts in the US operate on Napoleonic Law.

  • @Zimbertica
    @Zimbertica День назад

    When I first started getting into the Constitution and common law and rights, I remember I asked a judge, over a traffic ticket, if it was a court of common law or a court of equity... he blew up on me so hard and immediately ruled from the bench that I was guilty and had to pay the fine... I know a lot more now but it was eye opening to say the least.

  • @MonkeyFabGarage
    @MonkeyFabGarage День назад

    I was interested in law until I found out about common law and then I just realized the whole system is a joke. Not only is it made up? but then founded in its made upness. Love old vws

  • @LordFancy
    @LordFancy 2 дня назад

    Regestering puts a lean on you, I recommend terminating this contract so you can elect your public servents

  • @LordFancy
    @LordFancy 2 дня назад

    Excellent video. Fraud has no time limitations

  • @fazemetro1591
    @fazemetro1591 2 дня назад

    I will have to unsubscribe on this one……

    • @brynoDC
      @brynoDC 2 дня назад

      I am sorry to see you go. I have, and will continue in good faith, to teach what I have been taught and learned through experience in law school and as a lawyer because I think more people should know this information than just lawyers. Perhaps you have been taught something different. I can only speak to my own experience, education, and research, but these are not insignificant and perhaps should not be so easily discounted. I can and will make mistakes. The other day I said 2/3 majority was required to ratify a constitutional amendment when it was 3/4. Mistakes will happen and it’s hard to correct a video unfortunately aside from in the comments (which I did repeatedly). But I will not intentionally mislead based on what I have been taught, read, and experienced as an attorney. I have better things to do with my time. My only goal is to impart what I have learned and what we as attorneys are taught.

  • @fyrbyrd71
    @fyrbyrd71 2 дня назад

    Canon 3228 removes truth, integrity, justice, and fairness. Plus, preponderance used in criminal trials removes the same. Rule 12 isn't invoked enough, or successfully, detrimentally.

    • @brynoDC
      @brynoDC 2 дня назад

      Rule 11 is my “die on this hill” speech. It’s just a rule that requires a signature, but we were taught that it IMPLIES that you, as an attorney, signing your name to this paper, believe that the arguments in the document are real legal arguments. I have always loved that sentiment, I’ve stood by it. I’ve refused to sign my name to anything in court that I didn’t feel confident about in my judgment as an attorney. And I don’t know if rule 11 really operates the way I think but I’ve been on a lot of rambling speeches (like this one) arguing that it should.

    • @brynoDC
      @brynoDC 2 дня назад

      (Buuuut I’ve been known to stand on soap boxes from time to time. So take this with a large, soapbox sized, grain of salt. :-)

  • @robertcarr272
    @robertcarr272 2 дня назад

    It's also why the federal courts have a Name /'NAME' change.. the district court of the United States (Art.III) is/was allegedly changed to :The UNITED STATES DISTRICT COURT FOR THE DISTRICT OF __?__, (INC). (Art. I) The states are now the 'DISTRICTS' in the (Art. I) system (derived from federal postal districts).

    • @brynoDC
      @brynoDC 2 дня назад

      There was a class in law school called “fed courts” and I don’t know why it wasn’t required. I’m not sure I even realized it existed until after law school was over but I fully regret not taking it. Because a lot of the big federal court theory stuff we breezed past in con law and in civil procedure and criminal procedure but I really wish I’d had a semester to just soak in that history. I’m not sure I realized how much I’d missed until someone asked me the other day why the Mangione case had concurrent jurisdiction and I realized, I have no clue. And when I tried to figure it out, it was going to be a several day diving expedition. I think I may try to get a fed courts casebook and teach myself.

  • @raychristenson6455
    @raychristenson6455 2 дня назад

    They hide the court of equity because the world shifted to fiat currency. Banks and government give paper or electronic credits and iou's in exchange for real equity. Therefore in court the banks actually have no equitable standing and would or should lose every mortgage case. It's more complicated than that but....

  • @DrakeMonroe
    @DrakeMonroe 2 дня назад

    *One Love*

  • @Roylamx
    @Roylamx 2 дня назад

    F = Fact I = Issue R = Rule A = Application C = Conclusion

    • @brynoDC
      @brynoDC 2 дня назад

      Don’t say it to a lawyer. Their heads will explode. I always say FIRAC but I have seen fully grown adults get all red in the face. “FIRAC? It’s IRAC. NO ONE CALLS IT FIRAC.” But of course there are facts! Duh. It’s always FIRAC.

  • @tradways
    @tradways 2 дня назад

    So…. America… being only 250 years old has a secret 750 years OLDER (before it was even “born”) than the very existance of America.

  • @wvman2374
    @wvman2374 2 дня назад

    When I practiced in South Carolina some 20 years ago, there were Masters in Equity who were essentially special Magistrates under the jurisdiction of the general trial court Judge. Masters in Equity handled foreclosures and a few other things but I can't recall what all their jurisdiction entailed. Essentially, equitable powers were transferred from the Judge to the Master in Equity to act as essentially a Magistrate for equity cases, whereas normally Magistrates don't have equitable power or jurisdiction.

    • @brynoDC
      @brynoDC 2 дня назад

      That’s fascinating. I’m learning after making this video (which was of course intended to be a 101 type conceptual overview, so I didn’t try to get into each state) how many states still have cool remnants of the equity courts in operation. I love it.

  • @Zeno2Day
    @Zeno2Day 3 дня назад

    Ty 👍

  • @affordablevoices
    @affordablevoices 3 дня назад

    I kept looking to see if I set this video on two times speed.

    • @brynoDC
      @brynoDC 2 дня назад

      I originally made this for TikTok so I had to cut 45 minutes of video down to 11 minutes. RUclips and TikTok are surprisingly different animals.

  • @engadvantage
    @engadvantage 3 дня назад

    Great video, thanks for sharing!

  • @josephrobertson2202
    @josephrobertson2202 3 дня назад

    Can you do a video on Civil Asset Forfeiture? This is a terrible situation of government theft in most states. What can be done to eliminate it?

    • @brynoDC
      @brynoDC 2 дня назад

      I’ll try to get there eventually. I’m still sort of the building block phase. I’ll tell you that I worked in a jurisdiction that tried to implement new Civil Asset Forfeiture laws and I successfully mounted a major campaign to stop it. I’m pretty proud of that one actually. One of my main arguments is that states are beginning to abandon these laws, finding them abhorrent to so many constitutional protections, even if they’ve been deemed technically within the lines of the law (don’t get me started). So I’m hopeful that they’re on their way out. Suffice it to say: I am not a fan.

  • @lameetcalice3845
    @lameetcalice3845 3 дня назад

    Malum In Se/Malum Prohibitum Nothing moral requires authority. Authority is the claim to the exclusive exemption to morality. It is a monopoly on violence. Violence is a violation because it is the initiation of aggression, not self-defense. Offense/defense are ontologically distinct. All crime has a legal equivalent (ie, taxation is extortion). Every government is founded on Ad Baculum. Petitio Principii can and will be used against you. Warren v. District of Columbia Town of Castle Rock v. Gonzales DeShaney v. Winnebago County Lozito v. New York City Salinas v. Texas You are legally compelled via the logical fallacies Ad Populum, Ad Baculum and Ad Verecundiam to pay for protection that they are not legally obligated to provide. That's a mafia. Operation Flicker The highest Abrahamic value is Ignorance of Good and Evil. It's right there in Genesis. They worship Yaldabaoth, God of the Scapegoaters: God blames Man; Man blames Woman; Woman blames Serpent; Serpent blames God, more accurately - the Serpent defines God. God Condones Child Rape No.s 31: 17-18 God Condones Rape Deut. 22: 28-29 God Condones Abortion No.s 5: 11-31 Unquestioning Obedience to Government Rom.s 13: 1-7 Ritualistic classifying surgery as a means of psychic castration, like circumcision and sub-incision, are hallmarks of patriarchal culture, a demonstration to the young that the venerable old ones still wield the all-powerful knife - and the beginning of transsexualism. Those who do not perform the cult's rite can never enjoy full social status. Symbols of the castrated member, the tie and bow-tie, are mandatory accoutrements of the political wardrobe and phallic monuments are erected to commemorate the minds conquered long ago. Brute force is no longer necessary. The capitalist priest class of Psychiatry, working in tandem with the State bureaucracy, regulates and polices the new Restriction and gelding of desire. Psychiatrists, along with other legal arbiters, help to obscure justice with grey areas of intentionality, mental state, etc. Some mistake this as a system of Liberty, ignorant of the fact that Psychiatric Control is a cornerstone of the perfected Totalitarian State. All modern illnesses come from the absurd and tragic struggle of man's inability to bridle Nature. This dogma echoes perpetually, omnisciently by understanding voices in self-help books, billboards, radio commercials and television talk shows to convince the public to practice continual self-suppression and hormonal restraint. Any deviation is an indication of something severely wrong with the individual. Perhaps Lycanthropic Transformation Rites are in some way a Psychic Preparation for the millennial calamities that are thought to lie ahead. Legalism is a Language of Equivocations, a process of assimilation to violence and illogic. Etymology: government Gubernare: to control Mens/Mentis: mind culture Colere: to inhabit, to till Cult: collective mind -ure: process of civilize, etc. Civitas: city -ize: to do/to make like police, policy, politics, polite Polis: city authority Auctor: master, father, creator -ity: quality of religion Religare: to bind fast, to place an obligation on -ion: noun-forming suffix uniform Uni-: one Form: shape They lump themselves into a group. They want all the collective praise and none of the collective blame (No True Scotsman). If they were truly concerned for their reputation they wouldn’t wear a uniform. Badges are just snowflakes. Ad Baculum + Ad Populum = Democracy "Everything is metamorphosed into its opposite to perpetuate itself in its expurgated form. All the powers, all the institutions speak of themselves through denial, in order to attempt, by simulating death, to escape their real death throes. [...] For example: it would be interesting to see whether the repressive apparatus would not react more violently to a simulated holdup than to a real holdup. Because the latter does nothing but disturb the order of things, the right to property, whereas the former attacks the reality principle itself." - Jean Baudrillard (Simulacra & Simulation - 1981) "Our rulers, who rule our symbols, and so rule a symbolic class of life, impose their own infantilism on our instituitions, educational methods, and doctrines. This leads to maladjustment of the incoming generations which, being born into, are forced to develop under the un-natural (for man) semantic conditions imposed on them. In turn, they produce leaders afflicted with the old animalistic limitations. The vicious circle is completed; it results in a general state of human un-sanity, reflected again in our instituitions. And so it goes, on and on." - Alfred Korzybski (Science and Sanity: An Introduction to Non-Aristotelian Systems and General Semantics - 1933) "I am a cosmopolitan." - Diogenes "If I could not be Alexander, I should wish to be Diogenes." - Alexander the Great "A man is no less a slave because he is allowed to choose a new master once in a term of years." - Lysander Spooner (No Treason: Constitution of No Authority - 1867) "It is incredible how as soon as a people become subject, it promptly falls into such complete forgetfulness of its freedom that it can hardly be roused to the point of regaining it, obeying so easily and willingly that one is led to say that this people has not so much lost its liberty as won its enslavement." - Étienne de la Boétie (Discours de la servitude volontaire ou le Contr'un - 1577) "Leadership in government is political power, and political power is an official form of antagonizing the people. Politics are rules imposed upon the people. They have every man in a straight jacket and without a passport he cannot move a toe. In a free world, they violate the natural rights of every citizen. They have become the weapons of political despots and if you don't think as they think you're deprived of your passport." - Michael Chaplin as Rupert Macabee (A King in New York - 1957) "Imagine, if you will, a world filled only with criminals of whom there are two classes: those too honest to rationalize their crimes and the powerful who scapegoat them." - Rod Serling "Eye have no Moral Obligation to ask permission from the person to whom Eye Morally Object if Eye may exercise mEye Moral Objection." - Unknown %{~%%|#^~|}|}%^~~%~{%

  • @fatherrussell5303
    @fatherrussell5303 3 дня назад

    Haven’t watched the vid yet. Everything about me is screaming that you’re a soy leftist.

  • @emanonymous
    @emanonymous 3 дня назад

    how does this factor into equity jurisdiction?

    • @brynoDC
      @brynoDC 3 дня назад

      Eh. It doesn’t really. But any time you’re reading precedential cases you need to separate the wheat from the chaff, as it were. The Dicta can be useful, but it’s not the law announced in the case as a general rule.

  • @cdr-sailor
    @cdr-sailor 3 дня назад

    Nowhere does the Constitution mention the laws of Contract. Article V does not set any limit on the amount of time for an Amendment to be ratified: "...shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof...".

  • @christiroseify
    @christiroseify 3 дня назад

    Any chance you'd consider doing some videos on medical law? Yes, I have a reason for asking.

    • @brynoDC
      @brynoDC 3 дня назад

      At some point yes. I have a whole series I want to do on health law. But I need to get through some basics first.

    • @christiroseify
      @christiroseify 3 дня назад

      @@brynoDC I look forward to it...

  • @WaxonwaxoffDanielson
    @WaxonwaxoffDanielson 3 дня назад

    Statues are for commerce

  • @fire_tower
    @fire_tower 3 дня назад

    Contract law doesn't apply to constitutional alterations.

    • @brynoDC
      @brynoDC 3 дня назад

      I would agree but apparently Justice Scalia did not.

  • @danielhawkins6425
    @danielhawkins6425 3 дня назад

    I'm not sure that contract law is a good place to start looking for guidance. When we think of contracts, we think of building stuff, or making and delivering stuff, or mortgages, that sort of thing. The time frame of typical interactions between and among individuals and corporations. No one would think that a contract that hadn't been finalized between my grandfather and some other entity could be put into force 10 years after his death. That said, I might argue that once the then-current generation had passed, the pending amendment had become moot. It was Thomas Jefferson who made a statement to the effect that every generation had the right, if not the duty, to remake the Constitution.

    • @brynoDC
      @brynoDC 3 дня назад

      I’m working on a series of videos on the articles of confederation and the constitution and that’s one of my first lines in my script (so far). That the fact that we approved a constitution and stuck with it for hundreds of years is not only bizarre, it probably wasn’t expected.

  • @Mr.MT3
    @Mr.MT3 3 дня назад

    Most people may not have listened, but I did. I know the financial markets pretty well, as well as a lot about history, particularly the rise and fall of civilizations, generally. As well as a lot about very ancient history/prehistory, but that's neither here nor there. You said this decision was 104 years ago? This would be about 1920 or so then. I'm beginning to believe this may be the biggest factor in the great depression, believe it or not. The roaring 20's was a huge financial boom, but it was more of a stock market boom than it was anything else. America did not grow 500% in those 10 years, but the market did. We're not in a dissimilar situation now with the markets, sadly. They say a major economic collapse tends to happen every 100 years or so, and the top civilization around the world tends to last only 200-300 years, so we've got a lot lining up for a fairly big collapse whenever it all does come down.

  • @tommyjacksonjr.7846
    @tommyjacksonjr.7846 4 дня назад

    All I've got to say is... the merchants that are nothing more than squatters on the land have most everyone fooled into identifying themselves as the straw man with this demo Court scam because they've dumbed down Society and and think that we, The Sovereign Souls... you know the living man have forgotten our power and have to be treated as dead entities. I think that every student through all four years of high school should be well-versed in Blacks Law dictionary. I'm not a lawyer but maybe we all should be. I know I should have not even made a comment but for some reason I just wanted to vent. I believe I may make it my life's mission to escort the squatters ( that have been taking a dump on freedom for far too long) off the land and bring knowledge to the souls that have been exploited, enslaved and unempowered. I guess I better get to doing my homework because I know I have a lot to learn on the matter but I know enough to know that if one truly knows thyself, and fears nothing, also knows that Anything is Possible. Okay I'm done... I'm sorry I didn't add anything to the conversation but that's where my mind went. I will say that you did an excellent job of explaining the court systems. I hope all your dreams come true. I may erase this in 5 minutes but probably not. I think it's time for all the generational Curse Breakers to get together and show these people to their ships where they can sail their deceitful asses out to sea and find someone to sell their slavery to. Everyone in this realm should live a life of freedom, truth and abundance. 86 their 🚢 ships...give them a canoe 🛶... with a hole in it. Peace...Love .. and Prosperity to all.

  • @steveezard8859
    @steveezard8859 4 дня назад

    Fantastic inflammation! Please do keep it coming!❤😊

  • @billmay8116
    @billmay8116 4 дня назад

    I've been aware that all statutory actions are civil and why. Even criminal actions are civil in nature but just defined as criminal. Statutory proceedings move in an Art 4 USDC which is a legislative branch court. True criminal proceedings are suppose to move in an Art 3 judicial branch court but those on both the state and fed level were closed around 1950. While both courts have authority over 'citizens of the United States' aka fed gov [ a creation of the 14th amendment ], the constitutions only grant judicial branch courts any authority over the true citizens of the states. That means that for over 70 years all prosecutions of the [ white ] citizens of the states have been constitutionally void for lack of jurisdiction. It is important to know that legislative branch courts recognize almost no rights. Judges will tell people that they do not recognize the state constitutions as imposing no limits on their authority and only vaguely recognize the fed constitution as imposing any limits on their actions.

  • @steveezard8859
    @steveezard8859 4 дня назад

    Im trying to understand equity, i wish I understood the entire system

    • @brynoDC
      @brynoDC 2 дня назад

      Well, I started with equity because it’s a good counterpoint to explain common law. And I’m just sort of migrating over to RUclips from TikTok. So give me a little time. I’m working on my lights and camera setup. But once I get back into the swing of things I’ll start posting more and try to fill in the gaps.

    • @brynoDC
      @brynoDC 2 дня назад

      (2) we’re looking at civil. So it’s mostly you against another human being. Somehow they have been hurt (medically, financially, emotionally) and they have lost something that they want back (you were supposed to buy something from them for $100, you didn’t, they had to sell it the next highest bidder for $75 and they want their $25, or your oil well exploded and dumped oil all over their nice yard, they lost their yard, they want you to clean it up so they get their nice yard back, OR you broke their leg, they went to the hospital, their leg is fixed but they lost their $10k to hospital bills and they want it back). Civil is almost always just about money. Most of the time in a civil case you come up with a cash amount that that the person is out and needs to get back to be “made whole” again.

    • @brynoDC
      @brynoDC 2 дня назад

      (3) so. Civil case. Most of the time. It’s about money. He owes me $25 because I had to go to the second bidder and we had a deal. He owes me $10k because he broke my leg, I fixed my leg, but it cost me $10k and the break was his fault. That’s most of civil law. And that’s historically civil “common law.” So let’s split that part off now.

    • @brynoDC
      @brynoDC 2 дня назад

      (3.b) sorry. Forgot to add. Common law is also very black and white, cut and dry. You owe the money or you don’t. You breached the contract or you didn’t. It’s your fault or it’s their fault. One or the other. And juries are used and asked to make a decision between 2 options usually: on the question of who was responsible, how do you find? Find for the plaintiff. Find for the defendant. Cut and dry.

    • @brynoDC
      @brynoDC 2 дня назад

      (4) sometimes (but only sometimes) cut and dry won’t cut it. Both sides thought (really honestly believed) that the contract said something different, and there is no one to blame because the mistake is understandable. Or, money is not going to fix this problem because they said they were selling me my dream house and now they’re not, you can’t find me another dream house. Or they need to clean up the mess they made (rare. Usually the question is, how much will it cost to clean this up? Pay them that amount). OR, they need to stop pumping that oil, it’s getting in my yard. In those cases, a court will make an equitable decision. One that isn’t a black and white or money decision. How about we find a way to amend the contract so it’s somewhere in the middle between what you both thought? You have to sell them their dream house. Clean up the yard. Stop pumping oil into the yard.

  • @jonazevedo28
    @jonazevedo28 4 дня назад

    Great content!!! Would you be able to provide more information in how to issue pleadings under equity for Specific Performance?

    • @brynoDC
      @brynoDC 2 дня назад

      So, I can’t specifically because it’ll be different in every state. I usually try to find some samples from that court and use them. Find some injunctions.

    • @jonazevedo28
      @jonazevedo28 2 дня назад

      @brynoDC thank you, if you could, pick a State, and we can draw parallels in other jurisdictions. Thank you for taking the time to explain, that which has little coverage on mainstream.

  • @offthefront7537
    @offthefront7537 4 дня назад

    Equity is the result of deducting liabilities from assets.

  • @alfalogic
    @alfalogic 4 дня назад

    Confusing case law and common law is a very essence of the problems we face today. Common law is not declarative and thus mutable by judges. Judges must read the law rather than make the law.

    • @brynoDC
      @brynoDC 2 дня назад

      Case law is common law. A common law system uses controlling case law to determine its decisions, although there is some nuance to how it uses cases vs. statutes. I’m trying to start with the broader concepts and move into the more specific. By contrast a civil law jurisdiction, like France, uses a more complex civil code in place of a common law and judges opinions carry less legal weight.

    • @alfalogic
      @alfalogic 2 дня назад

      @brynoDC perhaps you should check the Black's Law Dictionary 4th ed page 345.

  • @freewillchoice8052
    @freewillchoice8052 4 дня назад

    Bro don’t stop doing this you’re awakening many souls please keep on keeping on! ❤👍👌👏✌️👊

  • @xsarchitect
    @xsarchitect 4 дня назад

    United States is not..............1000 years old

    • @brynoDC
      @brynoDC 2 дня назад

      Correct. But we imported our legal system, or parts of it at least, from another country.

  • @vikingvisigoth4384
    @vikingvisigoth4384 4 дня назад

    America hasn't been around for 1000 years...

    • @brynoDC
      @brynoDC 2 дня назад

      See comment above.

  • @BehindTheEsoteric
    @BehindTheEsoteric 4 дня назад

    I don't have anyone to share it with, but I want to encourage you Regardless. good work. Thank you so much. Keep them up.

  • @BehindTheEsoteric
    @BehindTheEsoteric 4 дня назад

    That was really good. TYSM!

    • @brynoDC
      @brynoDC 2 дня назад

      Thank you for watching!

  • @isaaccespedes4817
    @isaaccespedes4817 4 дня назад

    thank you! where does admiralty fit into all of this?

    • @brynoDC
      @brynoDC 2 дня назад

      So I know in England admiralty is a common law court. I’d mostly assume the same for the U.S. But I’m willing to bet I could think really hard and come up with exactly the right situation where a case could be brought in equity that may bring in some admiralty law. Or vice versa. The two things that are just bouncing around my brain is maybe something related to a major oil spill or a U.S. owned giant boat getting in a wreck. I don’t know. I’m just spitballing there.

    • @isaaccespedes4817
      @isaaccespedes4817 День назад

      @@brynoDC i thought admiralty was separate from common and equity, to deal with sea vs land respectively, but that propeller genese chief vs fitzhugh suggested that admiralty jurisdiction can be brought to the land to settle commercial matters. Also, I thought that the one form of action was equity/admiralty. It reads this way to me (rule 2.1).