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  1. #23
    Quote Originally Posted by motla68 View Post
    How is it the government has authority to enforce a duty upon you if it is absolutely yours?
    They can't.

    Quote Originally Posted by motla68
    If this is sought then it is not a perfect right according to your own words.
    That is correct. If one is seeking remedy from a court, they are seeking to impose a duty on another person i.e an obligation. This obligation is composed of both the right and its correlative duty.

    Quote Originally Posted by motla68
    Now your going back to equity which you said was imperfect rights.

    Quoted: " Equity concerns itself with imperfect rights. "

    Which is it?
    Equity concerns itself with imperfect and relative rights.

    A Brief Survey of Equity Jurisdiction by C. C. Langdell.
    http://www.constitution.org/cmt/ccl/equi_juris.htm

    The book above is one the absolute best I have read in explaining the nature of equity jurisdiction.
    Trusts are squarely an object within the realm of equity jurisdiction.

    In addition to the above, you should learn the history and politics surrounding equity and equity courts.

    Equity trumps law is relatively recent custom given some ruling by Francis Bacon, an enemy of Edward Coke (pronounced Cook) who just happened to be a common law jurist . James I is going to go along with Bacon for he is not pleased with Coke either .

    We may need to back track through our conversation in order to clear up this confusion.
    Last edited by shikamaru; 07-21-11 at 01:33 PM.

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