NYGman wrote: ↑Wed Aug 21, 2019 8:17 pm
It is true we have a common law system, but that is as opposed to a Civil law system. However, this is really just a distinction between statute driven law, and the use of precedent. Look at the way the legal system works in Quebec, versus Ontario. In common law, past legal precedents or judicial rulings are used to decide cases at hand. Under civil law, codified statutes and ordinances rule the land. Some countries use a combination of civil and common law.
However, a common law country will have laws, and they may supersede past legal precedents or judicial rulings. Congress will often pass laws in response to a judicial ruling that they believe does not reflect their intent.
As for you questions, I am sure you don't know what you are asking, but I will try to answer:
what is subject matter?
This is really just the specific subject matter a court can hear. For instance, bankruptcy court only has the authority to hear bankruptcy cases. Nothing magical about that.
what is the subject matter of the citizen?
I am not aware of this, it isn't a legal concept. Courts have Subject matter jurisdiction. People do not. Courts may have subject matter jurisdiction over some persons, but being a Citizen isn't necessarily relevant. For example, I can sue a non citizen in state court, if the court has subject matter jurisdiction.
what is the subject matter of common law?
There isn't any, this is another made up thing. See first answer. I guess you can say that courts are part of our common law system, so in that case, it would depend of the courts subject matter jurisdiction.
what is the subject matter to equity?
Again , see directly above.
who does citizen get property from?
If you are talking real property, it comes from the prior title holder. Other forms of property (Intelectual, personal, etc) my be acquired from their creator. However Citizenship is irrelevant. A non citizen can acquire property. As long as the seller accepts what a buyer is offering, property can transfer.
who does the govt get property from?
in eminent domain, the government buys it back from the title holder at market value, although this amount may be litigated. The US also purchased land from other government, and acquired land via treaties with the native american indians, or traded for it. Some land came via wars with other countries. The government may grant land to settlers, or lease it, or hold it for the countries enjoyment (like national parks).
who is the original owner of the lands?
I would say the Native american indians, but I believe they didn't have the concept of land ownership. That came over with the european colonists, and spread from there. They would be the first to "Own" land.
who is govt?
In the US at least, I think we can say that the government is made up of elected officials, political appointments, and all those in their employment.
who created govt?
Our current system, and not our first, comes from the constitutional congress ratification of the US Constitution, and the amendments created under it. There was a ratification process attached to that too, which I am not going in to here.
who gave govt the power to act as owner?
The US government can not take my property without due process, under the aforementioned constitution and its amendments. The government can acquire land, through purchase, treaties, or gift. Heck aren't we trying to buy Greenland?
What your questions tell me is that you have no understanding what subject matter means in law, and have a warped view of land ownership. You seem to want to contort legal words into something they are not, to fit this strange legal theory you have. YOu are just plain wrong on all accounts, and are not trying to understand what we are telling you.
