Common law of England preempted, etc.
I was charged with soliciting prostitution. I didn't do it but that isn't the point. Under the Common Law they must produce an injured party or there was no offense. I am not sure if the Justice court is a court of Record or not. The NV constitution says it isn't and the NRS says it is. If it isn't a court of record I believe they have to dismiss for lack of jurisdiction or move it to a court of Record.
Once I establish that is or is not a court of record, and suppose it is, then how do I make them try me by the Common Law instead of statutory law?
With all due respect, all of your arguments are based upon false premises and are thus incurably flawed.
As already mentioned you are overdue for a lesson in civics. Because the party victimized by your alleged criminal action, i. e., the real party in interest, is the State of Nevada. Which, if you will note, is the party designated in the complaint as the party that is prosecuting you.
I don't know where you came up with the notion that it differs under English common law because it doesn't. Criminal offenses in most if not all English speaking countries are considered crimes against
"the whole of a community".
_______________________________________
Secondly and contrary to your post the Nevada Constitution DOES NOT classify the state's justice courts as nonrecord courts. Specifically it states that the Supreme Court, the district courts and
"such other courts as the Legislature shall designate" shall be courts of record.
Then in l979 the Nevada legislature enacted a law requiring that
"Proceedings in each justice court must be recorded . . . . . . . in the same manner and with the same effect as district courts" NRS 4.390
Moreover, by statute
Nevada Justice Courts have jurisdiction of all misdemeanors.
NRS 4.370(3)
And
"engaging in prostitution or the solicitation thereof" are misdemeanors under a Nevada law. NRS Sections 201.354 (1)(2). So connect the dots.
In sum, the Nevada Justice Courts are courts of record; have jurisdiction of all misdemeanor crimes; and even if considered inferior to the District Courts any jurisdictional constraints as imposed by the common law of England are abated by
NRS 1.030.
By which statute the common law of England, that otherwise obtains in Nevada, is preempted to the extent that it is in conflict with the state's Constitution and statutory laws.
