Noahide Court Network Services

ISSUE1: OBJECTIVES VS. CURRENT CAPABILITES

Disclaimer: No legal advice is being rendered here. This is discussion is for educational purposes only.

We will assize a common law court based on Scriptural Law for the purpose of judging particular disputes and question..( You can do the same.) Another level of standing is to be obtained with the ‘authorities’ by registering ourselves as a Corporation Sole, which historically arose out of the common law ecclesiastical courts of Europe. (This only provide legal protection if used correctly-contact www.thearcway.org . ) During a period of de jure government or martial rule corporation sole may be effective. ( We may eventually return to such a state in between ‘terrorist’ and other episodes of Martial Law.) However, during Martial Law of course, there is no legal defense.) However, even so under such circumstances one simply assizes an ecclesiastical court based on Scripture and relies on the authority given that court by G-d.

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In order to have the judgments of such a court respected in the current court system they will be based on legally binding arbitration agreements. 

see order of Melchizedec

http://www.melchizedek.com/arbitration/introduction_to_arbitration_cour.htm

The option of arbitration (as opposed to a judgment strictly according to law) also exists in a Noahide/Torah Court, and prevails in the vast majority of cases. 

According to Halachah (Torah Law) a judge is not even permitted to decide a case until he is absolutely certain of the judgment, and until that point he is enjoined to encourage the litigants to arbitrate.
After becoming certain however, he is obligated to render a judgment and may not make a pesherah (Arbitration agreement).

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However, we will be constructing a database of sheilot, and in many cases propose a judgment for that sheilah (Question of law) to Rabbinic Authorities. In such a case there may be only one litigant, asking a question of the judge (in this case a Rabbi). The Courts Public Record will contain judgments rendered by the court, which the litigants have agreed to disclose for the public. Otherwise, we will have be bound as a corporation sole to maintain records, which a judge in the current court system may view only in camera. However, if we are acting as a court which we assize according to scriptural law we would not be bound to maintain records of matters of private matters.

JURISDICTION

The jurisdiction of the court is not based on region but is association based and topic based. If there are members of the association which bring a question or dispute before the court then that question or dispute must have a claim which alleges jurisdiction of the court and shows relevance of the current question on the basis of rights of membership of the individual in the association. Furthermore, the claim of jurisdiction must show topical relevance to other related decisions of the court which have been made public in the public record.


Authority of The Court

SATAN

The authority of the court is based upon Malchut (sovereign status) of the judge, on the basis of Daat (individual knowledge of the Divine Will) which is limited within a particular area of expertise of the judge, within Torah Law. Also the judgments of the judge must have Midat HaRachamim?. Associated with every recorded judgment the measure of mesirat Nefesh (self-sacrifice to judge the case to its truth Sanhedrin 6b?) must be documented. The Public Record of judgments of the court must show not only the nominal judgment but also a listing of motions considered based and a summary of the state of stare decisis at the hearing of the motion derived from the documented references to the claims of the litigants making and opposing the motion. In other words, if the judge is not as qualified as another judge based on his record of performance, the matter may be referred to a different court.

INDICTMENT

A claim/question is indictable (that is it is considered worthy of consideration by the court) if the claim falls within the jurisdiction of the court and it is claimed that there is evidence to support the claim.


REFERENCE

The court may refer a case which is not within its jurisdiction to another court which has jurisdiction.

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THE RECORD

Now, the way that this court filing system works is as follows:
There is a Master List of Claims for Declaratory Judgement, by which we mean a question of a matter of Noahide Law, as opposed to a dispute. These may be actual sheilot (Questions for judgment) or Eitzot (Requests for Advice). Answers to questions of Noahide law by Rabbinical Authorities will not be published or even seen by us. We will recommend a posek, and that is all . You will address the question directly to the posek. Our classification of the case will be released if you approve of the classificatioin and give us written permission. The posek will answer you directly. However, if the posek and the questioner concerned gives written permission to release that answer that it be published in our database then we may publish it, or the posek independently publishes the answer in the responsa literature then that sefer (published book of law) can be referenced in our database.


THE FILING PROCESS


The questioner to use the service must file his question as a halachic question (question of Torah Law).

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The question is then classified/discriminated from similar catalogued questions, by issue. The questioner will be asked to distinguish his question from similar publishable questions. This will clarify that there is a relationship to the prior judgments or pending judgments of the court in order to establish jurisdiction

CURRENT SERVICES

We ourselves are merely a clearing house for educational information about three types of services:
· Mediation/Arbitration Professionals
· Legal Professionals
· Rabbinical Poskim (Halachahic) Authorities

File your case/question as regards a matter of Noahide law or fact and we will help you to find bonafide Noahide/Jewish professionals who can help, resolve the dispute or decide the question of concern.

If you request help setting up your own Noahide Court we can also give you educational assistance for this purpose.