What is a Cause of Action?

No Parking Anytime SignI’ve been having some discussions lately with various people asking about what I meant when I was defending my daughter in law and the challenge was “What’s the cause of action?”  It seems many people don’t understand that simple but essential element of a court matter so I will attempt to explain it here.

Essentially what is a cause of action is the question the prosecutor asked me when he inquired “What are we doing here?”  It’s the essential element of is there a valid claim against the defendant.  Theft could be an injury someone suffered from someone wrongfully taking your property.  That’s the crime but not the Cause of Action.

I’ll try to explain it this way, if you own a car and get into an accident then you may have the right to sue the other party, if they are at fault.  You would likely have suffered damage to your car and could suffer financial loss in repairing it.  If the other party ran a red light and struck you in the front right quarter panel then they would obviously be in the wrong with their actions as there are rules we all agree to in order to be able to travel safely on the roads.  In that case you would have a valid cause of action.

It isn’t the running of the red light that brought the cause of action.  It wasn’t the damage to your car that brought about the cause of action.  It was the negligence of the person who ran the red light in an unsafe manner and damaged your car that brings on the cause of action.  A cause of action is always a damage or injury caused by the neglect of another.

If the person who hit your car was trying to stop and the roads were all iced up from people spinning tires at the intersection you again may not have a valid cause of action.  It is also your responsibility to ensure that it is safe to proceed when the light turns green.  If the other party was honking their horn and sliding on the ice and you decided to go anyways then you are now the injuring person and the cause of action would be against you.

It is never sufficient to say “this person broke this rule of our society so they must pay”.  There must be neglect or intent to cause an injury or damage that has occurred.  In the matter of contracts not fulfilling your agreed obligations is also a valid cause of action provided there is negligence and not that the contract was broken due to safety or other reasons.

When your issued a traffic ticket a cop is acting like you are of their society (a government employee) and you’re obligated to follow their random rules.  They operate under the breach of contract concept but there never is a contract as you aren’t employed by them.  There is no cause of action because there usually is no damage or injury.  And on the times when there is damage and a ticket is issued it’s the crown that is claiming the injury when in fact they never received one.

So next time you get a ticket instead of trying to argue statutes or freeman ideologies just ask for the valid cause of action and offer to plead guilty when they provide it.  They never will as it never exists.  Yes they will yell at you and yes they will try to intimidate you but you have to remember that they are technically psychopaths who want to dominate you but they are also bound by the laws that they created and agreed to follow.  As such when it goes to trial they will withdraw.

If you use these techniques, not the freeman on the land I’m not that legal person techniques, but the techniques I write about on my site and actually lose in court, let me know immediately.  Odds are you messed up somehow and I’ll work with you to sort out where and how but it may also just be a case of some nutcase not caring and ruling against you anyways.  In either case you do have grounds for an appeal.  Also, don’t forget to record every interaction you have with these people.  They tend to lie in documents too.

Until next time I wish you peace and prosperity,

Rob

About Rob

I have over 10 years experience assisting people at looking at their problems and shifting focus so that they can begin to resolve the issues at hand. I don't "practice" psychological principles or homeopathic disciplines, I actually help real people learn how to shift their focus and see things in a different light. A light where they have the power and ability to resolve their issues practically and successfully.
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