Case Studies
El Aemer El Mujaddid

Prejudice

In Supreme Court of New Jersey. STATE of New Jersey, Plaintiff–Appellant, v. Michael CAHILL, Defendant–Respondent the discussed Prejudice stating the following: “Defendant retained an attorney, who promptly filed a motion to dismiss the motor vehicle charges on the ground that

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Case Studies
El Aemer El Mujaddid

A Clash In Judicial Roles

  Here, Family Court initiated the underlying contempt proceeding, applied for the subpoenas duces tecum, ruled upon petitioner’s respective motions to quash and dismiss, questioned the only witness to testify at the hearing, ruled upon counsel’s objections thereto, acted as

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Case Studies
El Aemer El Mujaddid

Pecuniary Interest

Holding Alabama Supreme Court Justice’s expressions of frustration with insurance companies did not establish disqualifying bias, although his pecuniary interest in a concurrent lawsuit did. The Court in Commonwealth Coatings Corp. v. Continental Casualty Co., 393 U.S. 145 (1968), stated

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Case Studies
El Aemer El Mujaddid

Substantial Interest

“Substantial interest is a term that applies in many contexts and often isn’t capable of a precise definition. It may be defined as a percentage of ownership, but may be more generally used to mean an interest that is not

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Case Studies
El Aemer El Mujaddid

Personal Interest

In Tumey, which originated this line of cases, the personal interest was financial and immediate: The compensation of the adjudicating officer (a mayor) included the costs assessed against those defendants whom he found guilty. An equally direct financial gain from

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Case Studies
El Aemer El Mujaddid

Actual Bias

  Holding that “the remedy for allegations of jury partiality is a hearing in which the defendant has the opportunity to prove actual bias. In these cases, however, the Court regarded “actual bias” as including “not only prejudice in the

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Case Studies
El Aemer El Mujaddid

The Reasons why “Blacks” should correct their “National-Racial Status” back to “Moors”?

This blog is to inform Moors and non Moors who ignorantly subscribe, embraced or adopted the White Christian Sovereign Citizen interpretation of the legal term “Capitis Diminutio” in general, because it is definitely something American Moors or those known as “African Americans, Black Americans, Black Indians, Blacks (Eng.) or Negroes (Spanish)

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Case Studies
El Aemer El Mujaddid

Foul Means By Anthony S. Parent Jr.

“Governor Spotswood also sensed the danger. The 1710 conspiracy demonstrated the ability of the enslaved to organize across ethnic lines–and at a time when their numbers were rapidly increasing–making them a “Most Dangerous” enemy. He chided slaveholders for their lax

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Case Studies
El Aemer El Mujaddid

The International Law of Discovery, Indigenous Peoples

“The Doctrine of Discovery is one of the earliest examples of classical international law—that is, the accepted legal norms and principles that control conduct between different states. The Doctrine was developed to regulate European countries’ actions and conflicts over exploration,

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Case Studies
El Aemer El Mujaddid

Islam and English Law

“It remains curious in this regard that little effort is made to examine the attempts medieval Latin-Speaking Christians made to assert their Visigothic roots vis-a-vis Christian communities embracing Arab culture and language. What continuities may be present here? The second

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Case Studies
El Aemer El Mujaddid

Moorish Treaties with the English hurt Spanish Commerce

“For now though, what’s important to the story of English trade with Morocco is Sebastian’s inglorious and devastating defeat, and the fact that all 3 rulers, Sebastian, Al-Malik, and Abdallah Muhammed died on the one day of fighting.” Source: Thomas

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Case Studies
El Aemer El Mujaddid

DUTIES AND OBLIGATIONS

“In State v. Weleck, 10 N.J. 355 (1952), the court said: the duties are prescribed by some special or private law, the duties are imposed by a general statute or arise out of the very nature of the office, the

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Case Studies
El Aemer El Mujaddid

FURTHERING AMERICAN FREEDOM: CIVIL RIGHTS & THE THIRTEENTH AMENDMENT

Alexander Tsesis* Abstract:  This Article discusses why the Thirteenth Amendment’s reach extends beyond the institution of slavery and has important implications for civil liberties. The Amendment—in providing a mechanism to protect fundamental rights articulated in the Declaration of Independence and Preamble

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Case Studies
El Aemer El Mujaddid

Thirteenth Amendment Established Universal Freedom

  The requirements of a violation of an individual’s Thirteenth Amendment rights are clear. See United States v. Kozminski, 487 U.S. 931, 108 S. Ct. 2751, 101 L. Ed. 2d 788 (1988). In 1871, the Virginia Supreme Court ruled that

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Case Studies
El Aemer El Mujaddid

Equitable Considerations

  While disease or illness may warrant equitable tolling, the disease must be of such severity that it rendered the litigant unable to pursue his legal claims. See Fisher v. Johnson, 174 F.3d 710, 715 (1999) (referring to mental illness);

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Case Studies
El Aemer El Mujaddid

Fourteenth Amendment Privileges and Immunities Clause

Stating that the plaintiffs could not rely on the Fourteenth Amendment’s privileges and immunities clause because it “has remained essentially moribund since Slaughter House” Presumably, these rights of national citizenship were protected against state infringement since the beginning of the

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Case Studies
El Aemer El Mujaddid

Fundamental Miscarriage of Justice

  “To show a fundamental miscarriage of justice, a petitioner must demonstrate that he is actually innocent of the crime . . . by presenting new evidence of innocence.” Nor does he allege that lack of review by this court

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Case Studies
El Aemer El Mujaddid

Substantial Rights

  “It comes down on its face to a very plain admonition: “Do not be technical, where technicality does not really hurt the party whose rights in the trial and in its outcome the technicality affects.” Kotteakos v. United States

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Case Studies
El Aemer El Mujaddid

Equality under the Privileges and Immunities Clauses

Elaborates upon the intent “to secure and perpetuate mutual friendship and intercourse among the people of the different States in this union,” and to establish equal treatment and freedom of movement for the free inhabitants of each state to pass

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Case Studies
El Aemer El Mujaddid

Collateral Estoppel

“Cities have been traditionally regarded as subordinate governmental instrumentalities created by the state to assist in the carrying out of state governmental functions. Reynolds v. Sims (1964), 377 U.S. 533, 575, 12 L.Ed. 2d 506, 84 S.Ct. 1362; State v.

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Case Studies
El Aemer El Mujaddid

Fraud Upon The Court

“As an officer of the court, a member of the bar enjoys singular powers that others do not possess; by virtue of admission, members of the bar share a kind of monopoly granted only to lawyers. Admission creates a license

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Case Studies
El Aemer El Mujaddid

Judicial Estoppel

In Montrose Med. Group Participating Sav. Plan v. Bulger, 243 F.3d 773, 777 (3d Cir. 2001), the Third Circuit defined the requirements for arguing judicial estoppel: “Judicial estoppel may be imposed only if: (1) the party to be estopped is

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Case Studies
El Aemer El Mujaddid

RECONSIDER, VACATE AND MODIFY STANDARD OF REVIEW

  Rather, the rule permits a reconsideration only when “dispositve factual matters or controlling decisisions of law” were presented to the court but were overlooked. See Resorts Int’l v. Great Bay Hotel and Casino, 830 F. Supp. 826, 831 (D.N.J.

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Case Studies
El Aemer El Mujaddid

PUBLIC INTEREST

  (the public’s interest in vindicating important federal rights.)” Ryan v. Burlington County, N.J., 889 F.3d 1286, 1292 (3d Cir. 1989) Here, the present matter involves a public entity, public safety, and matters of public concern—all factors which support the

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Case Studies
El Aemer El Mujaddid

Miscarriage of Justice

Finding that errors concerning alleged due process violations may amount to a miscarriage of justice and invalidate an appellate waiver. U.S. v. Khattak 273 F.3d 557 (3d Cir. 2001) As we explained in our decision in Cristin, 281 F.3d at

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Case Studies
El Aemer El Mujaddid

“Shocks the Conscience”

    In addressing the standard for a substantive due process claim, the Court noted that it was “behavior at the [extreme] end of the culpability spectrum that would most probably support a substantive due process claim.” Id. at 849, 118 S.Ct. 1708.

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Case Studies
El Aemer El Mujaddid

Moors before the New Jersey Courts, 1704

Case # 17871 1729.  Monmouth County. Robert Hunter (late Governor of New Jersey) v. Johannes Smock (Surety for Obadiah Bowne, deceased, late Executor of Captain John Bowne) Rejoinder in Debt on Bond (from 1719) On a £10,000 surety bond for

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Case Studies
El Aemer El Mujaddid

Equal Justice Under Law

The words “equal justice under law” paraphrase an earlier expression coined in 1891 by the Supreme Court. Cabraser, Elizabeth. “The Essentials of Democratic Mass Litigation”, Columbia Journal of Law & Social Problems, Vol. 45, p. 499 (Summer 2012). Peccarelli, Anthony.

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Case Studies
El Aemer El Mujaddid

Mandamus is an Extraordinary Remedy

Mandamus is an extraordinary remedy. See Kerr v. U.S. Dist. Court, 426 U.S. 394, 402 (1976). Within the discretion of the issuing court, the writs traditionally may be “used . . . only ‘to confine an inferior court to a lawful exercise

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Case Studies
El Aemer El Mujaddid

A Writ of Prohibition Against Further Prosecution

“Plaintiffs moved to dismiss the indictment on the grounds that, inter alia, the prosecution violated the nurse plaintiffs’ Thirteenth Amendment rights and Vinluan’s First Amendment rights. ( Id. ¶ 94.) Their motion was denied by the state trial court judge

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Case Studies
El Aemer El Mujaddid

Substantive Due Process

Holding that state law governs substantive issues and federal law governs procedural issues Erie R. Co. v. Tompkins 304 U.S. 64 (1938) “The Due Process Clause, however, ‘does not transform every tort committed by a state actor into a constitutional

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Case Studies
El Aemer El Mujaddid

Cross-Complaints and Equal Protection

Citing 8 Moore’s Federal Practice 3.05 at p. 3-7 (in effect in 1975), the district court observed that “[a]lthough a private citizen is not barred by the Rules from instituting a complaint before a magistrate; he may not do so

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Case Studies
El Aemer El Mujaddid

Treaties in Islam By Abu Tariq

“The following is a useful article written by a brother some time ago. It is especially relevant now due to the ongoing peace process in order to legitimize the illegal Israeli state. In 1979, the Egyptian regime signed a peace treaty with

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Case Studies
El Aemer El Mujaddid

Holy See Statement As To The Doctrine Of Discovery

“Webster’s New International Dictionary of the English Language, published in 1923, states, under “Family of Nations”: “—f. of nations. Internat. Law, an aggregate of states, which, as a result of their antecedents, have inherited a common civilization, and are at

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Case Studies
El Aemer El Mujaddid

Higher Standard of Ethical Conduct

  In Board of Chosen Freeholders the Court found that: “Defendant was acting as a judicial officer and was bound to an even higher standard of ethical conduct than other public officials. He had a duty to enforce court orders.

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Case Studies
El Aemer El Mujaddid

Racial Discrimination

The NJLAD makes it unlawful “[f]or an employer, because of race . . . to discriminate against such individual in compensation or in terms, conditions or privileges of employment.” N.J.S.A. 10:5-12(a). When analyzing claims of discrimination under the NJLAD based on

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Case Studies
El Aemer El Mujaddid

Racial Epithets

  Carfagno made manifest, by word and deed, that racial bias motivated his selection of the assault victims in this case. See Adams v. Commonwealth, 33 Va. App. 463, 471, 534 S.E.2d 347, 351 (2000).   Carfagno used the term

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Case Studies
El Aemer El Mujaddid

Group Libel

  Group libel is defined as the depiction of the “depravity, criminality, unchastity, or lack of virtue” of any social group, including a race, which holds the group up to public contempt.    All racial and ethnic insults imply debasement

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Case Studies
El Aemer El Mujaddid

Fighting Words Doctrine

    The “fighting words” doctrine encompasses direct, scurrilous verbal abuse of an individual or small group likely to incite an immediate breach of the peace. “Fighting words” are “`personally abusive epithets’ and not merely [words that are deemed] a

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Case Studies
El Aemer El Mujaddid

FRAUD UPON THE COURT

  We have previously stated that “fraud upon the court includes . . . fraud by an officer of the court, including an attorney.” In re Genesys Data Techs., Inc., 204 F.3d 124, 130 (4th Cir. 2000). This would, at

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Case Studies
El Aemer El Mujaddid

EQUAL JUSTICE UNDER LAW

  Passaic County Legal Aid Society is a prepaid legal services corporation funded in part under the National Legal Services Corporation Act, 42 U.S.C. §§ 2996a-k. Its special mission is to provide legal representation to needy people and to make

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Case Studies
El Aemer El Mujaddid

 Mandamus Is An Extraordinary Remedy

“‘[W]here the subject concerns the enforcement of the … rules which by law it is the duty of this court to formulate and put in force’, mandamus should issue to prevent such action thereunder so palpably improper as to place

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Case Studies
El Aemer El Mujaddid

Civil Rights Conspiracies: 42 U.S.C. 1985(3)

  Civil Rights Conspiracies: Section 1985(3) after Carpenters v. Scott. “In contrast, state action is not required for a section 1985(3) action based upon a conspiracy to interfere with one’s thirteenth amendment right to be free from the badges of slavery.” The Griffin

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Case Studies
El Aemer El Mujaddid

FUNDAMENTAL JUSTICE

  As to what would constitute fundamental injustice, it may be useful to consider a case such as State v. Cerbo, 78 N.J. 595 , 397 A.2d 671 (1979). In that case the Court dealt with a violation of statutory

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