http://ireport.cnn.com/docs/DOC-835764
Category: England
Fifty-four (54) years ago, I was born the first daughter of Mr. Roberto Hung Juris Doctor and his wife Mrs. Gardenia Fong Ramos, in the historic city of Santiago de Cuba founded by Spaniards, at the private Spanish Clinic of Los Angeles known today as Mariana Grajales Hospital, near the University of Oriente where my Father worked as an attorney, professor and chairman of the department of business law and economics and my Mother taught Education courses for teachers trained in literacy education for Cuba. The Municipal City of Santiago de Cuba Town Hall where my father worked as a judge and attorney was also located near the private Spanish Clinic of Los Angeles in Santiago de Cuba, one of the first and oldest cities in the Americas, designated as a World Heritage Center by UNESCO. Since both my parents spoke Spanish, English, and French, I was encouraged to learn other languages while I was growing up and during my early visits to the University of Oriente, among my parents’ colleagues, associates, friends, and visitors who also spoke French, Chinese, Italian, Portuguese, German, and other world languages.
My Father’s friends were all educated and professional translators and interpreters, well versed in Castilian Spanish from Spain and its regional provinces of Galicia, Castilla, La Mancha, Catalunya, etc., as well as in English from Commonwealth including England, Hong Kong, Canada, Jamaica, and American English from the United States of America. My Father had studied at the University of Oriente, the University of La Habana, the University Nacional Autónoma de México in Mexico City, D.F. In addition, my Father had also visited Washington D.C. in the United States for his professional accreditation and legal research studies in Cuba, U.S.A., México, London, England in the United Kingdom, Spain, France, Belgium and Switzerland in Europe.
The famous Gregory Rabassa who translated the literary work “One Hundred Years of Solitude” by Gabriel García Márquez, the Colombian Nobel Prize author, lived and visited in La Habana and Santiago de Cuba, Cuba.
My parents’ colleagues, associates, and friends encouraged me to say words in other languages by teaching me to interpret what they were saying to me and repeating phrases from Spanish into other foreign languages. They decided that I could actually speak, read, and write Spanish well, so that I could learn other languages also to become a language interpreter and translator in English, French, Portuguese and other foreign languages. At that time, the United Nations was very popular around the world and in Cuba. In addition, the American Translators Association was established in 1958 in Virginia, U.S.A. They ought to have advised me about the risks and perils that interpreters and translators experience in their lifetime and during the course of employment, especially in the Great Lakes area by Lake Michigan Great Lakes Naval Base, Lake Huron, Lake Erie, Lake Ontario, Lake Superior in the Midwest of the United States, and in the western suburbs of the Chicagoland area as far as Du Page County, Kane County, and Will County, Illinois U.S.A. Family friends from the Great Lakes Naval Base and the U.S. Navy in Virginia, encouraged both my parents to immigrate to the United States of America with their sponsorship via Catholic Charities and the Cuban-American Freedom Flights from La Habana to Miami, Florida where our families lived already. My Aunt Consuelo Fonseca and her husband Guillermo Fonseca had already established their own Cuban family lifestyle in Miami, Florida. Also my Uncle Miguel Hung, his wife Silvia “Bebita” Hung-Simons, her daughter Olivia, son Miguel, son Santiago and son Raymundo “Ray” Hung-Simons, also lived in Miami, Florida, USA. However, my parents decided to emigrate to the Midwest by the Great Lakes areas surrounding Lake Michigan, in Chicago, Illinois where my Father’s cousin Fernando Wong, his wife Yoland Wong Fen, his daughter Sueling, son Fernando, and daughter Meiling lived on Howard Street, North Shore, near Skokie, Illinois in the USA.
Forty-one (41) years ago, while my Mother was studying at Loyola University for her Master of Arts in Spanish Spanish Literature with Dr. Martinez and Dr. Luján, I was reading and translating her books from Spanish into English during her evening classes at Loyola Lewis Tower by Michigan Avenue and Chicago, Illinois USA. Also, I could read and speak from her Portuguese course records. Since I had already started learning English as A Second Language at Avondale Elementary Grammar School on the Northwest side of Chicago with Miss Pantos (Mrs. Kardos), Miss Honeywood, and Mr. Herb Hebel, I followed up with course records in Spanish, French, and Portuguese. Three years later, I enrolled in French classes at Madonna High School with Pat D’Andrea and Mrs. Francis Salvato until 1977 when I graduated from high school with English and Literature from Sister Christine, Sr. Jude, and Mrs. Barbara Davidson for High Honors in Speech, Reading, Writing, and Communications. Madonna High School shows my course records to be at the tenth (10%) per centile of the graduating alumnae for the National Honor Society and the French National Honor Society.
Thirty (30) years ago, I attended Northeastern Illinois University (NEIU) where I began to work as a Student Aide at the Financial Aid Department with Mrs. Annette Cohn for the Illinois Veterans Administration Scholarship sponsored by the GI Bill, managed with Shirley Levin, Angie Pappas at the Reception Desk, Marie Liszewski, Marilyn Kuhn, George A. West, Frank Solano, Kathy Crane, and other student aides, staff, and Civil Service employees on the B-Wing of the NEIU Campus. I was assigned to work with Angie Pappas, the Secretary at the Reception Desk by the front door, in order to provide other commuter students with information about the Pell Grant and Illinois Guaranteed Loans, Illinois State Scholarships, and other financial aid assistance to study at Northeastern Illinois University in English and Spanish in person, by telephone, and via U.S. Mail. I became proficient as a bilingual speaker for community students who spoke English and Spanish at Northeastern Illinois University, 5500 North St. Louis Avenue, Chicago, Illinois 60625 USA. I was interpreting and translating for the Financial Aid Department at NEIU for the next five (5) years while I studied for a Bachelor of Arts degree in English, Spanish, French, Secondary Education, Journalism, Speech, Communications, Linguistics, Athletics, Dance, and other cross-disciplinary studies from 1977 through 1982.
During 1982, I met Maureen Mueller at Northeastern Illinois University, where she was also studying Spanish in the same courses for a Bachelor of Arts degree. Maureen Mueller worked at Trans-Lingual, Inc. as secretary for the professional business language and translation agency. I applied at Trans-Lingual, Inc. and was hired to teach English, Spanish, and French, as well as to translate and interpret into English, Spanish, and French after attending NEIU during the day—I was working more than one job to pay for my college education, commuting expenses, travel to Laval University at the Ville de Québec in Canada, as well as family household expenses at home.
In the Summer of 1982, I travelled to Laval University after I was awarded the French-Canadian Summer Immersion Scholarship to study during June, July, and early August while I lived in Ville de Québec on campus to immerse, acculturate, assimilate fully in the use and practice of the French language and culture by French-Canadians in Montréal, Ville de Québec, Trois Rivières, Bay de Gaspé, the Laurentian Mountains known as Les Laurentides in the Canadian province of Québec at the University of Laval, the oldest university in North America since its foundation in the 1700s. I remember travelling and singing with Québecois Suzanne Faguy and other French-Canadian co-educational college students at Laval University in Ville de Québec, Canada during the Summer of 1982. While I was studying at Northeastern Illinois University from September 1977 through 1982 with Professor Dorette Klein, I was awarded the Laval University French Summer Immersion Scholarship, Université Laval Bourse d’Eté while living in residence on campus at the Ville de Québec, Canada. In the Spring of 1981, while I was Vice-President of the French Club, while Bruno was the President, I had travelled to Montréal, Ville de Québec, Canada with Professor Dorette Klein and the French Club from Northeastern Illinois University at 5500 North St. Louis, Chicago, Illinois 60625 USA. I was also interpreting and translating from English into French.
Mid-August 1982 I was still in the Ville de Québec, Canada from where I travelled by airplane to Calgary, Alberta to meet with Benjamin “Ben” Wolf, a Northeastern Illinois University college friend who was planning to visit and camp out in the Canadian Rocky Mountains near Lake Louise and Château Louise in Calgary, Alberta, Canada.
In the Fall of 1982, I was enrolled with Dr. Rosalyn O’Cherony, Dr. Bonnie Busse, and Dr. Albert Milanesi at Northeastern Illinois University for Student Teaching at Lincoln Park Middle School, Grades 6th, 7th, and 8th, as well as for Lincoln Park High School with Master Teachers Maureen Dolan and Maureen Green. I had already worked with Master Teacher Himilse Badell who taught at LaSalle Academy Magnet School for the Chicago Public Schools in Illinois USA.
By 1982, I was already speaking American English, understanding Canadian French, and of course, Spanish with Dr. Angelina Pedroso, Dr. Eduardo Pantigoso, Dr. Vicki Nájera, Dr. Rodriguez, and French with Dr. Albert Milanesi, Professor Dorette Klein, and Linguistics Professor Tom Richardson, Ph.D. and basic Portuguese at the NEIU Foreign Languages Division headed by Dr. Bruno Galassi who had been my professor for basic Italian I.
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Lombard Criminal Disaster Damages and Losses Estate of Mr. Roberto Hung Juris Doctor, Daughter Gardenia C. Hung-Wittler, Nathan S. Wittler At 502 South Westmore-Meyers Road and Washington Boulevard, in the Village of Lombard, District 5, York Township, Du Page County, IL 60148-3028 USA. Initials for Gardenia C. Hung (GCH)
Illinois Heinous Hate Crimes Commission, Illinois Victims of Crimes Division
U.S. Department of Justice, Office For Victims of Heinous Hate Crimes,
Office For Violence Against Women, High Crimes Division, Abuse of Human Rights in Housing Under The Law, Homeowners’ Act, Victims of Crimes Act
Communications, Languages & Culture, Inc. Damages & Losses To Business Equipment, Electronics, Resources, Supplies
FIRST FLOOR
Living Room
Toshiba Wide Screen Television, 44-inch Screen
Sony Stereo with Double Cassette Player and Diamond Record Turn Table
Sony Quadraphonic Speaker
Panasonic DVD Carousel Player with (5) Five Digital Disc Music
Video Rewinders
Video Digital Films
Olympia Camera owned by Nathan Scott Wittler
Kodak Camera
Binoculars
Camera Tripod
U.S. Portable Lawn Chair Outdoors
Golf Balls GCH Initials
Golf Shoes
Golf Club Putting
Aquarium 25-Gallon Table Top Tank
Living Room Lamps (2)
Coat Hanger with Wide Brim Hats, Winter Hats, Burberry Umbrellas
Legal Files in Blue Folders, Books, Spain Travelogue
Green Marble Table
Two Chinese Peonies Lacquer Wooden Planter Stands
Antique Louis XVI Furniture Winged Chair Wooden
Queen Sofa-Bed
Love Seat
Teak Furniture
Electric Foot Basin
Hair Dryer
San Francisco Glass Picture Frame
Tulips Glass Picture Frame
Gardenia C. Hung-Wittler’s Legal Blue Folders, Files, Books, Spain Travelogue, Video: Southern Spain Art and Architecture with College of DuPage Travel Charter Group, Miniature iPod, Chinese Travelogue, Hardbound Book on Cuba, Hardbound Book on Germany
Red Dragon Personal Journal
Personal Correspondence in Pocket File
Law School Documents in Files
Dining Room
Teak Wooden Dining Room Set for 8 Persons with Chairs (8)
Teak China Glass Cabinet
(2) Two Lace Table Covers from Spain
Teak Desk Top with Shelves
Two (2) Computer Desk Tops
Circular Tea Table
Computer Accessories for Philips Portable Handheld Personal Computer and Philips PC Deck, Software, Attachments, Office Supplies, Business Resources, Paper Supplies, Ink Cartridges, Printing Supplies
Kenmore Sewing Embroidery Machine Portable from Sears
Peacock Embroidery Silk Threads in a Chinese Cookies Tin
Embroidery Threads in a Chinese Cookies Tin
Quilting Templates
Sewing Supplies, Tools, Resources, Books, Embroidery Templates
Kitchen Appliances and Electronics
Vertical Refrigerator
Hitachi Automatic Bread Maker
KitchenAid Deluxe Mixer with (2) Two Aluminum Bowls, Pasta Accessories, Sausage-Making Accessories, Bread-Making Accessories.
Braun Food Processor with Baking Accessories, Blades, Food Processing Accessories, etc.
Cuisinart Food Processor
Mr. Coffee Automatic Drip Coffee Maker
Vegetable Steamer Electric
Delicatessen Meat Slicer
Potato Spiral Peeler
Braun Coffee Maker
Ice Cream Maker
Portable Buffet Roaster/Server from Sears
Pampered Chef Baking Containers, Glass Bowls, Bread Pans, Pizza Pans, Cooking Utensils, Wooden Spoons, Cooking Supplies, etc.
Deluxe Spice Rack
French Provence Spices
Chef’s Butcher Block Rolling Cart
(2) Kenmore Deluxe Dishwasher and Regular Dishwasher
New Kenmore Deluxe Stove with Self-Cleaning Oven from Sears in Oak Brook, Illinois USA
Kitchen Butcher Block Knife Set
Porcelain Coffee Mugs
Antique Copper Baking Pans from New England
Master Bedroom
Queen Teak Bedroom Set with Two Nightstands and Touch Lamps
Teak Vanity Tri-Fold Mirror Dresser, Dresser Drawers
Queen Quilted Cover Collection
Bedroom Linen in the Closet
Guest Bedroom/Office for Communications, Languages & Culture, Inc.
Registered Microsoft, Adobe, WordPerfect Software Stolen and Taken by the Village of Lombard and Thieves
Microsoft Desktop Publishing Software
Adobe Graphics Software
PhotoShop Deluxe Graphics Software
WordPerfect Software
QualComm Software
Business Marketing Software
Microsoft Windows Software
Packard Tower Computers Damaged
IBM PS2 Personal Computer
Sony Windows Me Software Computer
Hewlett-Packard Deluxe Office/Fax/Scanner/Printer
Office Supplies, Printing,
Photo Shop Software
Foreign Languages Software with Accents
Convertible Sofa Bed Futon in Guest Bedroom
SECOND FLOOR
Office
Antique Roll Top Desktop belonging to Mr. Roberto Hung Juris Doctor
SECOND FLOOR
Office for Communications, Languages & Culture, Inc. Consulting Media Arts Comm
Packard Tower Computer
Computer Table Top
IBM PS2 Computer
Hewlett Packard OfficeJet Printer/Scanner/Fax/Copier Color
Hewlett Packard DeskJet Color
Hewlett Packard Officejet Printer/Scanner/Fax/Copier Color
Packard Bell Tower Graphics Computer
Hewlett Packard Photo Graphics Color Printer
Digital Video Film Editing Software
Kitchen
Ice Cream Maker
Food Processor
Coffee Maker
New Refrigerator
Porcelain Dishes
Stove
Automatic Rotisserie Roaster
Kitchen Supplies
Glass Servers
Salad Servers
Decanters
Expresso Coffee Makers
Glassware
Bathroom
Electric Tooth Brushes
(3) Three First Aid Kits
Electric Shavers
SECOND FLOOR
Kitchen Pans
Baking Pans
Bedroom
Single Bedroom Set with Two (2) Nightstand, Vanity Dresser, Dresser Drawers
File Cabinets
Bedroom Cover Set
Telephones, Portable, Mobile, Remote, Walkie-Talkie Set
Living Room
Antique Louis XVI Sofa with Two Winged Chairs, 3-Table Set Wooden
Large Television
Video Cassette Recorder
Video Rewinder
Portable Boom Radios, Small Compact Portable Radio
Bathroom
Toiletries
Bathroom Cleaning Supplies
Pantry
Food Supplies
Glass Decanters
Cooking Spices
Cabinet with Pampered Chef Spices
Pampered Chef Table Cloth Cover
Glassware
Baking pans, glassware, pie molds
Stairs Closet
Appliances for Vegetable Juice Maker
Vegetable/Fruit Dehydrator
Microwave Oven
Kenmore Portable Electric Oven Table Top Buffet Server from Sears in Oak Brook, Illinois
BASEMENT
Vertical Refrigerator White
College Dorm Refrigerator Half-Size
Deluxe Pool Table Set
Deluxe Camping Tent
Deluxe Sears Cardio-Vascular Walking Treadmill
New Kenmore Washer/Dryer Set
Montgomery Ward Washer/Dryer Portable
Kenmore Deluxe Dishwasher
Oven Master Roaster
Glassware for Bar Downstairs
Copper Trays
Silver Trays
Picnic Basket
Christmas Tree 6-Foot with Antique Ornaments
Glass Ornaments from Berlin, Germany Christkindlemarket
Sears Kenmore Buffet Server
Library Books
School Books
Camping Tent
Clothes
Wedding Albums
Porch and Wood Shed
U.S. Flag Large with Wooden Post
Wooden Picnic Table with Canvas Umbrella, Two Chairs
Toro Snow Blower Purchased by Mr. Roberto Hung in Lombard, Westmore-Meyers Road
Sears Gas Lawn Mower
Sears Deluxe Stratton-Briggs Lawn Mower with Large Bag
Home and Gardening Supplies, Plant Food, Seeds, Flower Baskets
Automated Jack for Flat Tires
Two-Car Garage
(12) Twelve Motor Vehicles, including 2003 Derbi Boulevard 150 CC Motorcycle
Mitsubishi Galant 4-Door Sedan with New Tires, Quaker State Oil Supplies, Deluxe Flat Repair Kit Towed by Bongo Towing Services in Villa Park, Illinois related to Henry William Hochstatter.
Deluxe Cardio-Vascular Treadmill
Personal Fashion Clothing, Furs, Fur Hats, Hat Boxes, Leather Gloves, Rabbit Fur Coat
Winter Shoes, High Snow Boots from Neiman Marcus, Shoes, Golf Shoes
U.S. Immigration and Naturalization Citizenship Documents reported stolen by the Lombard Police and Fire Department, Keith Steiskal, and others who trespassed and invaded the Hung Family garage at 502 S. Westmore-Meyers Road and Washington Boulevard during November 5, 2008 through 2009, 2010, 2011, 2012.
The Village of Lombard Owes Compensation, Restitution, and Reimbursement of Equity and Real Estate Property Value to Mrs. Gardenia C. Hung-Wittler, Lombard resident homeowner as Illinois Victims of Heinous Hate Crimes on legal grounds for justice and fairness in the Enforcement of the Illinois Victims of Crimes Act National Amendment due to Lombard Real Estate Property Criminal Roofing Water Damages & Losses, Theft of Personal, Family, and Business Property Resources incurred by Lombard resident homeowner Mrs. Gardenia C. Hung-Wittler, surviving daughter of Mr. Roberto Hung, Juris Doctor, at 502 S. Westmore-Meyers Road and Washington Boulevard, Post Office Box 1274, in DuPage County, Illinois 60148-3028, United States of America.
My name is Gardenia C. Hung-Wittler, Lombard resident homeowner at 502 South Westmore-Meyers Road and Washington Boulevard. I am petitioning Illinois Victims of Heinous Hate Crimes Compensation, Restitution, and Reimbursement for Lombard Real Estate Property Criminal Roofing Water Damages & Losses , Theft of Personal, Family, and Business Property Resources owned by Mr. Roberto Hung Juris Doctor, Daughter Gardenia C. Hung-Wittler. I have been writing to the Village of Lombard Board of Trustees and other law enforcement agencies on behalf of the Estate of Mr. Roberto Hung Juris Doctor and Surviving Family Members who have become Lombard Victims of Heinous Hate Crimes since the purchase of Du Page Real Estate Property on September 2, 1993. I do hereby petition Illinois Victim of Crimes Compensation with Equity and Real Estate Property Value as a Lombard real estate property owner in District 5, Du Page County, Illinois, USA.
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Try Cadbury Ice Cream Bars at the Taste of Chicago this week.
Cadbury Ice Cream at the Taste of Chicago
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Part I, “De Laudibus Legum Angliae”–“In Praise of the Laws of England”–Quote from Sir John Fortescue (c.1395-c.1477)
“Common Law: Past, Present, Future, and Beyond…”
The legal grounds of common law are based “in its beginnings lost in the mist of the history of northern Europe and Scandinavia, touched by the influence of the Roman Empire and the history of the English peoples who are frequently invaded by cross-cultures, who remained, intermarried with the local citizens and greatly affected their customs and habits.” While the Romans ruled Britain for almost 400 years, the development of the Justinian code and of the Roman law was still 100 years away before they left England . During 600 A.D., the English were converted to Christianity and canon law became established in England . Canon law, as a judicial system of the church, has been a significant factor in English legal history and has acquired a name all of its own–equity. For many years, two (2) parallel courts existed in England , courts of equity, which were free to apply principles of conscience, and common law courts. The “common law” is so called because it was “commonly” applied throughout the kingdom of England in the King’s Court.The last successful cross-cultural invasion of England was by the Normans over the Saxons in 1066 A.D., fought over the Battle of Hastings. Since the 11th century A.D., the English were able to develop their own legal system in a typical English manner–they avoided the method of trying to write down all known laws on paper.” The English won the protection of their own basic civil rights from their rulers, as noted in the Magna Carta endorsed and signed by King John in 1215.
From that time onwards, the English applied justice, equity, and fairness in the developing courts, with trials by jury for contests between individual citizens disputing over property, personal injuries and contracts. At other times, acts of Parliament defined specific crimes and prescribed penalties. Judges and members of Parliament established British English laws gradually by legal precedents. The result is then what is known still today as “common law”: that is to say, custom, tradition, decisions by judges in specific cases and acts of Parliament.
This legal system based on “common law” has been well established for the last 400 years in the United States of America , between 1215 A.D. and 1607 A.D., when the British arrived and settled in Historical Jamestowne, Virginia. For the American colonists, legal experience differed according to the background of the settlers. Since lawyers were few at the time, important cases were heard and decided in London , England . For the last 400 years, “common law” has become the most important root of the American legal system founded on solid judicial grounds from England and imported to the United States of America , during the 17th century through the 21st century and beyond…
Common law has been practiced throughout the kingdom by the King’s Court as long as the English languages has been used by the Angles, the Jutes, the Saxons, and the Normans, influenced by Latin and Greek, as well as by the Celts–the Welsh, the Irish, the Scots, and the Cornish–all Gaelic-speaking tribes who were natives of the British Isles before the English settled in the United Kingdom.
The Angles and the Jutes invaded England from Denmark . The Saxons traveled from Saxony which is now known as Germany . And the Normans sailed across the English Channel from France …
Following the Saxon invasion from Germany , the word “Anglii” and ” Anglia ” became part of the language as used by the Celts to refer to the invaders. One hundred and fifty years after the first raids, King Aethelbert of Kent was named “rex Anglorum” by Pope Gregory. Since then, these people have been called “Angelcynn” (Angle-kin) and their language was “Englisc”. By 1000 Anno Domini, the country was generally known as “Englaland”, the land of Angles .
The development of the English language moved the practice of common law throughout the invasions of England and the cross-cultural revolutions which took place before and after the year 1066 A.D., marked by the Battle of Hastings, fought between King Harold II and King William I.
According to “The Story of English” by Robert McCrum, William Cran, and Robert McNeil, the Mother tongue known as English was brought to Britain by Germanic tribes, the Angles, the Saxons, and the Jutes, influenced by Latin and Greek when St. Augustine and his followers converted England to Christianity. The English language has been subtly enriched by the Danes, and finally transformed by the Normans . French-speaking William I of Normandy , also known as the Conqueror who won the battle of Hastings over Harold II in 1066 A.D.
In “The History of the English-speaking Peoples”, Sir Winston Churchill stated: “We must never cease to proclaim in fearless tones the great principles of freedom and the rights of man, which are the joint inheritance of the English-speaking world and which through the Magna Carta, the Bill of Rights, the habeas corpus, trial by jury, and the English common law, find their expression in the Declaration of Independence, (of the United States of America)”.
During the first week of May 2007, Queen Elizabeth II and Sir Philip, Duke of Edinburgh were hosted by President George W. Bush and First Lady Laura Bush during their visit to Historic Jamestowne, Virginia , Kentucky , and Washington , D.C. They celebrated the 400th Anniversary of the British settlement since 1607, when the first English settlers arrived to the British Colonial fort, sited by Captain John Smith and “Matoakah” Pocahontas, Chief Powhatan’s Native American Indian Princess, and African-American slaves in North America and Canada, during the 17th century.
An example of “common law” is the concept of “conversion” which defines an intentional tort to personal property (same as “chattel”) where the wrongdoers’ unjustified, willful interference with the “chattel” deprives the owner of the possession of such “chattel”. The owner must have actual possession or immediate right to possession since the time of the wrongful misuse, alteration, or abuse occurred. Interference in common law “conversion” means the exercise of dominion over another’s chattel. Intent to dispossess the owner of the chattel is not a required element of the claim. In other words, intentional removal of another’s chattel under the mistaken belief that it belongs to the wrongdoer, does not relieve the wrongdoer of liability under conversion.
Stealing something from someone else is one form of conversion. However, conversion is not limited to theft. Conversion can also be accomplished by moving, transferring, discarding, hiding, vandalizing or destroying another person’s chattel. Merely using another person’s chattel can be grounds for conversion in certain cases.
Legal remedy for conversion is usually in the form of damages restitution equal to the fair market value of the chattel at the time of conversion.
Conversion is an interference with another’s ownership of property. It is a general intent tor, not a specific intent tort. That means that the intent to take or otherwise deal with the property is enough to support the claim. The standard remedy and relief for conversion is a judgement for damages in an amount equal to the fair market value of the property. Punitive damages are also possible to be assessed because conversion is an intentional tort. For the last seventeen (17) years, the Village of Lombard has been trespassing and interfering with the Hung Family real estate property in Lombard, by damaging, stealing, and cheating the Hung Family in order to appropriate their assets in DuPage County, Illinois, USA.
Part II: Intentional tort–Conversion and trespass as “action in trover”
An intentional tort arises from deliberate invasion of another person’s rights, causing injury without just cause or excuse. For instance, when John and Eva Carpenter moved next door to the Hung Family in Lombard during the summer of 2001, Eva Carpenter, the new neighbor drove backward into the Hung Family’s fence posts, between the adjoining driveway and caused damages to the existing fence on the first moving day into their new home in Lombard. The owner of the damaged fence posts complained and caused a lawsuit to be filed against the new neighbor for repeatedly driving into the owner’s fence posts with a van, a lawnmower, or deliberate carelessness.
Intentional torts include interference with a person’s freedom of movement, defamation of character (libel and slander), invasion of privacy, interference with property rights, misuse of the legal process, fraud, and the intentional infliction of emotional distress.
Trespass is a tort, a civil wrong because it interferes with a person’s property rights. For instance, John and Eva Carpenter’s son jumps the fence adjoining the Hung Family’s property repeatedly without permission. Or, the Lombard Police Department in Du Page County, Illinois allows intruders, strangers, terrorists, and criminal repeat offenders to jump the owner’s fence into the backyard, under approval of the Village of Lombard, Town Hall staff, and the Village Manager, Bill Lichter, President Bill Mueller, including Trustee for District 5 Ken Florey, and others, without the authorization of the Hung Family as owners of the real estate property.
Common law “tort” action features unreasonable interference with the interests of another. For instance, intentional infliction of emotional distress is a tort. Case-in-point, John Carpenter, the neighbor calls the Lombard Police Department on the Hung Family when the daughter arrives one evening, last summer 2006, and walks into the backyard—there was nothing wrong in the backyard, at the house, or with the daughter of the late Mr. Roberto Hung, J.D.
An injured person may sue anyone who commits a tort against him/her to collect damages—money to compensate for the wrong.
Trespass is an unlawful intrusion that interferes with someone else’s possession of property. A trespass gives the property owner the right to bring a civil lawsuit and collect money damages for the interference and for any harm caused. Some states in the U.S.A. have laws that make trespass a crime and prosecute illicit access entry into property with punitive fines, sanctions, and imprisonment. Generally, a trespass is committed on real property (real estate or land and everything that is attached to it), but a trespass can also be to personal property (all other forms of property) as well.
Criminal trespass is accomplished by violence or tends to be a “breach of peace”. Some statutes consider any unlawful entry on another person’s real estate property as a criminal act. When the trespass involves violence or injury to a person or property, it is always considered criminal, and penalties may be increased for more serious or malicious acts. Criminal trespass is prosecuted in the State of Illinois by punitive fines, sanctions or imprisonment or both.
The standard remedy in an action for trespass to chattels is a judgment for an amount equal to the value of loss or use of the property. Damages from a trespass claim are based on the harm caused to the owner’s property, rather than the general value of the chattel. Under common law, many acts can constitute both “conversion” and “trespass” as “action in trover”.
Conversion as an “action in trover” under English common law is an ancient, historical form of legal action to recover possession of personal property, and its practice to settle disputes, contests, and arguments, has developed our modern sense and interpretation in the application of common law in the 21st century and beyond.
Action in trover is the technical name for a lawsuit to recover damages incurred for a wrongdoer’s “conversion” (wrongful taking, misuse, abuse, alteration or destruction) of personal property belonging to someone else. In trover actions, the measure of damages is normally in proportion to the value of the property at the time of conversion.
Legal “action in trover” is a remedy for conversion or the wrongful appropriation of the owner’s personal property. During the course of the 16th century, “action in trover” developed as a special form of legal action in a case.
Trover damages are measured in proportion to the market value of the property, plus compensation for deprivation of use, and compensation for other losses naturally and proximately caused by the wrongful taking of another’s property. The owner can also recover interest that would have been earned by the money value of the object and any expenses incurred in attempting to recover the property.
Another example of common law is “negligence per se”, that is to say behavioral conduct which is evidence of an unreasonable action (or failure to act) that causes injury to a person or damages to his/her property. Negligence per se, as carelessness in itself, is behavior that falls below the standards set by law for protecting others against risk or harm. As a result of “negligence per se”, anyone who is injured, or whose property is damaged because of someone else’s negligent act or failure to act, is entitled to bring a civil lawsuit against the wrongdoer, for an “action in trover”.
In itself, negligence is a state of mind involving carelessness, forgetfulness, inattentiveness, refusal to perform duties and obligations required by law and professional standards.
In negligence law, a person has an obligation and duty to exercise reasonable care for the physical safety and for the property of others people.
Negligence per se involves “misfeasance” which is to say, the improper doing of an act, and “nonfeasance”, that is to say, the failure to perform the required duty. In cases involving “imputed negligence”, the first person in charge may have a duty to see that the second person in force exercises care in regard to any third party or property. Thus, “imputed negligence” falls upon the first person when the second person fails to perform the duty of care for the third person, “vicariously”. In the same way, “respondeat superior”, in Latin, illustrates a principle of law that holds an employer liable and responsible for anything that an employee does during the course of employment. Case-in-point, the Village of Lombard is responsible for all its employees’ actions and non-actions, at all times.
When a person suffers harm because of someone else’s negligence, the same person can sue the negligent person and make him or her pay for the harm, damages and/or losses caused. Given that the negligent person owed the injured party a duty to use care; that he/she violated that duty by failing to act according to the required standard of care; and that the party incurred injury or that property was damaged as the result of the negligent person.
In the doctrine of “negligence per se”, the violations of statutes by the negligent person creates a case for legal action in itself, by default. In order for this doctrine (of negligence per se) to operate, the statute which has been violated must have been designed to prevent the type of injury or damaged suffered by a victim of crime, abused by another person due to “negligence per se”.
Case-in-point, in the legal action for Village of Lombard v. Hung, et al., the Plaintiff is subject to “negligence per se” for the violations of Illinois statutes pursuant to consumer service fraud, breach of the Fair Housing agreement contract, and Lombard real estate liability for the sale of old houses in Du Page County, Illinois, USA.
Since 1993, in the Village of Lombard, the Hung Family real estate property and all family members, have all been injured, disabled, and damaged due to the Village of Lombard’s failure to provide the duty of care, according to the required standard of care; and the Hung Family members and real estate property have all been victims of crime as a result of “negligence per se” by default in the Village of Lombard, Du Page County, Illinois, USA.
English common law is based on legal court precedents. Each legal cause of action is decided by a judge to establish a precedent which may be used as a guide for other judges to make subsequent decisions. Thus common law is active, dynamic, functional, and constantly evolving in time, upon legal precedents.
Traditionally, English common law was unwritten, “lex non scripta”—not written as a body of law; however, nowadays, there are extensive, historical, and contemporary compilations of the English common law for the 21st century and beyond.
Common law follows natural reason, logic, and man’s sense of justice, equity, and fairness. It is adopted by men and women to regulate legal behavior in social settings, disputes, contests, and arguments. Common law action is a civil lawsuit between opposing parties over a real legal issue in which the relief (help) requested as remedy is generally money granted as an award for damages.
Common law developed after the French Norman Conquest in 1066 A.D. as the law common to the whole of England, rather than the local law used by the Saxons, the Angles, the Jutes, and the Celts. As the court system became established later under King Henry II, and judges decisions became recorded in law reports, the doctrine of precedents developed.
Historically, common law is a system of laws that prevails in England and in all countries colonized by Great Britain and the British Commonwealth. The concept of “common law” is derived from the medieval theory that the law is administered by the King’s Court which represented “the custom commonly used throughout the realm”, in contrast to the custom of local jurisdiction that was applied in local or manorial courts. According to Sir John Davies (1569-1626), “it was nothing else but the Common Custome of the Realm” quoted in Preface to Reports, (1612). Later, Sir John Fortescue declared that the “realm has been continuously ruled by the same customs as it is now”, as noted “In Praise of the Laws of England”, c. 1470, in the original title, “De Laudibus Legum Angliae” in which the English Chancellor of the High Court of England discussed royal and political control, “sovereignty”, in response to the problem of tyranny, as presented by St. Thomas Aquina and Ptolemy of Lucca. Thomas Aquina exposed the idea of “De Regimine Principum” among the highest goals of medieval political thought—Sir John Fortescue sustained that while England was a “dominium politicum regale”, France, its secular opponent, represented a simple “dominium regale”. As the most important exponent of English political thought in the 15th century, Sir John Fortescue expressed simply that in contract to France, in England, the King was subject to the same right that the monarch approved with the two Chambers of Parliament, whose consensus was also necessary in order to establish taxes (11)—Sir John Fortescue, “De Laudibus Legum Angliae” as “In Praise for the Laws of England”, Chapters IX and XVIII.
English common law developed from legal usage within three (3) English courts as follow: the King’s Bench, Exchequer, and the Court of Common Pleas. The King’s Bench originally litigated the crown’s business (including criminal matters and had jurisdiction to correct errors from other courts of record). The Exchequer of Pleas, involved primarily revenue matters. Then, in a narrower sense, the common law was the body of law administered in Westminster Hall by the twelve (12) judges of the three superior courts of law. These were the Common Pleas, whose position as the prime court of civil suits had been secured by the Magna Carta (1215) and which continued to attract most civil litigation until the 18th century. The common law administered in these three (3) courts contrasted with “equity” as practiced primarily in the Court of Chancery. The Court of Chancery was originally designated as a “Court of Conscience”, concerned with securing justice in individual cases, rather than following strict rules.
In “Roots,” the role of the sheriff is presented as “the oldest continuing, non-military, law enforcement entity in the history of England”. In the 9th century, “shires” were municipal and administrative kingdoms divided by the King of England and assigned to trusted representatives. The shire representative appointed by the King protected his interest and the people of his particular land territory. In medieval English, the appointed trustees were called “reeves” as “guardians of the shire”. Historical usage of the words “shire-reeve” together, derived the contemporary term for the concept of “sheriff”, as we know their office of service today, before and after the French Norman invasion of England in 1066 A.D. In the past, the sheriff was responsible for keeping the peace, collecting taxes, maintaining jails, arresting fugitives, maintaining lists of wanted criminals, serving orders and writs for the King’s Court.
According to DeKalb County Sheriff Roger Scott, “the responsibilities of the office of the sheriff in England ebbed and flowed, depending on the mood and needs of kings and government”. The Magna Carta (1215) signed by King John restricted and circumscribed the responsibilities and duties of the sheriff in his times.
In the British Commonwealth, as well as in America, the concept of the sheriff has been adopted with the common law, through time, space, and physical presence. In the American colonies settled by the British since 1607 A.D., sheriffs were also appointed following the role model of English government. The first sheriff in the United States of America has been noted to be Captain William Stone, appointed in 1634 for the Shire of Northampton in the colony of Virginia. The first elected sheriff was William Waters in 1652 for the same shire. The word “shire” was used in many of the Commonwealth colonies, before the word “county” replaced its usage.
Under English common law, notaries public also provide another timeless office of service for the legal court system and the community at large. Since the Roman Republic, in the past, notaries public have drawn important documents and records writing for business and employment. During the times of the Roman Empire, notaries public were known under various titles in Latin, such as “scriba”, “cursor”, tabularius”, “tabelio”, “exceptor”, “actuaries”, and “notarius”, according to the historical times in which they lived and the duties performed. Notaries public are subject to regulation by law since the later days in Ancient Rome. Some of the notarial acts have been granted degrees of authenticity to be designated as public instruments and were required to be kept as records to be deposited in public archives for the government.
Notaries public are commissioned by the State of Illinois, Office of the Secretary of State Jesse White. Their term of office is four (4) years from the time of commission.
Throughout history, in the early past, notaries public were well known functionaries during the times of the great Charlemagne who vested notarial acts by scribes with public authority and provided notaries public appointments by his deputies in every locality in their territories. Charlemagne provided that each bishop, abbot, and count should have a notary public.
In England, appointed notaries public acted as “conveyancers”, before the French Norman Conquest in 1066 A.D., as shown by the fact that a grant of lands and manors was made by King Edward the Confessor, to the Abbot of Westminster by a charter written and attested by a notary public. In Great Britain, notaries public are authorized to administer oaths, and this official power is vested by statute.
The laws of the United States of America, under the Constitution and under God is similar, for notaries public and is often declared by the statutes of the various states and other jurisdictions.
It is my opinion that common law is established in the history of languages with the legal tradition of the past, interpreted in the present as precedents, to be preset in the future and beyond…the 21st century.
English common law is based on timeless, immemorial customs and legal practices founded on natural reason, persuasion, and logic. According to Edward Coke, “reason is the life of the law, nay, the common law itself is nothing else but reason”—from the First Part of the Institutes of the Laws of England or A Commentary upon Littleton by Edward Coke. Edited by Francis Hargrave and Charles Butler, (London, 1794).
Common law, within the context of its core principles, is perceived to be “timeless”. It is derived from legal authority “throughout the kingdom” as stated by Sir William Blackstone (1723-1780), in his Commentaries on the Laws of England, (1765-1769).
After the Civil War, U.S. Supreme Court Chief Justice Oliver Wendell Holmes wrote a book called, “The Common Law” (1881), in order to recognize that law evolved and that it was a byproduct/ consequence of historical events, rather than simply the result of reason. According to Oliver Wendell Holmes, “a moment’s insight is a life’s experience”. Holmes’ book “The Common Law” focuses on experience rather than logic and has been compared as a legal analog to Charles Darwin’s “Origin of the Species” which discusses biological processes, rather than divine ones. Oliver Wendell Holmes helped to popularize the understanding that law evolves…through time, space, physical presence, and beyond the 21st century.
After the Second World War, there was a growing interest in the use of the common law as a tool for social reform. While some academics spoke of the legal process—the belief that there were methods of common law and statutory interpretation that were independent of politics existed—other academics and jurists on both ends of the political spectrum urged judges to use their common law power to remake the law on its foundations. Where once judges had wielded the law to limit corporate liability, some began to expand “tort” law to facilitate recovery of damages and losses for injured parties in hazardous conditions, as victims of crime, to dangerous drugs to professional malpractice.
Now in the 21st century, Modern America continues to practice “common law” as a byproduct of generations of judicial decisions and during the course of time and beyond. Common law is understood to be the result of judge-made innovations, interpretation, application, and perception of the circumstances involved in judicial case review. However, a more conservative conception of the common law has been re-emerging in the U.S. Supreme Court under Chief Justice John G. Roberts and fellow jurists, scholars, and colleagues during 2007. During the first term of office appointed by President George W. Bush, Chief Justice John G. Roberts moved the U.S. Supreme Court toward a new conservative direction within the context of President Bush’s “faith-based initiative”.
Since 1607, and for the last 400 years, judges still grapple and deliberate with new legal actions and struggle to apply precedents. Modern day judges are still using, applying, and interpreting the English common law system to date as a legal foundation to establish law practices for justice, equity, and fairness under the Constitution of the United States, and under God, throughout the 21st century and beyond…in the spirit of the times. Zeitgeist!
Sources:
From the Law Library of my father, Mr. Roberto Hung, J.D.
You and the Law. A Practical Guide to Everyday Law and How It Affects You and Your Family.Advisory Editor Henry V. Poor, Associate Dean of Yale University Law School, 1967-1972. Reader’s Digest Association, Inc., New York, 1971.Family Legal Guide. A Complete Encyclopedia of Law for the Layman. Reader’s Digest Association, New York, 1971.
From the Law Library of my father, Mr. Roberto Hung, J.D.
You and the Law. A Practical Guide to Everyday Law and How It Affects You and Your Family.Advisory Editor Henry V. Poor, Associate Dean of Yale University Law School, 1967-1972. Reader’s Digest Association, Inc., New York, 1971.Family Legal Guide. A Complete Encyclopedia of Law for the Layman. Reader’s Digest Association, New York, 1971.
Periodical, ‘The Week’, May 18, 2007 on the “400th Anniversary of Jamestowne, Virginia”.
Periodical,”The Week”. July 6-13, 2007. News. Main Stories. “The Roberts Court Chars a new direction”.
Periodical, ‘Newsweek’. Ideas, ‘Ties of Blood and History: Sir Winston Churchill’, February 26, 2007.
McCrum, Robert et al. The Story of English. BBC Public Television Series.The Illinois Sheriff, Spring 2005. ‘Roots. A Historical Perspective of the Office of the Sheriff’. DeKalb County Sheriff Roger Scott.
Fortescue, John (1394-1477). De Laudibus Legum Angliae. In Praise of the Laws of England.
http://www.answers.com/topic/commonlaw
John Marshal School of Law in Chicago, Illinois, USA.
Canada‘s Court System, Department of Justice Publication.
American Heritage Dictionary.Village of Lombard, et al. vs. Hung et al., Eighteenth Judicial Circuit Court, Chancery Division, 505 North County Farm Road, Wheaton, IL 60187, County of Du Page, State of Illinois, United States of America.
American Heritage Dictionary.Village of Lombard, et al. vs. Hung et al., Eighteenth Judicial Circuit Court, Chancery Division, 505 North County Farm Road, Wheaton, IL 60187, County of Du Page, State of Illinois, United States of America.
Churchill, Winston. A History of the English-Speaking Peoples.
Roberts, Andrew. A History of the English-Speaking Peoples since 1901.
QPB Dictionary of Ideas. Quality Paperback Book Club. (New York: Helicon Publishing Ltd., 1995 in the United Kingdom under the title The Hutchinson Dictionary of Ideas), page 108, Common Law.
Cambridge text in the History of Political Thought, CUP, 1997. Law: Sovereignty in the British Doctrine (From Bracton to Dicey). Notes by Joaquin Varela Suanzes in http://www.murdoch.edu.au/elaw/issues/v6n3/suanzes63_ notes.html
Fortescue, John. The Governance of England: Otherwise called the Difference between an Absolute and Limited Monarchy. Editor Charles Plummer. London: Oxford University Press, 1885. Reprinted 1999 by the Law Book Exchange, Ltd.
Anderson’s Manual for Notaries Public. Fifth Edition. Gilmer, Wesley, Jr., B.A., M.S.L.S., J.D. W.H. Anderson Company. Cincinnati, 1966.
Richard, Tom, PhD. Professor Emeritus of Linguistics, University of Wisconsin, USA.Hung, Gardenia C., M.A., B.A., Communications, Languages & Culture, Inc., 502 S. Westmore-Meyers Road, Lombard IL 60148-3028 USA. Email: GardHn@netscape.net
[2] Cambridge text in the History of Political Thought, CUP, 1997. Law: Sovereignty in the British Doctrine (From Bracton to Dicey). Notes by Joaquin Varela Suanzes in http://www.murdoch.edu.au/elaw/issues/v6n3/suanzes63_ notes.html
Fortescue, John. The Governance of England: Otherwise called the Difference between an Absolute and Limited Monarchy. Editor Charles Plummer. London: Oxford University Press, 1885. Reprinted 1999 by the Law Book Exchange, Ltd.
Sources:
From the Law Library of my father, Mr. Roberto Hung, J.D.
You and the Law. A Practical Guide to Everyday Law and How It Affects You and Your Family. Advisory Editor Henry V. Poor, Associate Dean of Yale University Law School, 1967-1972. Reader’s Digest Association, Inc., New York , 1971.Family Legal Guide. A Complete Encyclopedia of Law for the Layman. Reader’s Digest Association, New York , 1971.
From the Law Library of my father, Mr. Roberto Hung, J.D.
You and the Law. A Practical Guide to Everyday Law and How It Affects You and Your Family. Advisory Editor Henry V. Poor, Associate Dean of Yale University Law School, 1967-1972. Reader’s Digest Association, Inc., New York , 1971.Family Legal Guide. A Complete Encyclopedia of Law for the Layman. Reader’s Digest Association, New York , 1971.
Periodical, “The Week”, May 18, 2007 on the “400th Anniversary of Jamestowne , Virginia ”.
Periodical, “Newsweek”. Ideas, “Ties of Blood and History: Sir Winston Churchill”, February 26, 2007.
McCrum, Robert et al. The Story of English. BBC Public Television Series.
The Illinois Sheriff, Spring 2005. “Roots. A Historical Perspective of the Office of the Sheriff”. DeKalb County Sheriff Roger Scott.
Fortescue, John (1394-1477). De Laudibus Legum Angliae. In Praise of the Laws of England .
http://www.answers.com/topic/commonlaw
Canada‘s Court System, Department of Justice Publication.
American Heritage Dictionary.
Village of Lombard, et al. vs. Hung et al., Eighteenth Judicial Circuit Court, 505 North County Farm Road, Wheaton, IL 60187, County of Du Page, State of Illinois, United States of America.
Churchill, Winston. A History of the English-Speaking Peoples.
Roberts, Andrew. A History of the English-Speaking Peoples since 1901.
Richardson, Tom PhD. Professor Emeritus of Linguistics, University of Wisconsin , USA .
Hung, Gardenia C., M.A., B.A. Communications, Languages & Culture, Inc., P.O. Box 1274, 502 S. Westmore-Meyers Road , Lombard IL 60148-3028 USA .
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