And what makes you think that adverse possession means anything? See, you fail to understand the differences between statutes and facts and evidence that support the premise. Example, a HOA has a wet ink document ( contract / agreement) stating the person will abide by the CC&R's..This is evidence and they would have a valid complaint if the CC&R's are not complied with.
A valid cause of action is required whether it be criminal or civil.
From wiki: Corpus delicti (plural: corpora delicti) (Latin: "body of crime") is a term from Western jurisprudence referring to the principle that a crime must have been proven to have occurred before a person can be convicted of committing that crime.
From Wiki: In the law, a cause of action is a set of facts sufficient to justify a right to sue to obtain money, property, or the enforcement of a right against another party.[1] The term also refers to the legal theory upon which a plaintiff brings suit (such as breach of contract, battery, or false imprisonment).
From wiki: an element of a crime (or element of an offense) is one of a set of facts that must all be proven to convict a defendant of a crime. Before a court finds a defendant guilty of a criminal offense, the prosecution must present evidence that, even when opposed by any evidence the defense may choose to present, is credible and sufficient to prove beyond a reasonable doubt that the defendant committed each element of the particular crime charged.
From wiki: To commit a crime there are elements that need to occur
1) Mens rea ...Mens Rea refers to the crime's mental elements of the defendant's intent. This is a necessary element—that is, the criminal act must be voluntary or purposeful.
2) Actus reus. That is, a criminal act or an unlawful omission of an act, must have occurred. A person cannot be punished for thinking criminal thoughts.
3) Concurrence: In general, mens rea and actus reus must occur at the same time—that is, the criminal intent must precede or coexist with the criminal act, or in some way activate the act. The necessary mens rea may not continually be present until the forbidden act is committed, as long as it activated the conduct that produced the criminal act. However, for criminal liability to occur, there must be either overt and voluntary action or a failure to act when physically able as required by statute or law.
4) Causation Many crimes include an element that actual harm must occur—in other words, causation must be proved. For example, homicide requires a killing, aggravated battery requires serious bodily injury and without those respective outcomes, those respective crimes would not be committed. A causal relationship between conduct and result is demonstrated if the act would not have happened without direct participation of the offender.[5] Causation is complex to prove. The act may be a "necessary but not sufficient" cause of the criminal harm. Intervening events may have occurred in between the act and the result. Therefore, the cause of the act and the forbidden result must be "proximate", or near in time.[1]
Corpus delecti is required in both criminal and civil courts with different elements. In essence Corpus delecti of crimes refers to a palpable harm. In civil, where there is no violation of an established right there can be no wrong. Corpus delecti really speaks to is evidence and facts. Absence of facts or evidence there is no crime or civil violation.
Most chicken violations are civil in nature and are considered infractions. So consider the above definitions... and if you are accused of being a chicken ordinance violator.... ask yourself the following...Mens rea -did you have intent ? Actus reus did you commit a criminal act? Concurrence did you intend and then commit a criminal act? Causation did you actually harm?
Or look at Civil: did you violate a legal right? did you injure or damage?
If you say no to the above you have a defense and if true, the prosecutor / judge has a problem on his hands...
Without a valid cause of action there's no corpus delicti. If there's no corpus delicti a case has no standing. There are numorus cases dealing with corpus delicti and all say the same thing. Without a corpus delicti the plaintiff has no standing.
In order to have a corpus delicti a case requires a valid "cause of action." A valid cause of action requires three elements. The three elements are: 1) a violation of a legal right, 2) damage or injury, 3) redress-ability by the court. or in criminal mens rea, actus reus, concurrence and causation.
If the prosecutor fails to meet all these elements required to file a valid cause of action, then, the prosecutor has no standing, thus, the court has no jurisdiction.
