A "nisi prius court" is a court which will proceed unless a party objects.  The agreement to proceed is obtained from the parties first.

 It is a matter of right that one may demand to be tried in a court of record.  By sheer definition, that means that the court must proceed according to the common law (not the statutory law).  The only way that a court can suspend that right is by the prior agreement of the parties.  For tactical reasons the state prefers to proceed according to statutory law rather than common law.  The only way it can do that is to obtain the prior agreement from the parties.  That is the primary (but hidden) purpose of the arraignment procedure.  During arraignment the court offers three choices for pleading (guilty, not guilty, nolo contendre).  But all three choices lead to the same jurisdiction, namely a statutory jurisdiction, not a common law jurisdiction.  That is to say, the question to be decided is whether or not the statute was violated, not whether the common law was violated. 

NO "nisi pris court" any place in the legal or lawful system see below;  

(FYI there is no other court other than ONE court of record, see Title 26 U.S.C. Sec (b) Arrangement and Classification: NO Inference, Implication, or Presumption of legislative Construction is a FULL STOP and forces the ONE and only Court of Record in the republic of California, and that of the United States of America )  

(Anything else is a trap, and is a false declaration before a grand jury or court,  Piracy, Privateering, Fraud on a court of record, Sedition on the people of the republic, and Misprision of treason, by definition, under the law of nations, in Title 18 U.S.C. Sec 1651 through 1661 & Title 18 U.S.C. Sec 1623;)   

THE SUPERIOR COURT IS  IN  "Session"  (A COURT OF RECORD)

A____ session is a temporally fixed meeting of a "governmental body", usually a "court of legislature". 

NOTE: a governmental body would consist of a "governmental entity" (Vessel) and Person legal entity (vessel) in the process of legislative construction, (aka court of legislature, however see title 26 U.S.C. Sec 7806; (a) cross references; (b) Arrangement and classification; No inference, implication, or presumption of legislative construction shall be drawn, FULL STOP;  and forces a court of record, Under Command of a (Vessel) Person legal entity by Judicial Tribunal / Special Master through the power of the law of nations in the republic through a treaty in common law. Continued education link: https://www.law.cornell.edu/wex/session

(see: Title 18 U.S.C.; Title 26 U.S.C.; Title 28 U.S.C. ; "United States" v. Reid, C.C.A.Or., 73 F.2d 153, 155.; BLACKS LAW 4th edition Pg. 1674; THE LAW OF NATIONS OR THE PRINCIPLES OF NATURAL LAW IN FOUR BOOKS (1758) By EMMERICH DE VATTEL; [Black's Law Dictionary, 4th Ed., 425, 426]; California Government Code Section 6250:; California Government Code - GOV § 8202.5; California Code, Evidence Code - EVID 451 & 452; . Bowen v. Needles Nat. Bank, 94 F 925 36 CCA 553, certiorari denied in 20 S.Ct 1024, 176 US 682, 44 LED 637; Norton Grocery Co. v. Peoples Nat. Bank, 144 SE 505. 151 Va 195; Federal Intermediate Credit Bank v. L 'Herrison, 33 F 2d 841, 842 (1929).; CA Gov't Code Section 11120;)  

Also see California evidence code 451 & 452 document; link: 58486547-321e-450f-b3bf-59d99f1aa672     

For a court, in session refers to when the court is actively hearing a case. (A___ court of record) 

The operation past this point is of little significance for any other party other than a Judicial tribunal or special master.

FULL STOP: COURT OF RECORD  ONE and only court in the "United States" or any "State"' 

For example, California Code of Civil Procedure § 2016.080 provides that, for informal discovery requests, “[i]f a court is in session and does not grant, deny, or schedule the party's request within 10 calendar days after the initial request, the request shall be deemed denied.” For a legislature, in session refers to active deliberation on legislation. For example, Article I Section 5 of the U.S. Constitution provides that “[n]either House, during the session of Congress, shall, without the consent of the other adjourn for more than three days. . .” 

[Last updated in April of 2021 by the Wex Definitions Team]

wex

• CIVICS
• government
• THE LEGAL PROCESS
• courts
• wex definitions

Notice in law 3 step-process 30 business days

STEP 1 NOTICE IN LAW AND COMPLAINT OF DAMAGES 

( 20 BUSINESS DAYS)

STEP 2 NOTICE OF FAULT AND OFFER TO CURE 

( 10 BUSINESS DAYS TO CURE)

STEP 3 NOTICE OF DEFAULT AND DEFAULT JUDGEMENT 

IN DISHONOR @ 100% of damages

complete with document created in your court of record including judgement with signed court sealed and "persons" or "person" at fault (damaging parties) of the magistrate, sheriff, officer, executive, agent, attorney, clerk, agency, if needed to file, action of trespass, (Notice in Law, fault, default) name and seal area of the superior court house where filed prepared. 

STEP 4 NOTICE OF DAMAGES DUE

30 DAYS FROM DEFAULT JUDGEMENT

TRIPLE  ESTABLISHED  DAMAGES!!!

MOTIONS (VESSEL MOVEMENT)
 

1. Notice of Motion
2. Facts (Affidavit or Declaration)
3. Brief / Points & Authorities
   1. Point(s) being made
   2. Authorities supporting the jurisdiction, applicable law
   3. Argument in support of the point (This is where you connect all the law, facts, and reasoning)
4. Proof of Service(so the court knows who got a copy)
5. Proposed Order ready for signature
   (so the court won't have to type it if granted)
   (Normally attorneys may not submit an order without leave of court)

COMMON LAW ACTION (VESSEL MOTION)
 

1. Elements of Common Law Action
2. Caption
3. Declaration Template
4. Declaration
5. Counterclaim
6. Law of the Case

link to Action for trespass: https://www.1215.org/lawnotes/lawnotes/seminar090110/000-start.htm

Law is to important to leave it to the judges: " i don’t remember who it was, but somebody said that war is much too important to leave to generals, well this is an acknowledgment that law is too important to leave to the Judges, it’s the sovereigns that make the decision, and the founding fathers had a lot more confidence in the sovereigns of the country than they ever did in the judges of the country,

Common Law Case 1 of 2 Analysis: https://www.youtube.com/watch?v=YTekVl8qKj0

Common Law Case 2 of 2 Analysis: https://www.youtube.com/watch?v=ShbMkdiVkwk

Common Law Introduction : https://www.youtube.com/playlist?list=PLX1rbMmQWOXPQmEuH0BRE6ZBcqaHeCHcX

Common Law information educational link: https://app.statenational.us/home

Common Law information educational link: https://www.youtube.com/watch?v=T5M9qazhPFg

Common Law education and training link: https://www.youtube.com/@TheJusticeRev

Background education and training on micro and macro landscape affecting Common Law Link: https://theserapeum.com/

The Magna Carta and Confirmatio Cartarum education & training link: https://www.youtube.com/watch?v=KN1VpYQpMME

Five Elements of Court Procedure education & training link: https://www.youtube.com/watch?v=eMhA3aRYt8Y

Arsenic and the English Nobility

Historical Note

In the middle ages it was a popular technique of the nobility to use arsenic to eliminate the competition.

But, they discovered that if a small amount of arsenic were eaten every day, they could build up their bodies' tolerance. A side effect of arsenic is that the hair turns white. Consequently, anyone who was of the nobility had white hair, which nicely distinguished them from ordinary people.

Eventually, because it was no longer effective, arsenic lost its attractiveness as a noble means of doing in the competition. And of, course, their hair returned to its natural color. By that time, white hair was a tradition for the nobility. That is why the modern judges of the English courts, and other members of the nobility, wear white wigs during formal proceedings. It is the distinctive feature of a member of the peerage.

WHITE HAT/WHITE CLOUD

 CASE LOG

10-07-98
Action for Trespass filed in a California superior court.

02-18-99
Demurrer by defendant.. At the hearing the magistrate was quite authoritative, tense, and quite unwilling to grant anything anyone wanted. Defendant's demurrer was denied.
Transcript #1 tells the story.

One thing to note: although the magistrate also carries a state-assigned title of nobility, namely that of "judge," his capacity in this court of record is that of a magistrate. In other words, he has a ministerial capacity, not a judicial capacity. Every time he attempts to "judge" something, or to exercise any discretion, his attempt is met with some sort of opposition from the sovereign of the court, usually in the form of an objection or a corrective court order such as a writ of error coram nobus.

06-07-99, Plaintiff filed
First Amended Action

Initially, the clerk refused to file the First Amended Action because, she said, it was not a "First Amended Complaint." Then the clerk's supervisor refused to file it because there was no court order signed by a magistrate. Plaintiff guided her to the filed writ of error that encouraged the filing of a first amended action. She again refused to accept the paper, so the plaintiff reminded the clerk that she could "file on demand." She accepted the paper and marked it "FILED ON DEMAND".

08-16-99, a hearing was held in which the magistrate makes certain admissions.
Transcript #3 is referenced in the plaintiff's affidavit used in the contempt proceeding.

09-27-99 plaintiff filed a Motion for Contempt against the clerk and the magistrate. The motion was accompanied by an Order classifying the motion as a court personnel matter and sealing the papers to protect the privacy of the accused. The way it was packaged was as follows:

Order: Sealing of Papers and a copy of the top sheet from each of the following 4 papers:
Notice: Motion for Contempt (Confidential Personnel Matter)
Motion for Contempt (Confidential Personnel Matter)
Affidavit of Witness in support of motion
Affidavit of Plaintiff and exhibits in support of motion
An envelope with a notice on its face stating that it may only be opened by the accused, the plaintiff, or the court. The envelope contained the Motion, Notice of Motion, and the two supporting affidavits with exhibits.

Generally all proceedings are held in open court. Under California law public officials are prohibited from holding secret meetings except in certain special situations such as when an employee's performance is being reviewed. Emulating that state privacy policy, this court treated the contempt accusation as if it were a private personnel matter, namely concerning the job performance of the clerk and the magistrate, thus sealing that portion of the record from public view. However, the court empowered the accused themselves to make the matter public any time they wished.

10-14-99 Contempt hearing held. See
Transcript #4.

02-02-00 Ruling in re contempt of court.
This ruling brings together the complete picture of the relationship between the people and the government. The preceding papers only touched upon some aspects of personal sovereignty, whereas this paper is complete.

04-05-00 A case management conference was held. Judge, defendant's attorney, and plaintiff were all present. Overall, the conference was very quiet with minimal contention. Judge seemed to understand that he was acting in a ministerial capacity and not as a judge.
Transcript #5

CASE LOG LINK: https://www.1215.org/lawnotes/lawnotes/example/index.html

Definition
Writ of Error Quae Coram Nobis Residant

Quae = What
Coram Vobis = Before you,
Coram Nobis = Before us, ourselves, the king
Residant = resident, i.e. in this place

Writ of Error Coram Nobis.
   Order of error, before us [to correct].
   Modern English:  Order to correct our own error.
   Order issued from a court to itself or its own personnel to correct an error in procedure or judgment.

Writ of Error Quae Coram Nobis Residant.
   Order of error, what before us in this place [to correct].
   Modern English:  Order to correct what is our own error in this place.
   Order issued from a court to itself or its own personnel to correct an error in procedure or judgment.

Writ of Error Coram Vobis
   Order of error, before you [to correct].
   Modern English:  Order to correct your error.
   Order issued from a higher court to a lower court to correct an error in judgment.

05-06-99 Plaintiff filed
Judicial Notice,
Findings of fact acknowledging plaintiff's status., and a
Writ of Error reversing the magistrate and granting the demurrer in part. Defined

05-07-99 a hearing was held. The magistrate was a real gentleman. He was polite, relaxed, and asked the plaintiff "What are we doing at this point?" The plaintiff simply said, "The only business before the Court, at this point today, is making sure the defendant got the paperwork that was served yesterday. As far as -- barring that, there's no business before the Court today." The hearing was terminated.

When the plaintiff left the room, the defendant's attorney was heard to ask, "Okay. Am I correct in that the Court's made no ruling on this apparent request to amend the complaint today?" The magistrate replied, "I've made no rulings. I've made -- what I've done -- the record speaks for itself."

Actually, the hearing lasted a little longer than that, but that was the essence of it.
Transcript #2 reports the day's proceeding.

WRIT OF ERROR, practice. A writ issued out of a court of competent jurisdiction, directed to the judge of a court of record in which final judgment has been given, and commanding them, in some cases, themselves to examine the re-cord; in others to send it to another court of appellate jurisdiction, therein named, to be examined in order that some alleged error in the proceeding may be corrected. Steph. Pl. 138; 2 Saund. 100, n. 1; Bac. Ab. Error, in pr.

A writ of error is in the nature of a suit or action, when it is to restore the party who obtains it to the possession of any thing which is withheld from him, not when its operation is entirely defensive. 3 Story. Const. §1721. And it is considered generally as a new action. 6 Port 9

WRIT OF PROHIBITION , A writ of prohibition is a judicial order that may be used, at a higher court's discretion, to prevent a lower court from interfering with the higher court's determination of a case pending an appeal. Writs of prohibition are sometimes issued to prohibit a lower court from issuing orders over matters it has no jurisdiction over. Alternatively, the writ may also be used to prevent re-litigating issues that have already been decided by a higher court.

WRIT OF PROHIBITION: https://www.law.cornell.edu/wex/writ_of_prohibition

WRIT : Primary tabs; A writ is an order issued by a legal authority with administrative or judicial powers, typically a court.
See: writ of certiorari, writ of error, writ of habeas corpus, writ of mandam

ORDER: A decision issued by a court or authoritative body. This includes final and non-final orders issued by a court. Also known as court order or judicial order. Outside of judicial orders, the executive branch has the power to issue executive orders. 

For a court to issue an order, they must have jurisdiction over the parties. Orders issued by a lower level court may be appealed to an appellate court. For example, in federal court, a party may appeal a district court’s order to a circuit court. Also in federal court, magistrate judges may issue non-dispositive orders. See 28 U.S.C. § 636(b)(1). 

COURT. An agency of the sovereign created by it directly or indirectly under its authority, consisting of one or more officers, established and maintained for the purpose of hearing and determining issues of law and fact regarding legal rights and alleged violations thereof, and of applying the sanctions of the law, authorized to exercise its powers in the course of law at times and places previously determined by lawful authority. [Isbill v. Stovall, Tex.Civ.App., 92 S.W.2d 1067, 1070; Black's Law Dictionary, 4th Edition, page 425]

A___ court of record is a "superior court."(The only court ONE Court of Record)

A court not of record is an "inferior court." (There is no other place to adjudicate in the republic / only piracy exists outside of ONE)  

“Inferior courts” are those whose jurisdiction is limited and special and whose proceedings are not according to the course of the common law.” Ex Parte Kearny, 55 Cal. 212; Smith v. Andrews, 6 Cal. 652

Criminal courts proceed according to statutory law. Jurisdiction and procedure is defined by statute. Likewise, civil courts and admiralty courts proceed according to statutory law. Any court proceeding according to statutory law is not a court of record (which only proceeds according to common law); it is an inferior court. ( Note: Inferior Courts are Piracy, Privateering, Fraud on a court of record, sedition on the people of the republic, and Misprision on treason by definition under the law of nations, in title 18 U.S.C. Sec 1651 through 1661)

“The only inherent difference ordinarily recognized between superior and inferior courts is that there is a presumption in favor of the validity of the judgments of the former, none in favor of those of the latter, and that a superior court may be shown not to have had power to render a particular judgment by reference to its record. Ex parte Kearny, 55 Cal. 212. Note, however, that in California ‘superior court’ is the name of a particular court. But when a court acts by virtue of a special statute conferring jurisdiction in a certain class of cases, it is a court of inferior or limited jurisdiction for the time being, no matter what its ordinary status may be. Heydenfeldt v. Superior Court, 117 Cal. 348, 49 Pac. 210; Cohen v. Barrett, 5 Cal. 195” 7 Cal. Jur. 579

The decisions of a superior court may only be challenged in a court of appeal. (NOTE: in a court of record, under command of a judicial tribunal / special master challenging defects discovered in original case***) 

The decisions of an inferior court are subject to collateral attack. In other words, in a superior court one may sue an inferior court directly, rather than resort to appeal to an "appelate" court. (NOTE: NO inferior court venue to adjudicate see title 26 U.S.C. sec 7806 (b) Arrangement and classification: NO***)

Decision of a court of record may not be appealed. (NOTE: NO APPEAL UNLESS IN A COURT OF RECORD***) 
It is binding on ALL other courts.
However, no statutory or constitutional court (whether it be an appellate or supreme court) can second guess the judgment of a court of record. “The judgment of a court of record whose jurisdiction is final, is as conclusive on all the world as the judgment of this court would be. It is as conclusive on this court as it is on other courts. It puts an end to inquiry concerning the fact, by deciding it." Ex parte Watkins, 28 U.S. (3 Pet.) 193, 202-203 (1830). [cited by SCHNECKLOTH v. BUSTAMONTE, 412 U.S. 218, 255 (1973)]

COURTS OF RECORD and COURTS NOT OF RECORD.  The former being those whose acts and judicial proceedings are enrolled, or recorded, for a perpetual memory and testimony, and which have power to fine or imprison for contempt.  Error lies to their judgments, and they generally possess a seal.  Courts not of record are those of inferior dignity, which have no power to fine or imprison, and in which the proceedings are not enrolled or recorded.  3 Bl. Comm. 24; 3 Steph. Comm. 383; The Thomas Fletcher, C.C.Ga., 24 F. 481; Ex parte Thistleton, 52 Cal 225; Erwin v. U.S., D.C.Ga., 37 F. 488, 2 L.R.A. 229; Heininger v. Davis, 96 Ohio St. 205, 117 N.E. 229, 231. 

Note: (no inferior courts) There is no provision in any constitution be it that of the United States, or that of the state of California which authorizes courts not of record. California Constitution Article VI – Judicial Section 1. The "judicial power" of this "State" is vested in the "Supreme Court", "Courts of appeal", and   "Superior Courts", all of which are  "Courts of Record".  U.S. Constitution Art VII Amendment VII; In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any court of the United States, than according to the rules of the common law.  See California evidence code - EVID 451 and 452 document for more detail: 36f1f6b1-1731-43cf-809f-623f31fa5fbf 

CANON 1; A JUDGE SHALL UPHOLD THE INTEGRITY* AND INDEPENDENCE* OF THE JUDICIARY; An independent, impartial,* and honorable judiciary is indispensable to justice in our society. A judge should participate in establishing, maintaining, and enforcing high standards of conduct, and shall personally observe those standards so that the integrity* and independence* of the "judiciary is preserved". The provisions of this code are to be construed and applied to further that objective. A judicial decision or administrative act later determined to be incorrect legally is not itself a violation of this code.

A____ "court of record" is a judicial tribunal having attributes and exercising functions independently of the person of the magistrate designated generally to hold it, and proceeding according to the course of common law, its acts and proceedings being enrolled for a perpetual memorial.  Jones v. Jones, 188 Mo.App. 220, 175 S.W. 227, 229; Ex parte Gladhill, 8 Metc. Mass., 171, per Shaw, C.J.  See, also, Ledwith v. Rosalsky, 244 N.Y. 406, 155 N.E. 688, 689.

Note: that a judge is a magistrate and is not the tribunal.   The tribunal is either the sovereign himself, or a fully empowered jury (not paid by the government) 

Canon 2057 Any Administrator or Executor that refuses to immediately dissolve a Cestui Que (Vie) Trust, upon a "Person" ( one of the contracting sovereigns) establishing their status* and competency*, is guilty of fraud and fundamental breach of their fiduciary duties requiring their immediate removal and punishment.

Code of Conduct for United States Judges; See Canon 1- 5  Continued education & training link: https://www.uscourts.gov/judges-judgeships/code-conduct-united-states-judges#b   

Cal. R. Ct. Canon 6; Canon 6 - Compliance with the Code of Judicial Ethics; Continued education & training Link: https://casetext.com/rule/ca-rules-of-court/california-code-of-judicial-ethics/canon-6-compliance-with-the-code-of-judicial-ethics 

CODE OF CANON LAW: TABLE OF CONTENTS; Continued education & training link: https://www.vatican.va/archive/cod-iuris-canonici/cic_index_en.html  

CODE OF CANON LAW: Continued education & training link: 0daf6b64-27b6-4d0a-8d0f-db28d703670f

New Book VI of the Code of Canon Law, 01.06.2022;  BOOK VI;  PENAL SANCTIONS IN THE CHURCH continued education links: https://press.vatican.va/content/salastampa/en/bollettino/pubblico/2021/06/01/210601b.html  

Food for thought for any Judge, magistrate, officer, sheriff,; under Can. 1326 — § 1. A judge (through a judicial tribunal in a court of record) must inflict a more serious punishment than that prescribed in the law or precept when: (a judicial Tribunal commands it for the prescribed offence of piracy, privateering, and discovering that a "Person" who is established in dignity is a pirate defined in Title 18 U.S.C. sec 1652 or any offence which damages one of the contracting sovereigns; see 2 and 1,3, below).. 

1° a person, after being condemned, or after the penalty has been declared, continues so to offend that obstinate ill will may prudently be concluded from the circumstances; (No authority dismissed, immediate removal and punishment)

2° a person who is established in some position of dignity, or who, in order to commit a crime, has abused a position of authority or an office; (any agent, officer, sheriff, judge, administrator, attorney)

3° a person who, after a penalty for a culpable offence was constituted, foresaw the event but nevertheless omitted to take the precautions to avoid it which any careful person would have taken; ( see; above immediate removal and punishment)

Also see Counterclaim Notes
LAWNOTES

JUDICIAL. Belonging, or emanating from a judge, as such. 2. Judicial sales, are such as are ordered by virtue of the process of courts. 1 Supp. to Ves. jr., 129, 160; 2 Ves. jr., 50  3. A judicial writ is one issued in the progress of the cause, in contradistinction to an original writ. 3 Bl. Com. 282. 4. Judicial decisions, are the opinions or determinations of the judges in causes before them. Hale, H. C. L. 68; Willes' R. 666; 3 Barn. & Ald. 122 4 Barn. & Adol. 207 1 H. B1. 63; 5 M. & S. 185. 5. Judicial power, the authority vested in the judges. The constitution of the United States declares, that "the judicial power of the United States shall be vested in one supreme court, and in such inferior courts as the congress may, from time to time, ordain and establish." Art. 3, s. 1. 6. By the constitutions of the several states, the judicial power is vested in such courts as are enumerated in each respectively. See the names Of, the several states. There is nothing in the constitution of the United States to forbid or prevent the legislature of a state from exercising judicial functions; 2 Pet. R. 413; and judicial acts have occasionally been performed by the legislatures. 2 Root, R. 350; 3 Greenl. R. 334; 3 Dall. R. 386; 2 Pet. R. 660; 16 Mass. R. 328; Walk. R. 258; 1 New H. Rep. 199; 10 Yerg. R. 59; 4 Greenl. R. 140; 2 Chip., R. 77; 1 Aik. R. 314. But a state legislature cannot annul the judgments, nor determine the jurisdiction of the courts of the United States; 5 Cranch, It. 116; 2 Dall. R. 410; nor authoritatively declare what the law is, or has been, but what it shall be. 2 Cranch, R. 272; 4 Pick. R. 23. Vide Ayl. Parerg. 27; 3 M. R. 248; 4 M. R. 451; 9 M. R. 325; 6 M. R. 668; 12 M. R. 349; 3 N. S. 551; 5 N. S. 519; 1 L. R. 438 7 M. R. 325; 9 M. R. 204; 10 M. R. 1.

SITUS: Situs means the location of property or an item for legal purposes. Where the situs of something is depends on the type of item and can have important legal consequences. For most physical items the situs is the place where the object is located presently such as a house or a purse. However, for intangible items like a patent the situs normally is where the property is registered. The situs of property changes where a lawsuit can be brought regarding the property and often adds difficulties to resolving property disputes.

Nexus Law and Legal Definition: Generally, a nexus refers to a connection. In case law, the term may appear when discussing the legality of a governmental restriction, and whether the means of restriction is justifiable in light of the right being restricted. A nexus is often required in all types of cases to establish jurisdiction, apply conflict of laws issues, establish due process in criminal cases, prove causation, etc. : US Nexus means where there is any US involvement or connection, including (without limitation): (i) any US dollar denominated transaction; (ii) any payment in any currency that is cleared through the US financial system, including foreign branches of US banks, and US branches, agency or representative offices or US accounts of non-US financial institutions; and (iii) any US Person, including US financial institutions, foreign branches of US banks, and US branches, agency or representative offices or US accounts of non-US financial institutions. (See Principle of ejusdem generis & Principle of ‘Noscitur a Sociis) *** About US bottom***

Principal of ejusdem generis: Ejusdem generis (ee-joose-dem gen-ris) is a Latin phrase that means “of the same kind.” The statutory and constitutional construction principle of “ejusdem generis” states that where general words or phrases follow a number of specific words or phrases, the general words are specifically construed as limited and apply only to persons or things of the same kind or class as those expressly mentioned. For example, if a law refers to automobiles, trucks, tractors, motorcycles, and other motor-powered vehicles, a court might use ejusdem generis to hold that such vehicles would not include airplanes, because the list included only land-based transportation.

Principle of ‘Noscitur a Sociis: The principle of Noscitur a Sociis is a rule of construction. It is one of the rules of language used by court to interpret legislation. This means that, the meaning of an unclear word or phrase should be determined by the words immediately surrounding it. In other words, the meaning of a word is to be judged by the company it keeps. The questionable meaning of a doubtful word can be derived from its association with other words. It can be used wherever a statutory provision contains a word or phrase that is capable of bearing more than one meaning.

Standing in law, standing or locus standi is a condition that a party seeking a legal remedy must show they have, by demonstrating to the court, sufficient connection to and harm from the law or action challenged to support that party's participation in the case. A party has standing in the following situations: • The party is directly subject to an adverse effect by the statute or action in question, and the harm suffered will continue unless the court grants relief in the form of damages or a finding that the law either does not apply to the party or that the law is void or can be nullified. This is called the "something to lose" doctrine, in which the party has standing because they will be directly harmed by the conditions for which they are asking the court for relief.

Prima Facie

A Latin term meaning "at first sight" or "at first look." This refers to the standard of proof under which the party with the burden of proof need only present enough evidence to create a rebuttable presumption that the matter asserted is true. A prima facie standard of proof is relatively low. It is far less demanding than the preponderance of the evidence, clear and convincing evidence and beyond a reasonable doubt standards that are also commonly used.

A prima facie standard of proof may be used in a variety of settings. For example, courts have held that a party who seeks discovery of purportedly privileged documents under the crime-fraud exception to the attorney-client privilege must make a prima facie showing that the contested documents were created in furtherance of a crime or fraud. Once the party seeking discovery makes this showing, the resisting party must then present its own rebuttal evidence showing that the contested documents were not created in furtherance of a crime or fraud. Continued education link: https://uk.practicallaw.thomsonreuters.com/2-518-8779?contextData=(sc.Default)&transitionType=Default&firstPage=true

Ex parte  In law, ex parte is a Latin term meaning literally "from/out of the party/faction of", thus signifying "on behalf of". An ex parte decision is one decided by a judge without requiring all of the parties to the dispute to be present. In English law and its derivatives, namely Australian, New Zealand, Canadian, South African, Indian, and U.S. legal doctrines, ex parte means a legal proceeding brought by one party in the absence of and without representation of or notification to the other party. The term is also used more loosely to refer to improper unilateral contacts with a court, arbitrator, or represented party without notice to the other party or counsel for that party. The phrase was common in the titles of habeas corpus and judicial review cases until the end of the twentieth century, because those cases were originally brought by the Crown on behalf of the claimant. Wikipedia

ex parte /ĕks pär′tē/    adjective

1. Of or relating to an action taken in a legal proceeding by one party without the presence or participation of the opposing party.

         "an ex parte hearing."  [ open court indirectly by a judicial tribunal, a "Person"  one of the contracting sovereigns decreeing the law to the "person" of the magistrate in an ancillary position who owes the judicial tribunal deference] 

1. Of or relating to such an action taken in a manner that is not permitted due to the risk of undue influence or interference.

         "an ex parte conversation with the judge." [ who is ancillary to a judicial tribunal  in his court and owes deference in judgement] 

1. Of, relating to, or characteristic of a proceeding where one of the involved parties is not present.

adverb

1. In the manner of a proceeding where one of the involved parties is not, (or sometimes may not be) present.

The American Heritage® Dictionary of the English Language, 5th Edition • More at Wordnik

Court of competent jurisdiction (See Title 18 U.S.C. Sec 2711; A Court of Record under command of a Tribunal / or Special Master is of competent jurisdiction with Prima Facia evidence) 

(3) the term “court of competent jurisdiction” includes— (A) any district court of the United States (including a magistrate judge of such a court) or any United States court of appeals that— (i) has jurisdiction over the offense being investigated; (ii) is in or for a district in which the provider of a wire or electronic communication service is located or in which the wire or electronic communications, records, or other information are stored; or (iii) is acting on a request for foreign assistance pursuant to section 3512 of this title ; (B) a court of general criminal jurisdiction of a State authorized by the law of that State to issue search warrants; or (C) a court-martial or other proceeding under chapter 47 of title 10 (the Uniform Code of Military Justice) to which a military judge has been detailed;

Title 18 U.S. Code § 2711 - Definitions for chapter     prev | next        As used in this chapter—

(1) the terms defined in section 2510 of this title have, respectively, the definitions given such terms in that section;

(2) the term “remote computing service” means the provision to the public of computer storage or processing services by means of an electronic communications system;

(3)the term “court of competent jurisdiction” includes — (A)any district court of the United States (including a magistrate judge of such a court) or any United States court of appeals that — (i) has jurisdiction over the offense being investigated;

(ii) is in or for a district in which the provider of a wire or electronic communication service is located or in which the wire or electronic communications, records, or other information are stored; or  (iii)  is acting on a request for foreign assistance pursuant to section 3512 of this title;

(B) a court of general criminal jurisdiction of a State authorized by the law of that State to issue search warrants; or

(C) a court-martial or other proceeding under chapter 47 of title 10 (the Uniform Code of Military Justice) to which a military judge has been detailed; and

(4) the term “governmental entity” means a department or agency of the United States or any State or political subdivision thereof. ( Agents, officers, executives, administrators, judges, Magistrates, public notaries, all act for and on behalf of their governmental entity as per California Government Code Sec 8202.5; The Secretary of State may appoint and commission the number of state, city, “county”, and public school district employees as notaries public to act for and on behalf of the “governmental entity” for which appointed which the Secretary of State deems proper.)   

(Added Pub. L. 99–508, title II, § 201[(a)], Oct. 21, 1986, 100 Stat. 1868, § 2710; renumbered § 2711, Pub. L. 100–618, § 2(a)(1), Nov. 5, 1988, 102 Stat. 3195; amended Pub. L. 107–56, title II, § 220(a)(2), Oct. 26, 2001, 115 Stat. 292; Pub. L. 109–177, title I, § 107(b)(2), Mar. 9, 2006, 120 Stat. 202; Pub. L. 111–79, § 2(2), Oct. 19, 2009, 123 Stat. 2086; Pub. L. 114–328, div. E, title LVII, § 5228(b)(2), Dec. 23, 2016, 130 Stat. 2913.)

Title 18 U.S.C. § 3512 - U.S. Code - Unannotated Title 18. Crimes and Criminal Procedure § 3512. Foreign requests for assistance in criminal investigations and prosecutions

Current as of January 01, 2024 | Updated by FindLaw Staff

(a) Execution of request for assistance.--

(1) In general.--Upon application, duly authorized by an appropriate official of the Department of Justice, of an attorney for the Government, a Federal judge may issue such orders as may be necessary to execute a request from a foreign authority for assistance in the investigation or prosecution of criminal offenses, or in proceedings related to the prosecution of criminal offenses, including proceedings regarding forfeiture, sentencing, and restitution. Continued education link: https://codes.findlaw.com/us/title-18-crimes-and-criminal-procedure/18-usc-sect-3512/

Title 18 U.S. Code § 9 - Vessel of the United States defined: The term “vessel of the United States”, as used in this title, means a vessel belonging in whole or in part to the United States, or any citizen thereof, or any corporation created by or under the laws of the United States, or of any State, Territory, District, or possession thereof. 

vessel /vĕs′əl/     noun

1. A hollow utensil, such as a cup, vase, or pitcher, used as a container, especially for liquids.
2. A craft, especially one larger than a rowboat, designed to navigate on water. (U.S. admiralty Maritime Jurisdiction )
3. An airship.
4. A duct, canal, or other tube that contains or conveys a body fluid. "a blood vessel."
5. One of the tubular water-conducting structures of xylem, consisting of a series of vessel elements attached end to end and connected by perforations. Vessels are found in nearly all flowering plants.
6. A person seen as the agent or embodiment, as of a quality. "a vessel of mercy."  ***
7. A hollow or concave utensil for holding anything; a hollow receptacle of any kind, as a hogshead, a barrel, a firkin, a bottle, a kettle, a cup, a bowl, etc. (a legal entity, "Person" (private: of the people)  or "Governmental entity" (Public: of the agents) which sheriffs, officers, and judges, or magistrates, speak for and on behalf of, to contracting sovereigns through their "Person" ). 

transitive verb

1. To put into a vessel.

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competency /kŏm′pĭ-tən-sē/      noun

1. Competence. *  (see: Canon 2057) 
2. A skill or ability.
3. A sufficient supply (of).

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status /stăt′əs, stā′təs/    noun

1. Position relative to that of others; standing        "Her status is that of a guest."
2. High standing; prestige.          "a position of status in the community."
3. The legal character or condition of a person or thing.       "the status of a minor." **(no application in Common Law)
4. The state of affairs; the situation: synonym: state.         "What is the status of the negotiations?"
5. Similar: state
6. State; condition; position of affairs.***
   Similar: state  /  condition
7. A person’s condition, position or standing relative to that of others. * ( see: Canon 2057 )
8. Prestige or high standing.
9. A situation or state of affairs.
10. The legal condition of a person or thing.

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Jurisdiction; Continued education; (JURISDICTION)  link;https://www.bitchute.com/video/DGdW3vMYSSEg/

Primary tabs

1. Power of a court to adjudicate cases and issue orders.
2. Territory within which a court or government agency may properly exercise its power. See, e.g. Ruhrgas AG v. Marathon Oil Co. et al., 526 U.S. 574 (1999).

Jurisdiction: An Overview

One of the most fundamental questions of law is whether a given court has jurisdiction to preside over a given case. A jurisdictional question may be broken down into three components:

1. whether there is personal jurisdiction [aka whether the court may even hear the case involving the particular defendant(s)]. This is further broken down into 3 categories (See Pennoyer v. Neff for additional information):
   1. in personam jurisdiction
   2. in rem jurisdiction
   3. quasi in rem jurisdiction
2. whether there is jurisdiction over the subject matter 
3. whether there is jurisdiction to render the particular judgment sought.

The term jurisdiction can be best understood by being compared to "power." Any court possesses jurisdiction over matters only to the extent granted to it by the Constitution, and/or legislation of the sovereignty on behalf of which it functions (ex: a state court in Mississippi may need statutory permission by the Mississippi legislature to hear certain types of cases). The question of whether a given court has the power to determine a jurisdictional question is itself a jurisdictional question. Such a legal question is referred to as "jurisdiction to determine jurisdiction." link;https://www.law.cornell.edu/wex/jurisdiction

Controversy kŏn′trə-vûr″sē     noun

1. A dispute, especially a public one, between sides holding opposing views.
2. The act or practice of engaging in such disputes.
3. Disputation; debate; agitation of contrary opinions; a formal or prolonged debate; dispute.

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ancillary /ăn′sə-lĕr″ē/              adjective

1. Of secondary importance; subordinate. " court of record' person of the magistrate (Subordinate to judicial tribunal)  
2. Auxiliary or accessory. 

"an ancillary pump."

1. Subservient or subordinate, like a handmaid; auxiliary.
   Similar: auxiliary
2. Subordinate; secondary; auxiliary; accessory.
3. Furnishing added support.

"The mind and emotions are auxiliary to each other"

noun

1. Something that is subordinate or accessory to something else.

"a tripod, battery charger, and other camera ancillaries."

1. A person working in a supportive or subordinate role.  See: Title 18 U.S.C. Sec 1823: (a) Whoever under oath in any proceeding before or ancillary to any court or grand jury of the United States

"school ancillaries who look after children who become sick."

1. Something that serves an ancillary function, such as an easel for a painter.
2. An auxiliary; a subordinate.

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Authority   ə-thôr′ĭ-tē, ə-thŏr′-, ô-      noun

1. The power to enforce laws, exact obedience, command, determine, or judge.
2. One that is invested with this power, especially a government or body of government officials.
3. Power assigned to another; authorization.

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Accomplice /ə-kŏm′plĭs/   noun

1. One who participates in the commission of a crime without being the principal actor.
2. A cooperator.
   Similar: cooperator
3. An associate in the commission of a crime; a participator in an offense, whether a principal or an accessory.
4. A person who joins with another in carrying out some plan (especially an unethical or illegal plan).

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Appeal Primary tabs (NOTE: Title 26 U.S.C. Sec 7806; (a) & (b) Force a Court of record for any appeal NO piracy appellate court)

An appeal is a challenge to a previous legal determination. An appeal is directed towards a legal power higher than the power making the challenged determination. In most states and the federal system, trial court determinations can be appealed in an appellate court. The rulings of those appellate courts may be reviewed by a "court of last resort."  In the federal court system, that is the United States Supreme Court.  

The person pursuing an appeal is called an appellant, while the person defending the lower court’s ruling is the appellee or respondent. 

(NOTE: NO application in a true Court of Record; judicial tribunals / Special Masters only recognized by statutes, Canon 1 Blacks Law 4th edition pg. 452 & 426) 

Appeals can be either discretionary or of right.  An appeal of right is one that the higher court must hear, if the losing party demands it, while a discretionary appeal is one that the higher court may, but does not have to, consider. For example, in the federal system, there is an appeal of right from the District Court to the Court of Appeals but appeals from the Court of Appeals to the Supreme Court are discretionary. 

Appeals do not always originate from court decisions. In administrative law, people are often allowed to appeal, in court, the decisions made by executive agencies. 

(NOTE; see: Title 26 U.S.C. Sec 7806: (a) & (b) no administration, or administrative law in  the United States, or any State of any legal effect, ALL have NO LEGAL EFFECT according to statutes of any state or united states the governmental entity is restricted or prohibited from that activity) 

See also: Appellate Jurisdiction and Appellate Procedure

[Last updated in June of 2022 by the Wex Definitions Team]

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Egregious: Egregious, from the Latin egregius, meaning “illustrious” or literally “standing out from the flock” is a term used to describe a conduct that is flagrant, or outrageous in comparison to a normal standard of conduct. In general, the term egregious is used to describe a conduct by a person intentionally committing an act or omission that involves knowing the violation of law. In a legal context, egregious conduct refers to an action that is obviously wrong, beyond a reasonable degree. The term can be used to describe a conduct of a party to a legal action, its attorney(s) or any other legal professional, or the court itself. Egregious behavior is considered in order to bring to an end the person’s actions, or to introduce a request for increased damages.

[Last updated in April of 2022 by the Wex Definitions Team] 

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Project /prŏj′ĕkt″, -ĭkt/    noun

1. An undertaking requiring concerted effort.

"a community cleanup project; a government-funded irrigation project." " OLD DELUDER SATAN LAW OF 1647" one chief project...to keep men from the knowledge of the scriptures;

1. An extensive task undertaken by a student or group of students to apply, illustrate, or supplement classroom lessons.
2. A plan or proposal for accomplishing something. synonym: plan.
   Similar: plan

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scriptures /skrĭp′chər/  Plural form of scripture ;  noun

1. A sacred writing or book. ( State, Civil & Federal codes & U.S. constitution & Any State Constitution, or public law)
2. A passage from such a writing or book.
3. The writings collected as the Bible.
4. A statement regarded as authoritative. ( State, Civil & Federal codes & U.S. constitution & Any State Constitution, or public law)
5. A sacred writing or book.
6. An authoritative statement. ( State, Civil & Federal codes & U.S. constitution & Any State Constitution, or public law)

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Penalty  Primary tabs

A penalty is the punishment imposed upon a person who has violated the law, whether or a contract, a rule, or regulation. A penalty can be in response to either civil or criminal violations, though civil penalties are usually less severe. Some penalties require only the payment of some amount of money that is determined either by statute or by a judge, based on the level of harm suffered by the other party. Other penalties require that the losing party surrender property. The violation of more severe crimes can be accompanied by even harsher penalties, including imprisonment or even death, though the death penalty is restricted to capital offenses and is not a penalty that can be imposed in every state.

[Last updated in August of 2020 by the Wex Definitions Team]

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Civil penalties (civil fines)

Primary tabs

A civil penalty is a non-criminal remedy for a party’s violations of laws or regulations. Civil penalties usually only include civil fines or other financial payments as a remedy for damages. An action seeking a civil penalty can be brought by the government, or by a private party in the shoes of the government.

To distinguish a civil penalty from a criminal penalty can sometimes be tricky. The Supreme Court of United States in United States v. Ward, 448 U.S. 242 (1980) established a two-layer test. (Note; After Aug 16, 1954 see Title 26 U.S.C. Sec 7806; penalties are derived based on their intent, egregious level, if piracy, privateering, fraud on a court of record, sedition on the people of a republic, and misprision of treason are presently disregarded, and have become part of abnormal, operations within any agency,  superior court, sheriff, or policy officer, agent, or agents, administrator, executive, banker or banks, operations )

( See: Court of record above; Judicial tribunal / Special Master discretion based on damage rendered onto plaintiff; damaged party)

• First, one examines which penalty is the intent or preference of the legislature. 
• Then, if the intent is a civil penalty, one looks at whether the statute’s purpose or effect will negate the intention. 
  • If the answer to the second question is no, the penalty is most likely a civil one.

See e.g., ZB v. Superior Court, 8 Cal.5th 175, 252 Cal. Rptr. 3d 228, 448 P.3d 239 (Cal. 2019).

[Last updated in August of 2022 by the Wex Definitions Team]

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Simplex Dictum

Read a random definition: unit pricing A quick definition of simplex dictum:

A simplex dictum is a statement made by someone who is considered an authority on a subject. It can be a rule or belief that is widely accepted, but it is not necessarily proven. Sometimes, judges make statements that are not essential to their decision, and these are called obiter dicta. A personal statement made by a judge is called a dictum proprium. A gratis dictum is a statement made voluntarily, and a judicial dictum is an opinion on a question that is not essential to the decision.

Dictum

In legal writing, a dictum is a statement made by a court. It may or may not be binding as a precedent.

Vicarious Liability  Primary tabs

Liability that a supervisory party (such as an employer) bears for the actionable conduct of a subordinate or associate (such as an employee) based on the relationship between the two parties.  See respondeat superior

Under common law, a member of a conspiracy can be held vicariously liable for the crimes of his co-conspirators if the crimes committed by the co-conspirators were foreseeable and if they were committed with the intent of furthering the objective of the conspiracy.  See conspiracy

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Deceive /dĭ-sēv′/     intransitive verb

1. To cause to believe what is not true; mislead.
2. To catch by guile; ensnare.
3. To practice deceit.
4. To give a false impression.

"appearances can deceive."

transitive verb

1. To lead into error; to cause to believe what is false, or disbelieve what is true; to impose upon; to mislead; to cheat; to disappoint; to delude; to insnare.
   Similar: deceived
2. To beguile; to amuse, so as to divert the attention; to while away; to take away as if by deception.
   Similar: beguile
3. To deprive by fraud or stealth; to defraud.
   Similar: defraud

verb

1. To trick or mislead.
2. Cause someone to believe an untruth.

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Deluder                    noun

1. One who deludes; a deceiver; an impostor.
   Similar: deceiver         impostor
2. Someone who deludes.

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Verdict    vûr′dĭkt     noun

1. The decision of the jury after the trial of a case.
2. An expressed conclusion; a judgment or opinion.
3. In law, the answer of a jury given to the court concerning any matter of fact in any cause, civil or criminal, committed to their trial and examination.

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prejudice /prĕj′ə-dĭs/     noun

1. The act or state of holding unreasonable preconceived judgments or convictions.
2. An adverse judgment or opinion formed unfairly or without knowledge of the facts.

"a boy with a prejudice against unfamiliar foods."

1. Irrational suspicion or hatred of a particular social group, such as a race or the adherents of a religion.

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Sedition /sĭ-dĭsh′ən/  noun

1. Conduct or language inciting rebellion against the authority of a state. ( Title 26 U.S.C. Sec 7701 (a)(10); a State  &  Title 26 U.S.C. Sec 7701 (a) (9);  "United States" ;the term “United States” when used in a geographical sense includes only the States and the District of Columbia.  Supreme Authority of the United States;"The attempt of a State Officer to enforce an unconstitutional statute is a proceeding without authority... is an illegal act, and the officer is stripped of his official charter and is subjected in his person to the consequences of his individual conduct. The State has no power to impart to its officer immunity from responsibility to the supreme authority of the United States." Ex Parte Young, 209 U. S. 123, (1908). [Supreme Authority = Private men and women "we the people".]  )
2. Insurrection; rebellion.
3. The raising of commotion in a state, not amounting to insurrection; conduct tending to treason, but without an overt act; excitement of discontent against the government, or of resistance to lawful authority.

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Continued education link: https://www.law.cornell.edu/uscode/text/18/2384

TREASON. REQUIRES INTENT AND ACTION!; Treason is a unique offense in our constitutional order—the only crime expressly defined by the Constitution, and applying only to Americans who have betrayed the allegiance they are presumed to owe the United States. While the Constitution’s Framers shared the centuries-old view that all citizens owed a duty of loyalty to their home nation, they included the Treason Clause not so much to underscore the seriousness of such a betrayal, but to guard against the historic use of treason prosecutions by repressive governments to silence otherwise legitimate political opposition. Debate surrounding the Clause at the Constitutional Convention thus focused on ways to narrowly define the offense, and to protect against false or flimsy prosecutions.   

The Constitution specifically identifies what constitutes treason against the United States and, importantly, limits the offense of treason to only two types of conduct: (1) “levying war” against the United States; or (2) “adhering to [the] enemies [of the United States], giving them aid and comfort.” Although there have not been many treason prosecutions in American history—indeed, only one person has been indicted for treason ***since 1954***—the Supreme Court has had occasion to further define what each type of treason entails.

The offense of “levying war” against the United States was interpreted narrowly in Ex parte Bollman & Swarthout (1807), a case stemming from the infamous alleged plot led by former Vice President Aaron Burr to overthrow the American government in New Orleans. The Supreme Court dismissed charges of treason that had been brought against two of Burr’s associates—Bollman and Swarthout—on the grounds that their alleged conduct did not constitute levying war against the United States within the meaning of the Treason Clause. It was not enough, Chief Justice John Marshall’s opinion emphasized, merely to conspire “to subvert by force the government of our country” by recruiting troops, procuring maps, and drawing up plans. Conspiring to levy war was distinct from actually levying war. Rather, a person could be convicted of treason for levying war only if there was an “actual assemblage of men for the purpose of executing a treasonable design.” In so holding, the Court sharply confined the scope of the offense of treason by levying war against the United States. 

The Court construed the other treason offense authorized by the Constitution similarly narrowly in Cramer v. United States (1945). That case involved another infamous incident in American history: the Nazi Saboteur Affair. Cramer was prosecuted for treason for allegedly helping German soldiers who had surreptitiously infiltrated American soil during World War II. In reviewing Cramer’s treason conviction, the Court explained that a person could be convicted of treason only if he or she adhered to an enemy and gave that enemy “aid and comfort.” As the Court explained: “A citizen intellectually or emotionally may favor the enemy and harbor sympathies or convictions disloyal to this country’s policy or interest, but, so long as he commits no act of aid and comfort to the enemy, there is no treason. On the other hand, a citizen may take actions which do aid and comfort the enemy—making a speech critical of the government or opposing its measures, profiteering, striking in defense plants or essential work, and the hundred other things which impair our cohesion and diminish our strength—but if there is no adherence to the enemy in this, if there is no intent to betray, there is no treason.” In other words, the Constitution requires both concrete action and an intent to betray the nation before a citizen can be convicted of treason; expressing traitorous thoughts or intentions alone does not suffice.

To further guard against the prospect that the government could use false or passion-driven accusations of treason to undermine political opponents, the Treason Clause provides that the offense may only be proven by “open confession in court,” or on “the testimony of two witnesses to the same overt act.

” The “overt act” requirement was designed both to limit the kind of substantive behavior treason could punish—only conduct, not mere expression—and to ensure that the conduct itself demonstrated a defendant’s intention to betray the United States. Believing that no witness could meaningfully testify to a defendant’s internal state of mind, the Cramer Court made clear that the defendant’s disloyal intent must be evident from the witnessed acts themselves; the government would have to prove that each overt act alleged “actually gave aid and comfort to the enemy.” The two-witness requirement was likewise geared to raising the bar to prosecution, applying “at least to all acts of the defendant which are used to draw incriminating inferences that aid and comfort have been given.” While there was no dispute in Cramer’s case that he had met with a man who turned out to be a German soldier in the United States, the Court concluded that these facts alone failed to establish Cramer had actually given that enemy soldier aid and comfort. The Court accordingly reversed Cramer’s treason conviction.

The Constitution also narrowed the scope of punishment for treason as compared to English common law. The final clause of this Section establishes that, while Congress has the general power to establish the penalties for committing treason, Congress may not “work corruption of blood, or forfeiture except during the life of the person” convicted of treason. “Corruption of blood” is a reference to English common law, which prohibited family members from—among other things—receiving or inheriting property from a person convicted of treason. Under the Constitution, that punishment may not extend beyond the life of the person convicted of treason. *******************************

BREAKING: The Supreme Court delivers yet another blow to the power of the administrative state, ruling 6-3 that the six year window to sue federal agencies begins when the plaintiff experiences damages due to their actions. 

Continued education document supplemental 451 & 452 which proves Supreme Court "person" or "persons" of the Magistrates, judges in Treason for your review; link: ce46d860-8933-41d8-b4da-3266ebd7779b  

Note: (No inferior courts) There is no provision in any constitution be it that of the United States, or that of the state of California which authorizes courts not of record. California Constitution Article VI – Judicial Section 1. The "judicial power" of this "State" is vested in the "Supreme Court", "Courts of appeal", and   "Superior Courts", all of which are “Courts of Record".  U.S. Constitution Art VII Amendment VII; In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any court of the United States, than according to the rules of the common law. See California evidence code - EVID 451 and 452 document for more detail: 36f1f6b1-1731-43cf-809f-623f31fa5fbf 

Misprision of treason / Treason /trē′zən/    noun

1. The betrayal of allegiance toward one's own country, especially by committing hostile acts against it or aiding its enemies in committing such acts.
2. The betrayal of someone's trust or confidence.
3. The offense of attempting to overthrow the government of the state (United States." Ex Parte Young, 209 U. S. 123, (1908). [Supreme Authority = Private men and women "we the people".] ) to which the offender owes allegiance, or of betraying the state into the hands of a foreign power; disloyalty; treachery.
   Similar: disloyalty     treachery

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Misprision of treason :  Misprision of treason is an offence found in many common law jurisdictions around the world, having been inherited from English law. It is committed by someone who knows a treason is being or is about to be committed but does not report it to a proper authority. Wikipedia

Continued education link: https://www.law.cornell.edu/uscode/text/18/2382

Title 18 U.S. Code § 9 - Vessel of the United States defined: The term “vessel of the United States”, as used in this title, means a vessel belonging in whole or in part to the United States, or any citizen thereof, or any corporation created by or under the laws of the United States, or of any State, Territory, District, or possession thereof.

(June 25, 1948, ch. 645, 62 Stat. 685.)

Letter of marque: A letter of marque and reprisal (French: lettre de marque; lettre de course) was a government license in the Age of Sail that authorized a private person, known as a privateer or corsair, to attack and capture vessels of a nation at war with the issuer, licensing international military operations against a specified enemy as reprisal for a previous attack or injury. Captured naval prizes were judged before the government's admiralty court for condemnation and transfer of ownership to the privateer. [ operating under the color of a commission on the pretense of authority, or foreign prince, or state, you are a pirate] 

Privateer: A privateer is a private person or vessel ( person of the magistrate, sheriff, officer, clerk, executive, operating the vessel governmental entity See Title 18 U.S.C. SEC 1652: citizen as Pirate)  which engages in maritime warfare under a commission of war.[1] Since robbery under arms was a common aspect of seaborne trade, until the early 19th century all merchant ships carried arms. A sovereign or delegated authority issued commissions, also referred to as letters of marque, during wartime.

Pirate /pī′rĭt/  noun

1. One who commits or practices piracy at sea. ( See Title 18 U.S.C. Section 1652: Citizens as Pirates; )
2. One who makes use of or reproduces the work of another without authorization.
3. One who illegally intercepts or uses radio or television signals, especially one who operates an illegal television or radio station.
4. A robber on the high seas; one who by open violence takes the property of another on the high seas; especially, one who makes it his business to cruise for robbery or plunder; a freebooter on the seas; also, one who steals in a harbor.
5. An armed ship or vessel which sails without a legal commission, for the purpose of plundering other vessels on the high seas.

intransitive verb

1. To attack and rob (a ship at sea).
2. To take (something) by piracy.
3. To make use of or reproduce (another's work) without authorization.
4. To act as a pirate; practice piracy.

The American Heritage® Dictionary of the English Language, 5th Edition • More at Wordni

Attorney /ə-tûr′nē/ noun

 [Citizens = Attorneys = Pirate = Privateers ; Title 26 U.S.C. Sec 7806: (a) Cross references (b) Arrangement and Classification: No inference, Implication, or presumption of legislative construction shall be drawn: Shuts down the 12 presumptions of a BAR Guild commerce court, Shuts down the BAR, Shuts down any BAR attorney, Shuts down powers of attorney, shuts down attorneys, and is a indicator of piracy & Privateering and that "person" citizen is a pirate] 

1. A person who is legally qualified and licensed to represent a person in a legal matter, such as a transaction or lawsuit. ***
2. A substitute; a proxy; an agent. ***
   Similar: substitute     proxy     agent
3. One who is legally appointed by another to transact any business for him; an attorney in fact.***
4. A legal agent qualified to act for suitors and defendants in legal proceedings; an attorney at law.***
5. A written authority from one person empowering another to transact business for him. (all shut down due to title 26 USC sec 7806***)

transitive verb

1. To perform by proxy; to employ as a proxy.***

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Piracy  Primary tabs;     In legal usage, piracy can mean either: 

( See: Title 18 U.S.C. Sec 9 Vessels three identified; 1. "Governmental entity": operates in U.S. Admiralty maritime jurisdiction and any State thereof;  2. "Person" or "Persons" "Legal entity" (exclusive by personnel treaty, with the contracting sovereigns, aka; we the people; citizens thereof) 3. Corporation or "corporate entity"  through charter in the United States or any State thereof)

1) crimes such as robbery, kidnapping, or similar violent and destructive activities on the high seas. The trial and punishment of such pirates may be under international law, or under the laws of the particular nation where the pirate has been captured. The United Nations Convention on the Law of the Sea (UNCLOS) Article 101 defines piracy as: “any illegal acts of violence or detention, or any act of depredation, committed for private ends by the crew of the passengers of a private ship or a private aircraft. . . on the high seas against another ship or aircraft. . . [and] any act of voluntary participation [in a pirate ship].” The United States incorporates UNCLOS Article 101 in criminalizing piracy in 18 U.S.C. § 1651, which states “[w]hoever, on the high seas, commits the crime of piracy as defined by the law of nations, and is afterwards brought into or found in the United States, shall be imprisoned for life.” As a case example, an 1820 Supreme Court decision, U.S. v. Furlong, affirmed the conviction of an Irishman for piracy because he murdered an English subject aboard an American shipping vessel.

2) An infringement, usually intentional, of the intellectual property rights of others, such as an authorized copy of book or movie. 

[Last updated in December of 2020 by the Wex Definitions Team]

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International piracy law: International piracy law is international law that is meant to protect against piracy. Throughout history and legal precedents, pirates have been defined as hostis humani generis, Latin for "the enemy of all mankind".

Holy See  Jurisdiction of the Bishop of Rome    vatican.va  ;  [ food for thought ] The Holy See, also called the See of Rome, Petrine See or Apostolic See, is the jurisdiction of the pope in his role as the Bishop of Rome. It includes the apostolic episcopal see of the Diocese of Rome, which has ecclesiastical jurisdiction over the worldwide Catholic Church and sovereignty over the city-state known as the Vatican City. As the supreme body of government of the Catholic Church, the Holy See enjoys the status of a sovereign juridical entity under international law.

Title 18 U.S.C. Section §1652. Citizens as pirates

Whoever, being a "citizen of the United States", (ANY AGENT, SHERIFF, OFFICER, JUDGE, MAGISTRATE,) commits any "murder or robbery", or any "act of hostility" against the United States, or "against any citizen thereof",( aka SUPERIOR COURT JUDICIAL TRIBUNAL) on the high seas,( IN THE ADMIRALTY OR MARITIME JURISDICTION OF THE UNITED STATES UNDER an attack from the COMMAND OF A "GOVERNMENTAL ENTITY") "under color of any commission" (UNDER COLOR OF LAW ) from any foreign prince, or state,( IN THE "UNITED STATES" OR ANY "STATE" )  or "on pretense of authority" (IN AN INFERIOR COURTS "governmental entity", any SHERIFF, AGENT, JUDGE, OFFICER,)  from "any person, is a pirate", and shall be "imprisoned for life". (June 25, 1948, ch. 645, 62 Stat. 774.) 

Title 18 U.S.C. Section §1658. Plunder of distressed vessel

(a) Whoever plunders, steals, or destroys any money, goods, merchandise, or other effects from or belonging to any vessel in distress, or wrecked, lost, stranded, or cast away, upon the sea, or upon any reef, shoal, bank, or rocks of the sea, or in any other place within the admiralty and maritime jurisdiction of the United States, shall be fined under this title or imprisoned not more than ten years, or both.

(b) Whoever willfully obstructs the escape of any person endeavoring to save his life from such vessel, or the wreck thereof; or Whoever holds out or shows any false light, or extinguishes any true light, with intent to bring any vessel sailing upon the sea into danger or distress or shipwreck—Shall be imprisoned not less than ten years and may be imprisoned for life.

(June 25, 1948, ch. 645, 62 Stat. 775; Pub. L. 103–322, title XXXIII, §330016(1)(K), Sept. 13, 1994, 108 Stat. 2147.)

Continued education link: https://uscode.house.gov/view.xhtml?path=/prelim@title18/part1/chapter81&edition=prelim

Regulation 33 - Title 33—Navigation and Navigable Waters

Distress situations: obligations and procedures ! ( United States & States Admiralty maritime waters, operation of Governmental entity, Administration of a "Person" of the contracting sovereigns through a personnel treaty)   

1 . The "master" (Judicial Tribunal / Special Master in a, or, in his court of record) of a ship ( "Person" of the contracting sovereigns)  at sea (Maritime admiralty jurisdiction of U.S. or any State) which is in a position to be able to provide assistance, on receiving information from any source that "persons are in distress at sea", is bound to proceed with all speed to their assistance, if possible informing them or the search and rescue service that the ship is doing so.This obligation to provide assistance applies regardless of the nationality or status of such "persons"(see: personnel treaties Blacks Law 4th edition Pg. 1674; Personal treaties relate exclusively to the "persons" ( "VESSEL" see Title 18 U.S.C. Sec 9;or any citizen thereof, ) of the contracting sovereigns, such as family alliances, and treaties guaranteeing the throne to a particular sovereign and his family. ) or the circumstances in which they are found. If the ship receiving the distress alert is unable or, in the special circumstances of the case, considers it unreasonable or unnecessary to proceed to their assistance, the "master" must enter in the log-book the reason for failing to proceed to the assistance of the persons in distress, taking into account the recommendation of the Organization to inform the appropriate search and rescue service accordingly.

unlawful 

General description for conduct that is illegal or not authorized by law. 

The term is sometimes used in a more narrow sense.  For instance, "unlawful" may refer only to conduct that is criminally punishable.  At other times, "unlawful" may refer only to actions that violate statutory law (as opposed to actions that violate uncodified common law doctrines such as negligence).

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Guilty

Primary tabs

Guilty generally means committing a crime or being responsible for it. In a criminal case, guilty means the admission by a defendant that they have committed the crime they were charged with, or the finding by a judge or a jury that the defendant has committed the crime.

[Last updated in December of 2021 by the Wex Definitions Team]

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intentional infliction of emotional distress: future harm.

Prima Facie Case

• The defendant acts
• The defendant's conduct is outrageous
• The defendant acts purposely or recklessly, causing the victim emotional distress so severe that it could be expected to adversely affect mental health
• The defendant's conduct causes such distress

First Amendment Limits on IIED Liability 

Certain intentional actions which may meet the prima facie case for an IIED (particularly as related to the outrageous conduct components) may not qualify for tort liability as an IIED, depending on the person at whom the conduct is directed or who commits the action, particularly as it regards to free speech.

Typically, a court will not assign IIED tort liability to a defendant based solely on them speaking negatively about someone, especially public figures. In order for speech to constitute IIED, the person must go further than simply criticizing someone; they must act outrageously. Continued education link:https://www.law.cornell.edu/wex/intentional_infliction_of_emotional_distress

duress: Duress refers to a situation where one person makes unlawful threats or otherwise engages in coercive behavior that causes another person to commit acts that they would otherwise not commit. 

In McCord v. Goode, 308 S.W.3d 409, the court defined duress as “unlawful conduct or a threat of unlawful conduct of such a character as to destroy the other party's exercise of free will and judgment…the threat must be imminent and the party must have no present means of protection.” A similar definition was laid down by the court in the case of Williams v. Williams, 939 So.2d 1154, in which the court noted that duress “is a condition of mind produced by an improper external pressure or influence that practically destroys the free agency of a party and causes him to do an act or make a contract not of his own volition.”

[Last updated in September of 2022 by the Wex Definitions Team]

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inferior /ĭn-fîr′ē-ər/    adjective    (inferior courts do not exist; see foot note below) 

1. Low or lower in order, degree, or rank.   " if a vessel floats than an inferior vessel does not float" 
2. Low or lower in quality, value, or estimation.  "inferior craft; felt inferior to his older sibling."
3. Second-rate; poor.                                          "an inferior translation."
4. Situated under or beneath.
5. Located below the perianth and other floral parts. Used of an ovary.
6. Located beneath or directed downward. " If a superior court is a floating vessel, than an inferior court is sunken vessel" 
7. Set below the normal line of type; subscript.

The American Heritage® Dictionary of the English Language, 5th Edition • More at Wordnik

Inferiority complex : In psychology, inferiority complex is a consistent feeling of inadequacy, often resulting in the belief that one is in some way deficient, or inferior, to others. According to Alfred Adler, a feeling of inferiority may be brought about by upbringing as a child, physical and mental limitations, or experiences of lower social status. An inferiority complex may cause an individual to overcompensate in a number of ways. For example, a person who feels inferior because they are shorter than average due to common modern day heightism may become overly concerned with how they appear to others. They may wear special shoes to make themself appear taller or surround themselves with individuals who are even shorter than they are. If this is taken to the extreme, it becomes a neurosis. Wikipedia

Note: (No inferior courts) There is no provision in any constitution be it that of the United States, or that of the state of California which authorizes courts not of record. California Constitution Article VI – Judicial Section 1. The "judicial power" of this "State" is vested in the "Supreme Court", "Courts of appeal", and   "Superior Courts", all of which are  "Courts of Record".  U.S. Constitution Art VII Amendment VII; In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any court of the United States, than according to the rules of the common law.  See California evidence code - EVID 451 and 452 document for more detail: 36f1f6b1-1731-43cf-809f-623f31fa5fbf 

Innocent   ĭn′ə-sənt    adjective

1. Uncorrupted by evil, malice, or wrongdoing; sinless.
2. Not guilty of a specific crime or offense; legally blameless.
3. Within, allowed by, or sanctioned by the law; lawful.

The American Heritage® Dictionary of the English Language, 5th Edition.

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Exempt   ĭg-zĕmpt′          transitive verb

1. To free from an obligation, duty, or liability to which others are subject.
2. To set apart; isolate.

adjective

1. Freed from an obligation, duty, or liability to which others are subject; excused.

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Rebut  rĭ-bŭt′       intransitive verb

1. To refute, especially by offering opposing evidence or arguments, as in a legal case.
2. To repel or reject.
3. To present opposing evidence or arguments.

The American Heritage® Dictionary of the English Language, 5th Edition.

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RULE OF COURT. An order made by a court having competent jurisdiction.

2. Rules of court are either general or special; the former are the laws by which the practice of the court is governed; the latter are special orders made in particular cases.

3. Disobedience to these is punished by giving judgment against the disobedient party, or by attachment for contempt.

Bouvier's Law Dictionary 1856 Edition                 R

you pronoun  ˈyü   yə,  also  yē  the one or ones being addressed used as the pronoun of the second person singular or plural in any grammatical relation except that of a possessive you may sit in that chair used formerly only as a plural pronoun of the second person in the dative or accusative case as direct or indirect object of a verb or as object of a preposition compare THEE, THOU, YE, YOUR, YOURS  : ONE sense 2a   after a while, it grows on you.

Charge  chärj     intransitive verb

1. To impose a duty, responsibility, or obligation on.
2. To instruct or urge authoritatively; command.
3. To instruct (a jury) about the law, its application, and the weighing of evidence. link continued education & training ;https://www.thefreedictionary.com/charge;  as in indictment; a formal claim of criminal wrongdoing against a person

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ENCUMBRANCE. A burden or charge upon an estate or property, so that it cannot be disposed of without being subject to it. A mortgage, a lien for taxes, are examples of encumbrances.

2. These do not affect the possession of the grantee, and may be removed or extinguished by a definite pecuniary value. See 2 Greenl. R. 22; 5 Greenl. R. 94.

deference /dĕf′ər-əns, dĕf′rəns/    noun

1. Submission or courteous respect given to another, often in recognition of authority. synonym: honor. "in an ancillary position" 
   Similar: honor
2. A yielding of judgment or preference from respect to the wishes or opinion of another; submission in opinion; regard; respect; complaisance.              "compliance as ancillary to a Court of records judicial tribunal who decree's LAW "
   Similar: regard        respect          complaisance
3. Great respect.
4. The willingness to carry out the wishes of others.   "as an ancillary to a courts judicial tribunal"
5. A courteous expression (by word or deed) of esteem or regard.

"be sure to give my respects to the dean"

1. Courteous regard for people's feelings.

"out of respect for his privacy"

1. A disposition or tendency to yield to the will of others.              "under an ancillary office to a judicial tribunal" 

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demurrer

Demur (or demurrer) refers to making a pleading that challenges the sufficiency or adequacy of pleadings of another party. Demurrers typically come in two forms: general and specific.

• A general demurrer challenges a broader problem with a pleading that affects all of the claims brought, such as improper venue.
• A specific demurrer objects to a particular problem with the details of a pleading, most commonly the failure to claim sufficient facts for a cause of action.

In ruling on a demurrer, a court accepts the factual assertions of the moving party as true. A demurrer does not challenge the truthfulness of facts in a pleading. If a demurrer is granted by the court, the case may be dismissed or the moving party may be given time to amend the pleading depending on the circumstances. 

Demurrers can only be made in some states that still allow such pleadings like California. The laws of those states will outline what defaults a demurrer can be used for and the procedures for doing so. The federal government and most states replaced the use of demurrers with variations of motions to dismiss. Unlike demurrers, motions to dismiss technically are a motion and may be more limited in scope than a demurrer. Both motions to dismiss and demurrers typically must be brought before an answer is filed to a pleading and can result in a claim being dismissed. However, in states where they still are allowed, a demurrer can be brought before a motion to dismiss, but anything ruled on in a demurrer waives the ability to bring a motion to dismiss on that same point of contention. For more information on federal practice, see this entry on a motion to dismiss.

[Last updated in March of 2023 by the Wex Definitions Team] Demurrer definition link: https://www.law.cornell.edu/wex/demurrer

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Warrant wôr′ənt, wŏr′-  noun  Continued education & training  COURT;https://www.bitchute.com/video/8bqtg4DnJxWS/

1. An order that serves as authorization, especially.
2. A judicial writ authorizing the search or seizure of property, arrest of a person, or the execution of a legal judgment.
3. A voucher authorizing payment or receipt of money.

The American Heritage® Dictionary of the English Language, 5th Edition. More at Wordnik

In rem Primary tabs  In rem, a Latin term for "against a thing," refers to courts’ power to adjudicate matters directed against property. In rem jurisdiction is one of the two forms of personal jurisdiction, with the other being in personam jurisdiction.

BILL ON BILLS OF EXCHANGE continued education & training link; https://www.bitchute.com/video/v5AilS4udyPQ/

BILL TURNER - STAMP DUTY continued education & training link: https://www.bitchute.com/video/UC089KXlzy49/

Contempt of court

Contempt of court, also referred to simply as "contempt" is the disobedience of an order of a court. Additionally, conduct tending to obstruct or interfere with the orderly administration of justice also qualifies as contempt of court. Under the Federal Rules of Civil Procedure (FRCP) Rule 70, a party that fails to perform a specific act, in accordance with a judgment by a court, can be charged with contempt and subsequently penalized. The purpose of recognizing contempt of court is to secure the dignity of the courts and the uninterrupted and unimpeded administration of justice. 

Direct and Indirect Contempt of Court continued education and training link; https://www.law.cornell.edu/wex/contempt_of_court

AFFIDAVIT 

affidavit   ăf″ĭ-dā′vĭt   noun

1. A written declaration made under oath before a notary public or other authorized officer.
2. A written declaration upon oath; a statement of facts in writing signed by the affiant, and sworn to or confirmed by a declaration before a notary public, a magistrate, or other authorized officer.
3. A sworn statement in writing; a declaration in writing, signed and made upon oath before an authorized magistrate.

The American Heritage® Dictionary of the English Language, 5th Edition.

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Legal maxim: "It is against equity for freemen not to have the free disposal of their own property."

The second maxim is "Equality before the law" or more precisely, ALL ARE EQUAL UNDER THE LAW. (God's Law - Moral and Natural Law). Exodus 21:23-25; Lev. 24: 17-21; Deut. 1;17, 19:21; Mat. 22:36-40; Luke 10:17; Col. 3:25. "No one is above the law". This is founded on both Natural and Moral law and is binding on everyone. For someone to say , or acts as though, he is "above the law" is insane. This is the major insanity in the world today. Man continues to live, act, believe, and form systems, organizations, governments, laws and processes which presume to be able to supercede or abrogate Natural or Moral Law. But, under commercial law, Natural and Moral Law are binding on everyone, and no one can escape it. Commerce, by the law of nations, ought to be common, and not to be converted into a monopoly and the private gain of the few.

The key point here is all are equal under the LAW!!!

This one is one of the most comforting maxims one could have, and your foundation for your peace-of-mind and your security and your capacity to win and triumph -- to get your remedy -- in this business. IN COMMERCE TRUTH IS SOVEREIGN. (Exodus 20:16; Ps. 117:2; John 8:32; II Cor. 13:8 ).Truth is sovereign -- and the Sovereign tells only the truth. Your word is your bond. If truth were not sovereign in commerce, i.e., all human action and inter-relations, there would be no basis for anything. No basis for law and order, no basis no accountability, there would be no standards, no capacity to resolve anything. It would mean "anything goes", "each man for himself", and "nothing matters". That's worse than the law of the jungle. Commerce. "To lie is to go against the mind". Oriental proverb: "Of all that is good, sublimity is supreme." 

TRUTH IS EXPRESSED IN THE FORM OF AN AFFIDAVIT. (Lev. 5:4-5; Lev. 6:3-5; Lev. 19:11-13: Num. 30:2; Mat. 5:33; James 5: 12). An affidavit is your solemn expression of your truth. In commerce, an affidavit must be accompanied and must underlay and form the foundation for any commercial transaction whatsoever. There can be no valid commercial transaction without someone putting their neck on the line and stated, "this is true, correct, complete and not meant to mislead." When you issue an affidavit, it is a two edged sword; it cuts both ways. Someone has to take responsibility for saying that it is a real situation. It can be called a true bill, as they say in the Grand Jury. When you issue an affidavit in commerce you get the power of an affidavit. You also incur the liability, because this has to be a situation where other people might be adversely affected by it. Things change by your affidavit, in which are going to affect people's lives. If what you say in your affidavit is, in fact, not true, then those who are adversely affected can come back at you with justifiable recourse because you lied. You have told a lie as if it were the truth. People depend on your affidavit and then they have lost because you lied.

AN UNREBUTTED AFFIDAVIT STANDS AS TRUTH IN COMMERCE. (12 Pet. 1:25; Heb. 6:13-15;) Claims made in your affidavit, if not rebutted, emerge as the truth of the matter. Legal Maxim: "He who does deny, admits."

The key here is COMMERCE and it's not law!!!

commerce kŏm′ərs  noun

1. The buying and selling of goods, especially on a large scale, as between cities or nations. synonym: business.
2. Intellectual exchange or social interaction.
3. Sexual intercourse.

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AN UNREBUTTED AFFIDAVIT BECOMES THE JUDGMENT IN COMMERCE. (Heb. 6:16-17;). There is nothing left to resolve. Any proceeding in a court, tribunal, or arbitration forum consists of a contest, or duel, of commercial affidavits wherein the points remaining unrebutted in the end stand as truth and matters to which the judgment of the law is applied.

IN COMMERCE FOR ANY MATTER TO BE RESOLVED MUST BE EXPRESSED. (Heb. 4:16; Phil. 4:6; Eph. 6:19-21). No one is a mind reader. You have to put your position out there, you have to state what the issue is, to have someone to talk about and resolve. Legal Maxim: "He who fails to assert his rights has none.)

The primary users of commercial law and those who best understand and codifiedit in Western Civilization are the Jews. This is Mosaic Law they have had for more than 3500 years past which is based upon Babylonian commerce. This one is: HE WHO LEAVES THE BATTLEFIELD FIRST LOSES BY DEFAULT. (Book of Job; Mat. 10:22; This means that an affidavit which is unrebutted point for point stands as "truth in commerce" because it hasn't been rebutted and has left the battlefield. Governments allegedly exist to resolve disputes, conflicts and truth. Governments allegedly exist to be substitutes for the dueling field and the battlefield for so disputes, conflicts of affidavits of truth are resolved peaceably, reasonably instead of by violence. So people can take their disputes into court and have them all opened up and resolved, instead of going out and marching ten paces and turning to kill or injure. Legal Maxim: "He who does not repel a wrong when he can, occasions it". 

SACRIFICE IS THE MEASURE OF CREDIBILITY (NO WILLINGNESS TO SACRIFICE = NO LIABILITY, RESPONSIBILITY, AUTHORITY OR MEASURE OF CONVICTION). Nothing ventured nothing gained. A person must put himself on the line assume a position, take a stand, as regards the matter at hand. and One cannot realize the potential gain without also exposing himself to thew potential of loss. (One who is not damaged, put at risk, or willing to swear an oath on his commercial liability to claim authority) (Acts 7, life/death of Stephen). for the truth of his statements and legitimacy of his actions has no basis to assert claims or charges and forfeits all credibility and right Legal Maxim: "He who bears the burden ought also to derive the benefit".

process server   noun

1. A person whose profession is the delivery of information to a person or entity providing notice that they are being sued.

Wiktionary, Creative Commons Attribution/Share-Alike License.

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These process server usually hands these correspondents to DEFENDANTS or RESPONDENTS! 

IF YOU DON'T KNOW YOUR RIGHT'S YOU WILL BECOME ONE OF THESE !!!

DEFENDANTS or RESPONDENTS! 

THESE ARE THE ACTORS NEEDED TO PROCEED!!!

The affidavit of the process server is the only document the judge relies on for judgment! 

REASON IS!

 AN UNREBUTTED AFFIDAVIT BECOMES THE JUDGMENT IN COMMERCE.

Remember that; Title 26 U.S.C. Sec 7806; take's away the PERSON; LEGAL ENTITY;  said ESTATE TRUST and give's 

the MAN !!! TRIBUNAL; PRINCIPAL; BENEFICIARY; 

ALL THE POWER!!! in A court of record!

WE MUST SUBPOENA THE PROCESS SERVER AND PUT HIM ON THE STAND TO SWEAR ON OATH THAT THE DEFENDANT AND THE MAN ARE ONE AND THE SAME!!! 

THIS CAN BE DONE HOWEVER; TITLE 26 U.S.C. SEC 7806; HAS DEFEATED THE ATTACK FROM INCEPTION!!!

THE PROCESS SERVER WILL NOT BE ABLE TO DO THAT!!!! IF WE NEED THIS APPROACH!

REMEMBER THIS MAXIM ; Expressio unius est exclusio alterius. The expression of one thing is the exclusion of another.

ONCE THE "PERSON" IS EXPRESSED; THE CASE IS DEFEATED!!! NO MEANS NO!!! 

ALSO REMEMBER; So, the tenth maxim of law is: A LIEN OR CLAIM CAN BE SATISFIED ONLY THROUGH REBUTTABLE BY AFFIDAVIT POINT BY POINT, RESOLUTION BY JURY, OR PAYMENT

NO MATTER WHAT IS CLAIMED THE CASE CANNOT PROCEED THERE IS NO DEFENDANT!!! ONLY A MAN!!!

REMEMBER YOUR NOT A DEFENDANT!!! OR A RESPONDENT !!! OR AN ACTOR!!!!

YOUR A MAN; TRIBUNAL; PRINCIPAL; BENEFICIARY; ONE OF THE PEOPLE!!!

REMEMBER THIS;  Commercial Law is non-judicial. This is pre-judicial (not prejudice). This is timeless. This is the base, the foundation beneath which any government or any of their court systems can possibly exist or function.

That means what the courts are doing, and what all governments are ultimately adjudicating and making rules about, are these basic rules of Commercial Law. When you go into court and place your hand on the Bible you say, "I swear the truth, the whole truth, and nothing but the truth . . ." you have just sworn a Commercial Affidavit.

It's the conflict between Commercial Affidavits of Truth that gives the court something to talk about, that forms the entire basis of its action, and its being there , in their venue. Hence, one of the reasons attorneys always create controversy. 

No court and no judge can overturn or disregard or abrogate somebody's Affidavit of Truth. The only one who has any capacity or right or responsibility or knowledge to rebut your Affidavit of Truth is the one who is adversely affected by it. It's his job, his right, his responsibility to speak for himself. To issue his own affidavit because no one can speak it for him. No one else can know what your truth is or has the free-will responsibility to state it. This is YOUR job.

REMEMBER THE MAN! TRIBUNAL! PRINCIPAL! BENEFICIARY! YOU HAVE ALL DISCRETION IN YOUR COURT OF RECORD!

IT'S YOUR JOB TO CLAM! TAKE COMMAND ! OF YOUR ESTATE TRUST!!! AND ADMINISTRATE THE ADMINISTRATION OF YOUR ESTATE TRUST!!!

Continued education and training link; https://www.bitchute.com/video/zPhv0KtBwVmm/

Continued education and training link;https://statenational-downloads.s3.amazonaws.com/education/twelve-presumptions.pdf

Continued education and training link;https://statenational-downloads.s3.amazonaws.com/documents/maxims-of-law.pdf

Notice and Demand or Notice in Law & Actions for Trespass
(Elements)

There is no penalty for making reasonable mistakes in good faith. But if one intentionally does harm, then he may be sued. But, before he can be sued, he must be given a fair opportunity to correct his error. The notice gives one that fair opportunity. By it he may have sufficient notice to assert proper diligence and inquire further so as to discover that which an inquiry pursued in good faith would disclose.

There is a wide latitude in the style you use to write the notice. You can pretend you are writing to your sweet old grandmother, or to the Devil himself. From the court's point of view the style doesn't matter if the legal points are made. Choice of style is a strategy decision--what effect do you want to have on the offender? Before sending the notice remember to apply Mark Twain's seven rules for good writing: "Revise, revise, revise, revise, revise, revise, revise." It takes seven major revisions to do a notice correctly.

In your notice to your adversary make the following points:

1. What he is doing or not doing.

2. Your injuries (e.g. loss of substantive rights). (NOTICE! "Injury" and "damages" are NOT synonymous words. Injury is the harm done. Damages are the compensation for the injury.)

3. His duty to not cause you injury. The moral, public, and private laws that require him to not cause you injury (e.g. Ten Commandments; Bill of Rights, 18 USC Sec. 241, 242; 42 USC Sections 1983, 1985, 1986; and your own rules).

4. He is breaching that duty.

5. State the damages (what he owes you) for the injury. Cite the moral, public and private measurements of the damages (e.g. Biblical; 18 USC Sec. 241, 242; 42 USC Sections 1983, 1985, 1986; and your own estimate.

6. Demand that he, in good faith, do his duty, pay you the damages, and to so do within a reasonable number of days (usually 60 days for government, 30 days for everyone else).

7. If he does not do as demanded within the alloted time, then by tacit procuration (assumed power of attorney) you will determine for him the facts, his duties, and the damages he owes you.

8. If he does not perform as demanded, you will take lawful action (in personam and in rem) to defend against him, and persons acting in concert with him, who cause or attempt to cause said injuries; to secure your substantive rights; and to redeem the damages owed to you.

The constructive notice should be served upon the adversary in the same manner that one would serve a summons in a law suit. A proof of service should be executed and held for use as necessary in a future law suit.

"Knowledge of facts which would naturally lead an honest and prudent person to make inquiry constitutes 'notice' of everything which such inquiry pursued in good faith would disclose. Twitchell v. Nelson, 131 Minn. 375, 155 N.W. 621, 624; German-American Nat. Bank of Lincoln v. Martin, 277 Ill. 629, 115 N.E. 721, 729." Black's Law Dictionary, 4th Ed., p. 1210.

"In another sense, 'notice' means information, an advice, or written warning, in more or less formal shape, intended to apprise a person of some proceeding in which his interests are involved, or informing him of some fact which it is his right to know and the duty of the notifying party to communicate." Black's Law Dictionary, 4th Ed., p. 1210.  

Notice and demand document link: /wp-content/uploads/go-x/u/a789b173-e30c-4026-8272-c026cc7b8198/noticeanddemandftb2023.rtf

 SIMPLE SIMON OPEN YOUR COURT THROUGH LETTERS IN RESPONSE TO PRESENTMENTS; defines Presentment as: “a demand made by or on behalf of a person; 

THE SUBJECT MATTER OF THE PRESENTMENT

DO NOT CONCERN YOUR SELF TO MUCH

REMEMBER THE HIERARCHY OF LAW 

GOD

MAN

CORPORATION

IF A CORPORATION IS WRITING TO A MAN THEY NEED AN AGENT TO ACT FOR THEM

AGENTS HAVE NO RIGHT THEY NEED A CONTRACT TO PROCEED

IF THEY GET A CONTRACT WE ARE THE PRINCIPAL / PRINCIPAL TO AGENT RELATIONSHIP

GOVERNMENT AGENCY'S ARE ONLY ADMINISTRATING OUR TRUSTS,THEY USE AGENTS TO TRICK US INTO CONTRACT TO GET INTO OUR TRUST. THEY WANT US TO ADDRESS THE SUBJECT MATTER OF THE PRESENTMENT. THEY ARE ON A FISHING MISSION.THEY WAIT FOR THE PEOPLE TO; 

ARGUE    /    AGREE    /    GO SILENT     

ANY ONE OF THOSE THREE THE PEOPLE ARE IN CONTRACT

WHO TO RESPOND TO, THE CEO/CFO/ MANAGER/ ETC.....

OPENING SENTENCE / WILL ACKNOWLEDGE

DEAR BOB

TODAY WE RECEIVED A NOTICE  OF A FINE/BILL/LEVY/ETC...AND WE DO NOT UNDERSTAND.  TO CLARIFY THE SITUATION WOULD BOB KINDLY RESPOND TO THE FOLLOWING QUESTIONS ABOVE/BELOW WITH IN 14 DAYS WITH THE STIPULATION BOBS NON RESPONSE WILL BE ACCEPTED AS SILENT ACQUIESCENT ADMISSION.  

QUESTIONS TO ESTABLISH STANDING; 

1. IS BOB AN AGENT OF THE CROWN/GOVERNMENT/STATE AGENCY?

2. IS BOB SWORN TO UPHOLD THE STATUTES & CODE'S OF ADMINISTRATIVE LAW?

3. IS BOB SWORN TO UPHOLD  Title 18 U.S.C. SECTION 241/ 242 & SEC 1001

4. IS BOB IN BREACH OF TITLE 18 U.S.C. SEC 241/242/ 1001 

5. SHOULD THIS NOT BE TREATED AS  DISCHARGED UNDER BREACH OF CONTRACT IN COMMERCIAL LAW.

NOTICE

WE BELIEVE THAT THIS IS A FRAUDULENT CLAIM FOR UNJUST ENRICHMENT AS THERE DOES NOT APPEAR TO BE A SWORN AFFIDAVIT TO SUBSTANTIATE  THE CHARGE AND WE DO NOT BELIEVE THAT THERE IS SUFFICIENT EVIDENCE TO SATISFY ALL ELEMENTS OF THE CHARGE OR A PLAINTIFF WILLING TO TAKE THE STAND AND TESTIFY TO THE VERACITY  OF THE CHARGE. 

ANY FURTHER ATTEMPT BY BOB TO EXTORT MONEY WILL REQUIRE A LETTER SIGNED BY BOB IN HIS PRIVATE CAPACITY UNDER HIS OWN FULL COMMERCIAL LIABILITY IN ORDER FOR US TO ADDRESS FULL ACCOUNTABILITY AND SEEK LEGAL RECOURSE UNDER THE FAIR TRADING ACT 1986. SEC 21.C & SEC 23. IN THE INTERIM THIS IS A CEASE AND DESIST ORDER  UNTIL THIS MATTER IS FINALIZED WITH STIPULATION THAT ANY FURTHER CONTACT WILL INVOKE THE FEES CONTAINED IN OUR FEE SCHEDULE. 

(ADD FEES SCHEDULE)

 YOUR SINCERELY

LEWIS CYPHER 

RE-CONTRACT ATTEMPT

 AS WE WROTE TO BOB WE DO NOT UNDERSTAND WHY DEPUTY DOG HAS REPLIED TO US IN A PUERILE ATTEMPT TO OBFUSCATE THE FACTS AND RE-CONTRACT US. 

 continued education & training video link: https://www.bitchute.com/video/WXD2Nt2PxHiP/

MY WILL - EDUCATIONAL VIDEO continued education & training link: https://www.bitchute.com/video/q2GWrHwLahwz/

THE PEN IS MIGHTIER THAN THE SWORD

The people must reduce it down to written form for any kind of success in LAW!

all correspondents must be sent through the post office and notary witness 

The post office is the seat of government and tampering with the mail is an indictable offence. 

Reduce to writing in all notice forms; Reduced to Writing means a concise statement outlining the nature of the grievance, (Notice and Demand or Notice in Law & Actions for Trespass) the provision(s) of the contract in dispute, and the relief requested. The District has a grievance form for this purpose (see Exhibit D), copies of which are available in the office of each building principal. The grievance form must be signed by the grieving teacher (or one of a group of grieving teachers) and by a duly authorized representative of the Association (even if the teacher does not wish to be represented by the Association). All subsequent processing of the grievance should ordinarily use the original grievance form. Continued education link; https://www.lawinsider.com/dictionary/reduced-to-writing

This reduce to writing form for the people dose not mean legalese which is clear FRAUD keep away from this and the people must understand there is no real legal system other than fraud keep this in mind.  legalese aka.....Title 18 U.S.C. SEC 1001 FRAUD, contracts, torts. Any trick or artifice employed by one person to induce another to fall into an error, or to detain him in it, so that he may make an agreement contrary to his interest. The fraud may consist either, first, in the misrepresentation, or, secondly, in the concealment of a material fact. Fraud, force and vexation, are odious in law..... contracts, torts. Any trick or artifice employed by one person to induce another to fall into an error, or to detain him in it, so that he may make an agreement contrary to his interest. AND OR ; SUBROGATION ; WORDS legalese  lē″gə-lēz′, -lēs′   noun

Legalese informally refers to specialized terminology and phrasing used by those in the legal field and within legal documents. Legalese is notoriously difficult for the public to understand. Key features of classic legalese include long, wordy, complicated sentence structures utilizing passive voice and obsolete formalisms, and the usage of Latin, archaic, or unnecessarily long words when simpler and clearer language exists. Continued education link: https://www.law.cornell.edu/wex/legalese

Bouvier's Law Dictionary
1856 Edition

S

STAMP, revenue. An impression made on paper, by order of the government, which must be used in reducing certain contracts to writing, for The purpose of raising a revenue. Vide Stark. Ev. h. t.; 1 Phil. Ev. 444.

2. Maryland is the only state in the United States that has enacted a stamp.

Bills of Exchange Act 1908

area of interest is sec 20 Inchoate instruments

20 Inchoate instruments

(1)

Where a simple signature on a blank stamped paper is delivered by the signer in order that it may be converted into a bill, it operates as a prima facie authority to fill it up as a complete bill for any amount the stamp will cover, using the signature for that of the drawer, or the acceptor, or an indorser; and in like manner, where a bill is wanting in any material particular, the person in possession of it has a prima facie authority to fill up the omission in any way he or she thinks fit.

(2)

In order that any such instrument when completed may be enforceable against any person who became a party thereto prior to its completion, it must be filled up within a reasonable time, and strictly in accordance with the authority given. Reasonable time for this purpose is a question of fact:

provided that if any such instrument after completion is negotiated to a holder in due course, it shall be valid and effectual for all purposes in his or her hands, and he or she may enforce it as if it had been filled up within a reasonable time and strictly in accordance with the authority given.

Compare: 1883 No 8 s 20

inchoate /ĭn-kō′ĭt, -āt/

adjective

1. Being in a beginning or early stage; incipient.
2. Imperfectly formed or developed; disordered or incoherent.
3. Recently, or just, begun; beginning; partially but not fully in existence or operation; existing in its elements; incomplete.
   Similar: beginningincomplete

The American Heritage® Dictionary of the English Language, 5th Edition • More at Wordnik

THE STAMP COMPLETES THE DOCUMENT AND MAKES AN INCHOATE INSTRUMENT COMPLETE!!!

STAMP DUTY ON BACK OF ALL PAGES OF YOUR DOCUMENT!!!

NOW WE NEED A WITNESS ON DOCUMENT OTHER THAN NOTARY!!!

Matthew 18:16

ESV But if he does not listen, take one or two others along with you, that every charge may be established by the evidence of two or three witnesses.

WHEN THERE ARE NO NOTARIES USE  BILLS OF EXCHANGE ACT 95 Protest when notary not accessible

95 Protest when notary not accessible

(1)

Where a dishonoured bill or note is authorised or required to be protested, and the services of a notary (In the California Republic a Court of Record has no Rules and notary is only recording the document in the superior courts file cabinet take note Title 26 U.S.C. Sec 7806; defeats all other court except a Court of Record)  cannot be obtained at the place where the bill is dishonoured, any householder or substantial resident of the place may, in the presence of 2 witnesses, give a certificate, signed by them, attesting the dishonour of the bill, and the certificate shall in all respects operate as if it were a formal protest of the bill.

(2)

The form given in Schedule 2 may be used with necessary modifications, and if used shall be sufficient.

Compare: 1883 No 8 s 94

use schedule 2 

Schedule 2 Protest where the services of a notary cannot be obtained

s 95

Know all people that I, AB [householder], of [specify], in New Zealand,("United States" or "State" Domicile) at the request of CD, there being no notary public available, did on [date], at [place], demand payment [or acceptance] of the bill of exchange hereunder written, from EF, to which demand he or she made answer [state answer, if any]: wherefore I now, in the presence of GH and JK, do protest the said bill of exchange.

(Signed) AB the tribunal-principal-beneficiary......etc..... (ask the TRIBUNAL if you have any questions) 

GH or JK  witnesses or more if you want follow the structure add as many as you can or want to join.....

Note: the bill itself should be annexed, or a copy of the bill, and all that is written thereon should be underwritten.

Compare: 1883 No 8 Schedule 1

THE PEOPLE HAVE THIS METHOD TO HOLE YOU COURT WITHOUT HAVING TO GO TO COURT BECAUSE THE NOTICE IS THE COURT!

HIGH COURT RULES (CROWN) / COURT OF RECORD (CALIFORNIA REPUBLIC OR STATES UNITED REPUBLIC "AMERICA" USA) 

1.3 Interpretation ; 1.3  Interpretation

(1) In these rules, unless the context otherwise requires,—

Act means the Senior Courts Act 2016

address for service, in relation to a party, means the address of a place in New Zealand( or "UNITED STATES" or a "STATE" Resident or U.S. Citizen,) at which a document may be left for that party, or to which it may be sent by post to that party, under these rules or, if the party is a defendant as defined in section 4(1) of the Trans-Tasman Proceedings Act 2010 who is served in Australia under section 13 of that Act with an initiating document for a proceeding, the address of a place in New Zealand or Australia (or "UNITED STATES" or a "STATE" Resident or U.S. Citizen,)  that, under section 18 of that Act, is or is to be treated as the defendant’s address for service for the proceeding

appearance means a document that states a "Person’s" or "Person" address for service, and is either—

(a) an appearance and objection to the jurisdiction of the court under rule 5.49; or

(b)an appearance for ancillary purposes under rule 5.50; or

(c)an appearance reserving rights under rule 5.51; or

(d)an appearance authorized by any other rule

application without notice has the same meaning as in rule 7.23

THERE ARE NO RULES IN A COURT OF RECORD and there is no other valid court available in the "United States" or any "State" there of

FOLLOW THE CRIMES ACT OF Crimes Act 1961 2 Interpretation

"Person" or "Persons", owner, and in other words and expressions of the like kind, include the Crown ("United States" or "State" defined in title 26 u.s.c. Sec 7806;) and any public body or local authority, and (governmental entity  Title 18 USC § 2711(4) )any board, society, or company, and any other body of "Persons", whether incorporated or not, and the inhabitants of the district of any local authority, in relation to such acts and things as it or they are capable of doing or owning

The people are not the "PERSON" we are the TRIBUNAL-PRINCIPAL-BENEFICIARY  the "PERSON" is our "Vessel" legal entity fiction estate trust, Period!!!

NO REAL REASON TO GO TO COURT THE DOCUMENT WILL WORK.....

MAIL OR SERVE ALL DOCUMENTS EMAIL AS WELL IF POSSIBLE OR TAKE YOUR DOCUMENT TO THE COURT!!!

CONTINUED EDUCATION VIDEO LINK: https://www.bitchute.com/video/yWyC81voK9NF/

Enforcement of foreign judgments

In law, the enforcement of foreign judgments is the recognition and enforcement in one jurisdiction of judgments rendered in another ("foreign") jurisdiction. Foreign judgments may be recognized based on bilateral or multilateral treaties or understandings, or unilaterally without an express international agreement. CONTINUED EDUCATION & TRAINING LINK: https://en.wikipedia.org/wiki/Enforcement_of_foreign_judgments

RECIPROCAL ENFORCEMENT OF
FOREIGN JUDGMENTS ACT 1959

2020 REVISED EDITION

This revised edition incorporates all amendments up to and including 1 December 2021 and comes into operation on 31 December 2021

An Act to make provision for the enforcement in Singapore of judgments and awards given in foreign countries which afford reciprocal treatment to judgments given in Singapore, for facilitating the enforcement in foreign countries of judgments given in Singapore and for matters connected therewith. CONTINUED EDUCATION & TRAINING LINK: https://sso.agc.gov.sg/Act/REFJA1959

“Right is right even if no one is doing it; wrong is wrong even if everyone is doing it.”

     Saint Augustine of Hippo 

Continued education and training on Saint Augustine of hippo link; https://www.britannica.com/summary/Saint-Augusti