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What is the legal definition of a Person?

Man or Fiction?

Do you know what you are? Are you a 'person'? Are you sure?

So you think you are a 'person', eh? According to Black's Law dictionary, 'a humanbeing is not a person because he is a human being, but because rights and duties have beenascribed to him. Specifically, the person is the legal subject or substance of which rights andduties are attributes. Bouviers Law Dictionary 1856 Edition: PERSON. This word is applied to

men, women and children, who are called natural persons. In law, man and person are notexactly-synonymous terms. Any human being is a man, whether he be a member of society or

not, whatever may be the rank he holds, or whatever may be his age, sex, &c. A person is a manconsidered according to the rank he holds in society, with all the rights to which the place he

holds entitles him, and the duties which it imposes. 1 Bouv. Inst. n. 137.

2. It is also used to denote a corporation which is an artificial person. 1 Bl. Com. 123; 4 Bing. 669;

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C. 33 Eng. C. L R. 488; Wooddes. Lect. 116; Bac. Us. 57; 1 Mod. 164.

3. But when the word "Persons" is spoken of in legislative acts, natural persons will be intended,unless something appear in the context to show that it applies to artificial persons. 1 Scam. R.

178.

4. Natural persons are divided into males, or men; and females or women. Men are capable of allkinds of engagements and functions, unless by reasons applying to particular individuals. Womencannot be appointed to any public office, nor perform any civil functions, except those which the

law specially declares them capable of exercising. Civ. Code of Louis. art. 25.

5. They are also sometimes divided into free persons and slaves. Freemen are those who havepreserved their natural liberty, that is to say, who have the right of doing what is not forbidden by

the law. A slave is one who is in the power of a master to whom he belongs. Slaves aresometimes ranked not with persons but things. But sometimes they are considered as persons

for example, a negro is in contemplation of law a person, so as to be capable of committing a riotin conjunction with white men. 1 Bay, 358. Vide Man.

6. Persons are also divided into citizens, (q. v.) and aliens, (q. v.) when viewed with regard totheir political rights. When they are considered in relation to their civil rights, they are living or

civilly dead; vide Civil Death; outlaws; and infamous persons.

7. Persons are divided into legitimates and bastards, when examined as to their rights by birth.

8. When viewed in their domestic relations, they are divided into parents and children; hushandsand wives; guardians and wards; and masters and servants son, as it is understood in law, see 1

Toull. n. 168; 1 Bouv. Inst. n. 1890, note.WOW heavy. So not every human being is a person, as was the case in Old England when therewere slaves'. You see, you as a human being have certain inalienable human rights. Your personhas certain inalienable civil rights. Believe it or not, you are not the one paying taxes, your person

is. Its not you that votes, your person does. You don't get a ticket, your person does. The bestway to imagine it is to imagine a human being wearing Pants with his 'Wallet' with his 'Id' in hispocket. The human being is a 'man' or 'human being' or a 'natural person'. 'The 'Wallet & ID's'

represents the 'legal persons' or 'corporations'. The two together is referred to as 'individual'.(Indivisible duo).

If you can understand that so far, you can understand the next as well. You have many'persons'.You can see these person in the form of all the different corporation Identification you

have such as 1 Birth Certificate, 2 Drivers License, 3 Social Insurance Number, 4 Medical Id,etc.Now look closely at your name on All those ID's and notice how it is all in capital letters JOHN

DOE This in legal mumbo jumbo is called: CapitisJOHN DOE: Capitis Diminutio Maxima: Blacks Law Dictionary Revised 4th

Ed.1968 The highest or most comprehensive loss of status. This occurred

when a mans condition was changed from one of freedom to one of

bondage, when he became a slave. It swept away with it all rights of

citizenship and all family rights.

John DOE: Capitis Diminutio Media: Blacks Law Dictionary Revised 4th

Ed.1968 A lesser or medium loss of status. This occurred where a man

loses his rights of citizenship, but without losing his liberty. It

carried away also the family rights.

John Doe: Capitis Diminutio Minima: Blacks Law Dictionary Revised 4th

Ed.1968 The lowest or least comprehensive degree of loss of status. This

occurred where a mans family relations alone were changed.It happened

upon the arrogation [pride] of a person who had been his own master,

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(sui juris,) [of his own right, not under any legal disability] or upon

the emancipation of one who had been under the patria potestas.

[parental authority] It left the rights of liberty and citizenship

unaltered. See Inst. 1, 16, pr.; 1, 2, 3; Dig. 4, 5, 11;

Mackeld.Rom.Law, 144.

They all have the same name, but have different personalities or functions. See, a personis not determined solely by the name, but by the rights and duties ascribed to that person. When

you get a traffic ticket, it is almost as if they are creating a person right there solely to deal withthat issue. Once dealt with, the person is no longer bound by it. Say you go to vote and on the

way you get a ticket. Can the person who got the ticket vote? Can you show them the ticket anduse that to secure your right to vote? No you cannot. The two entities, although having the same

name, have different sets of rights and duties, and therefore are in fact differentpersons or at least different facets of one. Now ask yourself, where does it say that you have tohave a 'person'? &c. A person is a man considered according to the rank he holds in society, with

all the rights to which the place he holds entitles him, and the duties which it imposes. 1 Bouv.Inst. n. 137. So??? Are you obliged to have one? In fact You were deceived into associating

yourself to that person at a very young age.It was actually when your parents created the personthrought registering it and then through there own ignorance of the law abandoned your person

by not claiming it back within alloted time usually 48 hrs and then the government then claim it asthere chattel property and imposed rights and duty upon it for life... Or so they hope... So If you

do have one a 'person', can you give it up? A 'person' is a man considered according to the rankhe holds in society. So Why have they gone to such trouble to hide from us the fact that they actupon our persons? The reason is simple as you can see from above; they need us to be dumband ignorant for their deception to work. Without ignorance, all the deception in the world won'thelp them hold onto their power. The person exists not so they can have power over us, but sowe can escape the power they claim if it gets too onerous. If all they can act upon is our person,and we can disassociate from that thing anytime we want, we can be in control. If we are never

aware it is there, we are slaves.______________________________________________________________________

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Maxims of Law

Maxims of Law

MAXIM. An established principle or proposition. Aprinciple of law universally admitted, as being just andconsonant With reason.

2. Maxims in law are somewhat like axioms in geometry. 1Bl. Com. 68. They are principles and authorities, and part of

the general customs or common law of the land; and are of thesame strength as acts of parliament, when the judges have

determined what is a maxim; which belongs to the judges andnot the jury. Terms do Ley; Doct. & Stud. Dial. 1, c. 8. Maximsof the law are holden for law, and all other cases that may beapplied to them shall be taken for granted. 1 Inst. 11. 67; 4

Rep. See 1 Com. c. 68; Plowd. 27, b.3. The application of the maxim to the case before the court, is

generally the only difficulty. The true method of making the

application is to ascertain bow the maxim arose, and to considerwhether the case to which it is applied is of the same character,

or whether it is an exception to an apparently general rule.4. The alterations of any of the maxims of the common law

are dangerous. 2 Inst. 210. The following are some of the moreimportant maxims.

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A limpossible nul nest tenu: No one is bound to do what isimpossible. 1 Bouv. Inst. n. 601.

Debile fundamentum, fallit opus: Where there is a weak foundation,the work falls. 2 Bouv. Inst. n. 2068

.Derativa potestas non potest esse major primitiva: The power whichis derived cannot be greater than that from which it is derived.

Est autem vis legem simulans: Violence may also put on the maskof law.

Ex malificio non oritur contractus: A contract cannot arise out ofan act radically wrong and illegal. Brooms Max. 851.

Falsus in uno, falsus in omnibus: False in one thing, false ineverything. 1 Sumn. 356.

Jura sanguinis nullo jure civili dirimi possunt: The right of bloodand kindred cannot be destroyed by any civil law. Dig. 50, 17, 9;Bacons Max. Reg. 11.

Lata culpa dolo aequiparatur: Gross negligence is equal to fraud.Lex semper dabit remedium. The law always gives a remedy. 3

Bouv. Inst. n. 2411.

Nomina si nescis perit cognitio rerum: If you know not the namesof things, the knowledge of things themselves perishes. Co. Litt.

86.

Nomina sunt notae rerum: Names are the notes of things. 11 Co.

20.

Non est arctius vinculum inter homines quam jusjurandum: There isno stronger link among men than an oath. Jenk. Cent. 126.

Non faciat malum, ut inde veniat bonum: You are not to do evilthat good may come of it. 11 Co. 74.

Qui bene interrogat, bene docet: He who questions well, learns well.3 Buls. 227.

Qui bene distinguit, bene docet: He who distinguishes well, learnswell. 2 Co. Inst. 470.

Qui tacet consentire videtur: He who is silent appears to consent.Jenk. Cent. 32.

Quod alias bonum et justum est, si per vim vel fraudem petatur, malumet injustum efficitur: What is otherwise good and just, if sought by

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force or fraud, becomes bad and unjust. 3 Co. 78.

Quod per me non possum, nec per alium: What I cannot do inperson, I cannot do by proxy. 4 Co. 24.

When the foundation fails, all fails.

The power derived cannot be greater than the source it is derivedfrom'

What I cannot do myself I cannot do byproxy

"Let he who be decieved be decieved"

WHAT IS MINE CANNOT BE TAKEN AWAY WITHOUT MY CONSENTTHINGS TAKEN BY PIRATES OR ROBBERS DO NOT CHANGE THEIR OWNERSHIP

_____________________________________________________________

Words we should all know the Legal definitions too:

Due Diligence

Here is a term of art seldom understood but frequently seen in the papers of civil lawsuits. In its plainmeaning due diligence is the diligence due to a particular matter (hence the term). Due diligence is the

reasonable attention a reasonable man would pay to the matter under the circumstances. Due diligence is aduty imputed to all of us to observe the protocols of civil obedience to the extent doing so does not depriveus unjustly. For example, if Green hires White to supervise Black, and White takes naps in the afternoon

while Black leans on the broom handle, White is said to have failed to exercise due diligence. If a guardianundertakes the care of his ward then permits the ward to die of malnutrition at the nursing home, there has

been a lack of due diligence. Ultimately, in a civil lawsuit, the determination of whether or not a partyexercised due diligence or not is one for the trier of fact (i.e., the jury if a jury is trying the facts, or the judge if

there is no jury). The test, again, is the diligence a reasonable man would deem to be due under the

circumstances.

ApplicationTo beg, plead, petition, implore, entreat or request.

http://www.allwords.com/word-application.html(emphasis added)

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Submission(Always voluntary) To agree to another's will or to leave to another's discretion. Form of

surrender. Implies lawful right to fighthttp://en.wiktionary.org/wiki/submit

(emphasis added)

Regarding "application":

The Bouvier's Law Dictionary 1856 says nothing interesting about "application". ("The act ofmaking a request for something", and other similarly useless statements.) Nor does it have a

definition for "apply". Lets take a look at the etymology of the word. (Etymology: "1398, from Gk.etymologia, from etymon "true sense" (neut. of etymos "true," related to eteos "true") + logos

"word.")

Application (etymology)1493, from O.Fr. application, from L. applicationem (nom. applicatio) "a joining to, an attaching

oneself to," noun of action from applicare (see apply).

Apply (etymology)c.1374, from O.Fr. aplier, from L. applicare "to attach to, to devote oneself to," from ad- "to" +

plicare "fold" see ply (v.)). The etymological sense is "to bring things in contact with one another."Applied (opposed to abstract or theoretical) is from 1656.

Regarding "submission":

Bouvier's Law Dictionary has a much more telling definition for this word.

SUBMISSION (Bouvier's Law)A yielding to authority. A citizen is bound to submit to the laws; a child to his parents; a servant tohis master. A victor may enforce, the submission of his enemy.

2. When a captor has taken a prize, and the vanquished have submitted to his authority, theproperty, as between the belligerents, has been transferred. When there is complete possession

on one side, and submission upon the other, the capture is complete. 1 Gallis. R. 532.

And the etymology:

submission (etymology)1411, "act of referring to a third party for judgment or decision," from O.Fr. submission, from L.

submissionem (nom. submissio) "a lowering, sinking, yielding," from submissus, pp. of submittere

"lower, reduce, yield" (see submit). Sense of "humble obedience" is first recorded 1449. Mod.Fr.submission has been replaced by doublet soumission. Submissive "inclined to submit" isrecorded from 1586.

submit (etymology)c.1374, "to place (oneself) under the control of another," from L. submittere "to yield, lower, let

down, put under, reduce," from sub "under" + mittere "let go, send." Sense of "refer to another for

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consideration" first recorded 1560.

Abstention

abstention. 1. The act of withholding or keeping back (something or oneself); esp., thewithholding of a vote. 2. A federal court's relinquishment of jurisdiction when necessary to avoidneedless conflict with a state's administration of its own affairs. 3. The legal principle underlyingsuch a relinquishment of jurisdiction. Cf. COMITY; OUR FEDERALISM. [Cases: Federal Courts

41-65. C.J.S. Bankruptcy 16, 40.]

burford abstention. A federal court's refusal to review a state court's decision in cases involving acomplex regulatory scheme and sensitive areas of state concern. Burford v. Sun Oil Co., 319

U.S. 315, 63 S.Ct. 1098 (1943).

Colorado River abstention. A federal court's decision to abstain while relevant and parallel state-court proceedings are underway. Colorado River Water Conservation Dist. v. United States, 424

U.S. 800, 96 S.Ct. 1236 (1976).

equitable abstention. A federal court's refraining from interfering with a state administrativeagency's decision on a local matter when the aggrieved party has adequate relief in the state

courts.

permissive abstention. Abstention that a bankruptcy court can, but need not, exercise in a disputethat relates to the bankruptcy estate but that can be litigated, or is being litigated, in anotherforum. In deciding whether to abstain, the bankruptcy court must consider (1) the degree to

which state law governs the case, (2) the appropriateness of the procedure to be followed in theother forum, (3) the remoteness of the dispute to the issues in the bankruptcy case, and (4) thepresence of nondebtor parties in the dispute. 28 USCA 1334(c)(1). [Cases: Federal Courts

47.5.]Pullman abstention. A federal court's decision to abstain so that state courts will have an

opportunity to settle an underlying state-law question whose resolution may avert the need to

decide a federal constitutional question. Railroad Comm'n v. Pullman Co., 312 U.S. 496, 61 S.Ct.643 (1941). [Cases: Federal Courts 43, 46.]

Thibodaux abstention (tib--doh). A federal court's decision to abstain so that state courts candecide difficult issues of public importance that, if decided by the federal court, could result in

unnecessary friction between state and federal authorities. Louisiana Power & Light Co. v. City ofThibodaux, 360 U.S. 25, 79 S.Ct. 1070 (1959). [Cases: Federal Courts 41, 43.]

Younger abstention. 1. A federal court's decision not to interfere with an ongoing state criminalproceeding by issuing an injunction or granting declaratory relief, unless the prosecution has

been brought in bad faith or merely as harassment. Younger v. Harris, 401 U.S. 37, 91 S.Ct. 746(1971). -- Also termed equitable-restraint doctrine. [Cases: Federal Courts 49, 51, 54.] 2. By

extension, a federal court's decision not to interfere with a state-court civil proceeding used to

enforce the criminal law, as to abate an obscene nuisance. See OUR FEDERALISM.Cite as: BLACK'S LAW DICTIONARY 8 (8th ed. 2004)

Acquiescence

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acquiescence (ak-wee-es-nts). 1. A person's tacit or passive acceptance; implied consent to anact.

commercial acquiescence. Patents. Action or inaction by a patentee's competitor that reflects the

competitor's belief that the patent is valid. A patent owner may use another person's actions orinactions, such as taking a license or attempting to design around a patent, as circumstantialevidence of the nonobviousness of a patented invention or of a patent's validity or enforceability.

[Cases: Patents 36.1(1). C.J.S. Patents 98-99.]

2. Int'l law. Passivity and inaction on foreign claims that, according to customary international law,usu. call for protest to assert, preserve, or safeguard rights. The result is that binding legal effect

is given to silence and inaction. Acquiescence, as a principle of substantive law, is grounded inthe concepts of good faith and equity.

Cite as: BLACK'S LAW DICTIONARY 25 (8th ed. 2004)

Adjudication

adjudication (-joo-di-kay-shn), n. 1. The legal process of resolving a dispute; the process ofjudicially deciding a case. 2. JUDGMENT.

former adjudication. See FORMER ADJUDICATION.3. Scots law. The Court of Session's transfer of heritable property to a creditor as security for or

in satisfaction of a debt, or its vesting title in an entitled claimant.


Consent

consent, n. 1. Agreement, approval, or permission as to some act or purpose, esp. givenvoluntarily by a competent person; legally effective assent. Consent is an affirmative defense to

assault, battery, and related torts, as well as such torts as defamation, invasion of privacy,conversion, and trespass. Consent may be a defense to a crime if the victim has the capacity to

consent and if the consent negates an element of the crime or thwarts the harm that the lawseeks to prevent. See Model Penal Code 2.11.

Quote"The consent [to a contract] is none the less 'genuine' and 'real,' even though it be induced byfraud, mistake, or duress. Consent may be induced by a mistaken hope of gain or a mistaken

estimate of value or by the lie of a third person, and yet there is a contract and we do not doubtthe 'reality of the consent.' Fraud, mistake, and duress are merely collateral operative facts that

co-exist with the expressions of consent and have a very important effect upon the resulting legalrelations." William R. Anson, Principles of the Law of Contract 199 n.1 (Arthur L. Corbin ed., 3d

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Am. ed. 1919).blank consent. See BLANK CONSENT.

express consent. Consent that is clearly and unmistakably stated.implied consent. 1. Consent inferred from one's conduct rather than from one's direct expression.-- Also termed implied permission. 2. Consent imputed as a result of circumstances that arise, as

when a surgeon removing a gallbladder discovers and removes colon cancer.informed consent. 1. A person's agreement to allow something to happen, made with full

knowledge of the risks involved and the alternatives. For the legal profession, informed consentis defined in Model Rule of Professional Conduct 1.0(e). 2. A patient's knowing choice about amedical treatment or procedure, made after a physician or other healthcare provider discloseswhatever information a reasonably prudent provider in the medical community would give to a

patient regarding the risks involved in the proposed treatment or procedure. -- Also termedknowing consent. [Cases: Health 906.]

knowing consent. See informed consent.voluntary consent. Consent that is given freely and that has not been coerced.

2. Parliamentary law. ADOPTION (5). -- consent, vb. -- consensual, adj.general consent. 1. Adoption without objection, regardless of whether every voter affirmatively

approves. 2. See unanimous consent (1).unanimous consent. 1. Adoption with every voter's approval. 2. See general consent (1). Theterms "general consent" and "unanimous consent" have distinct but interchangeable meanings.

Some parliamentary manuals treat them as synonymous; others distinguish them; and still othersdistinguish them, but in exactly the opposite way.Quote

"Motions that appear to have no opposition because they are relatively unimportant,uncontroversial, or because approval is obvious, permit the chair to say, 'The motion, without

objection, is adopted' (or agreed to), without putting the motion to a formal vote. General consentimplies that no one cared enough to oppose the motion or proposition. Unanimous consent

implies that everyone was in agreement. If there is even one objection, the request is denied andthe question must be put to a vote for adoption." Floyd M. Riddick & Miriam H. Butcher, Riddick's

Rules of Procedure 97 (1985).Quote

" 'Unanimous consent' does not necessarily imply that every member is in favor of the proposedaction; it may only mean that the opposition, feeling that it is useless to oppose or discuss the

matter, simply acquiesces." Henry M. Robert, Robert's Rules of Order Newly Revised 4, at 52(10th ed. 2001).


Liability

liability, n. 1. The quality or state of being legally obligated or accountable; legal responsibility toanother or to society, enforceable by civil remedy or criminal punishment . -- Also termed legal liability; responsibility; subjection. 2. (often pl.) A

financial or pecuniary obligation; DEBT .Quote"The term 'liability' is one of at least double signification. In one sense it is the synonym of duty,the correlative of right; in this sense it is the opposite of privilege or liberty. If a duty rests upon aparty, society is now commanding performance by him and threatening penalties. In a secondsense, the term 'liability' is the correlative of power and the opposite of immunity. In this case

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society is not yet commanding performance, but it will so command if the possessor of the powerdoes some operative act. If one has a power, the other has a liability. It would be wise to adoptthe second sense exclusively. Accurate legal thinking is difficult when the fundamental terms

have shifting senses." William R. Anson, Principles of the Law of Contract 9 (Arthur L. Corbin ed.,3d Am. ed. 1919).

Quote

"Liability or responsibility is the bond of necessity that exists between the wrongdoer and theremedy of the wrong. This vinculum juris is not one of mere duty or obligation; it pertains not to

the sphere of ought but to that of must." John Salmond, Jurisprudence 364 (Glanville L. Williamsed., 10th ed. 1947).

absolute liability. See strict liability.accomplice liability. Criminal responsibility of one who acts with another before, during, or (insome jurisdictions) after a crime. See 18 USCA 2. [Cases: Criminal Law 59. C.J.S. Criminal

Law 127, 998.]accrued liability. A debt or obligation that is properly chargeable in a given accounting period but

that is not yet paid.alternative liability. Liability arising from the tortious acts of two or more parties -- when the

plaintiff proves that one of the defendants has caused harm but cannot prove which one caused it-- resulting in a shifting of the burden of proof to each defendant. Restatement (Second) of Torts

433B(3) (1965). [Cases: Products Liability 23; Torts 21. C.J.S. Products Liability 40, 42;Torts 36-38.]civil liability. 1. Liability imposed under the civil, as opposed to the criminal, law. 2. The state of

being legally obligated for civil damages.contingent liability. A liability that will occur only if a specific event happens; a liability that

depends on the occurrence of a future and uncertain event. In financial statements, contingentliabilities are usu. stated in footnotes.

current liability. A business liability that will be paid or otherwise discharged with current assets orby creating other current liabilities within the next year (or operating cycle). -- Also termed short-

term debt.derivative liability. Liability for a wrong that a person other than the one wronged has a right to

redress. Examples include liability to a widow in a wrongful-death action and liability to acorporation in a shareholder's derivative suit.

enterprise liability. 1. Liability imposed on each member of an industry responsible formanufacturing a harmful or defective product, allotted by each manufacturer's market share ofthe industry. -- Also termed industry-wide liability. See market-share liability. [Cases: Products

Liability 23.1, 24. C.J.S. Products Liability 41.] 2. Criminal liability imposed on a business (suchas a corporation or partnership) for certain offenses, such as public-welfare offenses or offenses

for which the legislature specifically intended to impose criminal sanctions. See Model PenalCode 2.07. See public-welfare offense under OFFENSE (1).

fault liability. Liability based on some degree of blameworthiness. -- Also termed fault-basedliability. Cf. strict liability.

industry-wide liability. See enterprise liability.joint and several liability. Liability that may be apportioned either among two or more parties or toonly one or a few select members of the group, at the adversary's discretion. Thus, each liableparty is individually responsible for the entire obligation, but a paying party may have a right of

contribution and indemnity from nonpaying parties. See solidary liability. [Cases: Contracts 181;

Negligence 484; Torts 22. C.J.S. Contracts 366, 371; Negligence 154-156; Torts 39-44.]joint liability. Liability shared by two or more parties. [Cases: Negligence 484; Torts 22. C.J.S.Negligence 154-156; Torts 39-44.]

liability in solido. See solidary liability.liability without fault. See strict liability.

limited liability. Liability restricted by law or contract; esp., the liability of a company's owners fornothing more than the capital they have invested in the business. [Cases: Corporations 215.

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C.J.S. Corporations 414, 417, 425, 427.]market-share liability. Liability that is imposed, usu. severally, on each member of an industry,based on each member's share of the market or respective percentage of the product that is

placed on the market. This theory of liability usu. applies only in the situation in which a plaintiffcannot trace the harmful exposure to a particular product, as when several products contain a

fungible substance. For example, it is sometimes applied to a claim that the plaintiff was harmedby exposure to asbestos. See enterprise liability. [Cases: Products Liability 23.1, 24. C.J.S.

Products Liability 41.]official liability. Liability of an officer or receiver for a breach of contract or a tort committed during

the officer's or receiver's tenure, but not involving any personal liability.penal liability. Liability arising from a proceeding intended at least partly to penalize a wrongdoer.

Cf. remedial liability.personal liability. Liability for which one is personally accountable and for which a wronged party

can seek satisfaction out of the wrongdoer's personal assets.premises liability. See PREMISES LIABILITY.

primary liability. Liability for which one is directly responsible, as opposed to secondary liability.products liability. See PRODUCTS LIABILITY.

remedial liability. Liability arising from a proceeding whose object contains no penal element. The two types of proceedings giving rise to this liability are specific enforcement and restitution.

Cf. penal liability.

secondary liability. Liability that does not arise unless the primarily liable party fails to honor itsobligation.several liability. Liability that is separate and distinct from another's liability, so that the plaintiff

may bring a separate action against one defendant without joining the other liable parties.[Cases: Negligence 484; Torts 22. C.J.S. Negligence 154-156; Torts 39-44.]

shareholder's liability. 1. The statutory, added, or double liability of a shareholder for acorporation's debts, despite full payment for the stock. 2. The liability of a shareholder for any

unpaid stock listed as fully owned on the stock certificate, usu. occurring either when theshareholder agrees to pay full par value for the stock and obtains the certificate before the stockis paid for, or when partially paid-for stock is intentionally issued by a corporation as fully paid,

the consideration for it being entirely fictitious. -- Also termed stockholder's liability. [Cases:Corporations 215, 227. C.J.S. Corporations 414, 417, 425, 427.]

solidary liability (sol--dair-ee). Civil law. The liability of any one debtor among two or more jointdebtors to pay the entire debt if the creditor so chooses. La. Civ. Code art. 1794. This is

equivalent to joint and several liability in the common law. -- Also termed liability in solido. Seejoint and several liability. [Cases: Negligence 484; Torts 22. C.J.S. Negligence 154-156; Torts

39-44.]statutory liability. Liability that is created by a statute (or regulation) as opposed to common law.

stockholder's liability. See shareholder's liability.strict liability. Liability that does not depend on actual negligence or intent to harm, but that isbased on the breach of an absolute duty to make something safe. Strict liability most often

applies either to ultrahazardous activities or in products-liability cases. -- Also termed absoluteliability; liability without fault. Cf. fault liability; OUTCOME RESPONSIBILITY. [Cases: Negligence

301-307; Products Liability 5. C.J.S. Negligence 170-179; Products Liability 7-8.]tortious liability. Liability that arises from the breach of a duty that (1) is fixed primarily by the law,

(2) is owed to persons generally, and (3) when breached, is redressable by an action forunliquidated damages.

vicarious liability (vI-kair-ee-s). Liability that a supervisory party (such as an employer) bears forthe actionable conduct of a subordinate or associate (such as an employee) based on the

relationship between the two parties. See RESPONDEAT SUPERIOR. [Cases: Master andServant 300, 315; Negligence 483. C.J.S. Employer-Employee Relationship 181-184, 188-

193, 203, 231-235, 242, 244-246, 248, 251-252, 254-255; Negligence 152-153.]Quote

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"The vicarious liability of an employer for torts committed by employees should not be confusedwith the liability an employer has for his own torts. An employer whose employee commits a tort

may be liable in his own right for negligence in hiring or supervising the employee. If in mybusiness I hire a truck driver who has a record of drunk driving and on whom one day I detect the

smell of bourbon, I (along with my employee) may be held liable for negligence if his drivingcauses injury. But that is not 'vicarious' liability -- I am held liable for my own negligence in hiringthat employee or letting him drive after I know he has been drinking." Kenneth S. Abraham, The

Forms and Functions of Tort Law 166 (2002).

3. NO-RIGHT.


Debt

debt. 1. Liability on a claim; a specific sum of money due by agreement or otherwise . 2. The aggregate of all existing claims against a person, entity, or state


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"What are 'consumer' debts? Section 101(8) defines a consumer debt as follows: 'consumer debtmeans debt incurred by an individual primarily for a personal, family, or household purpose.' The

touchstone is the debtor's use of the money. The nature of the collateral, the business of thecreditor and the form of the loan are all irrelevant. A loan of $25,000 from a Credit Union to payfor a child's education is a consumer debt, but the same loan used to finance the opening of an

accounting business is not a consumer debt. This is so irrespective of the nature of the collateralput up for the debt." David G. Epstein et al., Bankruptcy 7-45, at 579 (1993).

contingent debt. A debt that is not presently fixed but that may become fixed in the future with theoccurrence of some event.

convertible debt. A debt whose security may be changed by a creditor into another form ofsecurity.

debt by simple contract. See simple-contract debt.debt by special contract. See special-contract debt.

debt by specialty contract. See special-contract debt.debt of record. A debt evidenced by a court record, such as a judgment.

desperate debt. 1. Uncollectible debt. 2. A debt taken on by one who is either insolvent or on theverge of insolvency.

exigible debt. A liquidated and demandable debt; a matured claim.fixed debt. Generally, a permanent form of debt commonly evidenced by a bond or debenture;

long-term debt. -- Also termed fixed liability.

floating debt. Short-term debt that is continuously renewed to finance the ongoing operations of abusiness or government.fraudulent debt. A debt created by fraudulent practices.

funded debt. 1. A state or municipal debt to be paid out of an accumulation of money or by futuretaxation. [Cases: Municipal Corporations 951. C.J.S. Municipal Corporations 1704-1705.] 2.

Secured long-term corporate debt meant to replace short-term, floating, or unsecured debt.general debt. A governmental body's debt that is legally payable from general revenues and is

backed by the full faith and credit of the governmental body. [Cases: Municipal Corporations 894.C.J.S. Municipal Corporations 1634, 1934.]

hypothecary debt. A lien on an estate.individual debt. (usu. pl.) Debt personally owed by a partner, rather than by the partnership.

[Cases: Partnership 144. C.J.S. Partnership 159.]installment debt. A debt that is to be repaid in a series of payments at regular times over a

specified period.

judgment debt. A debt that is evidenced by a legal judgment or brought about by a successfullawsuit against the debtor.

legal debt. A debt recoverable in a court of law.liquidated debt. A debt whose amount has been determined by agreement of the parties or by

operation of law.liquid debt. A debt that is due immediately and unconditionally.

long-term debt. Generally, a debt that will not come due within the next year.mutual debts. Cross-debts of the same kind and quality between two persons. Cf. SETOFF (2).

national debt. See NATIONAL DEBT.nondischargeable debt. A debt (such as one for delinquent taxes) that is not released through

bankruptcy. [Cases: Bankruptcy 3341-3362. C.J.S. Bankruptcy 316-336, 344, 348.]passive debt. A debt that, by agreement between the debtor and creditor, is interest-free.

preferential debt. A debt that is legally payable before others, such as an employee's wages.privileged debt. A debt that has priority over other debts if a debtor becomes insolvent; a secured

debt.public debt. A debt owed by a municipal, state, or national government. [Cases: Municipal

Corporations 869. C.J.S. Municipal Corporations 1609.]pure debt. See pure obligation under OBLIGATION.

secured debt. A debt backed by collateral.short-term debt. Collectively, all debts and other liabilities that are payable within one year. -- Also

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termed current liability.simple-contract debt. A debt that is either oral or written but is not of record and not under seal. --

Also termed debt by simple contract.special-contract debt. A debt due, or acknowledged to be due, by an instrument under seal, suchas a deed of covenant or sale, a lease reserving rent, or a bond. -- Also termed debt by special

contract; debt by specialty contract; specialty debt.Quote

"Any contract in short whereby a determinate sum of money becomes due to any person, and isnot paid but remains in action merely, is a contract of debt. And, taken in this light, it

comprehends a great variety of acquisition; being usually divided into debts of record, debts byspecial, and debts by simple contract." 2 William Blackstone, Commentaries on the Laws of

England 464 (1766).subordinate debt. A debt that is junior or inferior to other types or classes of debt.

unliquidated debt. A debt that has not been reduced to a specific amount, and about which theremay be a dispute.

Unsecured debt. A debt not supported by collateral or other security.


Signature

signature. 1. A person's name or mark written by that person or at the person's direction. -- Also

termed sign manual. [Cases: Signatures 1-5. C.J.S. Signatures 1-16.] 2. Commercial law. Anyname, mark, or writing used with the intention of authenticating a document. UCC 1-201(b)(37), 3-401(b). -- Also termed legal signature. [Cases: Sales 29. C.J.S. Sales 76.]

Quote"The signature to a memorandum may be any symbol made or adopted with an intention, actualor apparent, to authenticate the writing as that of the signer." Restatement (Second) of Contracts

134 (1979).digital signature. A secure, digital code attached to an electronically transmitted message thatuniquely identifies and authenticates the sender. A digital signature consists of a "hashed"

number combined with a number assigned to a document (a private-encryption key). Generatinga signature requires the use of private- and public-key-encryption software, and is often activated

by a simple command or act, such as clicking on a "place order" icon on a retailer's website.Digital signatures are esp. important for electronic commerce and are a key component of manyelectronic message-authentication schemes. Several states have passed legislation recognizingthe legality of digital signatures. See E-COMMERCE; KEY ENCRYPTION. [Cases: Signatures 2.

C.J.S. Signatures 14.]electronic signature. An electronic symbol, sound, or process that is either attached to or logically

associated with a document (such as a contract or other record) and executed or adopted by aperson with the intent to sign the document. Types of electronic signatures include a typedname at the end of an e-mail, a digital image of a handwritten signature, and the click of an "I

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accept" button on an e-commerce site. The term electronic signature does not suggest or requirethe use of encryption, authentication, or identification measures. A document's integrity

(unaltered content), authenticity (sender's identity), and confidentiality (of the signer's identity ordocument's contents) are not ensured merely because an electronic signature is provided for.

[Cases: Signatures 3. C.J.S. Signatures 12.]facsimile signature. 1. A signature that has been prepared and reproduced by mechanical orphotographic means. 2. A signature on a document that has been transmitted by a fascimile

machine. See FAX.private signature. Civil law. A signature made on a document (such as a will) that has not been

witnessed or notarized. [Cases: Wills 149. C.J.S. Wills 338.]unauthorized signature. A signature made without actual, implied, or apparent authority. It

includes a forgery. UCC 1-201(b)(41). [Cases: Banks and Banking 147; Bills and Notes 54,279. Banks and Banking 415-416; Bills and Notes; Letters of Credit 26-30, 150-151.]


Act

act, n. 1. Something done or performed, esp. voluntarily; a deed. -- Also termed action.Quote" '[A]ct' or 'action' means a bodily movement whether voluntary or involuntary ...." Model Penal

Code 1.13.2. The process of doing or performing; an occurrence that results from a person's will beingexerted on the external world; ACTION (2). -- Also termed positive act; act of commission.

Quote"The term act is one of ambiguous import, being used in various senses of different degrees ofgenerality. When it is said, however, that an act is one of the essential conditions of liability, we

use the term in the widest sense of which it is capable. We mean by it any event which is subjectto the control of the human will. Such a definition is, indeed, not ultimate, but it is sufficient for thepurpose of the law." John Salmond, Jurisprudence 367 (Glanville L. Williams ed., 10th ed. 1947).

Quote

"The word 'act' is used throughout the Restatement of this Subject to denote an externalmanifestation of the actor's will and does not include any of its results, even the most direct,

immediate, and intended." Restatement (Second) of Torts 2 (1965).abstract juridical act. Civil law. Ajuridical act whose validity may be independent of the existence

or lawfulness of the underlying cause. In some systems, examples include negotiableinstruments, debt remission, debt acknowledgment, and the novation of an obligation. See

juridical act.act in pais (in pay). [Law French] An act performed out of court, such as a deed made between

two parties on the land being transferred. See IN PAIS.act in the law. An act that is intended to create, transfer, or extinguish a right and that is effectivein law for that purpose; the exercise of a legal power. -- Also termed juristic act; act of the party;

legal act.act of hostility. See ACT OF HOSTILITY.

act of law. See act of the law.act of omission. See negative act.act of the law. The creation, extinction, or transfer of a right by the operation of the law itself,

without any consent on the part of the persons concerned. -- Also termed legal act; act of law. Cf.LEGAL ACT.

act of the party. See act in the law.administrative act. An act made in a management capacity; esp., an act made outside the actor's

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usual field (as when a judge supervises court personnel). An administrative act is often subjectto a greater risk of liability than an act within the actor's usual field. See IMMUNITY (1).

bilateral act. An act that involves the consenting wills of two or more distinct parties, as with acontract, a conveyance, a mortgage, or a lease; AGREEMENT (1).

cexternal act. An act involving bodily activity, such as speaking.intentional act. An act resulting from the actor's will directed to that end. An act is intentionalwhen it is foreseen and desired by the doer, and this foresight and desire resulted in the act

through the operation of the will.internal act. An act of the mind, such as thinking.

judicial act. An act involving the exercise of judicial power. -- Also termed act of court.Quote

"The distinction between a judicial and a legislative act is well defined. The one determines whatthe law is, and what the rights of parties are, with reference to transactions already had; the other

prescribes what the law shall be in future cases arising under it." Union Pacific R.R. v. UnitedStates, 99 U.S. 700, 721 (1878) (Field, J., dissenting).

jural act (joor-l). An act taken in the context of or in furtherance of a society's legal system. -- Alsotermed jural activity.

quote"In order to identify an act as a jural act, it must be the kind of act that would be engaged in by

someone who is enforcing a law, determining an infraction of the law, making or changing a law,or settling a dispute." Martin P. Golding, Philosophy of Law 23 (1975).juridical act. Civil law. A lawful volitional act intended to have legal consequences. Cf. abstract

juridical act.juristic act. See act in the law.

legal act. See LEGAL ACT.ministerial act. An act performed without the independent exercise of discretion or judgment. Ifthe act is mandatory, it is also termed a ministerial duty. See ministerial duty under DUTY (2).

negative act. The failure to do something that is legally required; a nonoccurrence that involvesthe breach of a legal duty to take positive action. This takes the form of either a forbearance or

an omission. -- Also termed act of omission.negligent act. An act that creates an unreasonable risk of harm to another.

predicate act. See PREDICATE ACT.quasi-judicial act. See QUASI-JUDICIAL ACT.

tortious act. An act that subjects the actor to liability under the principles of tort law.unilateral act. An act in which there is only one party whose will operates, as in a testamentary

disposition, the exercise of a power of appointment, or the voidance of a voidable contract.unintentional act. An act not resulting from the actor's will toward what actually takes place.verbal act. 1. An act performed through the medium of words, either spoken or written. 2.

Evidence. A statement offered to prove the words themselves because of their legal effect (e.g.,the terms of a will). For this purpose, the statement is not considered hearsay.

3. The formal product of a legislature or other deliberative body; esp., STATUTE. For thevarious types of acts, see the subentries under STATUTE.


Notary Public

notary public (noh-t-ree), n. A person authorized by a state to administer oaths, certifydocuments, attest to the authenticity of signatures, and perform official acts in commercialmatters, such as protesting negotiable instruments. -- Often shortened to notary. [Cases:

Notaries 1. C.J.S. Notaries 2.] -- Abbr. n.p. Pl. notaries public. -- notarize, vb. -- notarial, adj.

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Quote"A notary public is an officer long known to the civil law, and designated as registrarius, actuarius,or scrivarius." John Proffatt, A Treatise on the Law Relating to the Office and Duties of Notaries

Public 1, at 1 (John F. Tyler & John J. Stephens eds., 2d ed. 1892).

Quote

"The notary public, or notary, is an official known in nearly all civilized countries. The office is ofancient origin. In Rome, during the republic, it existed, the title being tabelliones forenses, or

personae publicae; and there are records of the appointment of notaries by the Frankish kingsand the Popes as early as the ninth century. They were chiefly employed in drawing up legal

documents; as scribes or scriveners they took minutes and made short drafts of writings, either ofa public or a private nature. In modern times their more characteristic duty is to attest the

genuineness of any deeds or writings, in order to render the same available as evidence of thefacts therein contained." Benjamin F. Rex, The Notaries' Manual 1, at 1-2 (J.H. McMillan ed.,

6th ed. 1913).

Quote

"In jurisdictions where the civilian law prevails, such as in the countries of continental Europe, anotary public is a public official who serves as a public witness of facts transacted by private

parties ... and also serves as impartial legal advisor for the parties involved.... In colonialLouisiana, the notary public had the same rank and dignity as his continental civilian ancestor....Although notaries still constitute a protected profession in present-day Louisiana, holding office

for life provided they renew their bonds periodically in compliance with the governing statute, theimportance of their function has diminished over the years to the point that it has been said that a

Louisiana notary is no longer a truly civilian notary. Indeed, the trained lawyer is nowadays theLouisiana, and American, counterpart of the continental civilian notary." Saul Litvinoff, 5

Louisiana Civil Law Treatise: The Law of Obligations 296-97 (2d ed. 2001).


A Freeman-on-the-Land, Freeman upon the land, SoveriegnHuman Being, Soveriegn Canadian, Awake, ONENiSM

plus other recognised and similar alternatives to the person.

Could (in light of our Society - Community) be collectively referred to as :Free-Thinkers"or"thinkfree'ers"

One who peacefully and lawfully exists free of all statutory obligations and restrictions.One who has withdrawn consent to be governed.

One who has withdrawn consent to be represented.

One who believes everyone has the right to Life, Liberty, Property and the Persuit of Happiness,so long as they do not impose upon these same rights of others.

"DO NO HARM". I don't think anyone can objects to this being the most basic and simpledefinition in one phrase that cover all Crime, Fraud, Violence,Rioting,etc.etc.etc. It says it all!!!

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"DO NO HARM". Every other Stupid long winded Statute Acts Laws Charter Magna's PapalBullsare all just that longtwinded fowl smelling hot air for *** HARM ***

One who believes, one should not harm others or their property (as above) or conduct fraud intheir contracts.

One who follows Golden Rules like "Do not do unto others what you would not have them do untoyou".

One who understands Karma and Karma's like "What Goes Around Comes Around

One who understands that there is know other human between you and your GOD on this planetthat hold's any power or any kind of authority over One's self or any other human being's.Oh!!!Except GOD So in the absence of an signed Affidavit with the wet ink signature of GOD on it

giving someone else authority over you.

Freeman can mean: An individual not tied to land under the Medieval feudal system, unlike avillein or serf

from Wikipedia, the free on-line encyclopedia

FREEMAN. One who is in the enjoyment of the right to do whatever he pleases, not forbidden bylaw. One in the possession of the civil rights enjoyed by, the people generally. 1 Bouv. Inst. n.

164. See 6 Watts, 556:Bouvier's Law Dictionary, 1856 Edition

FREEMAN. This word has had various meanings at different stages of history. In the Roman law,it denoted one who was either born free or emancipated, and was t h e opposite of "slave." Infeudal law, it designated an allodial proprietor, as distinguished from a vassal or feudal tenant.

(And so in Pennsylvania colonial law. Fry's Election Case, 71 Pa. 308, 10 Am. Rep. 698.) In oldEnglish law, the word described a freeholder or tenant by free services; one who was not a

villein. In modern legal phraseology, it is the appellation of a member of a city or borough havingthe right of suffrage, or a member of any municipal corporation invested with full civic rights. A

person in the possession and enjoyment of all the civil and political rights accorded to the peopleunder a free government.

A LAW DICTIONARY, BY HENRY CAMPBELL BLACK, M.A. second edition

FREEMAN, primarily one who is free, as opposed to a slave or serf (see Feudalism; Slavery).The term is more specifically applied to one who possesses the freedom of a city, borough orcompany. Before the passing of the Municipal Corporations Act 1835, each English borough

admitted freemen according to its own peculiar custom and by-laws. The rights and privileges ofa freeman, though varying in different boroughs, generally included the right to vote at a

parliamentary election of the borough, and exemption from all tolls and dues. The act of 1835respected existing usages, and every person who was then an admitted freeman remained one,retaining at the same time all his former rights and privileges. The admission of freemen is nowregulated by the Municipal Corporations Act 1882. By section 201 of that act the term "freeman"

includes any person of the class whose rights and interests were reserved by the act of 1835

under the name either of freemen or of burgesses. By section 202 no person can be admitted afreeman by gift or by purchase; that is, only birth, servitude or marriage are qualifications. TheHonorary Freedom of Boroughs Act 1885, however, makes an exception, as by that act thecouncil of every borough may from time to time admit persons of distinction to be honoraryfreemen of the borough. The town clerk of every borough keeps a list, which is called "thefreeman's roll," and when any person claims to be admitted a freeman in respect of birth,

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servitude or marriage, the mayor examines the claim, and if it is established the claimant's nameis enrolled by the town clerk.

A person may become a freeman or freewoman of one of the London livery companies by (1)apprenticeship or servitude; (2) patrimony; (3) redemption; (4) gift. This last is purely honorary.

The most usual form of acquiring freedom was by serving apprenticeship to a freeman, free bothof a company and of the city of London. By an act of common council of 1836 apprenticeship was

permitted to freemen of the city who had not taken up the freedom of a company. By an act ofcommon council of 1889 the term of service was reduced from seven years to four years.

Freedom by patrimony is always granted to children of a person who has been duly admitted tothe freedom. Freedom by redemption or purchase requires the payment of certain entrance fees,which vary with the standing of the coln-, pany. In the Grocers' Company freedom by redemptiondoes not exist, and in such companies as still have a trade, e.g. the Apothecaries and Stationers,

it is limited to members of the trade.See W. C. Hazlitt, The Livery Companies of the City of London (1892).

1911 edition of the Encyclopedia Britannica

freemanFREE'MAN, n. [free and man.]

1. One who enjoys liberty, or who is not subject to the will of another; one not a slave or vassal.2. One who enjoys or is entitled to a franchise or peculiar privilege; as the freemen of a city or

state.Webster's 1828 Dictionary.

Freeman.1. A person not in slavery or serfdom.

2. One who possesses the rights or privileges of a citizen.Answers.com

freeman [ freeman ] (plural freemen [ free'men ])1. man given freedom of place: a man who has been formally given citizenship of a place,

together with various special privileges, as an honor. 'a freeman of the city'2. man not enslaved: a man who is not a slave or serf

Encarta World English Dictionary, North American Edition

freeman noun 1. a person who has been given the freedom of a city or borough.

2. historical a person who is not a slave or serf.Compact Oxford English Dictionary

freeman1. A person not in slavery or serfdom.

2. One who possesses the rights or privileges of a citizenThe American Heritage Dictionary of the English Language

Freeman n. 1. City in Missouri (USA), population 480; zip code 64746. 2. City in South Dakota(USA), population 1293; zip code 57029. :lol:

freeman n. freemen


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black man who was free from birth or later in life.Genealogy.com Glossary

FreemanOrigin: as. Freoman; freofree _ mann man.

1. One who enjoys liberty, or who is not subject to the will of another; one not a slave or vassal.2. A member of a corporation, company, or city, possessing certain privileges; a member of a

borough, town, or state, who has the right to vote at elections. See Liveryman. Both having beenmade freemen on the same day. (Addison)

Biological Sciences Dictionary, biology on-line.com.org

FREEMAN - in general, a white male over 21 years of age holding full rights of citizenship who isfree to ply a trade, own land, and to vote :shock:

Genealogical Terms Commonly Used in Genealogical Research, familyresearch.com

USURPATION

USURPATION. Torts. The unlawful assumption of the use of property which belongs to another;an interruption or the disturbing a man in his right and possession. Tomlins.

In public law. The unlawful seizure or assumption of sovereign power; the assumption ofgovernment or supreme power by force or illegally, in derogation of the constitution and of the

rights of the lawful ruler.Usurpation of advowson. An injury which consists in the absolute ouster or dispossession of

the patron from the advowson or right of presentation, and which happens when a stranger whohas no right presents a clerk, and the latter is thereupon admitted and instituted. Brown.

Usurpation of franchise or office. The unjustly intruding upon or exercising any office,franchise, or liberty belonging to another.

USURPED POWER. In insurance. An invasion from abroad, or an internal rebellion, where

armies are drawn up against each other, when the laws are silent, and when the firing of townsbecomes unavoidable. These words cannot mean the power of a common mob. 2 Marsh. Ins.791.

USURPER. One who assumes the right of government by force, contrary to and in violation of theconstitution of the country.

USURPATIO. Lat In the civil law. The interruption of a usurpation, by some act on the part of thereal owner.

COMMOTION. A "civil commotion" isan insurrection of the people for general

purposes, though it may not amount to re-

hellion where there Is a usurped power. 2Marsh. Ins. 793; Boon v. Insurance Co., 40Conn. 584; Grame v. Assur. Soc, 112 U. S.273, 5 Sup. Ct 150, 28 L. Ed. 716; Spruill

v. Insurance Co., 46 N. C. 127.

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Nisi feceris. The name of a clause com-monly occurring in the old manorial writs, com-

manding that, if the lords failed to do justice,the king's court or officer should do it. By vir-

tue of this clause, the king's court usurped thejurisdiction of the private, manorial, or local

courts.

FEHMGERICHTE. The name given tocertain secret tribunals which flourished inGermany from the end of the twelfth cen-

tury to the middle of the sixteenth, usurpingmany of the functions of the governmentswhich were too weak to maintain law andorder, and inspiring dread in all who came

within their jurisdiction. Enc. Brit. Sucha court existed in Westphalia (though withgreatly diminished powers) until finally sup-

pressed in 1811.

When one man invades the possession of an-other, and by force or surprise turns him out

of the occupation of his lands, this is termed a"disseisin," being a deprivation of that actualseisin or corporal possession of the freehold

which the tenant Defore enjoyed. In otherwords, a disseisin is said to be when one entersintending to usurp the possession, and to oust

another from the freehold. To constitute anentry a disseisin, there must be an Ouster ofthe freehold, either by taking the profits or by

claiming the inheritance. Brown.

DE Facto

"A government of fact. A government actually exercising power and control in the state, asopposed to the true and lawful government; a government not established according to theconstitution of the state, or not lawfully entitled to recognition or supremacy, but which hasnevertheless supplanted or displaced the government "de jure". A government deemedunlawful, or deemed wrongful or unjust, which, nevertheless, receives presently habitual

obedience from the bulk of the community."

DE FACTO. In fact, in deed, actually. This phrase is used to characterize an officer, agovernment, a past action, or a state of affairs which exists actually and must be accepted forall practical purposes, but which is illegal or illegitimate. In this sense it is the contrary of de jure,which means rightful, legitimate, just or constitutional. Thus, an officer, king, or government de

facto is one who is in actual possession of the office or supreme power, but by usurpation, orwithout respect to lawful title; while an officer, king, or governor de jure Is one who has just

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claim and rightful title to the office or power, but who has never had plenary possession of thesame, or is not now in actual possession. 4 Bl. Comm. 77, 78. So a wife de facto is one whose

marriage is voidable by decree, as distinguished from a wife de jure, or lawful wife. 4 Kent Comm.36.

But the term Is also frequently used independently of any distinction from de jure; thus ablockade de facto is a blockade which is actually maintained, as distinguished from a mere paper

blockade.As to de facto "Corporation," "Court," "Domicile," "Government," and "Officer," see those titles.

Government de facto. A government of fact. A government actually exercising power and con-trol in the state, as opposed to the true and lawful government; a government not established

according to the constitution of the state, or not lawfully entitled to recognition or supremacy, butwhich has nevertheless supplanted or displaced the government de jure. A governmentdeemed unlawful, or deemed wrongful or unjust, which, nevertheless, receives presently

habitual obedience from the bulk of the community. Aust. Jur. 324. There are several degreesof what is called "de facto government." Such a government, in its highest degree, assumes a

character very closely resembling that of a lawful government This is when the usurpinggovernment expels the regular authorities from their customary seats and functions, andestablishes itself in their place, and so becomes the actual government of a country. The

distinguishing characteristic of such a government is that adherents to it in war against thegovernment de jure do not incur the penalties of treason; and, under certain limitations,

obligations assumed by it in behalf of the country or otherwise will, in general, be respected bythe government de jure when restored.

But there is another description of government, called also by publicists a "government defacto," but which might, perhaps, be more aptly denominated a "government of paramount force."Its distinguishing characteristics are (1) that its existence is maintained by active military power,within the territories, and against the rightful authority, of an established and lawful government;and (2) that, while it exists, it must necessarily be obeyed in civil ihat-ters by private citizens

who, by acts of obedience, rendered in submission to such force, do not become responsible,as wrong-doers, for those acts, though not warranted by the laws of the rightful government.Actual governments of this sort are established over districts differing greatly in extent and

conditions. They are usually administered directly by military authority, but they may beadministered, also, by civil authority, supported more or less by military force. Thorington v.

Smith, 8 Wall. 8, 9, 19 Li. Ed. 361. The term "de facto," as descriptive of a government, has nowell-fixed and definite sense. It is, perhaps, most correctly used as signifying a government

completely, though only temporarily, established in the place of the lawful or regular government,occupying its capitol, and exercising its power, and which is ultimately overthrown, and the

authority of the government de jure re-established. Thomas v. Taylor, 42 Miss. 651, 703, 2 Am.Rep. 625. A government de facto is a government that unlawfully gets the possession and

control of the rightful legal government, and maintains itself there, by force and arms, against thewill of such legal government, and claims to exercise the powers thereof. Chisholm v. Coleraan,43 Ala. 204, 94 Am. Dec. 677. And see further Smith v. Stewart, 21 Da. Ann. 67, 99 Am. Dec.709; Williams v. Bruffy, 96 U. S. 176, 24 L. Ed. 716; Keppel v. Railroad Co., 14 Fed. Cas. 357

Officer de facto. As distinguish-

ed from an officer de jure, this is the designa-tion of one who is in the actual possession andadministration of the office, under some colora-ble or apparent authority, although his title to

the same, whether by election or appointment,is in reality invalid or at least formally ques-

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tioned. See Norton v. Shelby County, 118 U.S. 425, 6 Sup. Ct. 1121, 30 L. Ed. 78; State

v. Carroll. 38 Conn. 449, 9 Am. Rep. 409; Tren-ton v. McDaniel, 52 N. C. 107; Barlow v. Stan-ford, 82 111. 298; Brown v. Lunt , 37 Me. 423;Gregg Tp. v. Jamison, 55 Pa. 468; Pierce v.Edington, 38 Ark. 150; Plymouth v. Painter,17 Conn. 585, 44 Am. Dec. 574; Prescott v.Hayes, 42 N. H. 56; Jewell v. Gilbert, 64 N.H. 12, 5 Atl. 80, 10 Am. St. Rep. 357; Griffinv. Cunningham, 20 Grat . (Va.) 31 ; Ex parte

Strang, 21 Ohio St. 610.

Judge de facto. One who holds and exercises the office of a judge under color of lawful authorityand by a title valid on its face, though he has not full right to the office, as where he was

appointed under an unconstitutional statute, or by an usurper of the appointing power, or hasnet taken the oath of office. State v. Miller, 111 Mo. 542, 20 S. W. 243; Walcott v. Wells, 21 Nev.47, 24 Pac. 367, 9 D. R, A. 59, 37 Am. St. Rep. 478; Dredla v. Baache, 60 Neb. 655, 83 N. W.

916; Caldwell v. Barrett, 71 Ark. 310, 74 S. W. 748

De facto court. One established, organized, and exercising its judicial functions under authorityof a statute apparently valid, though such statute may be in fact unconstitutional and may beafterwards so adjudged; or a court established and acting under the authority of a de facto

government. 1 Bl. Judgm. 173; Burt v. Railroad Co., 31 Minn. 472, 18 N. W. 285.

Corporation de facto. One existing un-der color of law and in pursuance of an ef-fort made in good faith to organize a cor-poration under the statute; an association

of men claiming to be a legally incorporated

company, and exercising the powers andfunctions of a corporation, but without ac-

tual lawful authority to do so. Foster v.Hare, 26 Tex. Civ. App. 177, 62 S. W. 541;

Attorney General v. Stevens, 1 N. J. Eg.. 378,22 Am. Dec. 526; Manufacturing Co. v. Scho-

field, 28 Ind. App. 95, 62 N. E. 106; CedarRapids Water Co. v. Cedar Rapids, 118 Iowa,234, 91 N. W. 1081; Johnson v. Okerstrom,

70 Minn. 303, 73 N. W. 147; Tulare Irrig.Dist v. Shepard, 185 U. S. 1, 22 Sup. Ot. 531,

46 L. Ed. 773; In re Gibbs' Estate, 157 Pa.59, 27 Atl. 383, 22 L. R. A. 276; Pape v.

Bank, 20 Kan. 440, 27 Am. Rep. 183.

De facto contract. One which has purported to pass the property from the owner to another.Bank v. Logan, 74 N. Y. 575; Edmunds v. Transp. Co., 135 Mass. 283.

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EX FACTO. From or in consequence ofa fact or action; actually. Usually applied

to an unlawful or tortious act as the founda-tion of a title, etc. Sometimes used as equiv-

alent to "de facto." Bract, fol. 172.

PERINDE VALERE. A dispensationgranted to a clerk, who, being defective in

capacity for a benefice or other ecclesiasticalfunction, is de facto admitted to it. Cowell.

|ie: the clerks who sign defacto orders and warrants/summons for the quasi-judge who doesn'twant to take liability|

CITIZEN

Here is the particularly deceptive definition of citizen from Blacks 2nd. Says that a citizen is amember of a jural society, only able to enjoy rights (civil rights) that exist under it's constitution

(not full God-given freedoms) and that the jural society must protect the rights of the citizens, butdoesn't specify that the rights themselves cannot be changed. This fits perfectly with Russ

Porisky's Intro to Your Human Rights lecture where his slide says clearly that the permissiblepresumptions of parliament state than parliament can pass legislation at any time to allow anyother statute to infringe upon the rights of citizens. Most deceptive in this definition is the use ofthe term "the right to exercise privileges" in place of "rights". As well as the term "full civil rights"

to give the impression that this equals full God-given freedoms.

So basically, citizens don't have protected rights. But when one thinks about it, it should be thisway. People who work for government are the citizens. Not The People. Citizens should not haverights. Only privileges. This is how we box the government in. Government is supposed to work

for The People to protect life, liberty and property. So government workers only have privileges intheir capacity as a government employee, privileges granted by The People to run the country.So what can we do with members of government who are misbehaving? Remove their privilege

to work in government, and they have no right as a government employee to do anything about it.

The system itself seems to be set up perfectly in theory. The problems seems to be only that theBAR (British Accredited Registry) associations have hijacked the Law Societies that make uplawful governments, and have reversed everything so that we are now acting as employees ofgovernment through our social insurance numbers and our 'person'. Therefore, acting through

our 'person', we only have privileges, not protected rights.

CITIZEN. In general . A member ofa free city or jural society, (civitas,) possess-

ing all the rights and privileges which canbe enjoyed by any person under its consti-tution and government , and subject to the

corresponding duties.

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In American law. One who, under theconstitution and laws of the United States,

or of a particular state, and by virtue ofbirth or naturalization within the jurisdic-

tion, is a member of the political community,owing allegiance and being entitled to the

enjoyment of full civil rights. U. S. v.Cruikshank, 92 U. S. 542, 23 L. Ed. 588;White v. Clements, 39 Ga. 259; Amy v.

Smith, 1 Litt .


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(Del) 383.

"Citizen" is sometimes used as synonymousith "resident;" as- in a statute authorizing

funds to be distributed among the religious so-eties of a township, proportionably to the num-

er of their members who are citizens of thetownship. State v. Trustees, 11 Ohio, 24.

I n English law. An inhabitant of a city.

Rolle, 138. The representative of a city,parliament . 1 Bl. Comm. 174. It will be

perceived that , in the English usage, theword adheres closely to Its original meaning,as shown by its derivation, (civis, a free in-habitant of a city.) When it is designed todesignate an inhabitant of the country, orone amenable to the laws of the nation,"subject" is the word there employed.CITIZENSHIP. The status of being a

citizen, (q. v.)

Parliamentc.1290, from O.Fr. parlement (11c.), originally "speaking, talk," from parler "to speak" (see

parley); spelling altered c.1400 to conform with M.L. parliamentum. Anglo-L. parliamentum isattested from 1216. Parliamentarian originally (1644) was a designation of one of the sides in the

Eng. Civil War; meaning "one versed in parliamentary procedure" dates from 1834.

Parley (n.)"conference," especially with an enemy, 1449, from M.Fr. parle, from fem. pp. of O.Fr. parler "tospeak," from L.L. parabolare "to speak (in parables)," from parabola "speech, discourse," from L.

parabola "comparison" (see parable). The verb is 14c., probably a separate borrowing of O.Fr.parler.

Breach of the Peace

Breach of the Peace. The criminal offense of creating a public disturbance or engaging indisorderly conduct, particularly by making an unnecessary or distracting noise. -- Also termed

breach of peace; disturbing the peace; disturbance of the peace; public disturbance. Seedisorderly conduct under CONDUCT. [Cases: Breach of the Peace 1-14. C.J.S. Breach of the

Peace 2-13; Domestic Abuse and Violence 3, 6.]

Quote"A breach of the peace takes place when either an assault is committed on an individual or public

alarm and excitement is caused. Mere annoyance or insult is not enough: thus at common law ahouseholder could not give a man into custody for violently and persistently ringing his door-bell.It is the particular duty of a magistrate or police officer to preserve the peace unbroken; hence ifhe has reasonable cause to believe that a breach of the peace is imminent he may be justified incommitting an assault or effecting an arrest." R.F.V. Heuston, Salmond on the Law of Torts 131

(17th ed. 1977).

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Quote

"The beginning of our criminal justice ... was concerned very largely with the problem of keepingthe peace. Because of this fact all early indictments included some such phrase as 'against thepeace of the King'; and until recently statutory provisions for simplification, indictments in this

country were thought to be incomplete without some such conclusion as 'against the peace anddignity of the state.' As a result of this history all indictable offenses are sometimes regarded asdeeds which violate the public peace, and hence in a loose sense the term 'breach of the peace'is regarded as a synonym for crime." Rollin M. Perkins & Ronald N. Boyce, Criminal Law 477 (3d

ed. 1982).


RIGHTCite as: BLACK'S LAW DICTIONARY 324 (8th ed. 2004)

Right

right, n. 1. That which is proper under law, morality, or ethics . 2.Something that is due to a person by just claim, legal guarantee, or moral principle . 3. A power, privilege, or immunity secured to a person by law . 5. (often pl.) The interest, claim, or ownership that one has in tangible orintangible property


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1999).absolute right. 1. A right that belongs to every human being, such as the right of personal liberty;a natural right. 2. An unqualified right; specif., a right that cannot be denied or curtailed except

under specific conditions . For example, a plaintiff hasan absolute right to voluntarily nonsuit a case before it is finally submitted; after final submission,

the court has discretion to grant or deny a voluntary nonsuit. Cf. relative right.accessory right. A supplementary right that has been added to the main right that is vested in the

same owner. For example, the right in a security is accessory to the right that is secured; aservitude is accessory to the ownership of the land for whose benefit the servitude exists. Cf.

principal right.accrued right. A matured right; a right that is ripe for enforcement (as through litigation).

acquired right. A right that a person does not naturally enjoy, but that is instead procured, such asthe right to own property.

civil right. See CIVIL RIGHT.conditional right. A right that depends on an uncertain event; a right that may or may not exist. For example, parents have the conditional right to punish their child, the condition being that the

punishment must be reasonable.conjugal rights. See CONJUGAL RIGHTS.

equitable right. A right cognizable within a court of equity. If a legal right and an equitable rightconflict, the legal right ordinarily prevails over and destroys the equitable right even if the legal

right arose after the equitable right. With the merger of law and equity in federal and most statecourts, the procedural differences between legal and equitable rights have been largelyabolished. Cf. legal right. [Cases: Equity 3. C.J.S. Equity 7, 11-16, 36-37.]

expectant right. A right that depends on the continued existence of present conditions until somefuture event occurs; a contingent right.

fundamental right. See FUNDAMENTAL RIGHT.imperfect right. A right that is recognized by the law but is not enforceable. Examples include

time-barred claims and claims exceeding the local limits of a court's jurisdiction.Quote

"[T]here are certain rights, sometimes called imperfect rights, which the law recognizes but willnot enforce directly. Thus a statute-barred debt cannot be recovered in a court of law, but for

certain purposes the existence of the debt has legal significance. If the debtor pays the money,he cannot later sue to recover it as money paid without consideration; and the imperfect right has

the faculty of becoming perfect if the debtor makes an acknowledgment of the debt from whichthere can be inferred a promise to pay." George Whitecross Paton, A Textbook of Jurisprudence

286 (G.W. Paton & David P. Derham eds., 4th ed. 1972).imprescriptible right. A right that cannot be lost to prescription.

inalienable right. A right that cannot be transferred or surrendered; esp., a natural right such asthe right to own property. -- Also termed inherent right.

incorporeal right. A right to intangible, rather than tangible, property. A right to a legal action (achose in action) is an incorporeal right. See CHOSE IN ACTION.

inherent right. See inalienable right.legal right. 1. A right created or recognized by law. 2. A right historically recognized by common-law courts. Cf. equitable right. 3. The capacity of asserting a legally recognized claim against one

with a correlative duty to act.natural right. A right that is conceived as part of natural law and that is therefore thought to exist

independently of rights created by government or society, such as the right to life, liberty, andproperty. See NATURAL LAW.negative right. A right entitling a person to have another refrain from doing an act that might harm

the person entitled.patent right. A right secured by a patent. [Cases: Patents 1. C.J.S. Patents 1-5, 10-12, 15.]

perfect right. A right that is recognized by the law and is fully enforceable.peripheral right. A right that surrounds or springs from another right.

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personal right. 1. A right that forms part of a person's legal status or personal condition, asopposed to the person's estate. 2. See right in personam.

political right. The right to participate in the establishment or administration of government, suchas the right to vote or the right to hold public office. -- Also termed political liberty. [Cases:

Constitutional Law 82(8); Elections 1; Officers and Public Employees 18. C.J.S. ConstitutionalLaw 461-462, 612, 614-619, 624-626; Elections 1(1, 10), 2; Officers and Public Employees

21-22.]positive right. A right entitling a person to have another do some act for the benefit of the person

entitled.precarious right. A right enjoyed at the pleasure of another; a right that can be revoked at any

time.primary right. A right prescribed by the substantive law, such as a right not to be defamed or

assaulted. The enforcement of a primary right is termed specific enforcement.principal right. A right to which has been added a supplementary right in the same owner. Cf.

accessory right.private right. A personal right, as opposed to a right of the public or the state. Cf. public right.

procedural right. A right that derives from legal or administrative procedure; a right that helps inthe protection or enforcement of a substantive right. Cf. substantive right.

property right. A right to specific property, whether tangible or intangible. [Cases: ConstitutionalLaw 277. C.J.S. Constitutional Law 982.]

proprietary right. A right that is part of a person's estate, assets, or property, as opposed to a rightarising from the person's legal status.public right. A right belonging to all citizens and usu. vested in and exercised by a public office or

political entity. Cf. private right.real right. 1. Civil law. A right that is connected with a thing rather than a person. Real rights

include ownership, use, habitation, usufruct, predial servitude, pledge, and real mortgage.Quote

"The term 'real rights' (jura in re) is an abstraction unknown to classical Roman law. The classicaljurists were preoccupied with the availability of remedies rather than the existence of substantive

rights, and did not have a generic term to include all 'rights' which civilian scholars of followinggenerations classified as 'real.' The expression ('real rights') was first coined by medieval writers

elaborating on the Digest in an effort to explain ancient procedural forms of action in terms ofsubstantive rights." A.N. Yiannopoulos, Real Rights in Louisiana and Comparative Law, 23 La. L.

Rev. 161, 163 (1963).2. JUS IN RE. 3. See right in rem.

relative right. A right that arises from and depends on someone else's right, as distinguished froman absolute right. Cf. absolute right.

remedial right. The secondary right to have a remedy that arises when a primary right is broken.restitutory right. A right to restitution.

right in personam (in pr-soh-nm). An interest protected solely against specific individuals. -- Alsotermed personal right; jus in personam. See IN PERSONAM.

right in rem (in rem). A right exercisable against the world at large. -- Also termed real right; jus inrem. See IN REM.

Quote

"A right in rem need not relate to a tangible res. Thus a right that one's reputation should not be

unjustifiably attacked is today described as a right in rem, since it is a right that avails againstpersons generally. This shows how far the conception has developed from the Roman notion ofactio in rem, for one who sues to protect his reputation is not asking for judgment for a specific

res. It should also be noticed that on breach of a right in rem, a right in personam arises againstthe aggressor." George Whitecross Paton, A Textbook of Jurisprudence 300 (G.W. Paton &

David P. Derham eds., 4th ed. 1972).secondary right. A right prescribed by procedural law to enforce a substantive right, such as the

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right to damages for a breach of contract. The enforcement of a secondary right is variouslytermed secondary enforcement, remedial enforcement, or sanctional enforcement. -- Also termed

remedial right; sanctioning right.substantial right. An essential right that potentially affects the outcome of a lawsuit and is capableof legal enforcement and protection, as distinguished from a mere technical or procedural right.

substantive right (sb-stn-tiv). A right that can be protected or enforced by law; a right ofsubstance rather than form. Cf. procedural right.

vested right. A right that so completely and definitely belongs to a person that it cannot beimpaired or taken away without the person's consent. [Cases: Constitutional Law 92-112. C.J.S.

Constitutional Law 228-276.]

RIGHT. As a noun, and taken In an abstract sense, the term means justice, ethical correctness,or consonance with the rules of law or the principles of morals. In this signification it answers to

one meaning of the Latin "jus," and serves to indicate law in the abstract, considered as thefoundation of all rights, or the complex of underlying moral principles which impart the character

of justice to all positive law, or give it an ethical content.

As a noun, and taken in a concrete sense, a right signifies a power, privilege, faculty, or demand,inherent in one person and incident upon another. "Rights" are defined generally as "powers offree action." And the primal rights pertaining to men are undoubtedly enjoyed by human beingspurely as such, being grounded in personality, and existing antecedently to their recognition bypositive law.[/i] But leaving the abstract moral sphere, and giving to the term a juristic content, a

"right" is well defined as "a capacity residing in one man of controlling, with the assent andassistance of the state, the actions of others."[/i] HolL Jur. 69.

The noun substantive "a right" signifies that which jurists denominate a "faculty;" that whichresides in a determinate person, by virtue of a given law, and which avails against a person (or

answers to a duty lying on a person) other than the person in whom it resides. And the nounsubstantive "rights" is the plural of the noun substantive "a right." But the expression "right," whenit is used as an adjective, is equivalent to the adjective "just," as the adverb "rightly" is equivalent

to the adverb "justly." And, when used as the abstract name corresponding to the adjective"right," the noun substantive "right" is synonymous with the noun substantive "justice." Aust. Jur.

264, note.

In a narrower signification, the word denotes an interest or title in an object of property ; a justand legal claim to hold, use, or enjoy it, or to convey or donate it, as he may please. See Co. Litt.

345a.

The term "right," in civil society, is defined to mean that which a man is entitled to have, or to do,or to receive from others within the limits prescribed by law. Atchison & N. R. Co. v. Baty, 6 Neb.

40, 29 Am. Rep. 356. That which one person ought to have or receive from another, it beingwithheld from him, or not in his possession. In this sense, "right" has the force of "claim," and isproperly expressed by the Latin "jus." Lord Coke considers this to be the proper signification of

the word, especially in writs and pleadings, where an estate is turned to a right; as by

discontinuance, disseisin, etc. Co. Litt. 345*.

Classification. Rights may be described as perfect or imperfect, according as their action orscope is clear, settled, and determinate, or is vague and unfixed.

Rights are either in personam or in rem. A right in personam is one which imposes an obligation

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on a definite person. A right in rem is one which imposes an obli

full picwhat is the legal definition of

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