.CONTROLLING DEFINITIONS: Scripture: All communications in all forms... John 1 - KJV Bible: 1 In the beginning was the Word, and the Word was with God, and the Word was God. 2 The same was in the beginning with God. 3 All things were made by him; and without him was not any thing made that was made. 4 In him was life; and the life was the light of men. 5 And the light shineth in darkness; and the darkness comprehended it not. Ecclesiastes 1:9 - The thing that hath been, it is that which shall be; and that which is done is that which shall be done: and there is no new thing under the sun. (Maxim of equity: What is done is what ought be done) 2 Timothy 3:16 - All scripture [is] given by inspiration of God, and [is] profitable for doctrine, for reproof, for correction, for instruction in righteousness: (pure equity in nature) Philemon 1:6 - That the communication of thy faith may become effectual by the acknowledging of every good thing which is in you in Christ Jesus. 2 Timothy 2:16 - But shun profane [and] vain babblings: for they will increase unto more ungodliness. Agency: Agency law is concerned with any "principal"-"agent" relationship; a relationship in which one person has legal authority to act for another. Such relationships arise from explicit appointment, or by implication. The relationships generally associated with agency law include guardian-ward, executor or administrator-decedent, and employer-employee. The law of agency is based on the Latin maxim "Qui facit per alium, facit per se," which means "he who acts through another is deemed in law to do it himself." Agency, in its legal sense, nearly always relates to commercial or contractual dealings. A person with authority to act on behalf of another person. See Principal, Fiduciary, and Fiduciary duty. *Anita took upon a Fiduciary capacity that she has not the direct nor assigned position to do so... The Family court (a Private Entity) "A-ward-ed" Anita "custody" based on a guardianship order placed by concerns originally stated but; confirmed "un-founded" and is stated so in, on and for the record... Ultra vires; an act done outside of ones capacity... She is operating as agent for agency - it's a contract - she will get child support... Title IVD... Under the Social Security Act and CAPTA... Agency is a Private Entity named "Family Court"... They are treating mom and dad as decedents - it's through probate - Have they made written living wills...? ___________________________________ Absolute: Unconditional, unfettered, completed, perfect. ___________________________________ Admiralty Court: An admiralty court is a tribunal with jurisdiction over maritime law, including cases regarding shipping, ocean, and sea laws. Historically, admiralty courts were a separate part of the court system. In modern times, these cases may be assigned within the regular court system, usually at the federal or Superior Court level. In the U.S., any court that is hearing a maritime case is an admiralty court for the duration of that case. ___________________________________ Alienation of Affections: In a minority of states, a spouse may sue a third party for purposefully interfering with the marital relationship. This suit is usually brought against the adulterous spouse's paramour. However, suit may also be brought against an in-law or relative who has advised the defecting spouse to leave the marital relationship. *Relative to this case; Anita has engaged in agency/agent relationship whith said Private Entity named "family Court" under a Title IV-D contract without consent or assignment in order to "take" what is not hers... Privy: A person who is in privity with another. One who is a partaker or has any part or interest in any action, matter, or thing. Privity: As an adjective, the word has practically the same meaning as "private."... Cruelty... High Crime under International Law - See: Nuremburg Code; Ten Points... ___________________________ Attorney in Fact: An agent authorized to act on behalf of another person, but not necessarily authorized to practice law, e.g. a person authorized to act by a power of attorney. An attorney in fact is a fiduciary. Also known as attorney-in-fact or private attorney. For example, Person A might give a power of attorney to Person B that allows Person B to manage Person A's bank accounts. In this example, Person A is the principal, and Person B is the attorney in fact. Illustrative caselaw See, e.g. Sperry v. State of Fla. ex. rel Florida Bar, 373 U.S. 379 (1963). *See also; Agency Attorney See also; Corpus Juris Secundum(CJS); Volume 7, Section 4; Attorney - client; "The Attorneys first duty is to the Public and the Court, and not the client"... ___________________________ Bill of Peace: Bill of peace; when entertained is an ancillary injunction and when it being in the interest of this state that there shall be an end of litigation, equity will entertain a bill of peace: To avoid a multiplicity of actions by establishing a right, in favor of or against several persons, which is likely to be the subject of legal controversy; or in other similar cases such as to confirm some right which has been previously satisfactorily established by more than one legal trial and is likely to be litigated again; As ancillary to this jurisdiction, equity will grant perpetual injunctions: *Article III, section 2, clause 1, of the U.S. Constitution extended the federal judicial power to "all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority." In section 11 of the Judiciary Act of 1789, Congress provided the circuit courts with original jurisdiction over equity cases in which more than $500 was in dispute when the United States was plaintiff or petitioner, an alien was a party, or the suit was between a citizen of the state where suit was brought and a citizen of a different state. As Alexander Hamilton explained in Federalist , no. 80, "there is hardly a subject of litigation between individuals, which may not involve those ingredients of fraud, accident, trust, or hardship, which would render the matter an object of equitable rather than of legal jurisdiction." The English rules of equity, as modified by the Supreme Court, empowered federal courts sitting in equity to provide relief in exceptional cases by, for example, ordering that restitution be made to victims of fraud for whom common law provided no sufficient remedy; enforcing specific obligations reflecting the intent of contracting parties despite the accident or mistake of one of the parties; issuing injunctions in cases where a party might otherwise be subjected to irreparable harm; and adjudicating disputes relating to trusts not within the scope of the common law. State law became of greater importance to federal equity in 1839, when the Supreme Court held that federal courts sitting in equity were bound to apply state laws that created or eliminated a substantive right, whether or not such a right existed in English chancery. Federal courts were not bound by state law, however, with respect to questions of procedure and remedies. A federal court could, therefore, grant a traditional equitable remedy even if the state had abolished it, and, conversely, could deny a particular remedy the state had created, unless the remedy in question was inseparable from a substantive right. Traditional equity suits also included those involving mistakes in contracts, dower rights, and the construction of wills, as well as a large number of petitions for freedom from slavery and governmet: **U.S. Constitution Annotated; Amendment VII. CIVIL TRIALS - TRIAL BY JURY IN CIVIL CASES: Application of the Amendment; The Continuing Law-Equity Distinction. ( https://www.law.cornell.edu/constitution-conan/amendment-7/the-continuing-law-equity-distinction?fbclid=IwAR0yLkjOYHUkhQL7YfRTehwUB3LAs_bJc6WGGv5pF2wfd27eKu3n1d1NSMQ ) Private bill: A bill affecting a particular person, organization, or locality as distinguished from all the people or the whole area of a political unit... Revenue bill: A bill (as for imposing a tax) for raising money for any public purpose called also money bill NOTE: The U.S. Constitution requires all bills for raising revenue to originate in the House of Representatives. 2 : the pleading used to begin a suit in equity that sets forth the basis for one's claim against another called also bill in equity 3 a : a form or device of procedure used in civil actions Bill of complaint: complaint used esp. in equity actions Bill of costs: A bill setting forth the expenses in connection with a suit that a party seeks to have paid by an opposing party Bill of peace: An equitable bill used to settle the rights of parties in one suit and avoid repeated litigation Bill of review: An equitable bill used to start a suit to have the final judgment of a previous suit set aside compare bill in the nature of a bill of review in this entry NOTE: Bills of review are used when another device for review, such as appeal, is not available, as when the period to bring it has expired. Bills of review are abolished in federal practice by Federal Rule of Civil Procedure 60(b). Creditor's bill: An equitable bill by which a creditor who has won a court judgment against a debtor can compel payment from the debtor out of the property that is not otherwise reachable by legal process Cross bill: An equitable bill by which a party to a suit can bring a claim against any other party NOTE: Under Federal Rule of Civil Procedure 13, cross bills are replaced by counterclaims and cross-claims. *Findlaw Bill of peace was an English court practice used in the 17th and 18th centuries for legal disputes involving multiple parties that shared common aspects. A bill filed to procure repose from repeated litigation is termed bill of peace. It is one of the earliest instances in which chancery courts entertained jurisdiction on the ground of preventing a multiplicity of suits. "The King of Brobdingnag gave it for his opinion that, 'Whoever could make two ears of corn, or two blades of grass to grow on a spot of ground where only one grew before, would deserve better of mankind, and do more essential service to his countrymen than a whole race of politicians put together.' In matters of justice, however, the benefactor is the one who makes one law-suit grow where two grew before. A potent device for this purpose is the Bill of Peace in equity. Questions of law or fact which would otherewise be tried over and over, can by this means be determined once and for all in a single proceeding. This avoidance of multiplicity of suits saves the parties from needles expense and vexation, economizes the time of judges and jurymen, and frees the docket for the affairs other litigants." **2010 Georgia Code TITLE 23 - EQUITY CHAPTER 3 - EQUITABLE REMEDIES AND PROCEEDINGS GENERALLY ARTICLE 5 - BILLS OF PEACE § 23-3-110 - Bill of peace; when entertained; ancillary injunction O.C.G.A. 23-3-110 (2010) 23-3-110. Bill of peace; when entertained; ancillary injunction (a) It being the interest of this state that there shall be an end of litigation, equity will entertain a bill of peace: (1) To confirm some right which has been previously satisfactorily established by more than one legal trial and is likely to be litigated again; (2) To avoid a multiplicity of actions by establishing a right, in favor of or against several persons, which is likely to be the subject of legal controversy; or (3) In other similar cases. (b) As ancillary to this jurisdiction, equity will grant perpetual injunctions. _________________________________________ Capacity: In contract law, a person's ability to satisfy the elements required for someone to enter binding contracts. For example, capacity rules often require a person to have reached a minimum age and to have soundness of mind. *Title IVD is the contract and the guy in the clown robe is one party to the contract!!! another Agent/officer of the court... So, we have a CPS Agent; Multiple Police Agents; Attorneys and Guardian Ad Litems that are all supposed officers of the court asserting authority NOT granted but rather; presumed... agent and agent - bias... All getting emoluments - compensation that is insured through the bonds under Title IV-D contraact not being disclosed... Any and all signatures by Michael or Kait are not qualified for contract for being exacted under threats, duress and coercion... therefore any agency contracts do not apply to them to begin with... this is directly related to Forced Association; Personage; Peonage; Unlawful Takings(Kidnapping - 5 counts for all parties involved!!!); Witness against self; Bias/Impartiality - Violations of the 1st amendment, 4th Amendment, 5th Amendment; 6th Amendment; 9th Amendment; 10th Amendment; 11th Amendment; 14th Amendment... Being enforced by illicit officers of the courts - these are known as High Crimes... punishable under the common law! ___________________________ Commercial Items: See; UCC 2-101... ___________________________________ Constitution: Providence of Grace from our father which art in heaven; it is what em-bodies-us. __________________________________ Full Faith and Credit: 28 U.S. Code § 1738A. Full faith and credit given to child custody determinations... (6)“person acting as a parent” means a person, other than a parent, who has physical custody of a child and who has either been awarded custody by a court or claims a right to custody; *Thus; We agree, the State is the actual Holder(possessor) of certain Certificates Of Live Birth registrations, of which Michael and Kait have a Absolute, superior, special, private right of pure equity in nature; as "intended recipients" of "entitlement holder" of said Certificates Of Live Birth registrations: These matters require them to perform under the Full Faith and Credit of the United States under the United States of America in this claim made by American nationals in fact... See: UCC - Holder in Due Course... See: 45 CFR Chapter III - OFFICE OF CHILD SUPPORT ENFORCEMENT (CHILD SUPPORT ENFORCEMENT PROGRAM), ADMINISTRATION FOR CHILDREN AND FAMILIES, DEPARTMENT OF HEALTH AND HUMAN SERVICES... See: 45 CFR § 305.60 - Types and scope of Federal audits... See: 45 CFR § 305.35 - Reinvestment... ** ( https://www.acf.hhs.gov/css/resource/reinvesting-child-support-incentive-payments#:~:text=The%20IV%2DD%20statute%20allows,of%20Health%20and%20Human%20Services. ) FROM ABOVE LINK: "Political subdivisions: State officials should be aware that in states where incentive payments are passed through to political subdivisions or localities, those payments must be used in accordance with this guidance. States are responsible for ensuring that all components of their CSE programs comply with these requirements, including local or county programs and vendors or other entities that perform child support services under contract or cooperative agreement. Base amount determinations: To determine whether incentive payments are used to supplement rather than supplant other amounts used by the state to fund the CSE program, a base-year level of program expenditures is necessary. See 45 CFR Section 305.35(d)visit disclaimer page. Every state has identified the method to calculate and determine their base amount. Subsequently, OCSE has calculated the base spending for each state using 1998 expenditure data unless the state selected the base amount using an average of the 1996, 1997, and 1998 expenditures. Incentive reinvestment exemption requests: The IV-D statute allows a state to use incentive payments for other activities not eligible for federal financial participation, if these activities will contribute to improving the effectiveness or efficiency of the state's CSE program and are approved by the Secretary of Health and Human Services. States must submit an incentive reinvestment exemption request using the following procedures: Send a letter requesting approval to use incentive payments for activities not eligible for reimbursement under title IV-D of the Act to OCSE Division of Policy and Training at: OCSE.DPT@acf.hhs.gov. The letter must include this information: Specific, detailed information on the activity the incentive payment will fund The amount of incentive funds to be spent on the activity How the activity will improve the effectiveness or efficiency of the state's CSE program Show a clear connection to and collaboration with the state CSE program The time period for this activity (maximum of five years) The name, telephone number, and email address of a contact person who can provide additional information on the request OCSE will review the letter and notify the state of its decision." ___________________________ Incentive Payments: 45 CFR § 304.12 - Incentive payments. (b) Incentive payments to States. Effective October 1, 1985, the Office shall compute incentive payments for States for a fiscal year in recognition of title IV-A collections and of non-title IV-A collections. (1) A portion of a State's incentive payment shall be computed as a percentage of the State's title IV-A collections, and a portion of the incentive payment shall be computed as a percentage of its non-title IV-A collections. The percentages are determined separately for title IV-A and non-title IV-A portions of the incentive. The percentages are based on the ratio of the State's title IV-A collections to the State's total administrative costs and the State's non-title IV-A collections to the State's total administrative costs in accordance with the following schedule: ___________________________ Competence: The state of being able or qualified to do something - for example, make a will or testify in court. Authority, authenticity, or admissibility, as in "the competence of the evidence."... ___________________________ Competent Witness: A competent witness is one who has the sufficient mental capacity to perceive, remember, and narrate the incident he or she has observed. A competent witness must also be able to understand and appreciate the nature and obligation of an oath. For example, a child who is unable to understand the meaning of an oath because of his or her young age is not a competent witness. In statutes relating to the execution of wills, a competent witness is a person who has attested to the will by subscribing his or her name, and at the time he or she attested, could legally testify to the will in court. Persons legally disqualified from testifying because of mental incapacity, personal interest, or conviction of a crime are not competent witnesses. A witness is generally presumed by the court to be competent. *No one else can attest to the will of another living being unless there be an assignment through powers of attorney, which Must be proven in, on or for the record: The one giving the will is either deceased or deemed no longer competent is the only way a "court" can be compelled to act in the Public interest: This can Only be done if there is no written living will... thus "personal" jurisdiction for "lack" of such prior written assignment of powers of attorney(discretionary and at ones own risk in both private and personal capacities if not so assigned)... If there is a written living will; it remains private AND is Never a matter of Probate!!! Only one that is incompetent can be "made" a "ward" of the State... It can NOT be assumed or presumed as such that Anita and the State are doing - No facts of Nature Or Cause!!! Everything of the record in these matters presented by opposing parties in all instances are based entirely on a sandy beach of assumptions; presumptions; threats, duress and coercion with a high tide of opinions... Without more!!! Special power of attorney: See: limited power of attorney Limited power of attorney: discretionary __________________________________ Confidential Relation: A relationship of intimacy and trust, especially one in which one person is in a position of greater knowledge or power. See also; fiduciary; privy, privity, private... *Michael and Kait have a private relationship under our creator And it is NOT public... ___________________________________ Connivance: Ignoring another person's wrongdoing, for example, by indirectly condoning an illegal act by another person. In family law, a (somewhat archaic) defense that says that a person making claims against a spouse connived in the spouse's bad behavior. For example, a husband who invites his wife's lover along on vacation may have connived in her adultery, and if he tried to gain an advantage in the divorce as a result, she could assert his connivance as a defense. *Exactly what Anita did And then the court followed through despite a finding of no fault - classified by them as "un-founded"... ___________________________________ Consent: When a person voluntarily and willfully agrees to undertake an action that another person suggests. The consenting person must possess sufficient mental capacity. *Any and all signatures by Michael and Kait were NOT voluntary... ___________________________ Corporate Trustee: A bank or other financial institution that provides trustee services for various types of trusts. *Michael and Kait have accepted the superior Oath of our creator in trust of prosperity and abundance and no other trust can supercede that: Nor can Michael or Kait accept the oath of any officer of the court for they can NOT serve two masters!!! This would encompass any attorney!!! Attorneys can ONLY represent true incompetent wards of the State in Corporate capacities ONLY - to act outside of that is breach of international trust law and their liability as physical beings for executor de son tort sides in Amiralty... **All of them as pubic officials are trustees but; Who is the corporate trustee of the trust before the court...? __________________________________ Cruelty: Any act of inflicting unnecessary emotional or physical pain. Cruelty or mental cruelty is the most frequently used fault ground for divorce because as a practical matter, courts will accept minor wrongs or disagreements as sufficient evidence of cruelty to justify the divorce. Now that every state has some version of no-fault divorce, cruelty is rarely used as a ground for divorce. *Alienating the girls from mom and dad by no fault of any them but rather; illicit presumptions of a private court with absolutely no authority is cruel!!! It put everyone in fear and great emotional stress!!! Including my-self (author/first-hand-witness/Professor of truth/sojourner of His wyrd absolute) to this day! Just ask the girls what they feel and if they are "upset and emotional" about neing "alienated" from mom and dad...! ___________________________ Cruzan v. Missouri Department of Health (1990): Cruzan v. Missouri Department of Health (1990) was an important United States Supreme Court case involving an incompetent young adult and the “right to die.” This case was the first "right to die" case heard by the Supreme Court. In a 5–4 decision, the Court affirmed the Supreme Court of Missouri’s decision ruling in favor of the State of Missouri that it was acceptable to require "clear and convincing evidence" of the specific individual patient's wish to remove life support. The main issue in this case was whether the State of Missouri could require "clear and convincing evidence" for the Cruzans to take their daughter off of life support. The Supreme Court thus decided whether the State of Missouri was violating the Due Process Clause of the Fourteenth Amendment by refusing to remove the Cruzans’ daughter off of life support. The Due Process Clause of the Fourteenth Amendment explicitly states that "[N]or shall any State deprive any person of life, liberty, or property, without due process of law[.]" Here, the Court decided that while competent individuals had the right to stop or refuse medical treatment under the Due Process Clause, the circumstances were different for incompetent individuals. The Supreme Court supported the state of Missouri's higher standard for evidence of whether the incompetent individual would want to refuse or stop medical treatment had they been able to make their own decisions. The Supreme Court held that this higher standard of evidence was constitutional since family members of the incompetent individual might choose decisions that the incompetent individual would not have wanted. because family members might not always make decisions that the incompetent person would have agreed with. *This is directly relative to Michael and Kait being competent and they have a Absolute, superior, special, private right to discern any concern of what is best for their natural successors - aka "the girls"... Cum Testamento Annexo: Administrator with will annexed. *Is there an annexed will before the court...? A must for probate courts! If so; does it have Michael or Kaits signature...? If so; was that signature given with voluntary consent and without threats or coercion that would cause any stress...? ___________________________ Constructive Fraud: Under contract law, a defendant can be liable to a plaintiff for constructive fraud if there was: (1) a false misrepresentation; (2) in reference to a material fact; (3) for the purpose of inducing the other party to rely on such representation; 4) on which the other party did justifiably rely; (5) which resulted in damages or injury; and (6) a fiduciary relationship between the parties. Hagarty v. Ithaca City School District, 423 N.Y.S. 2d 843 (1979). Bad intent or dishonesty is not a requirement to satisfy constructive fraud. The elements for actual and constructive fraud are the same with two exceptions: constructive fraud drops the element of scienter--knowledge on the part of the injurer of the representation’s falsity--and adds the element of a fiduciary relationship. ___________________________ Custodial Interference: The taking of a child from a parent with the intent to interfere with that parent's physical custody of the child. This is a crime in most states, even if the taker also has custody rights. *This is Very relative to next of kin, legacy and Absolute, superior, special, private right of legacy of our creator... if Anita is not acting under that and using simulated legal process to interfere then she has violated the most supreme law... I can explain further with various biblical references too... Having to do with men of one nation marrying women of foreign nations to in regards to both inbreeding and trust law... dowry... See; Degree of Kinship: ___________________________ Custody (of a Child): The legal authority to make decisions affecting a child's interests (legal custody) and the responsibility of taking care of the child (physical custody). When parents separate or divorce, they may share legal and physical custody, or one parent may have physical custody with the other parent having visitation. *Unlawful conveyance of both legal and physical custody... high crimes... again - kidnapping of five American nationals!!! They can not determine the girls intersts because legal custody is ONLY relative to the legal name/legal person... a commercial entity proving there Must be a contract... Also 48 CFR 52.212-5: "Contract terms and conditions required to implement statutes or executive orders - commercial item"... The girls interests remain PRIVATE!!! Again - not subject to probate as the living mom and dad can both competently state their will in-voice (His Wyrd - His Will)... Maxims: The presence of the body cures the err in the name... He is a respector of no person... To know the thing, one must know the name... Know thy self... See; Habeas: ___________________________ Degree of Kinship: The level of the relationship between two persons related by blood - for example parent to child, one sibling to another, grandparent to grandchild, uncle to nephew, and so on. This may become important when determining the heirs of an estate when there is no will because most states disburse intestate estates to the relatives with the closest degree of kinship to the decedent. *Wraps up - custody issues of both persons and people And Habeas for the person and Support of kidnapping elements of American nationals... X5 Each... Expressed will - they did not consent! ___________________________ Descendant: A descendant is a person born in a direct biological line. For example, a person's children, grandchildren and great-grandchildren are their descendants. *Clarification of direction of legacy; as it is descendant and an image and likeness: Yet separate from those the descendant ascends from and creates a right of legacy of the co-creators (mom and dad - children of our creator themselves - in communication with all citizens of His kingdom) upon conception even before the casting of a descendant upon the land of our mother in earth whom bares them of her waters so they may receive the breathe of life of our father which art in heaven... Dad provided his seed, which comes from the Providence of His grace, to mom in communion with her earthly goods and storage as the spiritual vessel en-trusted in the oath that mom and dad accepted from our creator... **KJV Bible Matthew 5:33-37 - Again, ye have heard that it hath been said by them of old time, Thou shalt not forswear thyself, but shalt perform unto the Lord thine oaths: James 5:12 - But above all things, my brethren, swear not, neither by heaven, neither by the earth, neither by any other oath: but let your yea be yea; and [your] nay, nay; lest ye fall into condemnation. Numbers 30:2 - If a man vow a vow unto the LORD, or swear an oath to bind his soul with a bond; he shall not break his word, he shall do according to all that proceedeth out of his mouth. Deuteronomy 23:21-23 - When thou shalt vow a vow unto the LORD thy God, thou shalt not slack to pay it: for the LORD thy God will surely require it of thee; and it would be sin in thee. Hebrews 6:13 - For when God made promise to Abraham, because he could swear by no greater, he sware by himself, Hebrews 6:17 - Wherein God, willing more abundantly to shew unto the heirs of promise the immutability of his counsel, confirmed [it] by an oath: ***Hosea 4:6 - My people are destroyed for lack of knowledge: because thou hast rejected knowledge, I will also reject thee, that thou shalt be no priest to me: seeing thou hast forgotten the law of thy God, I will also forget thy children. ****Exodus 20:5-6 - Thou shalt not bow down thyself to them, nor serve them: for I the LORD thy God am a jealous God, visiting the iniquity of the fathers upon the children unto the third and fourth generation of them that hate me; And shewing mercy unto thousands of them that love me, and keep my commandments. Romans 13:8 - Owe no man any thing, but to love one another: for he that loveth another hath fulfilled the law. Matthew 5:17 - Think not that I am come to destroy the law, or the prophets: I am not come to destroy, but to fulfil. *****James 2:26 - For as the body without the spirit is dead, so faith without works is dead also. ******Luke 10:27 - And he answering said, Thou shalt love the Lord thy God with all thy heart, and with all thy soul, and with all thy strength, and with all thy mind; and thy neighbour as thyself. Exodus 20:12 - Honour thy father and thy mother: that thy days may be long upon the land which the Lord thy God giveth thee. Galatians 5:14 - For all the law is fulfilled in one word, even in this; Thou shalt love thy neighbour as thyself. Romans 13:10 - Love worketh no ill to his neighbour: therefore love is the fulfilling of the law. Ephesians 4:29 - Let no corrupt communication proceed out of your mouth, but that which is good to the use of edifying, that it may minister grace unto the hearers. Matthew 5:37 - But let your communication be, Yea, yea; Nay, nay: for whatsoever is more than these cometh of evil. *******To deny this trust one denies Him and if one denies Him then He will deny they... ___________________________ Descent: The passing of estate property through inheritance, either by law or through estate planning - as opposed to acquisition of property through other means, such as purchase. Ie; contracts... See; 48 CFR Chapter 1 - FEDERAL ACQUISITION REGULATION ___________________________ Durable Power of Attorney: A power of attorney that remains in effect if the person who made the document - called the principal - becomes incapacitated. If a power of attorney is not specifically made durable, it automatically expires if the principal becomes incapacitated. (inclusive of but; not limited to, durable power of attorney for finances, durable power of attorney for health care) ___________________________ Ethical Will: A document or materials in which a person expresses the beliefs and experiences that have mattered most in his or her life. An ethical will has no legal significance; it is intended to convey the maker's core values to loved ones. This however; has Absolute, superior, special lawful intent of pure equity in nature! ___________________________ Executor: Someone named in a will as the person who should carry out the testator's formal wishes. *Prior - Executory Interest A future interest in property that will be triggered on the happening of a stated event... See; KJV Bible - Genesis 1 and Genesis 2... Upon the Presentment of living will and testament - each beneficial heiress named herein must be returned to custody of mom and dad... ___________________________________ Extrinsic Fraud: Fraudulent acts which keep a person from obtaining information about his or her rights to enforce a contract or getting evidence to defend against a lawsuit. This could include destroying evidence or misleading an ignorant person about the right to sue. SEE: FRAUDS LIST... ___________________________ Family Court: A family court is a court of limited jurisdiction that hears cases involving family law. For example, family courts typically hear cases involving divorce, child custody, and domestic abuse. Family courts are governed by state and local law. Depending on the jurisdiction, these courts might be called domestic courts. In some jurisdictions, family courts also handle guardianship and incompetence hearings. Other jurisdictions leave these matters to probate courts. ___________________________________ FederalAcquisition Regulations System: See; https://www.law.cornell.edu/wex/federal_acquisition_regulation Read further at: 48 CFR - Federal Acquisition Regulations System Chapter 1. FEDERAL ACQUISITION REGULATION Subchapter A. GENERAL Part 4. ADMINISTRATIVE AND INFORMATION MATTERS Subpart 4.19 - Basic Safeguarding of Covered Contractor Information Systems 4.1901 Definitions. As used in this subpart– Covered contractor information system means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information. Federal contract information means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as that on public Web sites) or simple transactional information, such as that necessary to process payments. Information means any communication or representation of knowledge such as facts, data, or opinions in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009). Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502). Safeguarding means measures or controls that are prescribed to protect information systems. 4.1902 Applicability. This subpart applies to all acquisitions, including acquisitions of commercial items other than commercially available offthe-shelf items, when a contractor's information system may contain Federal contract information. 4.1903 Contract clause. The contracting officer shall insert the clause at 52.204-21 , Basic Safeguarding of Covered Contractor Information Systems, in solicitations and contracts when the contractor or a subcontractor at any tier may have Federal contract information residing in or transiting through its information system. Federal Acquisition Regulations... 4.1801 Definitions. As used in this part– Commercial and Government Entity (CAGE) code means— (1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity; or (2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code. Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner. Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees. 4.1803 Verifying CAGE codes prior to award. (a) Contracting officers shall verify the offeror’s CAGE code by reviewing the entity’s registration in the System for Award Management (SAM). Active registrations in SAM have had the associated CAGE codes verified. (b) For entities not required to be registered in SAM, the contracting officer shall validate the CAGE code using the CAGE code search feature at https://cage.dla.mil. 4.1804 Solicitation provisions and contract clause. (a) Insert the provision at 52.204-16, Commercial and Government Entity Code Reporting, in all solicitations that include– (1) 52.204-6, Unique Entity Identifier; or (2) 52.204-7, System for Award Management. (b) Insert the provision at 52.204-17, Ownership or Control of Offeror, in all solicitations that include the provision at 52.204-16, Commercial and Government Entity Code Reporting. (c) Insert the clause at 52.204-18, Commercial and Government Entity Code Maintenance, in all solicitations and contracts when the solicitation contains the provision at 52.204-16, Commercial and Government Entity Code Reporting. (d) Insert the provision at 52.204-20, Predecessor of Offeror, in all solicitations that include the provision at 52.204-16, Commercial and Government Entity Code Reporting Federal Acquisition Regulations... 2.101... Definitions: Contract means a mutually binding legal relationship obligating the seller to furnish the supplies or services (including construction) and the buyer to pay for them. It includes all types of commitments that obligate the Government to an expenditure of appropriated funds and that, except as otherwise authorized, are in writing. In addition to bilateral instruments, contracts include (but are not limited to) awards and notices of awards; job orders or task letters issued under basic ordering agreements; letter contracts; orders, such as purchase orders, under which the contract becomes effective by written acceptance or performance; and bilateral contract modifications. Contracts do not include grants and cooperative agreements covered by 31 U.S.C.6301, et seq. For discussion of various types of contracts, see part 16. Federal Acquisition Regulations... 2.101... Definitions: Claim means a written demand or written assertion by one of the contracting parties seeking, as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of contract terms, or other relief arising under or relating to the contract. However, a written demand or written assertion by the contractor seeking the payment of money exceeding $100,000 is not a claim under 41 U.S.C. chapter 71, Contract Disputes, until certified as required by the statute. A voucher, invoice, or other routine request for payment that is not in dispute when submitted is not a claim. The submission may be converted to a claim, by written notice to the contracting officer as provided in 33.206(a), if it is disputed either as to liability or amount or is not acted upon in a reasonable time. Classified acquisition means an acquisition in which offerors must have access to classified information to properly submit an offer or quotation, to understand the performance requirements, or to perform the contract. Classified contract means any contract in which the contractor or its employees must have access to classified information during contract performance. A contract may be a classified contract even though the contract document itself is unclassified. Classified information means any knowledge that can be communicated or any documentary material, regardless of its physical form or characteristics, that— (1) (i) Is owned by, is produced by or for, or is under the control of the United States Government; or (ii) Has been classified by the Department of Energy as privately generated restricted data following the procedures in 10 CFR 1045.21; and (2) Must be protected against unauthorized disclosure according to Executive Order12958, Classified National Security Information, April 7,1995, or classified in accordance with the Atomic Energy Act of 1954. ___________________________ Fiduciary Duties of Trustees: Trustees have certain legal duties in relation to the management of the trust. The most important duty is the duty of loyalty. Since trustees are the legal owners of the trust property, the duty of loyalty prevents the trustee from taking advantage of the legal ownership to use the trust property for his own benefit. The trustee must act in good faith when entering into transactions and invest prudently. See also: fiduciary duty. *Michael and Kait are trustees for each other and all of life of His house in mother earth with His grant of dominion... Their superior trustee duty is for the best interest of the legacy that they co-created in pro-creation of His word so that all may be prosperous in "a-bund-ance"... Bund: related to English band (n.2) and bind (v.) and bond (v.) Bond: (v.) join or be joined securely to something else, especially by means of an adhesive substance, heat, or pressure. Associated. **No legislative law can deny this trust nor supercede it... __________________________________ Fiduciary Relationship: A relationship in which an individual places complete confidence, trust, and reliance in someone who has a fiduciary duty to act for the individual's benefit. A fiduciary relationship need not be formally or legally established; it may be assumed where the fiduciary has superior knowledge and training compared to the person whose affairs the fiduciary is handling. *Michael and Kait have no confidence of any public agency nor acting agents for lack of competence of association... Romans 2:11 - For there is no respecter of persons with God... ___________________________ Guardian: Courts appoint guardians to care for people who cannot take care of themselves. The person a guardian protects is called that guardian's ward. Wards may be either minor children or incapacitated adults. In some other jurisdictions, "custodial" or "conservator" is used instead of "guardian," and some jurisdictions use different terms to refer to different types of guardianships, for example calling the protector of elderly wards a "conservator" while calling the protector of minor children wards a "guardian." Where appropriate, courts may appoint guardians with limited authority. Guardians are fiduciaries of their wards. See, e.g., Francine M. Neilson v. Colgate-Palmolive Co., 199 f.3d 642 (2d Cir. 1999). *Exodus 18:19 Hearken now unto my voice, I will give thee counsel, and God shall be with thee: Be thou for the people to God-ward, that thou mayest bring the causes unto God: 2 Corinthians 3:4 And such trust have we through Christ to God-ward: ___________________________ Habeas: A writ for inquiring into the lawfulness of the restraint of a person who is imprisoned or detained in another's custody. ___________________________ Incompetence: Opposite of competence. Incompetence hearings are usually conducted by a probate court, family court, or other court of limited jurisdiction. See: https://www.law.cornell.edu/wex/incompetence?fbclid=IwAR0Us5oLpbPXx2U2dznJiVYCWi7VtQn4kJgBukxGw-qAwE96GwIkXxqgAPQ#content ___________________________ In Loco Parentis: A Latin term meaning "in [the] place of a parent" or "instead of a parent." Refers to the legal responsibility of some person or organization to perform some of the functions or responsibilities of a parent. *"Legal responsibility" and "lawful liability"... all terms of person are contractual... ___________________________________ INTESTATE DECENDENT: District of Columbia Probate Reform Act of 1980... (e) intestate decedent means a person who dies without leaving a valid will... (f) Legacy means a disposition of property made in a will... (k) Probate means the admission to record of a decedents will or the determination of a decedents intestacy... ___________________________________ Kin: A relative, in particular, a blood relative. Also a relative by marriage or adoption. Also called kindred, kinsman, and kinswoman. Illustrative caselaw See, e.g. Piper Aircraft Co. v. Reyno, 454 U.S. 235 (1981). See also Estates and trusts Family law statutes ___________________________ LIABILITY: (From Black's Law Dictionary - 4th Edition) The word is a broad legal term. Mayfield v. First Nat. Bank of Chattanooga, Tenn., C.C.A.Tenn., 137 F.2d 1013, 1019. It has been referred to as of the most comprehensive significance, including almost every character of hazard or responsibility, absolute, contingent, or likely. Wentz v. State, 108 Neb. 597, 188 N.W. 467, 468. The term is therefore broader than the word "debt," or "indebtedness," and includes in addition existing obligations, which may or may not in the future eventuate in an indebtedness. Daniels v. Goff, 192 Ky. 15, 232 S.W. 66, 67; Irving Bank-Columbia Trust Co. v. New York Rys. Co., D.C.N.Y., 292 F. 429, 433. ___________________________ Meretricious: In family law, this term refers to two parties (ie. two people) living together with the understanding that there is no legal marital relationship. ___________________________ Misrepresentation: A misstatement of facts to obtain money, goods, or benefits to which the person making the misrepresentation is not entitled. In some circumstances misrepresentation can be prosecuted as a crime. *22 CFR § 40.63 - Misrepresentation; Falsely claiming citizenship. 42 CFR § 1001.1552 - Making false statements or misrepresentation of material facts. As well as all the false statements in these matters made by all wrong-doers... Exodus 20:16 - Thou shalt not bear false witness against thy neighbour. ___________________________ Mutual credits - in part: "By this phrase, in the rule under which courts of equity allow set-off in cases of mutual credit, we are to understand a knowledge on both sides of an existing debt due to one party, and a credit by the other party, founded on and trusting to such debt, as a means of discharging it. King v. King, 9 N.J.Eq. 44 ___________________________ Parent: The legal or natural father or mother of a person; the relationship can be established by birth or by adoption. *Yet father and mother both have legal definitions and that is what is presumed... again; the presence of the body cures the err in the name... Prove the law... voice the will (free-dom of expressing the trust)... ___________________________ Parental neglect: A crime consisting of acts or omissions of a parent (including a stepparent, adoptive parent, or someone who, in practical terms, serves in a parent's role) which endangers the health and life of a child or fails to take steps necessary to the proper raising of a child. The neglect can include leaving a child alone when he or she needs protection, failure to provide food, clothing, medical attention, or education to a child, or placing the child in dangerous or harmful circumstances, including exposing the child to a violent, abusive, or sexually predatory person. *This is in fact the acts of Anita and all other parties to the takings of live benficial heirs of the legacy of our father which art in heaven... ___________________________ Personal guardian: See: guardian of the person Guardian of the person: See: Person Person: 22 CFR - Foreign Relations: 22 CFR § 120.15 U.S. person. U.S. person means a person (as defined in § 120.14 of this part) who is a lawful permanent resident as defined by 8 U.S.C. 1101(a)(20) or who is a protected individual as defined by 8 U.S.C. 1324b(a)(3). It also means any corporation, business association, partnership, society, trust, or any other entity, organization or group that is incorporated to do business in the United States. It also includes any governmental (federal, state or local) entity. It does not include any foreign person as defined in § 120.16 of this part. 26 CFR § 1.957-3 - United States person defined. ___________________________ Physical custody: The right of a parent to have a child live with him or her. In a divorce, physical custody may be either "sole" or "joint." Compare: legal custody. *Again; this goes to the legal entity or lawful being... ___________________________ Professional Guardian: Professional guardians take care of their wards, not because they are their friends or family members, but because they are paid to do so. Many professional guardians are lawyers, doctors, social workers, or other trained professionals. Others are nursing homes or medical facilities. There are many reasons why courts appoint professional guardians. Sometimes, incapacitated people have no one else who is eligible to be their guardian. In other instances, professional guardians are more qualified than friends or family members. *Are they professing the truth or regurgitating what another said in concern...? Career: (n.) 1530s, "a running (usually at full speed), a course" (especially of the sun, etc., across the sky), from Middle French carriere "road, racecourse" (16c.), from Old Provençal or Italian carriera, from Vulgar Latin *(via) cararia "carriage (road), track for wheeled vehicles," from Latin carrus "chariot" (see car). Sense of "general course of action or movement" is from 1590s, hence "course of one's public or professional life" (1803). career (v.) 1590s, "to charge at a tournament," from career (n.). The meaning "move rapidly, run at full speed" (1640s) is from the image of a horse "passing a career" on the jousting field, etc. Related: Careered; careering. James 1:19 - Wherefore, my beloved brethren, let every man be swift to hear, slow to speak, slow to wrath: ___________________________ Publicity agent: (h) The term “publicity agent” includes any person who engages directly or indirectly in the publication or dissemination of oral, visual, graphic, written, or pictorial information or matter of any kind, including publication by means of advertising, books, periodicals, newspapers, lectures, broadcasts, motion pictures, or otherwise; General agent: A publicity agent for any public entity acting in commercial capacity disseminating information of national importance. *"A general agent without express authority may not submit a claim of his principal to arbitration, nor does a special administrator. in the administration, of the estate, have such power." See: Sullivan v Nicoulin, 113-76, 84 N. W. 978. ___________________________ Qualified Medical Child Support Order (QMCSO): Under the Employee Retirement Income Security Act ("ERISA"), a judgment, decree, or order regarding child support and coverage under a group health plan that (1) assigns the right to receive benefits under a group health plan and (2) is made pursuant to either a state's domestic relations law or the Social Security Act, 42 U.S.C. § 1396g–1. 29 U.S.C. § 1169(a)(2). A qualified medical child support order ("QMCSO") allows a non-employee, custodial parent to obtain health coverage for his or her child from the employee parent's group health plan. Illustrative caselaw See, e.g. O'Neil ex rel. Lord v. Wal-Mart Corp., 502 F.Supp.2d 318 (N.D.N.Y. 2007). *See; Social Security Form SS5(Application For a Social Security Card); person named is likely currently classified as "Medicare Qualified Government Employee": - Medical qualification... Any "qualifications" being presumed are hereby rebutted for no consent - mistakes - misrepresentaions - other presumptions... See; The Social Security Act (Act of August 14, 1935) [H. R. 7260] PREAMBLE An act to provide for the general welfare by establishing a system of Federal old-age benefits, and by enabling the several States to make more adequate provision for aged persons, blind persons, dependent and crippled children, maternal and child welfare, public health, and the administration of their unemployment compensation laws; to establish a Social Security Board; to raise revenue; and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, _____________________________ Receivership: The term receivership describes the process in which a "receiver" is appointed by the creditor, typically and presumedly a bank, to administer and 'receive' (i.e. liquidate) the company's assets so the secured creditors can recoup their money. A receiver is a person appointed as custodian of a person or entity's property, finances, general assets, or business operations. Receivers can be appointed by courts, government regulators, or by private entities. Receivers seek to realize and secure assets and manage affairs to pay debts. The difference between a receiver and a liquidator, is that a receiver's main duty of care is to a secured creditor, which is usually presumed/assumed to be a bank, whereas a liquidator is concerned with all of the affairs of a company and all of its creditors. In law, receivership is a situation in which an institution or enterprise is held by a receiver - a person "placed in the custodial responsibility for the property of others, including tangible and intangible assets and rights" - especially in cases where a company cannot meet its financial obligations and is said to be insolvent. The receivership remedy is an equitable remedy that emerged in the English chancery courts, where receivers were appointed to protect real property. Receiverships are also a remedy of last resort in litigation involving the conduct of executive agencies that fail to comply with constitutional or statutory obligations to populations that rely on those agencies for their basic human rights by and through enforcement of a security interest. __________________________ Special damages: Damages that compensate the plaintiff for quantifiable monetary losses such as medical bills and the cost to repair damaged property (direct losses) and lost earnings (consequential damages). Distinguished from general damages, for which there is no exact dollar value to the plaintiff's losses. *See; Warrany Deed... They lost their property because of this... Stayaway order: A court order prohibiting one party from coming near or contacting another. Most common in divorce actions and cases of stalking. Again; in these matters, it is a legal issue that can NOT extend [i]n to law... it is NOT natural to keep the girls from mom and dad... it denies natural standing... ___________________________ VOID JUDGEMENT: A void judgment which includes judgment entered by a court which lacks jurisdiction over the parties or the subject matter, or lacks inherent power to enter the particular judgment, or an order procured by fraud, can be attacked at any time, in any court, either directly or collaterally, provided that the party is properly before the court,Long v. Shorebank Development Corp., 182 F.3d 548 ( C.A. 7 Ill. 1999). Void judgments generally fall into two classifications, that is, judgments where there is want of jurisdiction of person or subject matter, and judgments procured through fraud, and such judgments may be attacked directly or collaterally, Irving v. Rodriquez, 169 N.E.2d 145, (Ill.app. 2 Dist.1960). A void judgment is one that has been procured by extrinsic or collateral fraud, or entered by court that did not have jurisdiction over subject matter or the parties, Rook v. Rook, 353S.E. 2d 756, (Va. 1987). A void judgment, however, amounts to nothing and has no force as res judicata. See Selig v. Barnett, 233 Ark. 900, 350 S.W.2d 176 (1961). A void judgment amounts to nothing and has no force as res judicata." Arkansas State Highway Commission v. Coffelt, 301 Ark. 112, 782 S.W.2d 45 (1990) Judgments entered where court lacked either subject matter or personal jurisdiction, or that were otherwise entered in violation of due process of law, must be set aside, Jaffe and Asher v.Van Brunt, S.D.N.Y.1994. 158 F.R.D. 278. When rule providing for relief from void judgments is applicable, relief is not discretionary matter, but is mandatory, Orner v. Shalala, 30 F.3d 1307, (Colo. 1994). ___________________________ Ward: Courts may appoint guardians to care for people who cannot properly take care of themselves, due to age or legal incompetence. These protected people are the wards of their guardians. ___________________________ Writ of certiorari: Certified Equity... A type of writ, meant for rare use, by which an appellate court decides to review a case at its discretion. The word certiorari comes from Law Latin and means "to be more fully informed." A writ of certiorari orders a lower court to deliver its record in a case so that the higher court may review it... (to be more fully informed - like wording with; as near as possible - an Admiralty "term" - Cy-près doctrine - common law has a greater standing in Admiralty because commercial jurisdiction operates on presumption until rebutted) At common law, certiorari was an original writ issuing out of the court of chancery or the king's bench, and directed in the king's name to the judges or officers of inferior courts, commanding them to certify or to return the record or proceedings in a cause pending before them, for the purpose of judicial review... chan·cer·y /ˈCHans(ə)rē/ noun 1. US a court of equity. ___________________________ Mom and dad: Natural guardians entrusted with acceptance of the oath of our father which art in heaven granted in Genesis 1 and Genesis 2 of the KJV Bible... ___________________________ Additional Definitions can and may be attached and incorporated at any time in accord with mom and dads affect only...

Posted by El Hotepsekhemwy Pero at 2020-11-30 04:32:36 UTC