POINTS OF STANDING: American Jurisprudence: In general, it is essential to identify parties to court actions properly. If the alleged parties to an action are not precisely identified, then who is involved with whom or what, and how? If not properly identified, all corresponding judgments are void, as outlined in Volume 46, American Jurisprudence 2d, at "Judgments:" "§ 100 Parties — A judgment should identify the parties for and against whom it is rendered, with such certainty that it may be readily enforced, and a judgment which does not do so may be regarded as void for uncertainty. Such identification may be achieved by naming the persons for and against whom the judgment is rendered. Technical deficiencies in the naming of the persons for and against whom judgment is rendered can be corrected if the parties are not prejudiced. A reference in a judgment to a party plainly liable, followed by an omission of that party's name from the language of the decree, at least gives rise to an ambiguity and calling for an inquiry into the court's real intention as reflected in the entire record and surrounding circumstances." Established principles of moral states the importance of the name: Ad recte docendum oportet, primum inquirere nomina, quia rerum cognitio a nominibusrerum dependet. In order rightly to comprehend a thing, inquire first into the names, for a right knowledge of things depends upon their names. Caesar non supra grammaticos Caesar has no authority over the grammarians Political power is limited; it does not include power over grammar cum mortuis in lingua mortua with the dead in a dead language Dubuque rei potissinia pars prineipium est The principal part of everything is in the beginning calamus gladio fortior The pen is mightier than the sword capax Dei capable of receiving God coram Deo in the presence of God crescamus in Illo per omnia May we grow in Him through all things crescat scientia vita excolatur let knowledge grow, let life be enriched Mens eo ipso imago Dei est quo eius capax est The mind is the image of God, in that it is capable of Him and can be partaker of Him capax infiniti holding the infinite Capability of achieving goals by force of many instead of a single individual Caritas Christi The love of Christ To love as Christ loved cruci dum spiro fido while I live, I trust in the cross, Whilst I trust in the Cross I have life Caritas in veritate Charity in Truth cuius est solum, eius est usque ad coelum et ad inferos Whose the land is, all the way to the sky and to the underworld is his. For whosoever owns the soil, it is theirs up to the sky and down to the depths causa latet, vis est notissima The cause is hidden, but the result is well known cessante ratione legis cessat ipsa lex when the reason for the law ceases, the law itself ceases Congregatio Sanctissimi Redemptoris Congregation of the Most Holy Redeemer consuetudo pro lege servatur Custom is held as law What is done is what ought be done for there is nothing new under the sun Co. Litt. 68. Title III, "Pleadings and Motions," Rule 9(a) "Capacity," Federal Rules of Civil Procedure, states, in pertinent part: "When an issue is raised as to the legal existence of a named party, or the party's capacity to be sued, or the authority of a party to be sued, the party desiring to raise the issue shall do so by specific negative averment, which shall include supporting particulars." Legal matters administrate, conform to, and follow rules. They are equitable in nature and are implied (presumed) rather than actual (express). A legal process can be defective in law. This is why we express the trust - to perfect the defects. Most often the defect is simulated legal process. This is why the Federal and State Rules of Civil and Criminal Procedure are cited in every court Petition so as to conform to legal requirements of the specific juristic persons named: "Legal" looks more to the letter [form/appearance], and "Lawful" to the spirit [substance/content], of the law. "Legal" is more appropriate for conformity to positive rules of law; "Lawful" for accord with ethical principle. "Legal" imports rather that the forms [appearances] of law are observed, that the proceeding is correct in method, that rules prescribed have been obeyed; "Lawful" that the right is act full in substance, that moral quality is secured. "Legal" is the antithesis of equitable, and the equivalent of constructive. 2 Abbott's Law Dic. 24. [Bold emphasis added] The Established Maxim of Law Applies: Extra territorium just dicenti non paretur impune. One who exercises jurisdiction out of his territory cannot be obeyed with impunity. 10 Co. 77; Dig. 2. 1. 20; Story, Confl. Laws § 539; Broom, Max. 100, 101. ____________________ ***** Special note ***** It is an old hat that a court called upon to do equity should always consider whether the petitioning party has acted . . . with unclean hands. Texaco Puerto Rico, Inc. v. Department of Consumer Affairs, 60 F.3d 867, 880 (1st Cir. 1995). This consideration is rooted in the maxim that "he who comes into equity must come with clean hands." Precision Instrument Mfg. Co. v. Automotive Maintenance Mach. Co., 324 U.S. 806, 814 (1945). Under the doctrine of unclean hands, a court may refuse to grant equitable relief to a plaintiff who has been guilty of unlawful or inequitable conduct regarding the issue in dispute. Lazy M Ranch, Ltd. v. TXI Operations, LP, 978 S.W.2d 678, 683 (Tex. App. 1998) It is well settled that a party seeking equity cannot come into a court with unclean hands. Schenk v. Halliday Real Estate, Inc., 803 S.W.2d 361, 366 (Tex. App. 1990) The findings show fraud on [the part of the party seeking legal subrogation]. He does not come into court with clean hands, and is therefore not in a position to invoke the equitable principles upon which legal subrogation rests.; Rotge v. Dunlap, 91 S.W.2d 905, 908 (Tex. App. 1936) Applying to legal subrogation the maxim that one who seeks equity must come into court with clean hands., Christian v. Manning, 59 S.W.2d 234, 237 (Tex. App. 1933), and See: Bell v. Franklin, 230 S.W.2d 181, 185 (Tex. App. 1921) ____________________ Rules of Law There are three components to Rules of Law; Maxims, Court case law and most importantly the Holy Scriptures of the Bible: The following are the ten essential commercial maxims and their applied scriptural references that the Court maintains to explain everything that goes on in that venue. 1. A work man is worthy of his wages. Luke10:7, 11; 2Tim2:6; Ex20:15; Lev19:13; Matt10:10; It is against equity for freemen not to have the ability to dispose of property; this situation is further clarified by the Wages Protection Act 1983, s4, "no deductions from wages except in accordance with act, subject to s5(1) and 6(2) (giving the employer written notice of at least one pay period, or whichever is practicable, or they breach the statutory minimum employment contract) an employer shall, when any wages become payable to a worker, PAY THE ENTIRE AMOUNT OF THOSE WAGES to that worker without deduction."; 2. All are equal under the law. Ex21:23-25; Lev24:17-21; Deut1:17, 19:21; Matt22:36-40; No one is above the law; under commercial law, both natural and moral laws are binding on everyone and no one can escape it; commerce, by the law of nations ought to be common and not to be converted into a monopoly for the gain of a few; 3. In commerce truth is sovereign. Ex20:16; Ps117:2; Matt6:33; John8:32; 2Cor13:8; Without this maxim there would be no basis for commerce to occur and all human intercourse would be in chaos, anything goes, each man for himself and it would be ‘the law of the jungle’; 4. Truth is expressed by way of an affidavit. Lev5:4, 5; Lev6:3-5; Lev19:11-13; Num30:2; Matt5:33; James5:12; There can be no valid commercial transaction without someone being prepared to risk a loss (for whatever reason) and to take responsibility if there is; to say that a thing ‘is true, correct, complete and not intended to mislead’ expressly means the subject matter is in fact; the affidavit is a two edged sword, because if we act without integrity, then those who are adversely effected must have some ability to recourse; 5. An unrebutted affidavit stands as the truth in commerce. 1Peter1:25; Heb6:13-15; Claims made in an affidavit if unrebutted point for point, will be assumed as fact until proven otherwise; He who does not deny admits; 6. An unrebutted affidavit becomes the judgement in commerce. Heb6:16, 17; due process of law requires we be served some notice (usually three) which if unanswered will remain as the only fact/s on which a final decision will rest; 7. A matter must be expressed to be resolved. Heb4:16; Phil4:6; Eph6:19-21; One who fails to assert their rights has none; we therefore must endeavour to say everything we want them to do for us, even by saying we want to have any and all charges dismissed and any order of the court proceedings to be released to us; furthermore if we aren’t comprehensive in our demands and fall short of making complete statements to the court, then we will be subject to the next maxim; 8. He who leaves the battlefield first loses by default. The book of Job; Matt10: 22; if we leave to venue without completing the process of law then we will still be subject to any residual power of the court; 9. Sacrifice is the measure of credibility. Acts7; One who bears the burden should also derive the benefit; We cannot expect any potential gain without exposing ourselves to a potential loss; 10. A lien or claim can only be settled by rebuttal, counter affidavit, resolution by jury, or payment. Gen2-3; Matt4; Revelation; These ten maxims are the key to the rule of law and if we use them in the correct way, then we will gain the victory, because commercial law is non judicial and the basis with which all nation state governments, or their court systems can possibly exist, function, or operate. When we uphold these maxims then the judge must enforce them in our favour because they are the only due process’ of law by which a judge can operate. Remember, “If we wish to be the King of the jungle, it’s not enough to act like a King, we must be the King; and there can be no doubt, because doubt causes chaos and one’s own demise; my Queen told me that.”, The Gentlemen, Guy Richie

Posted by El Hotepsekhemwy Pero at 2020-11-30 04:36:17 UTC