Notices of Appearance
Key Points
Session 11 on Jurisdiction and Inquisition presented some crucial knowledge on how to handle the extremely stressful experience of police arrest, police raids and police interviews, while still respecting that the vast majority of police are themselves decent people. Also discussed were some rarely comprehended procedural issues concerning court and the nature of Jurisdiction and Appearance; and why, when people forget or ignore these procedures, they effectively “hand over” control to the opposing side by effectively admitting they are incompetent, and idiots and therefore subject to the jurisdiction of the court. Some highlights were:
Police have three primary goals being:
- Obtain confession.
- Form a contract.
- Discredit any alternate testimony.
When faced even with the most intimidatory circumstances of raids and arrest, there is a way to handle oneself. No one can properly force you to make testimony or enter a contract if they refuse to divulge the facts.
Jurisdiction is two things:
- Authority of a forum to administer justice.
- Authority of jurist to sit and hear and interpret the law of such a forum.
Appearance is two things:
- Physical presence.
- Formal capacity & character of defendant coming to a valid forum of law to resolve a legal argument.
A defendant must submit some memorandum of appearance on the day to identify their capacity and character of defense (i.e. attorney-in-fact, or advocate-of-law, or self-representation, PRO SE);
There are two types of Appearance:
- Special challenges the jurisdiction of court.
- General as acceptance and submission to jurisdiction of court.
Notice of Special Appearance – Registered Post
Appearance is not only the physical presence at the court on the day of the hearing or trial or mention, but also the procedural memorandum and notification of the court by the defense as to the claimed standing and character of the defense. It is now time to discuss an extension of that knowledge in matters where a summons is issued by the mail or has been served by another party ahead of a proposed court date. It is called Notice of Appearance, or in this case Notice of Special Appearance.
If there is no possibility of receiving a logical or fair hearing and that overwhelmingly there is evidence the court has no jurisdiction, then you may seek to respond with a Notice of Special Appearance, supported by a properly formed Affidavit and finally a series of questions called Interrogatories that go to the heart of the challenge of jurisdiction.
However, be warned. Unless you are 100% competent and knowledgeable back-to-front and front-to-back on the knowledge presented in this series, and are capable of being calm and collected under fire, you are effectively “poking a bear in the eye with a stick” when challenging as special appearance, and do not expect an easy process. On the other hand, if you have clear evidence of existing dishonor by the other side and clear omissions within their claim, plus evidence of counter claim, then you may choose to use the Notice of Appearance as the delivery mechanism of your intentions up front to the court, so there can be no automatic default or white-washing of your evidence. In the end, it is your choice. However, consider very carefully what you do, because there is the possibility of having matters dismissed and discharged while still accepting General Appearance if not done properly.
The key points about the Notice of Appearance or Notice of Special Appearance is that it is your opportunity to get the surety and details of any Attorney-In-Fact or Advocate-Of-Law into their system, plus the fact that your Affidavit is your response and challenge.
Notice of Appearance – Affidavit
The purpose of an Affidavit is to provide testimony given under oath in a form acceptable to their system, providing facts and proof (or annexures) based on first hand evidence and knowledge that is NOT hearsay, or opinion, or conspiracy or conjecture.
It is necessary to include a clause at the end of your affidavit and before any listing of annexures as the last numbered paragraph of the main body that effectively disarms any claim of an error rendering the entire affidavit void. An old trick of private bar guild members to eliminate affidavits they do not like, is to pick on one error to claim the whole affidavit is false. To counter this fallacy, include the following words:
All the facts and circumstances deposed herein are within my own first-hand knowledge and expertise except such as are deposed herein from information only in accord with my reasonable knowledge and sources of information as appear within the present Affidavit. In the event that any provision or wording of the present Affidavit is held to be invalid or unenforceable at law, such provision or wording shall hereby be severed from the present Affidavit to the extent that such provision or wording is void, or invalid or unenforceable. Furthermore, any such ruling shall not affect the validity or enforceability of the remainder of the present Affidavit.
Notice of Appearance – Interrogatories
Whenever you receive a summons to appear or attend, Interrogatories are a very powerful and important element to consider.
Interrogatories are formal questions given to a party in a matter accompanied by an Affidavit that must be answered under oath and truthfully; or the implication of the question will stand as fact if unanswered or not disputed.
In most western jurisdictions, there is the requirement of the plaintiff issuing the summons to provide disclosure to the opposing parties as part of their claim. Of course, this is not always the case; and courts increasingly have modified their own procedures to add more and more examples where such disclosure is deemed unnecessary.
What this means in practice is that if you do choose to appear under general appearance and submit to the jurisdiction of the court, then you are faced with being judged on incomplete evidence; against a plaintiff that may very well have not disclosed all the facts. What do you do? This is where properly formed interrogatories are essential.
Virtually every jurisdiction of court permits interrogatories in civil matters. If you are sending a Notice of Special Appearance, your Interrogatories will be directed at the court, so you need to be even more competent and careful in your wording.
Interrogatories are not an opportunity to score points, or make further unsubstantiated allegations, or unproven presumptions. Remembering, in most jurisdictions the limit of questions – including all sub parts, is 25 or less, unless the court grants follow up questions. Do not be tricked by many of the false and fake and poorly designed examples of interrogatories on the internet.
Consider the following key elements:
- Interrogatories begin with making clear the source of authority within the statutes or codes or procedures of the court that permit you to issue such a document.
- Interrogatories must include essential definitions, not exhaustive, but at least those terms defining the parties, the issues and the terms most commonly used in the interrogatories.
- Interrogatories must include instructions, based on the actual procedures and rules of the court, on how to answer them, the deadline to answer, and what a non-answer constitutes. Usually, the deadline date is 30 days from service. If you are responding to a summons within 28 days or 14 days, do not worry, because if you have the interrogatories properly served, then you have the grounds for an immediate continuance, via motion, to be granted on the day stated on the summons, if you are accepting general appearance. The court must grant you protection from any further interaction with the plaintiff until the plaintiff has answered the interrogatories.
If you are issuing interrogatories as part of a special appearance, then either the matter should be re-scheduled or continued. But be careful, as a Notice of Special Appearance still follows procedures of court to the extent of courtesy to the court until the question of jurisdiction is proven or disproven. Therefore, do not be tricked by fake remedy gurus that suggest you can make it up as you go along. You cannot.
Finally, when framing questions, keep in mind the implications if not answered. Do not destroy such an important element of response by including questions based on unproven or unsubstantiated claims, conspiracies or scandal, as it will hurt you, not help you. Instead, use this element of procedural remedy to obtain the disclosure that is needed to be able to adequately defend your matter; or respectfully and properly challenge the jurisdiction of the court, whatever the case may be.
Quick Review on Key Concepts
Law always involves the tribunal of persons
The Law always involves the tribunal of persons. If we did not have three personal perspectives within language, then it would be impossible to describe objective relation between “I, me, my” and “you, yours and yourself” and “he, she, they or them”. This is not intrinsically “evil” or “bad” or “unfair”, it is actually logical and common sense.
The very notion of objective thought requires the presence in session of a mental forum of consciousness of at least three persons, the one asking the question, or “accuser”; then the one that is the subject or answerer, or “accused”; and finally, the witness to the mental argument being sufficiently independent to conclude a rational thought.
This notion of the tribunal of persons is at the very heart of the modern legal system in the pseudo form of the “sacrament of penance” as a “court of conscience”, whereby a man or woman is at once the accuser, the accused and the witness, with all other parties then merely evidentiary witnesses to such an admission.
Law always involves one or more Estates
The law always involves one or more Estates, being records in a roll, creating persons associated with rights. In almost all cases, the courts that you will be dealing with only have jurisdiction over personal property of things, and not the real property of agents, much less official property of the government. Those powers are reserved for much higher courts such as the Supreme Court of the District of Columbia, or the Court of Chancery in Delaware, or the Privy Council in Great Britain.
The law is necessarily fictional
The Law is necessarily fictional. That is not a bad thing, it is a fact of nature. Indeed, any form of attempt of accurate memorialization of past events, for whatever reason requires some level of “recreation” of past events, in order to comprehend their chronology, their relation and their conclusion.
Law always involves Argument
The Law always involved some Argument being the process of establishing and validating the proof of one or more claimed facts. The word argument itself, comes from the Latin term arguo meaning “I show, prove, assert, declare, make clear; or I reprove, accuse, charge with; or I blame, censure; or I denounce as false”. In other words, the ancient Latin concept of argument remains very similar to its use today.
All formal Arguments have three essential components: Matter, Issue and Facts. The foundational reasoning used to establish Argument is LOGIC either by Deductive or Inductive Logic. An Argument always involves a minimum of 2 persons. A Legal Argument always involves a minimum of 3 persons, as a “tribunal of persons”.
Law depends upon Logic and Reason
Given Argument is always part of Law, the Law always depends upon Logic and Reason to prove Matter, Issue and Facts. The law may make a distinction between the question of fairness as a matter of equity; and now something specialized in certain types of courts being courts of equity or courts of chancery; and courts of procedural law, yet all courts depend upon logic and reason to function.
Law always involves process of form, cause and action
The law always involves process and procedure of form, cause and action. There must always be the written testimony in some form by the accuser and unless the accuser is making a confession and accepting the debt, liability and surety for themselves, the accuser cannot also be the role of accused or prime witness.
Furthermore, there must be some formal outline of alleged misdeed and essential facts, being the facts needed to be proven. Finally, there is the action in law reflecting the rights of the accuser to remedy or relief.
If a person possesses a right of action, then the standard process initiated by a plaintiff must include an affidavit of the accuser, the affidavit of at least one witness, an indictment and a citation. Such a right pre- supposes some form of agreement, or charter, or warrant or patent granting such a right in the first place.
If a person only possesses a right of exception, then the standard process must include a statement of the claimant, the claim, the affidavit of at least one witness; or admission by the accused of a debt, and then the formal complaint, usually as a bill of rights.
If a person possesses neither a right of action nor right of exception, then the standard process must include a memorandum of facts and arguments, a prayer for relief in “equity” and some formal petition.
Law always involves one or more Rights
The Law always involves one or more Rights, with a Right being an Ecclesiastical, Moral or Legal Capacity, Privilege, Liberty, Faculty or Power, and associated obligations, remedy, relief and exceptions held in Trust.
Law always involves one or more Trusts
The always involves rights that are always held in trust; and that law always involves estates being persons of various statuses holding certain rights in trust. Thus, a trust is the formation of an office of trust or “trustee” formed by a promise to the terms of trust to take possession of certain Rights, and perform certain Obligations for the Benefit of Another.
There are two different states of Beneficiary in relation to Trusts, being either named or unnamed.
When the Beneficiary is named, a Principal-Agent relation is established and the agent effectively provides a service.
The 2 different states of Beneficiary
But when the Beneficiary is unnamed, the Benefit goes to the Creditor; and the liability remains with the Trustee as Debtor, while the unnamed beneficiary is given a “Good”.
Procedural Law always involves Property
When it comes to Procedural Law concerning the Right of Action, or the Right of Exception, administrative law always involves some form of property. Property is a negotiable right attached to a person.
Five conditions that end a Trust
The five main conditions that cause the end of a Trust: Dissolution, Satisfaction, Termination, Falsification (Cessation) or Annulment. This section will focus on the conditions associated with Falsification, or more commonly known as Fraud; and how the presumptions and conditions of such an end of a trust work; and how courts then address outstanding rights, issues, penalties and punishments in the context of Fraud.
Goods and Chattels
Before addressing Debt and even Fraud, it is important to first address the notion of Goods and Chattels; and what are Goods and what are Chattels? This is because the concept of Debt is directly associated from its very origin with the notions of Goods and Chattels of a Personal Estate, not Real Estate. As Debts are and have always been associated with the notion of Goods.
Land under the Western-Roman Systems is the only real asset there is; because land means people as something that can be owned. It is the source of the creation of all financial instruments and money. Its existence is essential in such a system for any subsequent derivative like an Annuity attached to a Cestui Que Vie Trust to exist
Logically, debt is a derivative of a contract and a contract is a derivative of a person and a person is a derivative of the physical man or woman as Land; therefore, debts can only be associated with personal estates and NOT real estates or official estates.
What are Goods?
The notion of Goods has two essential meanings: the first is a gift; and the second is a promise associated with a beneficial Right of Use for Sale or Bargain. Thus, an exchange of Goods can mean:
- An Exchange of gifts between a buyer and a seller.
- An Exchange of a gift of a seller with a promise of a buyer.
- An Exchange of promises between a buyer and a seller.
The original Latin word for Promise was bona meaning “promise”. Hence, Bona Fide in respect of trusts also translates literally as a “promise in trust” or an enforceable promise. By the 17th Century, the word bona was replaced by the word goods meaning a “promise or gift to or from God”.
This somewhat of a different concept to what we are used to thinking. As consumers, we are trained to think of goods in terms of the actual house, or car, or groceries, not the rights in trust that are attached behind them. Yet that is what precisely it is.
What are Chattels?
Another word that is traditionally associated with Goods is the word Chattels. The meaning of Chattels is frequently formed as a circular reference with Goods, so when you try to find the meaning of Goods, you get “chattels” and when you look at the definition of Chattels you get “goods”. Chattels means “Animals and Slaves as Goods as well as the Goods of Slaves for Sale and Bargain”.
The true original Latin word for Chattel is Catal/Catalla (the same origin for Cattle) meaning “beasts of burden”. There is no hiding what it means, despite some artful attempts by some dictionaries.
Chattels are then defined into two broad categories, Real Chattels and Personal Chattels.
- Real Chattels are the Interests of Animals, Insolvent Debtors, Criminals and Slaves leased for years as property to corporations for profit. Typically, the criminal banking landlord retains “Chattel Interest” in other words no effectual title passes from the creditor to debtor, but the creditor retains the right to the slaves that the debtor never had.
- Personal Chattels are the personal property of Insolvent Debtors, Criminals and Slaves that may be seized as bounty, prize or profit.
What is a Sale?
There are two methods for transferring Goods being either by Sale or Bargain. This should immediately spark what appears to be an anomaly for people when you consider that simple barter seems like an obvious method of exchange. The reason why Goods cannot be bartered will become obvious again in a moment. But for now, let us look at the notion of what is a Sale?
A Sale is essentially when the title to a thing is given in Trust to another in exchange for a price of lawful money, also given in trust. A Sale always involves two distinct trusts having two distinct trust corpus, one where the buyer is trustee and one where the seller is trustee. It is only when the sale is completed do the two separate trusts dissolve, providing the conditions of sale make that possible. In other words, there are ALWAYS at least two trusts associated with a sale.
The terms and nature of a sale therefore can be defined by three primary variables, namely:
- Whether the sale is conditional or absolute.
- Public or private.
- Voluntary or judicial. The concept of an involuntary sale is an absurdity that should not be permitted to even be entertained in law; and has only arisen out of the sheer incompetence of certain jurists to even the most basic notions of law.
What is a Bargain?
The second form of exchange associated with Goods is the concept of Bargain. A Bargain is a Contract of Mutual Bindings (Promises) as Security whereby one party promises to assign a right as property for some consideration; and the other party promises to receive the property and take good care of it and pay the consideration.
Similar to a Sale, with a Bargain there MUST be two Trusts for a Bargain to exist: The one for the Buyer and one for the Seller. However, a Bargain is NOT a transfer of title, but a Bailment of Goods for some financial consideration. The Seller never gifts the property like a Sale and the terms of Consideration may also involve some return of a Bailment of Money. Hence, the key operating element of a Bargain is the Mutual Binding Promises that are also called Debts.
There are two debts associated with any valid Bargain:
- The debt of the buyer.
- The debt of the seller.
Just as there are two valid trusts and two valid trustees (Buyer and Seller) and two debtor-creditor relations with the two trusts.
Unfortunately, when arguments over Bargains end up going to court, such language as Obligor and Obligee are used; and the notion that there must be two trusts for a valid Bargain (as well as Sale) is completely ignored. How is this possible? Because courts are granted the power to transform the nature of reality into a world of things, where white can be legally turned black, and good can be turned bad, within limits of logic, reason and the ignorance of the parties and the public generally. Thus, unilateral adhesion contracts exist only within the world of courts and the minds of gullible people. All other valid contracts must be mutual agreements.
What are Inchoate Instruments?
Inchoate Instruments are those begun but unfinished or not completed, such as a contract not executed with all necessary provisions by all parties.
Inchoate Instruments are only good between the parties to the extent that both choose to perform.
Fraud
What is Fraud?
Fraud may be defined simply as “financial advantage gained by unfair means”. There are three broad categories: Personal, Constructive and Statutory.
Personal Fraud
Also known as Actual and Moral = when one person Causes pecuniary injury to Another by intentionally. misrepresenting or concealing a material fact that they were bound to explain or disclose. Examples include misrepresentation, concealment and by matters subsequent.
Constructive Fraud
Also known as Legal = where no wrongful intention is proved but that fraud is presumed from circumstances and the court seizes the right/rights in question to determine the outcome. ALL COURT CASES ARE BASED ON CONSTRUCTIVE FRAUD.
Statutory Fraud
Where certain acts are made fraud by statute and prohibited. In most court cases, Statutory Fraud as a means to prevent an action or highlight and action is fraudulent requires knowledge of the statute and its proper inclusion in evidence.
Debt
What is Debt?
Debt may be defined as two elements:
- A Binding Promise.
- A Right of Action (in Court) upon delinquency.
Binding Promise
From Latin Debeo = “to owe; to be bound”
A solemn obligation under contract. A binding promise under Bargain.
Right of Action
From Latin Debito = “a writ (right of action) upon default”:
- Payment of sum of money due for Goods sold (under Bargain).
- Payment of penalty/compensation on failure to perform.
Under a Bargain, strictly speaking there are two Debts. The one owed by the Buyer and the one owed by the Seller. The absence of two sets of paperwork of binding promises either implies an INCHOATE agreement and thus, can be withdrawn; or a FRAUD and therefore the basis of pursuing penalty for failure to perform. Now you see the power and logic of Set-Off, not because the present system is being nice, but the fact that it cannot ignore the real possibility of an opposing and equally valid debt to the one being pursued by the bank or other institution.
