Annexure Person explained

Transcription

1 PERSON Explained Words are used as a tool in a language called legalese, which sounds like plain English, but is deceptively different. Just the mere fact that a word needs to be defined leads us to start asking questions about these words. Download a Black s Law 4 th Edition Dictionary for you to learn what the words are that you don t comprehend. LEGALESE legalese (lee-g<<schwa>>-leez). The jargon characteristically used by lawyers, esp. in legal documents <the partner chided the associate about the rampant legalese in the draft sublease>. See PLAIN-LANGUAGE MOVEMENT. Black s Law 8 th edition. PLAIN-LANGUAGE MOVEMENT plain-language movement. 1. The loosely organized campaign to encourage legal writers and business writers to write clearly and concisely without legalese while preserving accuracy and precision. 2. The body of persons involved in this campaign. You can already see that there is deception in legalese. If words have to be redefined, it is obvious that the definition is changing the original or natural meaning of the word already. The Interpretation Act of RSA defines person as follows: 'person' includes- (a) any divisional council, municipal council, village management board, or like authority; (b) a company, close corporation or co-operative incorporated or registered in terms of legislation whether in the Republic or elsewhere; (c) a body of persons corporate or unincorporated; (d) an estate of a deceased or insolvent person; or (e) a partnership, trust or trust fund, but excludes an organ of state unless section 27 applies; 1

2 Nowhere does it mention a Man or a Woman. A person is a legal entity which is a fiction that has no soul. And by using the legalese word includes, it excludes everything else. A person is nothing more than a legal fiction. Black s Law dictionary: person. 1. A human being. Also termed natural person. From Ballentine's Law Dictionary, 1948 Edition: 'Human Being' is defined as follows: 'See monster'. From the same dictionary, 'monster' is defined: 'A human-being by birth, but in some part resembling a lower animal.' interested person. A person having a property right in or claim against a thing, such as a trust or decedent's estate. The meaning may expand to include an entity, such as a business that is a creditor of a decedent. Abbr. IP. person of incidence. The person against whom a right is enforceable; a person who owes a legal duty. The meaning may expand to include an entity, such as an insurance company. person of inherence (in-heer-<<schwa>>nts). The person in whom a legal right is vested; the owner of a right. The meaning may expand to include an entity. private person. 1. A person who does not hold public office or serve in the military. 2.Civil law. An entity such as a corporation or partnership that is governed by private law. 2. The living body of a human being <contraband found on the smuggler's person>. 3. An entity (such as a corporation) that is recognized by law as having the rights and duties of a human being. In this sense, the term includes partnerships and other associations, whether incorporated or unincorporated. Definition of natural person: A person with the capacity for rights and duties. There is a very big difference between a human being with the capacity for rights and duties and a sovereign who has the ability to choose the capacity for rights and duties. 2

3 So far as legal theory is concerned, a person is any being whom the law regards as capable of rights and duties. Any being that is so capable is a person, whether a human being or not, and no being that is not so capable is a person, even though he be a man. Persons are the substances of which rights and duties are the attributes. It is only in this respect that persons possess juridical significance, and this is the exclusive point of view from which personality receives legal recognition. John Salmond, Jurisprudence 318 (Glanville L. Williams ed., 10th ed. 1947). artificial person. An entity, such as a corporation, created by law and given certain legal rights and duties of a human being; a being, real or imaginary, who for the purpose of legal reasoning is treated more or less as a human being. An entity is a person for purposes of the Due Process and Equal Protection Clauses but is not a citizen for purposes of the Privileges and Immunities Clauses in Article IV, 2, and in the Fourteenth Amendment. Also termed fictitious person; juristic person; juridical person; legal person; moral person. Cf. LEGAL ENTITY. [Cases: Corporations 1.1(2). C.J.S. Corporations 2.] HUMAN BEING To Be or Not To Be a Human Being? (By Randy Lee in The Christian Jural Society News.) From Ballentine's Law Dictionary, 1948 Edition. 'Human Being' is defined as follows: 'See monster'. From the same dictionary, 'monster' is defined: 'A human-being by birth, but in some part resembling a lower animal.' This is an unusual definition, but like all Law Dictionaries on this subject, a nondefinition. It only states that a 'human being' is a higher animal. It is not found anywhere in Scripture that a Christian Man or Woman is an animal or part of the animal kingdom. This being the case, then what exactly is a 'human being.' From the Oxford New English Dictionary of 1901, 'human' is defined as, '3. Belonging or relative to man as distinguished from God or superhuman beings; pertaining to the sphere or faculties of man (with implication of limitation or inferiority); mundane; secular. (Often opposed to divine.)' 'Secular' being the important word here, we look to the multi-definitions in the 1992 Random House Webster's College Dictionary: "Secular' adj. 1. of or pertaining to worldly things or to things not regarded as sacred: temporal. 2. not relating to or 3

4 concerned with religion (opposed to sacred). 3. concerned with non-religious subjects. 4. not belonging to a religious order: not bound by monastic vows." Could it be that 'human' means un-godly. From the same dictionary, a look at a combination of the two: 'Secular humanism' n. any set of beliefs that promotes human values without specific allusion to religious doctrines." And, "' secularism' n. 1. secular spirit or tendency, esp. a system of political or social philosophy that rejects all forms of religious faith or worship. 2. the view that public education and other matters of civil policy should be conducted without the influence of religious beliefs." In conjunction with this, from Collier's New Dictionary of the *English Language, 'humanitarian' is defined: n. 'a philanthropist: an anti Trinitarian who rejects the doctrine of Christ's divinity; a perfectionist.: From the above Random House Dictionary, "humanitarianism' is defined: n. 'the doctrine that humankind may become perfect without divine aid.' With no definition of 'human being' in Law, Mellinkoff's Dictionary of American Legal Usage, 1992, defines 'Person' as, 1."a human being--without regard to sex, legitimacy, or competence. This person is the central figure in law, as elsewhere, characterized by personal attributes of mind, intention, feelings, weaknesses, morality common to human beings; with rights and duties under the law. This is the person, sometimes called an individual, and often referred to in the law as a natural person, as distinguished from an artificial person (sense 3)." Of course, 'morality common to human beings' is not explained, because that would reveal to much. Again, in Shawmut Bank, N.A. vs. Valley Farms, (610A.2d652,654) it states, "For purpose of statute protecting certain property from post-judgment remedies, and therefore from prejudgment attachment, 'natural person' means 'human being', not artificial or juristic person". So, if natural person and human being are considered the same in the law, let's take a closer look at what a 'natural person' is. As you may know, all government codes, rules and regulations only attach to corporations, partnerships and natural persons. In American law, it seems that a definition of 'natural person' does not exist. To get any idea of what a natural person is, we have to go to English law. In the 17th Century, Lord Coke differentiated between 'natural persons' and 'moral persons in a community' in the following statement from his Institututes:... "we must observe, that estate is defined by the civilians, the capacity of moral persons; for, as natural persons have a certain space in which their natural existence is placed, and in which they perform their natural actions, so have persons in a community a certain state or capacity, in which they are supposed to exist, to perform their moral acts, and exercise all civil relations,"... (2 Inst. 669). With 'natural man' being the same as 'natural person', we find further evidence of exactly what a 'human being' is. From the above Random House Dictionary, page 901, " 'Natural' adj. 17. natural man: unenlightened or unregenerate." From the same Dictionary, page 1461, " 'unregenerate' 1. not regenerate; unrepentant. 2. unconvinced by or unconverted to a particular religion, sect, or movement. 4. wicked; sinful; dissolute. 5. an unregenerate person." 4

5 In conjunction with this, from The Shorter Oxford English Dictionary, 1933, 'naturalism' is defined as: 'a system of morality or religion having a purely natural basis; a view of the world, and of man's relationship to it, in which only the operation of natural, as opposed to supernatural or spiritual, laws and forces is assumed.' and 'naturalist' is defined as: 'One who follows the light of nature, as contrasted with revelation.' And, of course, the Scriptures being the final authority, confirms all of the above, at 1 Corinthians 3:14, "But the natural man receiveth not the things of the Spirit of God: for they are foolishness unto him: neither can he know them, because they are spiritually discerned." Therefore, when a Christian calls him or herself a 'human being', they are saying, "I'm an animal; I'm non-religious; I'm unrepentant: I'm wicked, sinful and dissolute; I'm able to do all things and be perfect without Jesus Christ; I'm subject to man's law, rather than God's Law." Randy Lee may be reached by telephone at (voice), (fax) The Christ's assembly at California is located near Piru, California Patrons may write to: the Christ's assembly at California general post-office Piru, California Here are a list of words with legal connotations and should rather be avoided: 1. Person a legal entity. Your ID is a person, you are a Man or a Woman Living Soul. Individual an indivisible entity, meaning you and your ID are one. Child a person under the age of majority, meaning a minor legal entity. 2. Parent - 1. The lawful father or mother of someone. In ordinary usage, the term denotes more than responsibility for conception and birth. The term commonly includes (1) either the natural father or the natural mother of a child, (2) the adoptive father or adoptive mother of a child, (3) a child's putative blood parent who has expressly acknowledged paternity, and (4) an individual or agency whose status as guardian has been established by judicial decree. In law, parental status based on any criterion may be terminated by judicial decree. In other words, a person ceases to be a legal parent if that person's status as a parent has been terminated in a legal proceeding. Also termed legal parent. 3. Father - A male parent. See PARENT. 4. Legal 5

6 Rather use: 1. biological father -The man whose sperm impregnated the child's biological mother. Also termed natural father; birth father; genetic father. 2. Lawful - adj. Not contrary to law; permitted by law <the police officer conducted a lawful search of the premises>. See LEGAL. Autograph vs Signature From Black s Law Dictionary (8 th edition) SIGNATURE signature. 1. A person's name or mark written by that person or at the person's direction. Also termed sign manual. [Cases: Signatures 1 5.C.J.S. Signatures 1 16.] 2.Commercial law. Any name, mark, or writing used with the intention of authenticating a document. UCC 1-201(b)(37), 3-401(b). Also termed legal signature. [Cases: Sales 29. C.J.S. Sales 76.] The signature to a memorandum may be any symbol made or adopted with an intention, actual or apparent, to authenticate the writing as that of the signer. Restatement (Second) of Contracts 134 (1979). SIGN MANUAL sign manual. 1.SIGNATURE(1).2. A symbol or emblem, such as a trademark, representing words or an idea. ~. ~ From The freedictionary: Signature - A mark or sign made by an individual on an instrument or document to signify knowledge, approval, acceptance, or obligation. The term signature is generally understood to mean the signing of a written document with one's own hand. However, it is not critical that a signature actually be written by hand for it to be legally valid. It may, for example, be typewritten, engraved, or stamped. The purpose of a signature is to authenticate a writing, or provide notice of its source, and to bind the individual signing the writing by the provisions contained in the document. Because a signature can obligate a party to terms of a contract or verify that the person intended to make a last will and testament, the law has developed rules that govern what constitutes a legally valid signature. The Internet and other forms of telecommunication have created the need to transact legally binding agreements electronically. Almost all states have passed laws that recognize the validity of "digital signatures." Take note: A signature obligates a party to a contract! 6

7 ~. ~ A legal signature can be anything at all and does not have to be legible. As long as you sign all your legal documents in the same general manner, it is binding in a court of law. An autograph on the other hand, must be legible enough to satisfy your fans and it should not be confused with your signature. As a case in point, a fan may hand you a pretty document and in your rush to get to an appointment, you might just scribble your name. If you autograph it as if it were a book jacket, that shows you were there in your celebrity persona. If that document happens to be an agent agreement or power-of-attorney contract, it can easily be argued that you did not legally sign it. On the other hand, if you use the same signature for both legal documents and fan collectibles, you may one day find yourself in a tight spot. Consider as well, that an autograph should be fairly quick and easy to create. That is why an aspiring author should practice it regularly. After all, once you re famous, you ll find yourself facing a horde of adoring fans at the next convention and won t have time to think about it. Further Explanation Article 6 of the Universal Declaration of Human Rights and Article 16, International Covenant on Civil and Political Rights state: Everyone has the right to recognition everywhere as a person before the law. I had thought that any right meant that we have the option; e.g.: we could opt to recognition as a person, or opt to NOT to be recognized as a person. It is our job to rebut their presumptions or have them prove their assumptions. When we declare or write, All Rights Reserved, we are opting to recognition as a Person, i.e.: a legal fiction, as that is one of our rights. So, unless we WAIVE that particular right, they presume and assume that we have NOT waived it and that we want to be recognized as a person, before the law! This the sole cause of all our problems. 7

8 The International Bill of Human Rights (IBHR) is made up of three main documents, the Universal Declaration of Human Rights (UDHR), the International Covenant on Economic, Social and Cultural Rights (ICESCR), and the International Covenant on Civil and Political Rights (ICCPR). In these documents are our human rights which we can opt to assert or waive. If we have a right to recognition as a person, then a person must be something that we are NOT. We put the government on Lawful Notice and either assert or waive our intrinsic natural and human rights according to our will. Then, we will be free and we will also be able to access our birth-right our dominion over all the earth and every living thing upon it. (If you want the Declaration, lovelaughlearn22@gmail.com) This notice will be served on many government officials and it ought to remove us from all court cases (except Civil Court cases), which are all administrative, i.e.: offers of contract, and involve only Persons. I suspect this will be the answer to all problems involving a legal fiction coming against us, whom they presume to be legal fictions, until we say otherwise, lawfully, prior to a court date, in a Lawful Notice. It seems the entire game is all about status and, again, if we let them know who we are NOT, we ll fare much better than if we allow their presumptions to stand unrebutted, as we are presumed to have contracted with the State or its Courts. This Declaration is extensive in that it mentions our rights which public servants have sworn to uphold and protect. Their failure to do so is Human Rights Violations and they can be charged, as long as we have waived our right to recognition as a person. In addition, the NAME is REGISTERED STATE PROPERTY and is only what the PERSON is called. We can BE neither NAME nor PERSON, but by admitting to, or acting as, the ALL CAPITAL NAMES, we are circuitously, unwittingly, (CCC 19) committing the crime of personation (CCC 403) and presumptively admitting to BEING a person a legal fiction to which all codes, rules, regulations, statutes, 8

9 ordinances, by-laws, acts, bills, legislations, constitutions, treaties, policies, charters (aka law ) apply. In any court matter involving an offence under an alleged law, all of which apply exclusively to persons, we must prepare an Affidavit or a Lawful Declaration, in writing, serving it on all parties, which makes perfectly clear our waiving our human right to recognition everywhere as a person before the law. This document should be placed in the court file before the matter comes before the court. Then, the court is aware of our waiver of certain of our human rights (again, a right is a choice, otherwise, it is not a right; it is a compulsion). When we appear in court and the matter is called, we ought to say that I am here by special appearance to correct a mistake. The Crown appears to believe that I am the party charged and that I am recognized everywhere as a person before the law. This is a mistake and the only reason I am here is to correct it. If judges do not simply dismiss the charges, then, likely, they will threaten us, in order that we give them the name; but we MUST NOT acquiesce. We now know they are trying to get us to make joinder with the legal name which, if we did, we would be, essentially, expressing our desire to reverse our decision of having waived our human right to recognition everywhere as a person before the law. We could respond by saying, my name is not registered and it is my private property; so, unless you can show me a law which requires me to give you my private property, then I refuse your offer to contract. The Surname belongs to the Crown and the given names belong to us, but when they put both given and surname together, it creates the name they use in order to trick us into submitting to their jurisdiction. If the judge continues to insist that we provide the court with our name, we could say, I am sorry, but you have not provided me with any proof that I am under any legal obligation to provide you with my private property, but I am curious about why you require it, since my only purpose here today is to assist the court by correcting a 9

10 mistake. Is the reason you want my name so you can make joinder between me, a man, and your legal name, so you can deem me a person before the law, in order to give you jurisdiction to administer your Statutes and Acts against me? This really ought to end it. The court cannot possibly find us in contempt of court since we have simply asked a question that the court is apparently not prepared to answer and, if they fail to answer after our asking three times, we can give an answer for them. Your laws apply only to persons, not to Man. When we successfully avoid giving the court our private property (given names), combined with the waiver of our human right to recognition as a person, we have circumvented their game of deceit and trickery and established that we are NOT a legal person. They have no jurisdiction over Man and they have no legal right to execute their Law against us. All legal fictions, such as government, lawyers, CRA agents, etc. are our servants, not our authorities. 10