The Tender For Law

Volume 1

Feb 25, 2013 9:41 PM

Derek Moran

"ALL RIIIIIIIIISE.. the Court is now in-session, the we'll-see-if-he's-Honourable-or-not-Derek-Moran presiding, you may all sit the fuck down........the Court calls one SCOTT-we're-assuming-he-knows-nothing-actually-about-the-law v. legal system-and-has-no-idea-whats-really-going-on-DUNCAN to the stand..state your NAME and ADDRESS, just plead guilty, be a good-little-boy and promise to pay the fine, then fuck off and go home..."

*piss-ant-in-the-court's-eyes SCOTT DUNCAN, responds..."

Read Comments

Scott Duncan

What an AWESOME Invitation, HOW CAN I REFUSE!

...although your honour, I am only here to clear up this matter in which I may have security interests.

I am unclear as to why and I do not understand the NATURE and CAUSE of these proceedings. As that is the case, I respectfully inform the court that...

barring the court's objection, of course...

I am reserving all rights. Are there objections from the court?

Scott Duncan

Objection to the term mister. Have I lead you to believe I am a public servant? If that is so, then that would be a mistake. Forgive me.

Now as to my reservation of rights. You have objected, and I NEED TO KNOW who you are. WHO ARE YOU?

Scott Duncan

As you persist in addressing me as a subordinate, I am going to ask you to recuse yourself. As you have clearly overstepped your authorised role, and claimed authority without identifying yourself, would you please recuse yourself now?

Russ Rawlingson

So if you get the Justice to admit representing the crown and your adversery is the crown it then becomes clear "conflict of interest" and leads to recusal or even dismissal as there is no way to proceed. Is this where your going with "WHO ARE YOU?" Scott Duncan ?

Derek Moran

As you persist in addressing me as a subordinate, I am going to ask you to recuse yourself. As you have clearly overstepped your authorised role, and claimed authority without identifying yourself, would you please recuse yourself now?

Scott Duncan

No chris, they don't. They stopped thinking.

I never stop. The data acquired when studying law + NO BELIEF + Computer Science, makes these things as obvious as day. It stops being a "growth process", and it grows itself.

Russ Rawlingson

Last time I was in Majestrates (provincial) I refused to stand as they entered. Right off the bat he was screaming at me. I had worded my response so as not to create controversy and risk 'contempt'. I said "I'm happy to stand up upon reciept of proof of claim that you have authority over me." This went down before the name game. They all walked out. They came back and all sat down. Addressed me as "Mr Rawlingson" I said "There is no Mr Rawlingson here, Mr Rawlingson is on the clerk's desk" (whilst out the room I passed my BC to the usher to give the clerk.) I now realise this was a big mistake but it did lead to a very interesting hearing where I got to have my say, my way. Ripped 3 cops storys apart, exploded the evidence and still got a guilty. Better luck next time eh.

Derek Moran

ok- so theres 2 questions you can keep rotating between asking the Justice/ADMINISTRATOR, "By what authority do you DARE address me a MISTER?"...and..."BY WHAT AUTHOURITY DOES A LEGAL FICTION administer MY estate?"......?

Russ Rawlingson

Its one of those moments when you gotta leave the "awkward" bit of the "Awkward Silenece" to the other side. It's the time not to go painting yourself into a corner. Just let them try and bumble forward. Then in response ask them again "Who are you?"

Chad Brodgesell

crap, "WHO ARE YOU?" to the JP/Judge whoever, Just means I am not accepting YOU until YOU QUALIFY yourself TO ME, and IF there is any business between us then we will proceed but until then YOU have NO STANDING with ME.

crap

Pete Daoust

An informal record, in the form of a brief written note or outline, of a particular legal transaction or document for the purpose of aiding the parties in remembering particular points or for future reference.

A memorandum may be used in court to prove that a particular contract was made. For instance, in a real estate transaction, a memorandum can be used to show that the parties to a sale have entered into an agreement to sell a particular parcel at an indicated price, in addition to other details of the agreement. This type of memorandum is also referred to as a binder.

An attorney might use a memorandum to explain and summarize a specific point of law for a judge or for another attorney.

A memorandum decision is a written decision, issued by a court, which reports the ruling, and the decisions and orders of the court. It does not, however, contain an opinion, which is an explanation of the rationale upon which the decision was based.

Kelleran Holman

MOU is like a contract, but it does not have to carry the same legal weight. If the wordings used in the MOU are vague and unclear and do not create any binding effect, then the same cannot be enforced. It does not create a valid contract. But if one party do anything on reliance of MOU and sustains any loss he can recover back losses but cannot get enforce the MOU. Both Parties of MOU are bind by estoppel and any of them cannot take adverse stand.

A memorandum of understanding is an agreement between two parties in the form of a legal document. It is not fully binding in the way that a contract is, but it is stronger and more formal than a traditional gentleman's agreement. Sometimes, a memorandum of understanding is used as a synonym for a letter of intent, particularly in private law. A letter of intent expresses an interest in performing a service or taking part in an activity, but does not legally obligate either party.

While, Agreement contains proposal and its acceptance and intention of parties is to bind each other with the terms of agreement. It is intention of parties that if any one violet the terms other will go to court and get it enforced.

Read more: Memorandum of understanding | Law Teacher http://www.lawteacher.net/contract-law/essays/memorandum-of-understanding.php#ixzz2LxIJ78fk Follow us: @lawteachernet on Twitter | LawTeacherNet on Facebook

Russ Rawlingson

I been using "No Contract, Return to Sender" on the outside of envelopes for more than 2 years. At least 3 speed camera and two traffic signal tickets and one summons. All these have gone away. One Police deptartment wrote back with a threat letter which they also got back "No Contract" The best thing is our post office bag up resealed envelopes and charge about �3.00 to deliver them back CASH on DELIVERY so imagine the Tea & Biscuit Fund Tin gets robbed everytime Hahahaha

Chad Brodgesell

If I did not create the "CHAD BRODGESELL" person/trust I can not Administer it, I am the beneficiary of it and the Prosecutor is the Trustee unless I let the Prosecutor CONVINCE me otherwise.

Sry, thinking outloud.

Russ Rawlingson

Derek. No I don't. I open the letter, if I don't like what I read I stuff it back in the envelope, seal it back up with clear tape. Mark it NCRTS and shove it in the nearest postbox.. No Stamp Required. Post office then stick it in an opaque bag, seal it and adress it and collect coin for delivering it. Another point not well known is that if your dealing with any form of government you can write OHMS (On Her Majestys Service) on your letter and it will go first class post for free. Probably work in Canada too?????

Russ Rawlingson

The summons I sent back was for telling a Train Ticket collecter to fuck off. He kicked me awake on the train. Anyway I'd read about a summons being an invitaion and that the reason you get arrested for failure to appear is that you tacitly agree to appear if you don't respond. So I thought I'd give my usual response and it worked. No warrent out for my arrest since I sent back the summons in 2010.

Derek Moran

Thanks Russ- just got a Property Tax Account STATEMENT from the city, usually mark-up the actual STATEMENT, hand-deliver it back to them, get them to stamp MY photocopy of it they are in receipt of it, but..costs 6 bucks bus-fare to do that, and ive been doing that ALOT recently..gonna try your way

Russ Rawlingson

Hey no Derek I would say that your way is better, As is using Recorded Delivery. The thing is with traffic tickets over here is that it massivly fucks with their Process. To get you into court they first have to get you to accept the documents,

Derek Moran

What im TRYING to encourage my dad to do, is to fill-out the bill-payment-remittance attached to the Property Tax Account STATEMENT, fill-in the empty 'Amount-box'.. print ACCEPT at the top like Crawford and Falconbridge's Bills of Exchange book apparently instructs for a bill-payment-remittance.. sign-it with his Signature, then mail it back in registered-mail

Adam Thomas

Derek Moran. B4 ye do the BOE theres more ye need to know otherwise they'll charge ye with passing on a dud checque. Research more mate. Quite a few bits you've left out. Where's the STAMP DUTY & VALUABLE CONSIDERATION?

Derek Moran

WOW- i have to share this..this is the question i asked of the NDP MPP Attorney General critics office: "I was wondering; as the NDP Attorney General-critic, are there any de jure courts left in Ontario, and where are they located?"

AND, this is the answer i just received: "Derek, Essentially all courts in Ontario are de jure courts, or law abiding courts. Is there a particular issue or story you would like to share with our office?"

..problem solved everyone- and remember who did it for you! ;)

Mick Parker

thought i'd share todays appearance here in Ireland, its bad footage but enough to convince you of a complete departure from even the colour of law. Scott has referred to this particular region as ground zero ;) http://www.youtube.com/watch?v=S9T7N5PkBrY&feature=youtu.be

Derek Moran

"You're talking to an empty court dude."..... so even though the court might be packed with people, once you've asked the Judge to recuse himself, how does that render as you said- "You're talking to an empty court dude," for the court to suddenly become EMPTY? :/

Mick Parker

cheers, i get what you say, no identity, no authority essentially no one there.i should explain that the plea had not even been entered while i was present,the pleading should have been attempted today but he decided to skip that. his mind was already very much made up before i set foot in the court... despite law & reason, who were noticeably absent.

Mick Parker

.....there was no attempt to even give the colour of law in any description, just a railroading which is a sad reflection on us & how comfortable they feel, we have more on our plate than arguing lawful procedure, they've clearly abandoned it ... lets see ;)

Mick Parker

left my affidavit to the AG on the clerks desk & no authority without liability is a maxim.so far everybody has refused to identify themselves i have refused no details just ask for their id & they failed to satisfy me.the witness's went unchallenged in "their" story because i wasn't going to be drawn into arguing the points.

Derek Moran

Unbelievably, this is what a friend from high-school just said to me :

"interesting. but I believe that I the only way I can be free is to submit to authority. If I do not, then I become a slave to my own will."

Derek Moran

"...does the Judge have ANY authority to act as Admiral?"....Scott Duncan: "Yes... when NOBODY ELSE IS THERE."........ why does there need to be nobody else there in the courtroom first in order for him to have the authority to act as an ADMIRAL?

Scott Duncan

In law, it often means "in practice but not necessarily ordained by law" or "in practice or actuality, but not officially established." - Seriously, it boggles my mind that these VERY simple things elude you people.

Stuart Stone

Black's 6th: De facto government. One that maintains itself by a display of force against the will of the rightful legal government and is successful, at least temporarily, in overturning the institutions of the rightful legal government by setting up its own in lieu thereof.

De facto judge. A judge who functions under color of authority but whose authority is defective in some procedural form.

De jure: Descriptive of a condition in which there has been total compliance with all requirements of law. Of right; legitimate; lawful; by right and just title. In this sense it is the contrary of de facto (q. v.). It may also be contrasted with de gratia, in which case it means "as a matter of right," as de gratia means "by grace or favor."

So, from what Derek Moran was informed:'"Derek, Essentially all courts in Ontario are de jure courts, or law abiding courts.", means that when I become recognised as a belligerent, the court then becomes a de jure court?

Stuart Stone

Title. A mark, style, or designation; a distinctive appellation; the name by which anything is known. Thus, in the law of persons, a title is an appellation of dignity or distinction, a name denoting the social rank of the person bearing it; as "duke" or "count."

Clear title, good title, merchantable title, marketable title, are synonymous; "clear title" meaning that the land is free from incumbrances, "good title" being one free from litigation, palpable defects, and grave doubts, comprising both legal and equitable titles and fairly deducible of record.

'Comprising both legal and equitable titles and fairly deducible of record.'

Equitable title. A right in the party to whom it belongs to have the legal title transferred to him; or the beneficial interest of one person whom equity regards as the real owner, although the legal title is vested in another.

Legal title. One cognizable or enforceable in a court of law, or one which is complete and perfect so far as regards the apparent right of ownership and possession, but which carries no beneficial interest in the property, another person being equitably entitled thereto; in either case, the antithesis of "equitable title."

As holder in due course of the bill of lading, does that confer 'legal title', while liening the name secures 'equitable title'...help guys, please...

Wayne Brown

Adam, the mere mention of section 514 of the Cwth Criminal Code ( Personage ) results in the "Bitch" screaming from the box.

"YOU CANT SAY THAT IN HERE .. DON'T SAY THAT IN HERE " .. " THIS IS A QUASI CRIMINAL COURT"

Derek Moran

*Scott Duncan to Judge Moran* "Oh- and by the way, anybody in this courtroom who considers me to be a person, and is planning on getting me through coercion to BE a person, will be committing Fraud. Do i hear any Objections from the court?"..... dont know if that 'jives' exactly, but that just came to me :)

Derek Moran

164. Fair hearing

(4) Without limiting the generality of subsection (3), that subsection does not preserve the validity of the proceeding if the failure to comply with the agreement results in PREJUDICE to the DEFENDANT'S RIGHT to a FAIR HEARING.

http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90p33_e.htm#BK207

Derek Moran

AMICUS CURIAE (Lat. for �a friend of the court�), a term used primarily in law, signifying a person (usually a member of the BAR) who, having special knowledge but NOT being engaged in the suit, intervenes during its hearing to give information for the assistance of the court, either upon some fact relevant to the issue or upon a point of law, such as the hearing of a local custom, the precedent of some decided case

http://en.wikisource.org/wiki/1911_Encyclop%C3%A6dia_Britannica/Amicus_Curiae

Anibal Jose Baez

No Adam, you and the rest are not invisible. But my "likes" and thanks always go to comments that have a lot of VALUE to ME. It happens to be that in this particular thread, the taken names mentioned offered me great VALUE for practically nothing in exchange, other than my gratitude. But, Adam, you may feel free to fill a "Am I fuckin invisible?" Report for further details. <3 Jusk a joke. ;)

Philip Laforet

Saw it I thought it was in fun. The one thing I have noticed with the cops crowns etc, they are so fucking arrogant, especially for public servants, whom I now just refer to as trustees, better title when I sue for CRIMINAL BREACH OF TRUST!! Nes pas?

Mick Parker

1. Exceeding a fixed, prescribed, or standard number; extra. 2. Exceeding the required or desired number or amount; superfluous. See Synonyms at superfluous. n. pl. su�per�nu�mer�ar�ies 1. One that is in excess of the regular, necessary, or usual number. 2. An actor without a speaking part, as one who appears in a crowd scene.

Derek Moran

"Justice = Tendered Government Contractor"..... if this ultimately is the case, then, wouldnt EVERYTHING going-on in a courtroom be grounds for RECUSAL RULES on the basis of there is a permanently-inherent CONFLICT-OF-INTEREST going-on at all times? :/

J.c. Of-the Family-Pearson

no separation of powers is right........http://14adistrictcourt.org/judges/tabbey this is the prick giving me a hard time, the smart guy he is, was appointed to his lowly district court position; by whom it doesn't say. A news article says after his appointment he was elected to the chief bench position by the people.

J.c. Of-the Family-Pearson

oh and more strange brew brewing...while leaving county jail friday morning the pencil pushing administrative deputy deliberately lied to me about the date of the next hearing, he said, do you know you have court the 25 of April? I said is it really? he said yes. I knew court was the 22nd, so yesterday I called the court and the clerk said no hearing is schedule for case No. ______ today and I said are you sure with her on speaker so my witnesses could hear and she said no. I didn't believe them so I went to get the Register of Actions for the case No._____ and sure enough DEFENDANT FAILED TO APPEAR/BENCH WARRANT ISSUED/WARRANT REJECTED BY MICHIGAN STATE POLICE "LEIN" Law Enforcement Information Network. This is crazy they lied, they entered I failed to appear but the warrant was rejected from entering the police computers so when the Legal Name is ran it doesn't show in the system valid as of now, maybe it will be accepted at a later date but this time my bond is ten percent of 10,000.00 (1,000) if i dont pay i stay put lol.

Eamonn O Brien

supernumerary judges or magistrates.- (Wikipedia)

These are judges who have retired from their full time position on a court, but continue to work on a part-time basis. Generally, when a judge becomes supernumerary a vacancy is created, and the appropriate person or body may subsequently make a new appointment to that Court...

"Judges for hire" (via contract) more or less...

S�il Eile Scott

J.c. Of-the Family-Pearson

oh and the county district court clerks or assistant deputy clerks wont give up there last name!!!! I asked what is your name and they said we don't use our last name!! this is illegal I said you work for the public do you not ? she said yes, then I said you have and obligation to the people and we must know who you are.

Mick Parker

i think thats how they would like to explain it away Eamonn, my understanding of what scott was getting at was the disparity of how a "real" judge is Authorised for the position through election by the people & the states politically appointed "colour" of impartiality (justice)puppet. At the moment here there is great debate about the seperation of powers (govt/judiciary) but they are blowing smoke up our holes because the reality is there is none.

Mick Parker

J.c. I'm not sure if it's a maxim i read relating to this or case law i read......where no one is entitled to info from you that you are not entitled from them, sorry for being vague dude give me a bit to remember & i'll confirm

J.c. Of-the Family-Pearson

no i said lol in my head haha, they gave me there first names so with snooping around I should get it out of someone and the court administrator might give them to me or the circuit court recorder; the bonds are supposed to be there. I will do some snooping around.

Mick Parker

i've used commercial affidavits(defaulted) in the high court to remove summary jurisdiction, we're waiting to see to see if they have the balls to enter common law, they've asked us to file a defence, basically asking us to show our hand before they bet against us :p we sent a lien to ceo of an electrical company who had filed a frivilous & vexatious case, he supplied remedy & withdrew his claim. have'nt figured out the filing bit yet but the threat that i may know has done the trick :)

Mick Parker

we're all coming from different backgrounds/experiences, as long as we are under our own steam following our own logic we can learn. one case was high court summary & the other district summary, theres much more colour of law outside the tort cases in "criminal".

Philip Laforet

I can't believe how much these people lie!! It is a disgrace, I'm certain a few liens on crown attorney's licenses would sharpen them up. In Ontario it's only $28.00 and $8.00 a year after that. It is simple trough PPSA. Could be even cheaper in other Provinces! Get 'em!!

Derek Moran

6 people have 'Liked' this comment so far, Scott..would you concur with this observation?

"Justice = Tendered Government Contractor"..... if this ultimately is the case, then, wouldnt EVERYTHING going-on in a courtroom be grounds for RECUSAL RULES on the basis of there is a permanently-inherent CONFLICT-OF-INTEREST going-on at all times? > (that basis being your adversary is most likely a BAR-member, the same as the presumed fair-and-impartial Judge/JP is a BAR-member, also)

Mo Chara Do Chara

I was in a summary court for driving and when I gave the court my NOM he told me he didn't want anything of me only my insurance details and drivers licence I asked have you read my NOM he said he didn't want any of that just my licence and insurance I said if you refuse my facts ill put it all in an affidavit that you refused my facts he put it back to another date and told me his court doesn't deal with affidavits?

Anibal Jose Baez

Mo: Your SURETY, your conduct has caused me to reasonably believe that you have formed a biased position as regards this matter, and could serve to damage my interests. As I may have SECURITY INTEREST in this matter, and YOU are evidently legally incompetent to do your job, would YOU please RECUSE yourself now?

Mo Chara Do Chara

I wanted to send in my NOM by register mail but the garda only came to me just before my date in court to give me my summons so it wouldn't have been in on time all I kept saying was I don't understand the nature and cause of these proceedings until my questions on the NOM have answered I asked by what authority do you address me as a YOU he told me to go get some legal advise before he should me by what authority he`d show me

Stuart Stone

I think Scott's point is to continually answer them with a question, thus negating understanding & surety:

eg: Why would I want to do that? Are you offering me legal advice? By what authority are you offering me legal advice? Are you attempting to make me surety in this matter? What evidence do you have that I could be such a thing as surety in this matter? How can I possibly assist the court if I'm not able to establish the facts of the matter? etc etc...ad infinitum

and the favourite: Who ARE YOU?

Scott Duncan

If a Wal-Mart manager suddenly kidnapped you, and dragged you into Wal-Mart for an "Employee Disciplinary Hearing", would you be responding the same way?

NO!

You'd be screaming that you are being kidnapped, and point out that you DON'T EVEN WORK FOR WAL-MART. You would NOT engage in the idiotic dialog you just described here.

Pete Daoust

If ever I end up in court by force....I know EXACTLY what to do :D

First thing I'll say: Hey, what do you want from me, a ransom or something ?

And then, Oh, you need some cash to pay for these big steaks you eat every night, so you want to fuck around with some surety here...ha ha....I see what you want....

I know you guys may say, yeah yeah pete, wait until you are in a real bunker.....

I SWEAR ON ALL MY KIDS I will say this, because it's the fucking truth.....that's why :P

Tell the truth when you are brought in there with force......just say the truth and ask these questions....

Hey.....where I am now ? And who are you ?

Maddog Wonfeyeve

Hey Scott Duncan; Love this group and the wealth of information here is of incredible value IMO. But I have a couple questions with regards to things I am still a little unclear on. 1. If I reserve all rights and say "Barring any objection from the court", does that statement not mean that the court cannot object, as it has been barred from doing so? 2. If one needs only to operate in USD to satisfy the UCC; does this not mean that Canada has satisfied the UCC by trading oil in the world market?( Oil is traded internationally in USD according to world reserve currency) 3. If I am in Court, and by using these methods I get the "Justice" to get up and walk out; does this not make me of the highest authority in the room; and give me the ability to dismiss the case myself and have the record reflect that? 4. In asking the "Justice" "who are you?"; what would be the answer I would need from them that would prove they were a Crown Court Justice(appointed by the Crown, to which they have sworn an oath of service); thereby creating the grounds for recusal based on an obvious and ongoing conflict of interest? Thank you again for your time and information; you are most certainly a bright light at the end of what seems to me to be a very long and dark tunnel; a tunnel leading out of the "concentration camp" we all call CANADA... ;)

Scott Duncan

"... and give me the ability to dismiss the case myself and have the record reflect that?" - Too much Free-Dumb movement crap. You aren't in the club. Why do you think you suddenly have rank in the club?

If Wal-Mart kidnapped you... Fuck. Do I REALLY need to continue? Are you REALLY all that thick?

Maddog Wonfeyeve

So,if I have this right then, this backs my failure to understand not only the charge; but why I am even there in the first place. So unless the justice tells me they are justice so and so; there is no reason for me to be there; and if they do tell me they are justice so and so; the recusal rule enters into effect due to conflict of interest.

Maddog Wonfeyeve

Sorry to bug you again Scott Duncan; but by not answering my question about the UCC(Jurisdiction); does this mean you are unsure, or that the answer to my question is way too obvious, and I should know this by now? I realize your frustration with all of us asking you to "beat the dead horse" in so many cases on here; so I am hoping that you just missed answering it for some other reason. ;)

Anibal Jose Baez

I had read this thread at least 6 to 8 times. I read it again today, and I it's like I hadn't read it before. I can say for the first time, I get this whole thread, and it's comments. Awesome thread, Admiral. :)