Scott Duncan

Mar 11, 2013 7:40 PM
Well shit. This group practically writes itself! GOOD TOPIC!


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Derek Moran

Mar 11, 2013 7:43 PM
The operative-phrase of this post is self-explanatory: "...the procedure and grounds by which a judge may be challenged and removed from hearing a case."


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Derek Moran

Mar 11, 2013 7:45 PM
Then, they follow that up with THE GROUNDS for the RECUSAL of a judge: "...The GROUNDS for disqualification traditionally include great friendship or enmity with a party, close kinship to a party, acceptance of a bribe, previously giving counsel to a party, or demonstrated ignorance of the law."


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Scott Duncan

Mar 11, 2013 7:45 PM
"Would you like to recuse yourself"? - This always works :D This actually claims your rights, and turfs the Justice. ;)


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Scott Duncan

Mar 11, 2013 7:46 PM
Read that as...BECAUSE I FUCKING SAID SO! :D


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Derek Moran

Mar 11, 2013 7:49 PM
On top of that, i see a recurring-theme in these definitions of the words/terms- "...conflict-of-interest...prejudice...(and id assume and/or presume BIAS exhibited, would be acceptable too)..."


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Derek Moran

Mar 11, 2013 8:00 PM
What ive learned from you Scott, is that much like comedy- timing is also everything in Law/being-in-court. Goes without saying you would NOT want to RECUSE a Judge who is actually acting IMPARTIAL. But, if he ISNT being IMPARTIAL towards you, how soon/quick/at-which-point, do you pull the "Would you like to recuse yourself"?-trigger...?


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Scott Duncan

Mar 11, 2013 8:11 PM
The second you suspect it; "Your Honour 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. Would you please recuse yourself"? (Note: ending that question with "..you sanctimonious, worthless parasitic bitch"? ...is optional.)


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Derek Moran

Mar 11, 2013 8:14 PM
Do you have to call-out- "Point-of-Order" first, before you say that?


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Scott Duncan

Mar 11, 2013 8:16 PM
No. In fact this would fall under OBJECTION. You OBJECT to a sanctimonious, worthless parasitic bitch ruling on the matter. POINT OF ORDER serves to POINT out an error and/or MISTAKE.


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Derek Moran

Mar 11, 2013 8:21 PM
So the more formal way of phrasing this then would be- "Objection...(and then what you wrote a couple posts up)...Your Honour, 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. Would you please recuse yourself?"..... ? "/


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Eamonn O Brien

Mar 11, 2013 8:23 PM
"I wish for you to recuse yourself"... How would that go down?


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Derek Moran

Mar 11, 2013 8:30 PM
at minute 32:00, is where Dean starts explaining how he asked/told the judge to "recuse himself": http://www.blogtalkradio.com/globalfactradio/2013/03/05/how-to-with-dean-clifford-ep12-dean-tells-all


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Derek Moran

Mar 11, 2013 8:37 PM
You have mentioned before NOT to MOTION to/with the court, as you are unwittingly consenting to their jurisdiction, Scott?


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Scott Duncan

Mar 11, 2013 8:39 PM
YES! Martin Sutton almost did that. Darren the cop was all for it. If Darren the cop says it, you probably should try figure out why you shouldn't... RIGHT MARTIN? :P


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Derek Moran

Mar 11, 2013 8:40 PM
As i am typing this, i am listening to the portion of the show where Dean describes RECUSING the judge. Was it uneccessary then for Dean, to MOTION for the judge to recuse himself, as in he didnt even need to bother with doing that to begin with? :/


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Eamonn O Brien

Mar 11, 2013 8:41 PM
If a writ is an order of the court on behalf of one party to the other how do you file for the court to issue one? Am I understanding it properly even...?


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Scott Duncan

Mar 11, 2013 8:41 PM
Praecipe.


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Derek Moran

Mar 11, 2013 8:44 PM
So going into court and right-off-the-bat saying to the judge- "I MOTION for you to Strike/I MOTION for you to Quash this matter" = BAD, because you are consenting to their jurisdiction unwittingly


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Eamonn O Brien

Mar 11, 2013 8:45 PM
1. At common law, a writ ordering a defendant to do some act or to explain why inaction is appropriate. - Also termed writ of praecipe. 2. A written motion or request seeking some court action, esp. a trial setting or an entry of judgment... So praecipe is a request for the court to issue a writ...?


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Scott Duncan

Mar 11, 2013 8:46 PM
YES, and it's a DEMAND. Praecipe= ORDER FROM THE KING


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Eamonn O Brien

Mar 11, 2013 8:47 PM
Black's says "order of the court"... That's where I got a bit mislead...


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Scott Duncan

Mar 11, 2013 8:47 PM
Blacks (in some editions) says you are a "Monster" too.


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Pete Daoust

Mar 11, 2013 8:48 PM
[Latin, Give an order.] An original writ, one of the forms of legal process used to commence an action. A praecipe was drawn up in the alternative and commanded the defendant to do what was ordered or to appear and show why he or she had not done it. An order that commands the clerk of a court to issue a formal writ of execution directing the enforcement of a judgment already rendered and commanding a public officer to seize the defendant's property in order to satisfy the debt.


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Daniel J Wentz

Mar 11, 2013 8:53 PM
Scott wrote Praecipe's in yhe 90's that fucked a LOT of people up. He IS the best source for this.


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Scott Duncan

Mar 11, 2013 8:54 PM
...Yes.


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Derek Moran

Mar 11, 2013 8:54 PM
The RIGHT WAY would be to say- "Your Honour, i PRAECIPE for you to Strike/ I PRAECIPE for you to Quash this matter"- is the way we SHOULD be phrasing these statements (instead of using the term "MOTION"), but is the way THEY would prefer us NEVER find out about?


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Scott Duncan

Mar 11, 2013 8:54 PM
No.


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Scott Duncan

Mar 11, 2013 8:55 PM
Praecipe is WRITTEN, because it's LAW, and the WHOLE PURPOSE is to NOT be in a court!


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Derek Moran

Mar 11, 2013 8:56 PM
If Praecipe= ORDER FROM THE KING... what does MOTION equal?


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Scott Duncan

Mar 11, 2013 8:57 PM
FROM WIKIFUCKINGPEDIA! "In Canada it is used in place of a notice of motion as an application for a desk order that is granted in the court registry without a hearing before a judge". ...oh Derek, you miss the little things...LIKE NOT GOING TO FUCKING COURT!


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Pete Daoust

Mar 11, 2013 8:57 PM
beggin from a slave


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Derek Moran

Mar 11, 2013 9:00 PM
"...oh Derek, you miss the little things...LIKE NOT GOING TO FUCKING COURT!"..... no argument here. I just lack experience. Ummm..when will you be showcasing your talents in a courtroom again next? ;)


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Daniel J Wentz

Mar 11, 2013 9:12 PM
Oh crap. Scott's makeing a drone army I see. Oh well. I hear AQUILAE trustees always end up doing pretty well for themselves, so no worries. Things must be going to shit if `Liz has let you off her leash, Scott Duncan!


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Pete Daoust

Mar 11, 2013 9:20 PM
I'm Pete and/or Peter and/or Pierre and/or Babe (I reserve this one for my wife) I'm also Dad (I reserve this one for my children) and/or BELLIGERENT and I'm the LAWFUL HOLDER IN DUE COURSE OF PIERRE DAOUST Social Insurance no. 26X-XXX-XXX, Inscription No.119XXXXXXXX I�m the SOLE beneficiary of PIERRE DAOUST I make ALL business decisions for PIERRE DAOUST And I reserve ALL RIGHTS�.all of them�yours as well Is ANYONE have any objections ?????


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Scott Duncan

Mar 11, 2013 9:21 PM
Pierre, when someone addresses you as "SIR" you are being addressed from a subordinate. ALL my trustees in a duty capacity MUST call me "sir". Ever notice that when a COP doesn't know your name he calls you SIR, and when they HAVE your name they Call you "MISTER Daust"?


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Daniel J Wentz

Mar 11, 2013 9:23 PM
Only those I have fealty to, may call me "Mister Wenttz"


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Derek Moran

Mar 11, 2013 9:24 PM
Ok, so to review: you would NEVER verbally use the term PRAECIPE in court, in terms of say- "Your Honour, i PRAECIPE for you to Strike/Quash this matter.."..... PRAECIPE, is STRICTLY, to be used, in WRITTEN form ONLY...?


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Scott Duncan

Mar 11, 2013 9:24 PM
One HOLDS fealty. One does not HAVE it :P


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Daniel J Wentz

Mar 11, 2013 9:25 PM
Yes, sir. ;)


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Scott Duncan

Mar 11, 2013 9:27 PM
ONLY WRITTEN FORM. NOTHING ELSE.


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Scott Duncan

Mar 11, 2013 9:35 PM
Re:"what does MOTION equal?" It means, "BEND OVER AND TAKE IT DRY, BECAUSE YOU LITERALLY ASKED FOR IT! JOINDER, BABY"!


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Derek Moran

Mar 11, 2013 9:36 PM
So, to review: it was unneccessary for Dean in court on the audio, to "MOTION" for the judge to recuse himself? He needed only to OBJECT, and ASK the judge to recuse himself, using the phrasing that you wrote earlier, Scott?


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Derek Moran

Mar 11, 2013 9:38 PM
lol..and of course...the next time a judge cautions you about the consequences of MOTIONing, will be the FIRST time ? :/


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Daniel J Wentz

Mar 11, 2013 9:56 PM
If a JUSTICE cautions you about the "dangers" of MOTIONING, he's HELPING you. Judges are ELECTED, and JUSTICES are APPOINTED. [Scott-like emphisis added] Since you are in CANADA, then you should not be concerned about JUDGES, because you will never be before one.


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Scott Duncan

Mar 11, 2013 9:57 PM
...What he said.


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Daniel J Wentz

Mar 11, 2013 9:58 PM
Am I the only AQUILAE trustee with a "star of david" stitched into the uniform?


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Scott Duncan

Mar 11, 2013 9:59 PM
It's just for record-keeping.


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Derek Moran

Mar 11, 2013 10:02 PM
..so- i guess thats why then Dean couldnt figure out why the judge was not Recusing himself, because, Dean had MOTIONED for him to Recuse himself, instead of simply OBJECTING and asking the judge to Recuse himself? :/


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Scott Duncan

Mar 11, 2013 10:04 PM
Only public servants can MOTION. Even then, only as a PARTY. I would have locked him up for contempt. :P


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Daniel J Wentz

Mar 11, 2013 10:04 PM
Civil or Criminal? :P


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Scott Duncan

Mar 11, 2013 10:06 PM
Criminal. I would have witnessed FRAUD against the petitioner. Dean claimed he was not the name, but by MOTIONING he was acting as a PARTY, and was INTERFERING WITH THE LEGAL COMMERCIAL INTERESTS of the petitioner. You are either a PARTY or you are NOT. You don't get to say you are NOT a party, and than ACT as one. It's FRAUD


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Derek Moran

Mar 11, 2013 10:09 PM
"Only public servants can MOTION. Even then, only as a PARTY."...... holy fuck, where does it actually say that somewhere- where is the source-of-reference for this?..id love to see this for myself


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Daniel J Wentz

Mar 11, 2013 10:09 PM
Contempt is so easy to sidestep! He stepped IN it. The Justice saved his ass!


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Scott Duncan

Mar 11, 2013 10:12 PM
Fuck, indeed! NEVER think there are "iron-clad" methods to dodge liability. It's why I made the NOTICE OF MISTAKE for him. He didn't even acknowledge it.


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Derek Moran

Mar 11, 2013 10:14 PM
So for someone who doesnt know any better, find themselves in court, and are planning on asking the judge to STRIKE or QUASH the charge, what would they use instead of MOTION then, in the wording/phrasing of their delivery...?


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Scott Duncan

Mar 11, 2013 10:20 PM
Derek: ONTARIO ANNUAL PRACTICE has all the rules. Who else BUT a party can even APPEAR? You are trying to "prove" something you already KNOW!


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Pete Daoust

Mar 11, 2013 10:22 PM
You are either a PARTY or you are NOT. You don't get to say you are NOT a party, and than ACT as one. It's FRAUD: wow...thats solid stuff ???.....is it me or I focus on the wrong stuff..???....


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Daniel J Wentz

Mar 11, 2013 10:24 PM
Derek Moran, Only a PERSON can be a PARTY. Do you really need "proof" of this? Why do you looking for "validation from your rapist" (as Scott says)?


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Scott Duncan

Mar 11, 2013 10:26 PM
Derek Moran, you need to STOP being so obsessed with getting validation from these people.


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Daniel J Wentz

Mar 11, 2013 10:36 PM
Scott, The TYCHO BRAHE is too small, but The BRIMSPARK is big enough. SURELY the fleet has room for a Belligerant French guy. I cant imagingine that NOT being useful somehow.


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Derek Moran

Mar 12, 2013 6:58 PM
Scott AND/OR Daniel..so what you guys are saying, is nevermind finding a fancy-replacement for the term MOTION, just go ahead and straight-out TELL the judge to STRIKE and QUASH the charge?


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Eamonn O Brien

Mar 12, 2013 7:01 PM
Would saying" for and on the record I am filing a praecipe in the court wishing for the JP to dismiss the case" be considered "filing with the court"?


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Eamonn O Brien

Mar 12, 2013 7:01 PM
I'd imagine you just need to get your praecipe on record...?


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Scott Duncan

Mar 12, 2013 7:03 PM
Praecipe is never IN the court! EVER. OMG I'm sorry I ever mentioned it!


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Eamonn O Brien

Mar 12, 2013 7:08 PM
Reserve the JP's right to say anything but "How do you wish to proceed"...


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Scott Duncan

Mar 12, 2013 7:09 PM
*sigh* If you are in court RESERVE ALL RIGHTS. State that you wish the "charges" dismissed, and keep QUESTIONING!


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Eamonn O Brien

Mar 12, 2013 7:11 PM
"Point of order, I hereby reserve all rights in this court as I am the only party with standing, does the court object?"


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August le Blanc

Mar 12, 2013 7:12 PM
Watch this it explains praecipe: http://robcourtofrecord.wordpress.com/2013/01/31/video-praecipe-act-of-the-king/


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Chad Brodgesell

Mar 12, 2013 7:16 PM
""If you are in court RESERVE ALL RIGHTS. State that you wish the "charges" dismissed, and keep QUESTIONING!"" But don't MOTION and then DEMAND their claim if they have one , if not DEMAND the session to be dismissed?


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Chad Brodgesell

Mar 12, 2013 7:18 PM
So the WISH is the Living persons WILL at the moment?


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Chad Brodgesell

Mar 12, 2013 7:18 PM
But is not a motion?


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Scott Duncan

Mar 12, 2013 7:23 PM
YUP! No "understanding" involved.


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Chad Brodgesell

Mar 12, 2013 7:27 PM
By doing so this also brings out all their dificincies in the case at habd too


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Scott Duncan

Mar 12, 2013 7:27 PM
Ask for everyone's credentials. That one drives them nuts!


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Chad Brodgesell

Mar 12, 2013 7:27 PM
Is that the same as asking for their standing Scott?


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Scott Duncan

Mar 12, 2013 7:29 PM
No. That's another one :D


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Derek Moran

Mar 12, 2013 7:30 PM
*wait JUST for the moment the Judge begins talking at the start of the proceedings and then state* "Point-of-order...i RESERVE ALL RIGHTS...i WISH for the charges to be dismissed"- then, i start asking questions like this is the first-time ive ever heard about this thing called "The Law," and whatever i do, i dont Understand a FUCKING thing..pretty much, we're just disingenuously playing-dumb with them at this point? :/


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Derek Moran

Mar 12, 2013 7:32 PM
I know the 4 credentials a police officer has: badge#, business card, id-card, warrant-card..... what are the CREDENTIALS of the Court-Officers i should be asking for?


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Chad Brodgesell

Mar 12, 2013 7:34 PM
also the word 'Dismissed is not the same as Discharged. I think Dismissed is that it may brought before the court again and Discharged is that the charges actually disappear


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Pete Daoust

Mar 12, 2013 7:37 PM
dismiss v. the ruling by a judge that all or a portion (one or more of the causes of action) of the plaintiff's lawsuit is terminated (thrown out) at that point without further evidence or testimony. This judgment may be made before, during, or at the end of a trial, when the judge becomes convinced that the plaintiff has not and cannot prove his/her/its case. This can be based on the complaint not alleging a cause of action, a motion for summary judgment, plaintiff's opening statement of what will be proved, or some development in the evidence by either side which bars judgment for the plaintiff. The judge may dismiss on his own or upon motion by the defendant. The plaintiff may voluntarily dismiss a cause of action before or during trial if the case is settled, if it is not provable, or trial strategy dictates getting rid of a weak claim. A defendant may be "dismissed" from a lawsuit, meaning the suit is dropped against that party. (See: dismissal)


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Pete Daoust

Mar 12, 2013 7:37 PM
To liberate or free; to terminate or extinguish. A discharge is the act or instrument by which a contract or agreement is ended. A mortgage is discharged if it has been carried out to the full extent originally contemplated or terminated prior to total execution. Discharge also means to release, as from legal confinement in prison or the military service, or from some legal obligation such as jury duty, or the payment of debts by a person who is bankrupt. The document that indicates that an individual has been legally released from the military service is called a discharge. The performance of a duty discharges it. An attorney may speak of discharging a legal obligation


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Chris Evan

Nov 04, 2013 4:29 AM
oooooo...look what I found!


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Derek Moran

Nov 04, 2013 5:20 AM
I know for a fact this was at the very bottom of this ocean...how long did it take you Chris to scroll-down the page to get it?


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Anibal Jose Baez

Nov 04, 2013 11:19 AM
I'm so glad Derek is back. And Chris, while reading this post about RECUSE, I thought of "judges" that consider affidavits as MOTIONS, and ignore MISTAKES ! :D


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Pete Daoust

Nov 04, 2013 11:52 AM
Yeah...I'll consider you as recused mister unauthorized administrator :-D


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Derek Moran

Dec 21, 2013 4:47 PM
Scott Duncan "Would you like to recuse yourself"? - This always works This actually claims your rights, and turfs the Justice. Scott Duncan The second you suspect it; "Your Honour 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. Would you please recuse yourself"? (Note: ending that question with "..you sanctimonious, worthless parasitic bitch"? ...is optional.) Derek Moran Do you have to call-out- "Point-of-Order" first, before you say that? Scott Duncan No. In fact this would fall under OBJECTION. You OBJECT to a sanctimonious, worthless parasitic bitch ruling on the matter. POINT OF ORDER serves to POINT out an error and/or MISTAKE. Derek Moran You have mentioned before NOT to MOTION to/with the court, as you are unwittingly consenting to their jurisdiction, Scott? Scott Duncan YES! Martin Sutton almost did that. Darren the cop was all for it. If Darren the cop says it, you probably should try figure out why you shouldn't... RIGHT MARTIN? Eamonn O Brien If a writ is an order of the court on behalf of one party to the other how do you file for the court to issue one? Am I understanding it properly even...? Scott Duncan Praecipe.


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