The Birth Certificate

Vengeancia (updated April. 2015) “An 8-year-old boy who is accidentally left behind while his family flies to France for Christmas must defend his home against idiotic burglars.” Home Alone (1990) IMDB. For background, read, “The law recognizes different forms of death, not all of them meaning the end of physical life.” Death and Dying, Legal Definition, here. Check out my recent article, Never Forget 9/11- Countries Around the World Admit to False Flag Terror, here.

“Corruption of Blood. Mention it and collective judicial eyes roll to the back of their collective judicial heads. Yet, in every way except in name, blood corruption is as alive today as it ever was. To understand why, one must look to the history of corruption of blood and its relationship to forfeiture.” Read more about how Forfeiture Endangers America, here.

From Freedom River: “Your birth documentation should be straightforward and transparent, however it soon becomes the most complex and secretive paper trail imaginable. This alone suggests a long history of corruption. The process involves a maze of secret Trusts and various parts of legislation, focused on claiming your Estate.

Oh not! Did we leave our "extract" behind at the hospital?
Oh not! Did we leave our “extract” behind at the hospital?

“The modern ‘Birth Certificate’ began as a ‘Settlement Certificate’ issued in England in 1837 to officially record the poor (paupers), granting basic rights to benefits in exchange for recognition of their status as owned ‘property’, lawful slaves, also known as indentured servants and bondsmen.

“A child’s birthplace was its place of ‘settlement,’ where its bond began. Thus, a ‘settlement’ is equivalent to a voluntary slave plantation. Since 1933, all New Zealanders have been required by statute to have a Birth Certificate, and a tax identification number. Since 1990, under the United Nations and the World Health Organisation (WHO), by the Convention on the Rights of the Child, the birth certificate process has become an international system of ‘settlement’.

“When you are born (given life), a ‘Record of Live Birth’ is created as prima facie evidence of your Life. The New Zealand equivalent is a ‘Notification of Birth for Registration’. It is your Affidavit of Life, with details that absolutely identify your living standing. It records your given name as a unique ‘Title’, i.e. John, to your Estate. The autograph of your Mother establishes the origin of your Estate (an Estate must come before a Trust). Your Mother and the State are now, by law, Trustees in an “expressed” Public Trust, of which you are the Beneficiary. You are the holder in ‘expectancy’ of your Estate, which will descend to you as of right when you attain the ‘age of majority’. This original Trust should serve you well, but …

“Soon, your parents are told that you ‘must’ be registered. They are under no such lawful obligation, but the State is very insistent for reasons undisclosed. According to Ecclesiastical Law an Estate can only be held in Trust by a man. But your Mother was asked for her maiden name, constituting “Maternity”.

MATERNITY. It is either legitimate or natural. The former is the condition of the mother who has given birth to legitimate children, while the latter is the condition of her who has given birth to illegitimate children. Maternity is always certain, while the paternity (q.v.) is only presumed. – Bouvier’s Law Dictionary, 1856 Ed.

“Therefore, all naturally born children are illegitimate (bastards) with uncertain fatherhood, having no paternal holder of their Estate. When registering, an “Informant” (unknowingly) makes an accusation as to your illegitimacy.

INFORMANT. A person who informs or prefers an accusation against another. – Black’s Law Dictionary, 2nd Ed.] The Status of Children Act 1969, 2. says ‘For the purposes of this Act marriage includes a void marriage’. So you are legally a bastard without rights.

BASTARD. 4. Considered as nullius filius, a bastard has no inheritable blood in him, and therefore no estate can descend to him. – Bouvier’s Law Dictionary, 1856 Ed.] Moreover, your given name (Title) is recorded in the “still-born” column. [A stillborn child is one … incapable of living … if they do not in fact survive so long as to rebut this presumption of law, they cannot inherit. – Black’s Law Dictionary, 2nd Ed.] The State can now legally claim your Estate, making you a “Ward of the State” in an “estates for life” Foreign Situs Trust.

ESTATE. 9.-2. The estates for life created by operation of law are … 4th. Jointure. … The estate for life is somewhat similar to the usufruct of the civil law. – Bouvier’s Law Dictionary, 1856 Ed.] “Jointure” (joinder) is similar to “usufruct” (right to derive income from property of another).

“Your Record of Live Birth, and the Registrar’s evidence, are used to create a Birth Certificate Bond, publicly certifying that a property Title is registered as a Security for the national debt. It is like a Warehouse Receipt for the baby, the delivered goods.

WAREHOUSE RECEIPT. A warehouse receipt, which is considered a document of title, may be a negotiable instrument used for financing with inventory as security. – Black’s Law Dictionary, 7th Edition].

“At the same time, the bond converts your given name and family name into a tradename. Only corporations have a “last name”. A legal person has been created by the State, as a franchise child of the parent corporation.

“The Bond is sold to the World Bank (Bank of International Settlements, created in 1931 by the Vatican) as Settlor of the Trust. Your weight in ounces on the Record of Live Birth is to calculate your market value relative to gold. Your Bond becomes a registered Security, which the Treasury uses as Surety for Treasury securities such as Treasury Bonds, Notes and Bills. So you have been MONETISED. The people truly are the ‘Credit of the Nation’. However, in the corrupted system, the people’s credit is effectively ‘human capital’, or ‘livestock’.

“Although the State can seize the legal person baby as a ‘Ward of the State’ if the State’s “investment” is threatened, its greatest value is realized from the ‘matured’ working adult. The perpetrators of this deception know that you could one day discover the truth and invoke your Power of Attorney from the age of 18. Property Law Act 2007, Section 22.(1) ‘Person between 18 and 20 years may do certain things, … (c) accept appointment, or act, as an attorney, 22.(2) … has the same effect as if the person were 20 years old.’ In short, you can attain the age of majority (20) by declaring your own Power of Attorney from the age of 18. However, if they can somehow ‘kill’ you off, legally speaking, they can claim your ‘deceased Estate’, being your real property (lands), and personal property (life).

“This is why the legal person is legally a ‘vessel’ in which the State has a Security interest, via the Birth Bond. When you reach full legal age, you become the Master (Mr/Mrs/Ms) of that ‘vessel’. The living you has ‘gone to sea’, and under the Admiralty Maritime jurisdiction, which is the ‘Law of the Sea’, if you are missing for seven years, you can be declared legally dead by the court. The same process is applied to ships and mariners lost at sea.

“But you will probably ‘voluntarily’ forfeit your Estate. You may start work and register as a taxpayer on a IRD330, or you may enroll on a voting register. Either way, you are transferring your Estate to the State’s legal person by registering as an ‘accommodation party’. If you decide not to register as the legal person, you are a ‘vessel lost at sea’. After seven years, you ‘died’ without a will ‘Intestate’, so someone is appointed to manage your Estate/Trust. The Public Trust applies to the Family Court to manage your Estate under the ‘Protection of Personal and Property Rights Act 1988, Section 11. Form PPPR 6 Application for order to administer property’.

“Under the first Sovereign Public Trust agreement set up by your Mother, you are the Beneficiary, while your Mother and the State are your Trustees. The State employees are your Public Servants obligated to work for your benefit and defend your rights, having a Fiduciary responsibility to do so. But under the new Foreign Situs Trust, the government becomes the Beneficiary, and you become the Trustee obligated to work for the Trust, because the Trustee always pays. The State has turned the tables on you.

“The People are employed by the State as debtors for a private banking system, which is upheld by a private Bar Association Guild (Law Society). While ‘acting’ as the Trustee of the Foreign Situs Trust in your corporatised NAME, you will receive endless presentments (bills), which that employee of the State, the legal person, Strawman, is obliged to pay.

“But the theft of your Estate is based on false presumptions that cannot be proven in fact. The fundamental flaw is that in order for a Birth Certificate to be issued, a man or a woman must first have been born on the land. Plainly, you are not really dead, so you still have living rights on the land. You are ‘the holder in due course’ of YOUR Estate Title. Under the Cestui Que Vie Act 1666, IV ‘If the supposed dead MAN proves to be alive, then the title is revested.’

“Remember that only YOU have a ‘birthday’ on which you were born into the world from your Mother. Whereas the artificial legal person has a ‘date of birth’ on which it was registered by the Registrar. They are usually created on different dates! (see your Registration Print-out) Maxim of Law: ‘He who fails to assert his rights has none’. Read more at Freedom River.

ABORTION: “arrest of development (as of a part or process) resulting in imperfection; also :  a result of such arrest” Read more.

MONSTROSITY:noun \män-ˈsträ-sə-tē\ : something (such as a building) that is very large and ugly 1 a :  a malformation of a plant or animal.”

Here’s more about the Birth Certificate.  Did you know that hospitals get paid for turning in Birth Certificates? In the description below, note that the “trustee” must be a “natural person,” which is an artificial entity, a puppet, a corporation, a “citizen,” rather than a flesh and blood “people.” It’s not an “organization,” but it’s not flesh and blood, either. Maybe it’s just a dab of DNA? It’s still a legalistic creation. Also, check out this site.

“The term ‘person’ means a natural person or an organization.” 15 USC 1602

Please see A Journey to Freedom for more on changing our status from “U.S. Citizen” back to “people” as we are recognized in the Declaration of Independence and other founding documents for America.

Proof that the Strawman Exists

People present ourselves in “rerum natura,” meaning ‘in the realm of actuality; in existence,’ (Black’s Law Dictionary, 6th edition) the opposite of being a fictitious person. We the people can put on and take off these commercial hats – trustee, beneficiary, etc. – as required. Be aware that when Mr. Adask references “you,” he is probably talking about your “person,” not you, the flesh and blood man or woman.

Persons are Puppets of the New World Order; image from Guillermo Del Toro's Pinnochio
Americans are Puppets of the New World Order; image from Guillermo Del Toro’s Pinnochio

Alfred Adask A number of freedom researchers have expanded this metaphor to reach the following very interesting conclusions that we fully agree with:

1. A constructive trust is created when you are born. The trust document is your Birth Certificate. Many birth certificates says “Informant” below the signature for the witness. This is the government informant (assumed to be a citizen=slave) who is a witness for the state of the creation of the constructive trust.

The Corporation is Turning People Into Persons, Individuals, Citizens, etc.
The Corporation is Turning People Into Persons, Individuals, Citizens, etc.; image features Donald Southerland from the movie, Invasion of the Body Snatchers

2. Within the constructive trust that is created when you are born:

2.1. You are the “Trustee” of the trust. The trustee must always be a natural person and he acts as the fiduciary for the Beneficiary.

2.2. The “Beneficiary” is your “all caps strawman”. For instance, if your name is “John Doe”, then your strawman’s name is “JOHN DOE”. Your strawman is literally dead, but he is still considered as a “legal person”. This strawman is simply what people in the legal field refer to as a “res”. A “resident” is simply a legal person called a “res” that is “ident”-ified within a given jurisdiction, and not necessarily someone who physically lives in that jurisdiction. In the case of a “taxpayer” under 26 U.S.C. §7701(a)(39), that place is the District of Columbia:

“Res. Lat. The subject matter of a trust or will. In the civil law, a thing; an object. As a term of the law, this word has a very wide and extensive signification, including not only things which are objects of property, but also such as are not capable of individual ownership. And in old English law it is said to have a general import, comprehending both corporeal and incorporeal things of whatever kind, nature, or species. By “res,” according to the modern civilians, is meant everything that may form an object of rights, in opposition to “persona,” which is regarded as a subject of rights. “Res,” therefore, in its general meaning, comprises actions of all kinds; while in its restricted sense it comprehends every object of right, except actions. This has reference to the fundamental division of the Institutes that all law relates either to persons, to things, or to actions.

“Res is everything that may form an object of rights and includes an object, subject-matter or status. In re Riggle’s Will, 11 A.D.2d 51 205 N.Y.S.2d 19, 21, 22. The term is particularly applied to an object, subject-matter, or status, considered as the defendant in an action, or as an object against which, directly, proceedings are taken. Thus, in a prize case, the captured vessel is “the res”; and proceedings of this character are said to be in rem. (See In personam; In Rem.) “Res” may also denote the action or proceeding, as when a cause, which is not between adversary parties, it entitled “In re ______”. [Black’s Law Dictionary, Sixth Edition, pp. 1304-1306]

2.3. The “Grantor” or “Creator” of the trust is the Government. It creates the “res” of benefits and rights that constitute the body of entitlements you have under the law.

3. Anyone who is a “Trustee” is treated in law as a “fiduciary” for the strawman. All government or financial documents you sign containing the name of your strawman you are signing as his “fiduciary”.

4. Your decision to act as the fiduciary for the “strawman” is a voluntary choice. Any taxes for which the strawman is liable therefore become voluntary, because you didn’t have to “volunteer” to act on behalf of the strawman.

A Strawman is a Fake, a Man of Straw, Artificial; image is from the movie, The Wonderful Wizard of Oz
A Strawman is a Fake, a Man of Straw, Artificial; image is from the Wonderful Wizard of Oz

5. You can un-volunteer to act as the fiduciary for your “strawman”. The process known as “UCC Redemption” allows you to gift the “benefits” or “privileges” but not the “liabilities” of your strawman to a natural person, who can be either you or someone you know. You may have heard of the term “identity theft”. UCC Redemption essentially amounts to “identity gift”.

6. According to the Statutes at Large, 53 Stat. 9, Section 312(a):

“(a) FIDUCIARY OF TAXPAYER-Upon notice to the Commissioner that any person is acting in a fiduciary capacity such fiduciary shall assume the powers, rights, duties, and privileges of the taxpayer in respect of a tax imposed by this chapter (except as otherwise specifically provided and except that the tax shall be collected from the estate of the taxpayer), until notice is given that the fiduciary capacity has terminated.”

[Statutes at Large, 53 Stat. 9, Section 312(a)]

You can see the above statute yourself at:

http://famguardian.org/TaxFreedom/CitesByTopic/Fiduciary.pdf

7. IRS Form 56 is the vehicle by which you indicate to the IRS the status of any fiduciary relationships that you might be involved with. You can also use this form to terminate fiduciary relationships.

8. Your “strawman” is what we call your “statutory interface” to the commercial world. If you completely abandon your strawman, you will not be able to function within the commercial world. You cannot therefore completely abandon your strawman because you might starve to death! However, if you gift the “liabilities” of your strawman without gifting the “benefits” or “privileges”, you can outsmart the system.

9. The Internal Revenue Code is an indirect excise tax on the privilege of doing business as an artificial entity which is either a corporation or a partnership created under the laws of the federal but not state government. In fact, the term “income” is defined by the Constitution only as the “corporate profit” of this corporation. A partnership is a form of “corporation”. Income tax on the privilege of doing business as a corporation as measured by the profits of the corporation . See section 5.6.5 of The Great IRS Hoax for further details on this subject.

10. Corporations are “citizens” under the Internal Revenue Code. Corporations are also beneficiaries of a trust. The trust document is the corporate charter that created the corporation under an act of the legislature. The trustees are the officers of the corporation.

“A corporation is a citizen, resident, or inhabitant of the state or country by or under the laws of which it was created, and of that state or country only.”

[19 Corpus Juris Secundum legal encyclopedia, Corporations, §886]

11. Under the Internal Revenue Code, a “U.S. person” is the only proper subject of the tax code and that person is a corporation. That “U.S. person” is defined in 26 U.S.C. §7701(a)(30). 26 CFR §301.6109-1(b)(1) identifies this “U.S. person” only as an “it” and not a “he” or “she”. Such a person can be either a resident alien or a citizen residing in a territory of the United States.

26 CFR – CHAPTER I – PART 301

§ 301.6109-1 Identifying numbers

(b) Requirement to furnish one’s own number —

(1) U.S. persons. Every U.S. person who makes under this title a return, statement, or other document must furnish its own taxpayer identifying number as required by the forms and the accompanying instructions.

12. When you file a form 1040, you are basically indicating to the government under penalty of perjury that you are either a trustee or an officer of a foreign/alien corporation that resides in the federal zone. The PDF Form 1040 says in the upper left corner that it is only submitted by “U.S. individuals”. An “individual” is either an “alien” or a “nonresident alien” under 26 CFR §1.1441-1(c )(3). Since “nonresident aliens” file the PDF Form 1040NR and since you didn’t attach an IRS Form 2555 to your 1040 that you did file indicating you were a “U.S. citizen” under 8 U.S.C. §1401 who is living overseas, then the only type of “U.S. individual” you can be is an “alien”, which is synonymous with a “resident” under 26 CFR §1.1-1(a)(2)(ii). This “alien” is living inside the federal zone and is subject to federal laws and police powers. The W-4 form you mistakenly filled out and submitted to your employer indicated in the upper left corner that you were an “employee”. The term “employee” is then defined in 26 U.S.C. §3401(c ) as a “public officer” of the United States government, which just happens to be a corporation under 28 U.S.C. §3002(15)(A).

13. The federal government only has jurisdiction over “foreign commerce” under Article 1, Section 8, Clause 3 of the Constitution. Taxation internal to states of the Union is a plenary power reserved exclusively to states of the Union under the U.S. Constitution Amendments 9 and 10. See sections 5.2.3 and 5.2.11 of the Great IRS Hoax.

14. The strawman is identified in Black’s Law Dictionary, 4th Edition, p. 880 as “idemsonans”:

“Idemsonans-sounding the same or alike. Having the same sound. The term applied to names which are substantially the same, though slightly varied in the spelling, as Lawrence and Lawrance.”

15. Your “strawman” is therefore a “corporation”, and “corporations” are the only types of entities that the federal government is authorized to tax under the Constitution.

Makes lots of sense, huh? The important thing to remember is that as long as you are connected to an artificial entity such as a corporation that is a privileged creation of Congress, and as long as you live in the federal zone or are a “citizen“ under 8 U.S.C. §1401 who is born in the District of Columbia or the territories and who derives “foreign income” from outside the United States the country, then your earnings come under the jurisdiction of the federal government and you will be treated as a “taxpayer”, with or without a liability statute making you one.END

GLOSSARY OF TERMS LEGAL RESEARCH

This glossary of terms is limited in scope, and the definitions of words are restricted in meaning to their legal or legal research context. Words whose meanings conform to general usage and are obvious are omitted from the list, e.g., Index.

Acquittal-The verdict in a criminal trial in which the defendant is found not guilty.

Act-An alternative name for statutory law. When introduced into the first house of the legislature, a piece of proposed legislation is known as a bill. When passed to the next house, it may then be referred to as an act. After enactment, the terms law and act may be used interchangeably. An act has the same legislative force as a joint resolution but is technically distinguishable, being of a different form and introduced with the words “be it enacted” instead of “be it resolved.”

Action-The formal legal demand of one’s rights from another person brought in court.

Adjudication-The formal pronouncing or recording of a judgment or decree by a court.

Administrative agency-A governmental authority, other than a legislature or court, which issues rules and regulations or adjudicates disputes arising under its statutes and regulations. Administrative agencies usually act under authority delegated by the legislature.

Administrative law-Law that affects private parties, promulgated by governmental agencies other than courts or legislative bodies. These administrative agencies derive their power from legislative enactments and are subject to judicial review.

Advance sheets-Current pamphlets containing the most recently reported opinions of a court or the courts of several jurisdictions. The volume and page numbers usually are the same as in the subsequently bound volumes of the series, which cover several numbers of the advance sheets.

Advisory opinion-An opinion rendered by a court at the request of the government or an interested party that indicates how the court would rule on a matter should adversary litigation develop. An advisory opinion is thus an interpretation of the law without binding effect. The international court of justice and some state courts will render advisory opinions; the supreme court of the united states will not.

Affidavit-A written statement or declaration of facts sworn to by the maker, taken before a person officially permitted by law to administer oaths.

ALWD citation manual-A manual of legal citation form prepared by the association of legal writing directors.

Alternative dispute resolution-The process of resolving disputes through such means as mediation or arbitration rather than through litigation.

Amicus curiae-Means, literally, friend of the court. A party with strong interest in or views on the subject matter of the dispute will petition the court for permission to file a brief, ostensibly on behalf of a party but actually to suggest a rationale consistent with its own views.

Annotations-(1) statutory: brief summaries of the law and facts of cases interpreting statutes passed by congress or state legislatures that are included in codes; or (2) textual: expository essays of varying length on significant legal topics chosen from selected cases published with the essays.

Answer-The pleading filed by the defendant in response to plaintiff’s complaint.

Appeal papers-The briefs and transcripts of records on appeal filed by attorneys with courts in connection with litigation.

Appellant-The party who requests that a higher court review the actions of a lower court. Compare with appellee.

Appellee-The party against whom an appeal is taken (usually, but not always, the winner in the lower court). It should be noted that a party’s status as appellant or appellee bears no relation to his or her status as plaintiff or defendant in the lower court.

Arbitration-The hearing and settlement of a dispute between opposing parties by a third party. This decision is often binding by prior agreement of the parties.

Assault-An unlawful, intentional show of force or an attempt to do physical harm to another person. Assault can constitute the basis of a civil or criminal action. See also battery.

Assault and battery -See battery.

Attorney general opinion-An opinion issued by the government’s chief counsel at the request of some governmental body interpreting the law for the requesting agency in the same manner as a private attorney would for his or her client. The opinion is not binding on the court but is usually accorded some degree of persuasive authority.

Authority-That which can bind or influence a court. Case law, legislation, constitutions, administrative regulations, and writings about the law are all legal authority. See primary authority; mandatory authority; persuasive authority.

Bail-Security given, in the form of a bail bond or cash, as a guarantee that released prisoners will present themselves for trial. This security may be lost if the released person does not appear in court at the appointed time.

Battery-An unlawful use of force against another person resulting in physical contact (a tort); it is commonly used in the phrase “assault and battery,” assault being the threat of force, and battery the actual use of force. See also assault.

Bill-A legislative proposal introduced in the legislature. The term distinguishes unfinished legislation from enacted law.

Black letter law-An informal term indicating the basic principles of law generally accepted by the courts and/or embodied in the statutes of a particular jurisdiction.

Bluebook-A manual of legal citation form published by the Harvard Law Review, Yale Law Journal, Columbia Law Review, and University of Pennsylvania Law Review.

Boolean logic-A form of search strategy used in databases, such as westlaw and lexisnexis. In a boolean search, connectors such as and, or, and not are used to construct a complex search command. The command “fungible and gasoline” for example, retrieves documents in which the term fungible and the term gasoline both appear. Compare with natural language.

Breach of contract-The failure to perform any of the terms of an agreement.

Brief-(1) in American law practice, a written statement prepared by the counsel arguing a case in court. It contains a summary of the facts of the case, the pertinent laws, and an argument of how the law applies to the facts supporting counsel’s position; (2) a summary of a published opinion of a case prepared for studying the opinion in law school.

Briefs and records-See appeal papers.

Calendar-Can mean the order in which cases are to be heard during a term of court. Martindale-Hubbell law directory contains calendars for state and federal courts, and includes the name of the court, the name of the judge, and the date of the term’s beginning.

CALR -An acronym for computer-assisted legal research. Westlaw and Lexis-Nexis are CALR systems.

Caption-See style of a case.

Case in point-A judicial opinion which deals with a fact situation similar to the one being researched and substantiates a point of law to be asserted. (also called “case on all fours.”)

Case law-The law of reported judicial opinions as distinguished from statutes or administrative law.

Casebook-A textbook used to instruct law students in a particular area of law. The text consists of a collection of court opinions, usually from appellate courts, and notes by the author(s).

Cause of action-A claim in law and in fact sufficient to bring the case to court; the grounds of an action. (example: breach of contract.)

CD-ROM-An abbreviation for “compact disk-read only memory.” A compact disk is a disk approximately 4 inches in diameter on which data is coded to be scanned by a laser beam and transmitted to a computer monitor. A large volume of data can be stored on such a disk.

Certiorari-A writ issued by a superior to an inferior court requiring the latter to produce the records of a particular case tried therein. It is most commonly used to refer to the supreme court of the united states, which uses the writ of certiorari as a discretionary device to choose the cases it wishes to hear. The term’s origin is latin, meaning to be informed of.

Charter-A document issued by a governmental entity that gives a corporation legal existence.

Chattel-Any article of personal property, as opposed to real property. It may refer to animate as well as inanimate property.

Chose-Any article of personal property. See property.

Citation-The reference to authority necessary to substantiate the validity of one’s argument or position. Citation to authority and supporting references is both important and extensive in any form of legal writing. Citation form is also given emphasis in legal writing, and early familiarity with the Bluebook: a uniform system of citation will stand the law student in good stead.

Citators-A set of books and online sources that provide the subsequent judicial history and interpretation of reported cases or lists of cases and legislative enactments construing, applying, or affecting statutes. In America, the most widely used citators are Shepard’s citations and Keycite.

Cited case-A case that is referred to by other cases.

Citing case-The case that refers to the cited case.

Civil law-(1) Roman law embodied in the code of Justinian, which presently prevails in most countries of Western Europe other than Great Britain and that is the foundation of louisiana law; (2) the law concerning noncriminal matters in a common law jurisdiction.

Claim-(1) the assertion of a right, as to money or property; (2) the accumulation of facts that give rise to a right enforceable in court.

Class action-A lawsuit brought by a representative party on behalf of a group, all of whose members have the same or a similar grievance against the defendant.

Code-In popular usage, a compilation of statutes. Technically, in a code, the laws in force and judicial decrees having the force of law, are rewritten and arranged in classified order. Repealed and temporary acts are eliminated and the revision is reenacted.

Codification-The process of collecting and arranging systematically, usually by subject, the laws of a state or country.

Common law-The origin of the Anglo-American legal systems. English common law was largely customary law and unwritten, until discovered, applied, and reported by the courts of law. In theory, the common law courts did not create law but rather discovered it in the customs and habits of the english people. The strength of the judicial system in preparliamentary days is one reason for the continued emphasis in common law systems on case law. In a narrow sense, common law is the phrase still used to distinguish case law from statutory law.

Compiled statutes-In popular usage, a code. Technically, it is a compilation of acts printed verbatim as originally enacted but in a new classified order. The text is not modified; however, repealed and temporary acts are omitted.

Complaint-The plaintiff’s initial pleading. Under federal rules of civil procedure, it is no longer full of the technicalities demanded by the common law. A complaint need only contain a short and plain statement of the claim upon which relief is sought, an indication of the type of relief requested, and an indication that the court has jurisdiction to hear the case.

Connector-See boolean logic.

Consideration-Something to be done, or abstained from, by one party to a contract in order to induce another party to enter into a contract.

Consolidated statutes-In popular usage, a code. Technically, it is a compilation of acts rewritten, arranged in classified order, and reenacted. Repealed and temporary acts are eliminated.

Constitution-The system of fundamental principles by which a political body or organization governs itself. Most national constitutions are written; the english and israeli constitutions are unwritten.

Conversion-The wrongful appropriation to oneself of the personal property of another.

Conveyance-The transfer of title to property from one person to another.

Count-A separate and independent claim. A civil petition or a criminal indictment may contain several counts.

Counterclaim-A claim made by the defendant against the plaintiff in a civil lawsuit; it constitutes a separate cause of action.

Court decision-The disposition of the case by the court. See opinion.

Court rules-Rules of procedure promulgated to govern civil and criminal practice before the courts.

Find the rest of the Glossary at Law School Westlaw.

The Glossary is extracted from Fundamentals of Legal Research and Legal Research Illustrated, 8th Edition both by Mersky and Dunn, and published by Foundation Press. This glossary was prepared by Fred R. Shapiro of Yale Law School. https://lawschool.westlaw.com/marketing/display/MI/155

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