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We may also say that the straw man is a "person" according to the legal dictionary.
"Person. 1. a human being. 2. An entity (such as a corporation) that is recognized by law as having the rights and duties of a human being…" [Blacks Law Dictionary, 7th Edition]
The straw man may also be said to be an "artificial person" which is also defined in the legal dictionary.
"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. – Also termed fictitious person; juristic person; legal person; moral person." [Blacks Law Dictionary, 7th Edition]
A straw man may also be thought of as a "legal fiction."
"Legal fiction. Assumption of fact made by court as basis for deciding a legal question. A situation contrived by the law to permit a court to dispose of a matter …" [Black’s Law Dictionary 5th Edition]
As we explore further, we must distinguish between the straw man (an it or person), and the real, flesh and blood being (human being) which we will call a "man." "Man" has a legal definition.
"A human being. A person of the male sex. A male of the human species above the age of puberty. In the most extended sense the term includes not only the adult male sex of the human species, but women and children. … In feudal law, a vassal; a tenant or feudatory." [Blacks Law Dictionary, 5th Edition]
Originally posted by Jean Paul Zodeaux
reply to post by Res Ipsa
Marshal was establishing judicial review and while creating the Supreme Court job description he elevated its role so it would from then on be a relevant branch of government.
(two lines to say more than your diatribe on Marbury)
You've said nothing at all. You have merely offered your opinion, and it is one rooted in empty rhetoric. If you disagree with Marbury v. Madison you're going to have to offer up more than two pithy little lines in order to explain why you think the Supreme Court erred, or you can break wind and pretend that's good commentary.
I didn't offer merely an opinion.........Marbury established judical review......Where did I say I disagreed with the greatest jurist of all times?.........and in fact, if I could fart in your general direction, it would be appropriate commentary.
Originally posted by daddio
reply to post by duality90
For the last time, YOU have been duped, YES, a "person" has been held to INCLUDE FOREIGN AND DOMESTIC CORPORATIONS. Barrons Law Dictionary 2nd Edition. It states it perfectly clear.
PLEASE for the love of god, read what this guy wrote, he recites and uses as reference, ALL the law dictionaries. This is not BS, it is fact. It is printed and has been established by law professors and legal scholars. It is what it is and to argue any differently is to be ignorant of the true facts. Many of the posters here have referenced this very thing. But this website PDF is about the best I have seen.
www.nomoretyranny.org...
We may also say that the straw man is a "person" according to the legal dictionary.
"Person. 1. a human being. 2. An entity (such as a corporation) that is recognized by law as having the rights and duties of a human being…" [Blacks Law Dictionary, 7th Edition]
The straw man may also be said to be an "artificial person" which is also defined in the legal dictionary.
"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. – Also termed fictitious person; juristic person; legal person; moral person." [Blacks Law Dictionary, 7th Edition]
A straw man may also be thought of as a "legal fiction."
"Legal fiction. Assumption of fact made by court as basis for deciding a legal question. A situation contrived by the law to permit a court to dispose of a matter …" [Black’s Law Dictionary 5th Edition]
As we explore further, we must distinguish between the straw man (an it or person), and the real, flesh and blood being (human being) which we will call a "man." "Man" has a legal definition.
"A human being. A person of the male sex. A male of the human species above the age of puberty. In the most extended sense the term includes not only the adult male sex of the human species, but women and children. … In feudal law, a vassal; a tenant or feudatory." [Blacks Law Dictionary, 5th Edition]
So yes, a "person" IS NOT a flesh and blood living soul. Void for vagueness removes the term "human being" from the above definition reference "Person". I am sure it was put in there to decieve.
So please duality90, stop "claiming" that a person is a human being and that the legal reference means nothing in court. A statute that refers to a "person" DOES NOT mean a flesh and blood living soul such as you and I.
Again, ALL courts are courts of commerce UNLESS and UNTIL we recognize the judges oath of office so that we know he is acting as judge and not as BANKER!!
Legislative statutes are nothing more than REGULATIONS because the legislature can legislate FOR the people but NEVER ever TO the people. They can not make any rule or law that would violate or infringe on our Natural Born Rights. Thats all folks.edit on 16-3-2011 by daddio because: (no reason given)
— (1) This chapter shall be liberally construed and applied.
(2) Its purposes are:
(a) To preserve the integrity of marriage and to safeguard meaningful family relationships;
(b) To promote the amicable settlement of disputes that arise between parties to a marriage; and
(c) To mitigate the potential harm to the spouses and their children caused by the process of legal dissolution of marriage.
61.011 Dissolution in chancery.—Proceedings under this chapter are in chancery.
The old English court in which the monarch's secretary, or Chancellor, began hearing lawsuits during the fourteenth century.
The decisions rendered there were based on conscience and fairness rather than on the strict common-law Forms of Action. In the United States, courts like the old chancery have been called courts of chancery or courts of Equity.
Equity and the common law represented opposing values in the English legal system. The common law was the creation of a judiciary independent from the Crown. Common-law courts believed in the strict interpretation of statutes and precedential cases. Whereas the common law provided results based on years of judicial wisdom, equity produced results based on the whim of the king's chancellor. Commonlaw judges considered equity Arbitrary and a royal encroachment on the power of an independent judiciary. Renowned seventeenth-century judge John Selden called equity "a roguish thing" and noted that results in equity cases might well depend on the size of a chancellor's foot.
(2) “Child” means an individual who has not attained 18 years of age.
(13) “Person acting as a parent” means a person, other than a parent, who:
(a) Has physical custody of the child or has had physical custody for a period of 6 consecutive months, including any temporary absence, within 1 year immediately before the commencement of a child custody proceeding; and
(b) Has been awarded a child-custody determination by a court or claims a right to a child-custody determination under the laws of this state.
a : one that begets or brings forth offspring b : a person who brings up and cares for another
Expressio unius est exclusio alterius; A maxim of statutory interpretation meaning that the expression of one thing is the exclusion of another. Burgin v. Forbes, 293 Ky. 456, 169 S.W.2d 321, 325; Newblock v. Bowles, 170 Okl. 487, 40 P.2d 1097, 1100. Mention of one thing implies exclusion of another. When certain persons or things are specified in a law, contract, or will, an intention to exclude all others from its operation may be inferred. Under this maxim, if a statute specifies one exception to a general rule or assumes to specify the effects of a certain provision, other exceptions or effects are excluded. Black’s Law Dictionary 5th Edition (emphasis mine)
Inclusio unius est exclusio alterius; /inklũwzh(iy)ow yanáyəs ést əksklũwzh(iy)ow oltíriyəs/. The inclusion of one is the exclusion of another. The certain designation of one person is an absolute exclusion of all others. Burgin v. Forbes, 293 Ky. 456, 169 S.W.2d 321, 325. Black’s Law Dictionary 5th Edition (emphasis mine)
When, in any law or statute, code or regulation, a reference is made to a “person” it is to the exclusion of Natural and sovereign persons or people. This has been held to be truth and fact in all cases.
"The word `person' in legal terminology is perceived as a general word which normally
includes in its scope a variety of entities other than human beings., see e.g. 1, U.S.C.
paragraph 1." -- Church of Scientology v. US Department of Justice (1979) 612 F2d 417, 425:
(emphasis mine)
"The general rule is that an unconstitutional statute, though having the form and name of law, is in reality no law, but is wholly void and ineffective for any purpose, since its unconstitutionality dates from the time of its enactment... In legal contemplation, it is as inoperative as if it had never been passed... Since an unconstitutional law is void, the general principles follow that it imposes no duties, confers no right, creates no office, bestows no power or authority on anyone, affords no protection and justifies no acts performed under it... A void act cannot be legally consistent with a valid one. An unconstitutional law cannot operate to supersede any existing law. Indeed insofar as a statute runs counter to the fundamental law of the land, it is superseded thereby. No one is bound to obey an unconstitutional law and no courts are bound to enforce it." Bonnett v. Vallier, 116 N.W. 885, 136 Wis. 193 (1908); NORTON v. SHELBY COUNTY, 118 U.S. 425 (1886) (emphasis mine)
Originally posted by Josephus23
reply to post by Jean Paul Zodeaux
Methinks that you answered your own question when you stated that "the proceedings in this chapter are in chancery."
From that point forward the rest of the statute is more or less moot, because it is at the will of whatever the hell the judge's wants. (they are merely guidelines, but to us they are the LAW)
I could be wrong about this, but this is like having a caveat in a bill, kind of like the one that allowed congress to "opt out" of the health care plan in one of the many bills that have been put forth to be passed concerning health care.
Caveats are little know but often used ways of the legislation basically saying "yeah, these rules are for you guys ALL the time, but, some of them only apply to certain people all of the time, depending upon how we feel about it."
The law is a bitch.
Originally posted by daddio
reply to post by duality90
One more time here duality90........
Expressio unius est exclusio alterius; A maxim of statutory interpretation meaning that the expression of one thing is the exclusion of another. Burgin v. Forbes, 293 Ky. 456, 169 S.W.2d 321, 325; Newblock v. Bowles, 170 Okl. 487, 40 P.2d 1097, 1100. Mention of one thing implies exclusion of another. When certain persons or things are specified in a law, contract, or will, an intention to exclude all others from its operation may be inferred. Under this maxim, if a statute specifies one exception to a general rule or assumes to specify the effects of a certain provision, other exceptions or effects are excluded. Black’s Law Dictionary 5th Edition (emphasis mine)
Inclusio unius est exclusio alterius; /inklũwzh(iy)ow yanáyəs ést əksklũwzh(iy)ow oltíriyəs/. The inclusion of one is the exclusion of another. The certain designation of one person is an absolute exclusion of all others. Burgin v. Forbes, 293 Ky. 456, 169 S.W.2d 321, 325. Black’s Law Dictionary 5th Edition (emphasis mine)
When, in any law or statute, code or regulation, a reference is made to a “person” it is to the exclusion of Natural and sovereign persons or people. This has been held to be truth and fact in all cases.
"The word `person' in legal terminology is perceived as a general word which normally
includes in its scope a variety of entities other than human beings., see e.g. 1, U.S.C.
paragraph 1." -- Church of Scientology v. US Department of Justice (1979) 612 F2d 417, 425:
(emphasis mine)
"The general rule is that an unconstitutional statute, though having the form and name of law, is in reality no law, but is wholly void and ineffective for any purpose, since its unconstitutionality dates from the time of its enactment... In legal contemplation, it is as inoperative as if it had never been passed... Since an unconstitutional law is void, the general principles follow that it imposes no duties, confers no right, creates no office, bestows no power or authority on anyone, affords no protection and justifies no acts performed under it... A void act cannot be legally consistent with a valid one. An unconstitutional law cannot operate to supersede any existing law. Indeed insofar as a statute runs counter to the fundamental law of the land, it is superseded thereby. No one is bound to obey an unconstitutional law and no courts are bound to enforce it." Bonnett v. Vallier, 116 N.W. 885, 136 Wis. 193 (1908); NORTON v. SHELBY COUNTY, 118 U.S. 425 (1886) (emphasis mine)
"The word `person' in legal terminology is perceived as a general word which normally
includes in its scope a variety of entities other than human beings., see e.g. 1, U.S.C.
paragraph 1." -- Church of Scientology v. US Department of Justice (1979) 612 F2d 417, 425:
(emphasis mine)
OTHER THAN HUMAN BEINGS!
Why? Why do the "statutes", and they ARE specific, why do they use the word "person", which encompasses foreign and domestic corporations, and not human beings. The inference of one is to the exclusion OF ALL OTHERS. That is very real. The statutes ARE NOT law, but regulation. And they use the word person to show that it is corporate activity, WE ARE corporate "beings". There have been many threads on ATS about how we have a bond created from our birth certificate and we are traded on Wall Street. I have shown this to many people. Dunn and Bradstreet is where you wil find your "strawman" being traded. ALL CAPS letters of your name WITH your home address. My name is traded as several other "corporations" who i have no idea WHO they are but it has MY address attached to it. How does that work?
All of your rhetoric about ME being a legal person is pure BS, I am not now nor have I EVER been a "legal person". NEVER, YOU can not make a legal determination FOR me and neither can the court. If the judge is an elected official and he does this, it is illegal and the case must be dismissed for conduct. The judge can not practice law from the bench and he can make no legal determination of WHO and WHAT my being is.
Many here will explain the same thing, so get that into your head. You are sounding more like a problem than a part of the solution.
I AM NOT A PERSON!!!
Just to make it perfectly clear, the reason the statutes USE the word "person" is because the courts HAVE NO JURISDICTION OVER flesh and blood living souls. WE, as in man, created government TO SERVE US, they can make no law, legislation or any other code or ordinance that would infringe on our Natural Born rights. So, insofar as the court was CREATED to regulate and CONTROL the legislation, which GIVES BIRTH to corporations, the statutes CAN NOT be applied to flesh and blood living souls directly, so how do they get it to apply to us without our knowing it? They use the word "person" because we were taught that in school, it was DRILLED into our heads. BUT....many people, as well as some attorneys, have exposed the fraud and now it is spreading. The truth shall set you free. If you, duality90, love being enslaved, good for you, I and so many others here do not, and will fight to the death, to keep the truth alive. Try as you will to bury it or distort it, but it is still there for all who have the sight, to see.Yes, the truth shall set you free.edit on 17-3-2011 by daddio because: (no reason given)
I AM NOT A PERSON!!!
"where the language of an enactment is clear and construction according to its terms does not lead to absurd or impracticable consequences, the words employed are to be taken as the final expression of the meaning intended." at para.12
openjurist.org...
JP Zodeaux and other users have made interesting arguments concerning the authority and legitimacy of government to legislate/regulate the lives of its citizens/subjects, which although theoretically insightful and thought-provoking, are at odds with both the reality of the situation as well as the actual power given to government.
I think that far, far too much is being read into the autonomy and inherent 'power' of the individual within the legislative framework of government. Yes, the republic exists to serve the public, but it does not exist to serve every whim and desire of the individual. If that were the case, there would cease to be any point in governance as government would not have the fundamental authority nor power to govern.
I don't really understand what is so difficult to grasp about the concept of legal personality. If you have no legal personality, as you claim, then you can derive no rights from government, nor can you have any rights against it, or others. If you, as you claim, are not a 'legal person', you have no rights which are enforceable in a court of law, because in the eyes of the law, you do not exist.
Every person has legal personality - it is a self-evident attribute of the individual rather than a characteristic granted in certain instances to individuals.
All your talk of inalienable rights becomes worthless when you ask who is going to enforce those rights. If it is your inalienable right not to be harmed nor detained with cause, what are you going to do when you are arrested and want to enforce your right to know what you are arrested for? The judiciary exists to enforce the rights granted to individuals. If you have no legal personality, you have no means by which to enforce your rights.
The entire purpose of law is to regulate the relationships and activities of individuals for the greater good of society. If people (as you claim) are not subject to judicial action (be that either for their benefit or detriment), there is no point in having a system of law.
Once more, despite your constant assertion that you are not a legal person, nor are individuals legal persons, you have not supplied any evidence or material from which I, nor anyone else, could ascertain the validity of that assertion.
This right to self defense is not just a human right, it is the right of all living creatures. The rose does not need a Congress of roses in order to keep and bear thorns. The porcupine does not need a decree from a king in order to keep and bear needles, and the skunk does not need permission from the state in order to carry its stink. Every living being has the observable and self evident right to self defense. The skunk has the right to stink, and the rose, by any other name, has the right to smell as sweet. These are rights not derived by government, but rights that exist, with or without government.
Originally posted by TKDRL
reply to post by Jean Paul Zodeaux
I have bowed out of the debate, as I am not as versed in the secret language of legislation as others here prove to be. I have been following along closely. I had to point this out though:
This right to self defense is not just a human right, it is the right of all living creatures. The rose does not need a Congress of roses in order to keep and bear thorns. The porcupine does not need a decree from a king in order to keep and bear needles, and the skunk does not need permission from the state in order to carry its stink. Every living being has the observable and self evident right to self defense. The skunk has the right to stink, and the rose, by any other name, has the right to smell as sweet. These are rights not derived by government, but rights that exist, with or without government.
This right here is literary genius! Applauds to that line in particular, keep up the good fight in exposing these people as the frauds I know them to be.edit on Fri, 18 Mar 2011 04:35:40 -0500 by TKDRL because: (no reason given)
Originally posted by duality90
reply to post by greenovni
Have you had a chance to read/reply to my PM yet?
Given the extremely unusual facts of your case (and the fact that much of it seems to be very technical and procedural i.e. can you challenge the validity of your admission of paternity by signing that document all those years ago, given that you were under duress? if that amounts, legally speaking, to duress in the circumstances), and though you may be loathe to do so, I think that predicating the entire case (and what will presumably be some rather substantial maintenance payments) on the validity of legislation (which is actually part of the State constitution isn't it? as in, those 'Florida States' are basically a small civil-code which is actually part of the text of the State constitution, right?) is going to be quite a bold thing to do.
Given that you have quite alot to lose here, you would honestly do well to consult someone with specialist knowledge of family law and civil procedure in Florida. Given that the facts of your case are extremely unusual, you would stand to benefit from expert advice. Besides which, is there any harm done in giving yourself as many grounds to argue as possible?
Best of luck.
The judge asked me if I had ever slept "with this woman" I said yes, 1 time & I wore a condom, the judge then asked her if she had other sexual partners during that period.
She answered, "not that week" and the judge looked at me and said, "You are the father as you have admitted to having "sexual relations" with this woman"
Done, I am the "dad"