Rice McLeod CTWN
Summary
This video explains the fundamental differences between courts of law and courts of equity, emphasizing how legal proceedings are often conducted within an 'equity' framework, which operates on assumptions and fictions rather than strict facts and evidence. It details strategies for converting an equity court into a law court by properly responding to legal instruments, particularly 'colorable pleadings,' to ensure judicial notice of contracts and evidence. The discussion highlights the importance of understanding these distinctions for achieving judicial remedies and personal freedom. It also touches upon historical curiosities and legal concepts like bonds, oaths of office, and the Uniform Commercial Code.
Key Insights
Acceptance for value is an administrative remedy, but judicial review is needed for due process.
Winston Strout explains that 'acceptance for value' is an administrative process that exhausts one's administrative remedy. However, true due process requires taking the administrative remedy into a court for judicial review to see if the process was correct. This involves both private and public witnesses, and a notary's protest serves as evidence of dishonor on the private side, but it must be mirrored into the public domain for judicial acceptance.
A 'colorable' pleading combines factual (law) and fictional (equity) elements, allowing the recipient to choose the court's jurisdiction.
Charging instruments in criminal cases are 'colorable,' meaning they contain true facts (law) but also presumptive charges (equity). The recipient, as the creditor, gets to choose whether the case proceeds in law or equity based on their response. Arguing the facts pushes the case to equity (illusion), while disputing the equity (presumptions) moves it to law.
Eerie parallels exist between Abraham Lincoln and John F. Kennedy's presidencies and assassinations.
Detailed comparisons are drawn between Lincoln and Kennedy, including their election years (1846/1946 for Congress, 1860/1960 for President), their focus on civil rights, loss of children in the White House, being shot on a Friday, shot in the head, having secretaries named Lincoln/Kennedy, being assassinated by Southerners, succeeded by Southerners named Johnson (Andrew/Lyndon born 1808/1908), assassins (Booth/Oswald born 1839/1939) with 15-letter names, Lincoln shot in Ford's Theatre and Kennedy in a Lincoln (made by Ford) car, assassin hid in a warehouse while Kennedy was shot from one, both assassins killed before trial, and their last week's activities involving Maryland/Marilyn Monroe.
Presidents elected in years ending in zero often faced significant challenges or died in office.
A pattern is observed where US presidents elected in years ending in zero (1840, 1860, 1900, 1920, 1940, 1960) experienced death in office, assassination, or assassination attempts, with Ronald Reagan in 1980 being a survivor and 2000 remaining uncertain.
Courts of equity presume jurisdiction and operate on assumptions, while courts of law require factual evidence.
Equity courts are based on assumptions and discretion, not strict evidence. They do not require judges to have oaths or bonds. In contrast, law courts operate on facts introduced according to rules of evidence. Since 1933, federal courts are presumed to be courts of equity, meaning judges act as administrators needing no oath or bond, operating on fiction rather than fact.
Judicial review of administrative proceedings is necessary to gain legal standing and validity.
Even after a successful private administrative process, resulting in a certificate of protest (evidence of dishonor), it must be brought before a court for judicial review. Without this, the process remains administrative and lacks public recognition, meaning nothing has been legally achieved that the court can enforce.
The creation of the 'Courier Regis' in 1178 AD fundamentally shifted dispute resolution from private to public.
In 1178 AD, under King Henry II, the 'Courier Regis' (Royal Court) was established by statute, prohibiting private dispute settlement. All disputes must now use the king's agents. This system, originating from English law, is argued to still be in effect, meaning private settlements are not recognized without the court's involvement.
Obtaining a judgment in law requires presenting a contract, evidence of breach, and an assessment of damages.
To get a judgment in a law court, one must present the contract, then evidence of its breach, followed by an appraisal of damages. The breaching party accepting this assessment creates a new agreement, which the judge can then judicially notice and enforce, leading to a lawful execution or judgment.
A man achieved freedom from probation by leveraging certificates of dishonor and judicial notice.
An individual, previously on probation and fearing jail, was released after presenting certificates of dishonor and requesting judicial notice. The court, unwilling to deal with these instruments in law, released him. He recognized the value of this process and intends to help others understand it.
The father's actions, including filing specific petitions and exhibits, were intended to move the court to law but were not fully successful.
The father petitioned for judicial notice, brought in the judge's oath as an exhibit, and presented evidence. However, the court did not formally admit the evidence into the case file, and the judge has not rendered a decision, indicating the proceedings remain stuck in equity. The lack of UCC filings by the father may also be a factor.
Sections
Historical Curiosities and President's Terms
Presidents elected in years ending in zero often faced significant challenges or died in office.
A pattern is observed where US presidents elected in years ending in zero (1840, 1860, 1900, 1920, 1940, 1960) experienced death in office, assassination, or assassination attempts, with Ronald Reagan in 1980 being a survivor and 2000 remaining uncertain.
Eerie parallels exist between Abraham Lincoln and John F. Kennedy's presidencies and assassinations.
Detailed comparisons are drawn between Lincoln and Kennedy, including their election years (1846/1946 for Congress, 1860/1960 for President), their focus on civil rights, loss of children in the White House, being shot on a Friday, shot in the head, having secretaries named Lincoln/Kennedy, being assassinated by Southerners, succeeded by Southerners named Johnson (Andrew/Lyndon born 1808/1908), assassins (Booth/Oswald born 1839/1939) with 15-letter names, Lincoln shot in Ford's Theatre and Kennedy in a Lincoln (made by Ford) car, assassin hid in a warehouse while Kennedy was shot from one, both assassins killed before trial, and their last week's activities involving Maryland/Marilyn Monroe.
Legal Resources and Seminars
A comprehensive book on commercial and debtor-creditor law is recommended.
A book titled 'Commercial and Debtor Creditor Law,' particularly the 2001 edition with ISBN 1-58778-036-4, is mentioned. It contains the Uniform Commercial Code (UCC), bankruptcy procedures, Uniform Consumer Credit Code, and various federal lien statutes, serving as a textbook for commerce and banking courses.
A seminar on creditors and their bonds is scheduled for June 14, 2003, in Mesa, Arizona.
Cindy and Byron Beers are hosting a seminar on 'Creditors and Their Bonds' on Saturday, June 14, 2003, from 9 AM to 12 PM and 1 PM to 5 PM at 3828 East Covina, Mesa, Arizona. The cost is $35 for individuals and $50 for couples, with limited seating. Tapes from this and other seminars are usually available by contacting them at 480-654-3856.
Legal Maxims and Court Procedures
Acceptance for value is an administrative remedy, but judicial review is needed for due process.
Winston Strout explains that 'acceptance for value' is an administrative process that exhausts one's administrative remedy. However, true due process requires taking the administrative remedy into a court for judicial review to see if the process was correct. This involves both private and public witnesses, and a notary's protest serves as evidence of dishonor on the private side, but it must be mirrored into the public domain for judicial acceptance.
The creation of the 'Courier Regis' in 1178 AD fundamentally shifted dispute resolution from private to public.
In 1178 AD, under King Henry II, the 'Courier Regis' (Royal Court) was established by statute, prohibiting private dispute settlement. All disputes must now use the king's agents. This system, originating from English law, is argued to still be in effect, meaning private settlements are not recognized without the court's involvement.
Judicial review of administrative proceedings is necessary to gain legal standing and validity.
Even after a successful private administrative process, resulting in a certificate of protest (evidence of dishonor), it must be brought before a court for judicial review. Without this, the process remains administrative and lacks public recognition, meaning nothing has been legally achieved that the court can enforce.
Courts of equity presume jurisdiction and operate on assumptions, while courts of law require factual evidence.
Equity courts are based on assumptions and discretion, not strict evidence. They do not require judges to have oaths or bonds. In contrast, law courts operate on facts introduced according to rules of evidence. Since 1933, federal courts are presumed to be courts of equity, meaning judges act as administrators needing no oath or bond, operating on fiction rather than fact.
Converting a court from equity to law requires the judge to take mandatory judicial notice of their oath of office.
To move a court from the presumption of equity to law, one must compel the judge to take mandatory judicial notice of their oath of office. If the judge agrees, they are essentially entering into a contract with you, acknowledging a law court. If they refuse, their refusal can be used to establish their dishonor, potentially leading to the filing of a bond ex parte.
A 'colorable' pleading combines factual (law) and fictional (equity) elements, allowing the recipient to choose the court's jurisdiction.
Charging instruments in criminal cases are 'colorable,' meaning they contain true facts (law) but also presumptive charges (equity). The recipient, as the creditor, gets to choose whether the case proceeds in law or equity based on their response. Arguing the facts pushes the case to equity (illusion), while disputing the equity (presumptions) moves it to law.
Pleading 'not guilty' in a criminal case moves the proceedings to equity (illusion).
A 'not guilty' plea disputes the facts, which are considered true and part of the law. By disputing reality, the case is moved into equity, an illusionary realm where evidence is irrelevant. Conversely, pleading 'guilty' with an 'avoidance' means admitting facts but disputing the equity (conclusions of law), thereby moving the case to law.
A judge acting in law under their oath and bond must adhere to contracts and evidence, forfeiting their bond if they revert to equity.
If a judge takes judicial notice of their oath of office, they are bonded and must operate in law, enforcing contracts and examining evidence. If they attempt to revert to the fictions of equity, they violate their oath and forfeit their bond. The party who successfully moves the court to law gains control, effectively becoming the plaintiff and dictating the outcome based on contract.
In a court of equity, factual evidence is irrelevant and can interfere with assumptions and presumptions.
Equity courts operate on assumptions and fictions, not facts. Evidence presented according to rules of evidence is considered disruptive to the court's operation. Therefore, for a valid legal outcome, the court must first be converted into a court of law, where evidence is admissible and crucial.
The 'drawer' of a charging instrument determines the court's jurisdiction based on the response.
The legal instrument (e.g., citation, complaint) is a 'colorable' pleading, combining law and equity elements. The recipient, the 'draw-ee,' becomes the creditor and determines the court's jurisdiction by how they respond. Arguing facts moves to equity; disputing presumptions moves to law.
Obtaining a judgment in law requires presenting a contract, evidence of breach, and an assessment of damages.
To get a judgment in a law court, one must present the contract, then evidence of its breach, followed by an appraisal of damages. The breaching party accepting this assessment creates a new agreement, which the judge can then judicially notice and enforce, leading to a lawful execution or judgment.
The Uniform Commercial Code (UCC) is essential for understanding commercial energy and controlling legal outcomes.
The UCC is crucial for navigating commercial energy and establishing control. Without engaging with UCC processes to become a creditor and control assets, one remains under public policy (equity) and cannot effectively control legal proceedings or children, remaining essentially 'slaves of the state'.
Case Study: Custody Dispute and Legal Strategy
A father's custody case illustrates the struggle to move from equity to law in family court.
A father is trying to enforce a divorce decree and bring his children back to the state after his ex-wife violated custody orders by moving them out of state. Despite presenting evidence and petitions for judicial notice, the court remains in equity, refusing to rule decisively or enforce the existing agreements. The focus is on whether the father is adequately converting the proceedings to law.
The court’s reluctance to enforce orders and suggestions for new agreements indicate an equity-based proceeding.
The judge suggested the parents work out a new agreement rather than enforcing the existing court order. This, along with the court's delay in issuing a decision on petitions for judicial notice, demonstrates the court's operation in equity, where 'making an agreement' is favored over strict legal enforcement of prior contracts.
Sacrifice and willingness to compromise can be a strategy to navigate equity courts towards a resolution.
In a custody dispute akin to Solomon's judgment, the father's willingness to travel and meet the ex-wife's terms (even if inconvenient, like meeting in 'Timbuktu') could be seen as a sacrifice that forces the issue. If the ex-wife dishonors this new equitable agreement, it may provide grounds for the court to finally transition to law.
The father's actions, including filing specific petitions and exhibits, were intended to move the court to law but were not fully successful.
The father petitioned for judicial notice, brought in the judge's oath as an exhibit, and presented evidence. However, the court did not formally admit the evidence into the case file, and the judge has not rendered a decision, indicating the proceedings remain stuck in equity. The lack of UCC filings by the father may also be a factor.
Success Story and Final Thoughts
A man achieved freedom from probation by leveraging certificates of dishonor and judicial notice.
An individual, previously on probation and fearing jail, was released after presenting certificates of dishonor and requesting judicial notice. The court, unwilling to deal with these instruments in law, released him. He recognized the value of this process and intends to help others understand it.
Converting a court from equity to law is key to gaining control and achieving legal remedies.
The overarching theme is that understanding the difference between law and equity courts is crucial. By using specific legal strategies, such as proper pleading and demanding judicial notice of oaths, one can convert a presumed equity court into a law court, thereby gaining control of the proceedings and achieving desired judgments based on contracts and facts.
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