Podcasts about Law dictionary

Play Episode Listen Later Sep 26, 2022 50:29

Slam the Gavel welcomes Lisa Breece Linke, Director Of Operations at PAS Family Advocacy, BT, CDC. Lisa is a Mental Health professional driven to help others overcome personal obstacles. She is a responsible self-starter who communicates well and is dedicated to improving the well-being of her clients. Team-oriented Behavioral Specialist with a strong track record of establishing solid relationships with her clients, co-workers and administration and local agencies, Lisa has successfully worked with diverse client population in one-on-one and group settings. Lisa is also a skilled Behavioral Specialist with an expertise in the identification and management of mental illnesses. We discussed her work at San Diego Center for Children and Residential Care, from there she went into Behavior Therapy which included the Autism community. Our discussion also included the lack of training in Social Workers, Case Workers and Guardian Ad Litem who have very little Child Development background. Fascinating discussion included 1997 ASFA, Child Trafficking with over 800,000 children gone missing. The fictitious Family Courts and that the judges are a corporate entity, a registered agent and is insured with indemnity insurance is something all litigants should explore when finding malfeasance in their case. Advice was given if CPS comes to your door as well and that caseworkers also have their own insurances. We discussed that all litigants Pro Se or otherwise get the Black's Law Dictionary which Lisa has a free PDF for parents on her web-site.To Reach Lisa: lisa@pasfamilyadvocacy.com mailto:Admin@PASFamilyAdvocacy.commailto:CFAlawsuit@activist.comPAS Family Advocacy: 858-260-8458Supportshow(https://www.buymeacoffee.com/maryannpetri)http://beentheregotout.com/http://www.dismantlingfamilycourtcorruption.com/Music by: mictechmusic@yahoo.comBustin' Chops & Callin' ShotsEach week Josh and Jon sit down to give their take on travel sports and everything in...Listen on: Apple Podcasts SpotifySupport the show

Lisa Breece Linke, Director Of Operations At PAS Family Advocacy , BT, CDC, Discusses The Corrupt Family Court And Judge's Insurance Policies

Far Out With Faust (FOWF)

Play Episode Listen Later Sep 26, 2022 49:41

Slam the Gavel welcomes Lisa Breece Linke, Director Of Operations at PAS Family Advocacy, BT, CDC. Lisa is a Mental Health professional driven to help others overcome personal obstacles. She is a responsible self-starter who communicates well and is dedicated to improving the well-being of her clients. Team-oriented Behavioral Specialist with a strong track record of establishing solid relationships with her clients, co-workers and administration and local agencies, Lisa has successfully worked with diverse client population in one-on-one and group settings. Lisa is also a skilled Behavioral Specialist with an expertise in the identification and management of mental illnesses. We discussed her work at San Diego Center for Children and Residential Care, from there she went into Behavior Therapy which included the Autism community. Our discussion also included the lack of training in Social Workers, Case Workers and Guardian Ad Litem who have very little Child Development background. Fascinating discussion included 1997 ASFA, Child Trafficking with over 800,000 children gone missing. The fictitious Family Courts and that the judges are a corporate entity, a registered agent and is insured with indemnity insurance is something all litigants should explore when finding malfeasance in their case. Advice was given if CPS comes to your door as well and that caseworkers also have their own insurances. We discussed that all litigants Pro Se or otherwise get the Black's Law Dictionary which Lisa has a free PDF for parents on her web-site. To Reach Lisa: lisa@pasfamilyadvocacy.com mailto:Admin@PASFamilyAdvocacy.com mailto:CFAlawsuit@activist.com PAS Family Advocacy: 858-260-8458 Supportshow(https://www.buymeacoffee.com/maryannpetri) http://beentheregotout.com/ http://www.dismantlingfamilycourtcorruption.com/ Music by: mictechmusic@yahoo.com

Mastering Your Limitless Human Potential | Matt Belair

Play Episode Listen Later Jun 13, 2022 74:42

On episode 63 of the Far Out with Faust podcast, we talk to @Matthew Belair : spiritual trailblazer, athlete, elite performance coach to Olympians and CEOs, and best-selling author. Matt is the host of the Master Mind Body and Spirit podcast — number 1 on iTunes in over 10 countries, with over 100 million minutes listened. Matt shares his personal enlightenment journey, from meditating with Buddhist monks in Nepal, to studying with Native American elders in North America, to training with Shaolin monks in China.Did we mention he spent time in Thailand practicing martial arts? Matt also tells Faust about a crazy trip with @Nassim Haramein to the Great Pyramids of Egypt. You don't want to miss his story about being in the king's tomb with a whole bunch of ark crystals and his encounter with Thoth.This guy puts his money where his mouth is. He doesn't just Google it — or even read about it (remember books?) — he's trekking around the world and getting after it. These days, Matt is hyper-focused on becoming the strongest person he can possibly be — literally. Hear how he's using his workout routine to elevate his body and mind, and how he balances his own spiritual practice with the demands of being a husband, father, and entrepreneur. Matt is passionate about mastering human potential, and learning everything he can about what's most important and interesting to him. Spoiler: there's way more here than mindfulness and athletic training. Learn what Matt really thinks about meditation — and why the Native Americans he's studied with don't believe in the practice. And if you're looking for the very best technique to tap into consciousness, Matt has the secret.We delve into his mind-blowing revelations about our legal system and explain what you need to know to defend your rights as an American. Learn why everyone should be familiar with Black's Law Dictionary — now more than ever, with arbitrary and illegal mandates. Hear his take on who's really keeping the masses in check. Hint: it's not the global elite!Matt has almost 600 podcast episodes — he'll tell you which ones are some of his top favorites. And stay till the end, when he shares with Faust a profound message for humanity.Connect with Matt BelairWebsite: https://mattbelair.com/YouTube: https://www.youtube.com/channel/UC8ZfWD99m5xhQBU_tp11wfgInstagram: https://www.instagram.com/matt.belair/Master Mind Body and Spirit Podcasthttps://mattbelair.com/podcast/https://podcasts.apple.com/us/podcast/master-mind-body-and-spirit/id1098006247

Contract law (2022): Breach of contract: Efficient breach

Play Episode Listen Later Apr 12, 2022 8:21

In legal theory, particularly in law and economics, efficient breach is a voluntary breach of contract and payment of damages by a party who concludes that they would incur greater economic loss by performing under the contract. Development of the theory. The theory of efficient breach seeks to explain the common law's preference for expectation damages for breach of contract, as distinguished from specific performance, reliance damages, or punitive damages. According to Black's Law Dictionary, efficient breach theory is "the view that a party should be allowed to breach a contract and pay damages, if doing so would be more economically efficient than performing under the contract." Expectation damages, according to the theory, give parties an incentive to breach when and only when performance is inefficient. Judicial laws that govern contractual agreements and the damages to be incurred upon the breach of an agreements have existed since the 15th century. The motivating factor for establishing the standards of efficient breach was to ensure that the agreement fell under the enforceable fixing of the damages by the execution. this, therefore, stated that there should be a prior forecast or prediction of the provable injury resulting to the breach, otherwise, the breach will be unenforceable and then and breaching party will be limited to unconventional damage measures liquidated. The common law courts then continued to revisit the provisions of liquidated damage provision from the "breacher" compensating for injury and losses only, to a consideration of cost and damages incurred during the process of breaching the contract, as well as the benefits that breaching the contract may have already experienced from the contract. As such, the non-breacher of the contract is in the same position as if the contract had undertaken its full performance, thus, establishing and maintaining efficiency value of the rule The first statement of the theory of efficient breach appears to have been made in 1970 in a law review article by Robert L. Birmingham in "Breach of Contract, Damage Measures, and Economic Efficiency". The theory was named seven years later by Charles Goetz and Robert Scott. Efficient breach theory is commonly associated with Richard Posner and the Law and Economics school of thought. Posner explains his views in his majority opinion in Lake River Corp. v Carborundum Co. (1985). Simple versions of the efficient breach theory employed arguments from welfare economics, operating on the premise that legal rules should be designed to give parties an incentive to act in ways that maximize aggregate welfare or achieve Pareto efficiency. More sophisticated versions of the theory maintain that parties themselves prefer remedies that incentivize efficient breach, as efficient breach maximizes the gains of trade from transacting. As Richard Posner and Andrew Rosenfeld put the point, "the more efficiently the exchange is structured, the larger is the potential profit of the contract for the parties to divide between them." --- Send in a voice message: https://anchor.fm/law-school/message Support this podcast: https://anchor.fm/law-school/support

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Contract law (2022): Defenses against formation: Duress

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Play Episode Listen Later Nov 23, 2021 9:47

In jurisprudence, duress or coercion refers to a situation whereby a person performs an act as a result of violence, threat, or other pressure against the person. Black's Law Dictionary (6th edition) defines duress as "any unlawful threat or coercion used... to induce another to act in a manner otherwise would not ". Duress is pressure exerted upon a person to coerce that person to perform an act they ordinarily would not perform. The notion of duress must be distinguished both from undue influence in the civil law. In criminal law, duress and necessity are different defenses. Duress has two aspects. One is that it negates the person's consent to an act, such as sexual activity or the entering into a contract; or, secondly, as a possible legal defense or justification to an otherwise unlawful act. Defendants utilizing the duress defense admit to breaking the law but claim that they are not liable because, even though the act broke the law, it was only performed because of extreme, unlawful pressure. In criminal law, a duress defense is similar to a plea of guilty, admitting partial culpability, so that if the defense is not accepted then the criminal act is admitted. Duress or coercion can also be raised in an allegation of rape or other sexual assault to negate a defense of consent on the part of the person making the allegation. Discussion. A defendant who raises a defense of duress has actually done everything to constitute the actus reus of the crime, and has the mens rea because they intended to do it to avoid some threatened or actual harm. Thus, some degree of culpability already attaches to the defendant for what was done. In criminal law, the defendant's motive for breaking the law is generally irrelevant unless a defendant is raising an affirmative defense allowed for by law. (Duress may or may not be allowed as an affirmative defense for some particular charge -- in particular, it is generally forbidden for murder, and many jurisdictions also forbid it for sexual assault. Malum in se offences, generally, are less likely to recognize duress as a defense than malum prohibitum offences.) A successful affirmative defense means not that a criminal act was justified, but that the act was not criminal at all. But if no affirmative defense of duress is available, then the duress may be considered as justifying a lighter sentence, typically in proportion to the degree of duress. If the duress is extreme enough, for example, the defendant might be found guilty of murder but given a minimal, or even trivial, sentence. In some rare cases, a successful argument of duress -- even when not an affirmative defense -- might result in the jury nullifying the charge by refusing to convict. The basis of the defense is that the duress actually overwhelmed the defendant's will and would also have overwhelmed the will of a person of ordinary courage (a hybrid test requiring both subjective evidence of the accused's state of mind, and an objective confirmation that the failure to resist the threats was reasonable), thus rendering the entire behavior involuntary. Thus, the liability should be reduced or discharged, making the defense one of exculpation. --- Send in a voice message: https://anchor.fm/law-school/message Support this podcast: https://anchor.fm/law-school/support

The False Claims Act and the Qui Tam Suit

Play Episode Listen Later Nov 18, 2021 15:08

A Video Explaining An SIU Profit Center The False Claims Act, also known as the “Lincoln Law,” dates back to the Civil War. President Lincoln signed the act into law in 1863 because war profiteers were selling the Union Army shoddy supplies at inflated prices. The original law included qui tam provisions that allowed a private person (plaintiff) to sue those who defrauded the federal government. If the suit was successful the plaintiff would receive 50% of any recovery from the defendant. “Qui tam” is an abbreviation of the Latin phrase “qui tam pro domino rege quam pro si ipso in hac parte sequitur” meaning “Who sues on behalf of the King as well as for himself.” There are a number of pronunciations of the Latin abbreviation qui tam. The simplest is key tam (rhymes with “ham.”) Black's Law Dictionary suggests kweye (rhymes with “eye”) tam. The False Claims Act makes it unlawful to knowingly (1) present or cause to be presented to the United States a false or fraudulent claim for payment or approval, 31 U.S.C. § 3729(a)(1) (2006); (2) make or use a false record or statement material to a false or fraudulent claim, § 3729(a)(1)(B); or (3) use a false record or statement to conceal or decrease an obligation to pay money to the United States, § 3729(a)(7) (2006). Under the Act, private individuals ..., referred to as “relators,” may file civil actions known as qui tam actions on behalf of the United States to recover money that the government paid as a result of conduct forbidden under the Act. Glaser v. Wound Care Consultants, Inc., 570 F.3d 907, 912 (7th Cir. 2009). As an incentive to bring suit, a prevailing relator may collect a substantial percentage of any funds recovered for the benefit of the government. To establish civil liability under the False Claims Act, a relator generally must prove (1) that the defendant made a statement in order to receive money from the government; (2) that the statement was false; and (3) that the defendant knew the statement was false. E.g., United States Ex Rel. Gross v. Aids Research Alliance–Chicago, 415 F.3d 601, 604 (7th Cir. 2005); USA and the State of Wisconsin v ACACIA Mental Health Clinic, USCA, 2016 WL 4555648 (2016). © 2021 – Barry Zalma Barry Zalma, Esq., CFE, now limits his practice to service as an insurance consultant specializing in insurance coverage, insurance claims handling, insurance bad faith and insurance fraud almost equally for insurers and policyholders. --- Support this podcast: https://anchor.fm/barry-zalma/support

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The False Claims Act and Qui Tam Actions

The Study Legal English Podcast

Play Episode Listen Later Sep 23, 2021 17:02

Explaining the False Claims Act and How Insurers Can Take Advantage of it to Deter Fraud https://zalma.com/blog The False Claims Act, also known as the “Lincoln Law,” dates back to the Civil War. President Lincoln signed the act into law in 1863 because war profiteers were selling the Union Army shoddy supplies at inflated prices. The original law included qui tam [“Qui tam” is an abbreviation of the Latin phrase “qui tam pro domino rege quam pro si ipso in hac parte sequitur” meaning “Who sues on behalf of the King as well as for himself.” There are a number of pronunciations of the Latin abbreviation qui tam. The simplest is key tam (rhymes with “ham.”) Black's Law Dictionary suggests kweye (rhymes with “eye”) tam.provisions that allowed a private person (plaintiff) to sue those who defrauded the federal government. If the suit was successful the plaintiff would receive 50% of any recovery from the defendant.] The qui tam provisions were weakened greatly as a result of congressional amendments in 1943, and qui tam legislation became virtually nonexistent. However, in 1986, Sen. Charles Grassley, R–Iowa, and Rep. Howard Berman, D Calif., joined forces to amend the law and strengthen the incentives for citizens to uncover and fight fraud as qui tam relators. (Relators are the private plaintiffs under the False Claims Act). The 1986 False Claims Act amendments received widespread bi-partisan support, and were signed into law by President Reagan. Since the revitalization, the qui tam provisions have increasingly been used. If the government does intervene, it assumes primary responsibility for the prosecution of the case, and is not bound by any act of the relator. 31 U.S.C. § 3730(c)(1). The relator remains as a party to the action, however, subject to certain limitations set forth in the Act. Id. Specifically, the government may dismiss the action notwithstanding the objections of the relator, provided, however, that “the person has been notified by the Government of the filing of the motion and the court has provided the person with an opportunity for a hearing on the motion.” [31 U.S.C. § 3730(c)(2)(A).; U.S. ex rel. Atkins v. EEOC, 1993 U.S. Dist. LEXIS 21268.] Since the qui tam provisions were added to the Act in 1986, the US Department of Justice calculates that the government has recovered more than $1.09 billion in qui tam cases, with whistleblowers receiving nearly 18% (or $184 million) of the government's recovery. When considering a qui tam action be certain, however, that the authorizing statute authorizes the action. ZALMA OPINION Insurance fraud is ever growing with estimates from $80 billion to $300 billion a year. The Qui Tam suit is a method to deter insurance fraud by hitting the fraud perpetrator in the pocket book and deter the crime when the state or federal government refuses to file criminal actions. © 2021 – Barry Zalma --- Support this podcast: https://anchor.fm/barry-zalma/support

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109: Michael Lindner - TransLegal's Online Legal English Resources (Interview)

Play Episode Listen Later Aug 9, 2021 32:30

An interview with Michael Lindner CEO of TransLegal.

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OATH AND COVENANT OF PRIESTHOOD, Chapter 6 Of Holy Priesthood Volume 6

Fundamentally Mormon

Play Episode Listen Later Jul 15, 2021 101:00

OATH AND COVENANT OF PRIESTHOOD, Chapter 6 Of Holy Priesthood Volume 6 Pages 72 to 86 http://ogdenkraut.com/?page_id=30 A covenant concerns two persons. Both parties must do something to make the covenant effective. That principle is in full operation in the oath and covenant of the priesthood. He who receives the priesthood covenants to magnify his calling in the priesthood. That makes the covenant valid. That is too often forgotten. (Evidences and Reconciliation, Widtsoe, p. 253) When a man receives the Holy Priesthood, he receives more than just its authority; he accepts the oath and covenant attached thereto. “Therefore, all those who receive the priesthood, receive this oath and covenant of my Father. . . .” (D & C 84:40) However, the oath and covenant do not apply to all orders of Priesthood, as Joseph Smith explained: The 3rd [order] is what is called the Levitical Priesthood, consisting of priests to administer in outward ordinance, made without an oath; but the Priesthood of Melchizedek is by an oath and covenant. (DHC 5:555) But first of all, let's define these legal terms of oath and covenant: Oath: An external pledge or assertion, made in verification of statements made or to be made…. Oath of Allegiance: An oath by which a person promises and binds himself to bear allegiance to a particular [73] sovereign or government. (Black's Law Dictionary, p. 840) Covenant: Those in which the party binds himself to the future performance of some act. A covenant which has for its object something annexed to, or inherent in, or connected with land or other real property. (Black's Law Dictionary, p. 293)

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Qui Tam Actions Stop Insurance Fraud

Play Episode Listen Later Jul 1, 2021 16:56

Explaining How Citizens Can Act to Defeat Insurance Fraud https://zalma.com/blog The False Claims Act, also known as the “Lincoln Law,” dates back to the Civil War. President Lincoln signed the act into law in 1863 because war profiteers were selling the Union Army shoddy supplies at inflated prices. The original law included qui tam [ “Qui tam” is an abbreviation of the Latin phrase “qui tam pro domino rege quam pro si ipso in hac parte sequitur” meaning “Who sues on behalf of the King as well as for himself.” There are a number of pronunciations of the Latin abbreviation qui tam. The simplest is key tam (rhymes with “ham.”) Black's Law Dictionary suggests kweye (rhymes with “eye”) tam.] provisions that allowed a private person (plaintiff) to sue those who defrauded the federal government. If the suit was successful the plaintiff would receive 50% of any recovery from the defendant. The qui tam provisions were weakened greatly as a result of congressional amendments in 1943, and qui tam legislation became virtually nonexistent. However, in 1986, Sen. Charles Grassley, R–Iowa, and Rep. Howard Berman, D Calif., joined forces to amend the law and strengthen the incentives for citizens to uncover and fight fraud as qui tam relators. (Relators are the private plaintiffs under the False Claims Act). The 1986 False Claims Act amendments received widespread bi-partisan support, and were signed into law by President Reagan. Since the revitalization, the qui tam provisions have increasingly been used. The False Claims Act makes it unlawful to knowingly (1) present or cause to be presented to the United States a false or fraudulent claim for payment or approval, 31 U.S.C. § 3729(a)(1) (2006); (2) make or use a false record or statement material to a false or fraudulent claim, § 3729(a)(1)(B); or (3) use a false record or statement to conceal or decrease an obligation to pay money to the United States, § 3729(a)(7) (2006). Under the Act, private individuals ... , referred to as “relators,” may file civil actions known as qui tam actions on behalf of the United States to recover money that the government paid as a result of conduct forbidden under the Act. © 2021 – Barry Zalma --- Support this podcast: https://anchor.fm/barry-zalma/support

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Qui Tam Actions Stop Insurance Fraud

Play Episode Listen Later Jun 30, 2021 16:42

Explaining How Citizens Can Act to Defeat Insurance Fraud https://zalma.com/blog The False Claims Act, also known as the “Lincoln Law,” dates back to the Civil War. President Lincoln signed the act into law in 1863 because war profiteers were selling the Union Army shoddy supplies at inflated prices. The original law included qui tam [ “Qui tam” is an abbreviation of the Latin phrase “qui tam pro domino rege quam pro si ipso in hac parte sequitur” meaning “Who sues on behalf of the King as well as for himself.” There are a number of pronunciations of the Latin abbreviation qui tam. The simplest is key tam (rhymes with “ham.”) Black's Law Dictionary suggests kweye (rhymes with “eye”) tam.] provisions that allowed a private person (plaintiff) to sue those who defrauded the federal government. If the suit was successful the plaintiff would receive 50% of any recovery from the defendant. The qui tam provisions were weakened greatly as a result of congressional amendments in 1943, and qui tam legislation became virtually nonexistent. However, in 1986, Sen. Charles Grassley, R–Iowa, and Rep. Howard Berman, D Calif., joined forces to amend the law and strengthen the incentives for citizens to uncover and fight fraud as qui tam relators. (Relators are the private plaintiffs under the False Claims Act). The 1986 False Claims Act amendments received widespread bi-partisan support, and were signed into law by President Reagan. Since the revitalization, the qui tam provisions have increasingly been used. The False Claims Act makes it unlawful to knowingly (1) present or cause to be presented to the United States a false or fraudulent claim for payment or approval, 31 U.S.C. § 3729(a)(1) (2006); (2) make or use a false record or statement material to a false or fraudulent claim, § 3729(a)(1)(B); or (3) use a false record or statement to conceal or decrease an obligation to pay money to the United States, § 3729(a)(7) (2006). Under the Act, private individuals ... , referred to as “relators,” may file civil actions known as qui tam actions on behalf of the United States to recover money that the government paid as a result of conduct forbidden under the Act. © 2021 – Barry Zalma --- Support this podcast: https://anchor.fm/barry-zalma/support

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Jacqueline Pidanick, Advanced Personal Trainer, Paralegal And How She Began The #beloud Movement To Help Parents Navigate Through The Corrupt Family Courts

Play Episode Listen Later Jun 18, 2021 49:16

On Slam the Gavel, guest, Jacqueline Pidanick is a Paralegal who studied at South Carolina University and studied law at Purdue. She also started the #beloud movement on Facebook six years ago to help parents navigate through the Family Court and shed light on the corruption that plagues the Family Courts that in turn destroys not only parents but children. Jacqueline states that children are not used cars and we as parents, representing ourselves must protect our children from abusers. She encourages parents to educate themselves on the Constitution of the United States and Case Law. The Black's Law Dictionary is an extremely helpful tool in learning the law as we encouraged parents to obtain a copy. When a parent arms themselves with the knowledge of the law, they build self confidence and in turn become a force to be reckoned with in a corrupt Family Court. Great conversation with Jacqueline about her own personal struggles, going to Purdue and her experiences in the courtroom. A true champion and a warrior for struggling parents, Jacqueline gives much encouragement to others to go on and fight for justice. To Reach out to Jacqueline Pidanick: Facebook #beloud dismantlingfamilycourtcorruption.com Music provided by:mictechmusic@yahoo.com Support the show (https://www.buymeacoffee.com/maryannpetri)

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Jacqueline Pidanick, Advanced Personal Trainer, Paralegal And How She Began The #beloud Movement To Help Parents Navigate Through The Corrupt Family Courts

Play Episode Listen Later Jun 18, 2021 49:16

On Slam the Gavel, guest, Jacqueline Pidanick is a Paralegal who studied at South Carolina University and studied law at Purdue. She also started the #beloud movement on Facebook six years ago to help parents navigate through the Family Court and shed light on the corruption that plagues the Family Courts that in turn destroys not only parents but children. Jacqueline states that children are not used cars and we as parents, representing ourselves must protect our children from abusers. She encourages parents to educate themselves on the Constitution of the United States and Case Law. The Black's Law Dictionary is an extremely helpful tool in learning the law as we encouraged parents to obtain a copy. When a parent arms themselves with the knowledge of the law, they build self confidence and in turn become a force to be reckoned with in a corrupt Family Court. Great conversation with Jacqueline about her own personal struggles, going to Purdue and her experiences in the courtroom. A true champion and a warrior for struggling parents, Jacqueline gives much encouragement to others to go on and fight for justice.To Reach out to Jacqueline Pidanick: Facebook #beloudhttp://www.dismantlingfamilycourtcorruption.com/Music provided by:mictechmusic@yahoo.comSupport the show (https://www.buymeacoffee.com/maryannpetri)

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Zalma's Insurance Fraud Letter - June 15, 2021

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Play Episode Listen Later Jun 15, 2021 17:25

ZIFL - 06-15-2021 https://zalma.com/blog Quote of the Issue - “Learn from yesterday, live for today, hope for tomorrow.” - Albert Einstein What Is Insurance Fraud? When an insurer is asked to pay a fraudulent insurance claim it is the victim of a tort, a civil wrong and in most states, a crime. Black's Law Dictionary, 6th Edition, defines fraud as: "An intentional perversion of the truth for the purpose of inducing another in reliance upon it to part with some valuable thing belonging to him or to surrender a legal right; a false representation of a matter of fact, whether by words or by conduct, by false or misleading allegations or by concealment of that which should have been disclosed, which deceives and is intended to deceive another so that he shall act upon it to his legal injury." In simple language, fraud can be defined as a lie told for the purpose of obtaining money from another who believes the lie to be true. Civil insurance fraud exists if an insured: Go Directly to Jail – Arson for Profit Fails Setting a Fire and Presenting a Claim for Items Not Burned is Insurance Fraud & Arson Postal Inspector Guilty of Insurance Fraud After Pleading Guilty Defendant's Petition Coram Nobis Fails to Reverse His Conviction Jason Weber pled guilty to a charge of theft of government funds. At the time of the offense, Weber was serving as a postal inspector. The Court sentenced him to a two-year term of probation and ordered him to pay $65,634 in restitution. He has filed a petition for writ of coram nobis, alleging that “new evidence” suggests that his indictment may have been based on “malfeasance and mishandling of evidence” on the part of the government. In United States of America v. Jason Weber, Case No. 14 CR 241, USDC (June 2, 2021) the USDC considered Weber's attempt to reverse his conviction. Health Insurance Fraud Convictions Marketing From Dennis Richard My friend, Dennis Richard, is back offering his over 30 Years of Strategic Business-to-Business Marketing Experience in the Insurance Industry gained from, among other tools like the Insurance Broadcast System and World Risk and Insurance News, that I was honored to appear in as an expert on insurance claims. Other Insurance Fraud Convictions Zalma on Insurance Blog Posting © 2021 – Barry Zalma --- Support this podcast: https://anchor.fm/barry-zalma/support

What is the Legal Meaning of Expunging or Expunction of Adverse Remarks?

Play Episode Listen Later Jun 14, 2021 7:34

Telegram: https://t.me/Legal_Talks_by_DesiKanoon YouTube Channel: https://www.youtube.com/channel/UCMmVCFV7-Kfo_6S42kPhz2w Apple Podcasts: https://podcasts.apple.com/us/podcast/legal-talks-by-desikanoon/id1510617120 Spotify: https://open.spotify.com/show/3KdnziPc4I73VfEcFJa59X?si=vYgrOEraQD-NjcoXA2a7Lg&dl_branch=1&nd=1 Google Podcasts: https://podcasts.google.com/feed/aHR0cHM6Ly9mZWVkcy5zaW1wbGVjYXN0LmNvbS84ZTZTcGREcw?sa=X&ved=2ahUKEwiuz4ifzpLxAhVklGMGHb4HAdwQ9sEGegQIARAD Amazon Music: https://music.amazon.com/podcasts/4b89fb71-1836-414e-86f6-1116324dd7bc/Legal-Talks-by-Desikanoon Dictionary Meaning Black's Law Dictionary, Eighth Edition (2004), defines as follows: - 1. Expunge – a. To erase or destroy;b. To declare null and outside the record, so that it is noted in the original record expunged, and redacted from all future copies;c. rescind. 2. Expunction – Where it is desired not only to rescind an action but to express very strong disapproval, legislative bodies have voted to rescind the objectionable action and expunge it from the record. When a record has been expunged, the chief legislative officer should cross out the words or draw a line around them in the original minutes and write across them the words, ‘Expunged by order of the Senate (or house), giving the date of the order. 3. Expungement of record – The removal of a conviction from a personal's criminal record. Thus, the plain meaning of ‘expunge' is to rescind or erase or destroy. Let us now understand the meaning and the effect of expunging or expungement or expunction with the help of Judicial Precedents. Important Judicial Precedents 1. B.C. Dwivedi v. State of Gujarat, 1995 SCC OnLine Guj 190 - If any adverse material is taken into consideration against a government servant to his/her detriment and such material has later on become non-existent, then his/her case is entitled to be reconsidered on the ground that Article 16 of the Constitution of India mandates fair consideration. 2. M. Paramsivam v. Union of India, 2008 SCC OnLine Mad 721 – In case of a matter relating to promotion, tenable explanation or statement is required from the Competent Authority as to how the expunction of adverse remarks had no consequence on grading already made in relation to the government servant whose promotion is in question. 3. U.S. v. Abilene & Southern Railway Company, 265 US 274 – “It is a denial of due process for a commission to rest on conclusion upon facts of which he takes judicial notice, where the facts are unknown and there is no way to find them out such facts being withheld from the record”. 4. Purshottam Dass Gupta v. Union of India, 1999 SCC OnLine Del 420 – “The authority exercising quasi judicial power is under an imperative constitutional obligation with a sense of official responsibility for impartial with objective consideration of materials available on record.”5. U.P. Jal Nigam v. S.C. Atri, (1999) 1 SCC 241 – The effect of the order allowing the expunction of the adverse entry would be that on the date on which the government servant was considered for promotion, there existed no adverse entry in his/her character roll. Subsequently, it cannot be said that such government servant was not promoted on account of his unsuitability. 6. Baijnath Rajput v. State of M.P., 2005 SCC OnLine MP 324 – If the adverse Annual Confidential Reports (ACRs) are expunged, it would mean that they were not in existence. An employee is entitled for the benefit after the expunction of his adverse ACRs, otherwise there would be no use for expunging his adverse ACRs. The legal effect of setting aside of adverse remarks would be that the remarks must be treated as non-existent in the eye of law. Conclusion We see that an employee is entitled to claim benefits of the expunging of adverse remarks. However, cogent reasons will have to be cited for expunging of adverse remarks and it would have to be explained how those remarks will affect the career progression of the concerned employee. Similarly, in legislatures too, sometimes certain remarks are made that should otherwise not have been made. Expungement of record is a valuable tool in such situations in the hands of the legislature to strike off such remarks from the record as though they never existed.

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What is the Doctrine of Functus Officio?

Play Episode Listen Later Jun 12, 2021 9:58

Plain Meaning of functus officio 1. Black's Law Dictionary, Eighth Edition (2004), defines functus officio as: - “having performed his or her office (of an officer or official body) without further authority or legal competence because the duties and functions of the original commission have been fully accomplished.” 2. P. Ramanatha Aiyar's Law Lexicon provides its meaning as: - “A term applied to something which once has had a life and power, but which has become of no virtue whatsoever. Thus, when an agent has completed the business which he was entrusted his agency is functus officio.” 3. Wharton's Law Lexicon, Fourteenth Edition, defines it as: - “a person who has discharged his duties, or whose office or authority is at an end.” 4. Trayner's Latin Maxims, Fourth Edition, explains it as: - “Having discharged his official duty. This is said of any one holding a certain appointment, when the duties of his office have been discharged. Thus a Judge, who has decided a question brought before him, is functus officio and cannot review his own decision.” 5. Corpus Juris Secundum defines it as: - “literally having discharged his duty. Having fulfilled the function, discharged the office, or accomplished the purpose, and therefore, of no further force or authority”. Hence, the plain meaning of functus officio is that when an office or a position ceases to have any functionality or when its functions are completed. Let us also understand its meaning with the help of judicial precedents of India. Judicial Precedents on the Doctrine of functus officio 1. Lalit Narain Mishra v. State of Himachal Pradesh and Others, 2016 SCC OnLine HP 2866 - In this case, the Petitioner was seeking the writ of mandamus in a matter that had already been decided by the Court. The Court denied such relief and observed that: - “19. “Functus officio” is a Latin term meaning having performed his or her office. With regard to an officer or official body, it means without further authority or legal competence because the duties and functions of the original commission have been fully accomplished.20. “Functus” means having performed and “officio” means office…..….25. In other words, the authority, which had a life and power, has lost everything on account of completion of purpose/activities/act.26. Notably, what the petitioner is seeking is virtually a writ of mandamus in a decided case, which is legally impressible.” 2. Bhupendra Kumar Dash v. State of Odisha and Others, AIR 2016 Ori 167 – In this case, it was observed that once a District Tender Committee approves a Tender, it becomes functus officio and in the same manner, when an Arbitrator pronounces its award, it becomes functus officio. 3. Smt. Tara Devi v. State of UP through Secretary, Panchayati Raj, Lucknow and Others, 2010 SCC OnLine All 3016 – In this case, it was observed that a Returning Officer who had formally declared the results of an Election becomes functus officio and has no further power left to rectify the errors in the Electoral Process. It was further observed that if this Doctrine is applied to an officer whose term has expired, it would mean that he has no official authority left to discharge any function. 4. B.M. Jain and Sons Co. P. Ltd. v. Bombay Cable Car Co. P. Ltd., 2009 SCC OnLine CLB 71 – If a Court disposes of a Petition with a certain direction, then till such direction is complied with or becomes complete, the Court continues to have jurisdiction and cannot be considered to have become functus officio. 5. V.G. Naidu v. Pahlajraj Gangaram, 2016 SCC OnLine Mad 9710 – This was a case in relation to Order XXI of the Code of Civil Procedure, 1908 relating to Execution Proceedings and the Court observed that till the time of limitation subsists, there could be any number of Execution Applications and if the statute provides power to correct certain kinds of errors, then the Doctrine of Functus Officio would be subject to such qualifications and its applicability would depend “upon the nature and extent of power conferred on the authority functioning.” It was also observed that: - “The principle of finality is attached to the doctrine of functus officio, but, there are exceptions to the principle of finality. However, the Court's inherent power to set aside a judgment will only be invoked in exceptional circumstances to avoid a miscarriage of justice. Fraud is a genuine, albeit limited, exception to the important principle of finality of litigation.” 6. SBI v. S.N. Goyal, (2008) 8 SCC 92 – Order XX of the Code of Civil Procedure, 1908 was discussed that deals with Judgments and Decrees. It was observed that Order XX Rule 1 (3) provides that a judgment may be dictated in open court and its transcript forms a part of the record of the case, after making such corrections as may be necessary. And Order XX Rule 3 provides that once a judgment has been pronounced and signed, it shall afterwards be altered or added to only according to law. Hence, mere dictation does not amount to pronouncement and “therefore, a Judge becomes functus officio when he pronounces, signs and dates the judgment (subject to Section 152 and power of review).” It was further observed that the situation might be slightly different for quasi-judicial authorities and “when an order is made in an office noting in a file but is not pronounced, published or communicated, nothing prevents the authority from correcting it or altering it for valid reasons. But once the order is pronounced or published or notified or communicated, the authority will become functus officio.” 7. Komal Chand v. State of Madhya Pradesh, 1965 SCC OnLine MP 31 – In this case, it was observed that “the Court had no power to recall and impound a certificate of sale after executing it and delivering it to the purchaser, or to reopen a case and impound documents proved after signing the decree, or to impound an instrument admitted in evidence after delivery of judgment.” The Court further observed that in the same manner when a Sub-Registrar registers a document, it becomes functus officio and thereafter it has no power to impound the same. 8. Govt. of U.P. v. Raja Mohd. Amir Ahmad Khan, (1962) 1 SCR 97 – The Supreme Court observed that once a Collector determines the Stamp Duty to be paid on an Instrument, it becomes functus officio and it could not impound the Instrument thereafter. Concluding Remarks We see that the Doctrine of Functus Officio is a doctrine of wide application, and it could be applied to both the judicial and the quasi-judicial authorities. I feel that it also acts as a matter of propriety that once an Order or a Decision has been pronounced, the authorities or the judges cannot take back the same. If the Doctrine of Functus Officio is not applied, then it would mean chaos for the Applicants and the litigating parties since the authorities, or the judges would be able to change their Orders at whim and there would be no certainty left with respect to any Order passed by any authority or Court.

What is the Meaning of Prima Facie and Prima Facie Case?

Play Episode Listen Later Jun 10, 2021 8:08

Introduction The term prima facie is a term of wide amplitude, and it has acted as a potent tool for the courts to ascertain whether a case is worth listening to or not. It is also useful in the law of evidence wherein for specific purposes such as framing of charges or temporary injunction, a prima facie case is required to be established. Usually, these terms are taken for granted and their dictionary meaning though explains what they mean, yet the dictionary meaning is not sufficient in order to understand and ascertain the application of terms like prima facie. Hence, there is a conscious need to look into the various case-laws as well that elucidate the importance of these terms. Plain Meaning of Prima Facie Black's Law Dictionary, Eighth Edition (2004), defines prima faciein three ways: - 1. Prima Facie (adjective) – Sufficient to establish a fact or a raise a presumption unless disproved or rebutted. 2. Prima facie (adverb) – At first sight; on first appearance but subject to further evidence or information. 3. Prima facie case – The establishment of a legally required rebuttable presumption; a party's production of enough evidence to allow the fact-trier to infer the fact at issue and rule in the party's favour. Now let us understand the meaning of prima facie and prima facie case as has been discussed by the Indian Courts. Indian Courts on Prima Facie and PrimaFacie Case 1. Pranballav Saha v. Smt. Tulsibala Dassi, AIR 1958 Calcutta 713 – In this case, ejectment from suit-property was sought on the ground of using it for immoral purposes. It was observed by the Court that: - “The question then is what a prima facie case is. All the evidence of reputation from family physician, executors, trustees, local residents is there. It is surely prima facie evidence. The distinct charge in the evidence from the witness box is (l) that the defendant is a prostitute and carries on prostitution and (2) that she took the house on rent to run a brothel there. That is the prima facie case. She does not come herself nor calls any witness to deny these serious allegations of fact. Whether the Judge should believe one witness or another or one case or another in such a context of facts is not then a question of prima facie case. It is then a question of the weight of evidence and its credibility. Prima facie case is not the conclusive case, and the learned Judge mistook the one for the other in his judgement. The very fact that the defendant neither came to the box herself nor called any witness to contradict evidence given on oath against her shows that these facts cannot be denied. What was prima facie against her became conclusive proof by her failure to deny.” 2. Anil Kapoor v. Finance-cum-Health Secretary Chandigarh Administration, 1974 Cri L J 862, Punjab and Haryana High Court – “According to Webster's Third International Dictionary (1961 Edition), “prima facie case means a case established by “prima facie evidence” which in turn means “evidence sufficient in law to raise a presumption of fact or establish the fact in question unless rebutted.” 3. Shankarlal v. State of M.P., 1978 MPLJ 419, High Court of Madhya Pradesh, Per Justice G.P. Singh – “Although it is often said that plaintiff must show a prima facie case in support of the right claimed by him in the suit before he can be granted temporary injunction, the real thing to be seen is only that plaintiff's claim is not frivolous or vexatious; in other words that there is a serious question to be tried. Plaintiff is not required to make out a clear legal title but has to satisfy the Court that he has a fair question to raise as to the legal right claimed by him in the suit. It is not the function of the Court at that stage to resolve disputed questions of fact or difficult questions of law which should be left to be decided at the conclusion of the trial.” 4. Pirtha Singh v. Laxman Singh, 1999 SCC OnLine Raj 106 – In the context of civil cases, it was observed by the Court that: - “It has been held that prima facie implies the probability of the plaintiff obtaining a relief on the materials placed before the Court at that stage.” 5. Bank of Baroda v. Appellate Tribunal for Foreign Exchange, 2005 SCC OnLine Del 231 – In this case, it was held that a prima facie case “refers to an arguable or triable case.” 6. Commissioner of Income-Tax v. McDowell and Co. Ltd., 2006 SCC OnLine Kar 796 – “The dictionary meaning of “prima facie” is “at first sight”; “on the first appearance”; “on the face of it”….. What is required to be seen is a prima facie consideration for the purpose of allowance or disallowance [of the case] depending upon the material placed on record.…..We also deem it proper to say at this juncture that prima facie case is not to be understood as a proof of obligation by way of evidence, etc, prima facie consideration has to be prima facie or to use the dictionary meaning “at the first sight” or “the first impression”. It may be that impression may be varied/modified or even destroyed at the stage of final hearing. That-final hearing approach has not to be the approach at the first impression, namely, prima facie impression.” Concluding Remarks I hope that with the help of these case-laws, the meaning and amplitude of the term prima facie is clear to everyone.

Casualty Insurance

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Play Episode Listen Later May 27, 2021 15:13

A Video Explaining Casualty Insurance https://zalma.com/blog "Casualty insurance” is defined as an “agreement to indemnify against loss resulting from a broad group of causes such as legal liability, theft, accident, property damage, and workers' compensation.” Black's Law Dictionary 871 (9th ed. 2009). Liability insurance is part of the casualty line of insurance. A “casualty” is an accidental injury, a fortuitous event. For every such harm there is a law or legal principle that places the burden of the consequences back on the finances of the initiator of the harm. Applying the ancient maxim of the law that “for every wrong there is a remedy...” casualty and liability insurance exists to fund the remedy. Another feature of casualty insurance policies is that they are limited to injuries to persons other than the insured. The ultimate concern of these policies is the insured—the person who buys the insurance who needs to be protected from claims made by third persons. At one time, insurers were limited by statute and their charters were limited as to the type of insurance they could write. Casualty insurance could only be written by casualty insurance companies. That is no longer the case and casualty insurance may be written by any insurer willing to do so with sufficient assets to perform fairly and in good faith. Some include: Terrorism coverage Flood insurance Political Risk or Government Liability Employee Theft and Dishonesty Surety Bonds Cyber-Liability, Identity Theft, and Cyber-Fraud © 2021 – Barry Zalma Barry Zalma, Esq., CFE, now limits his practice to service as an insurance consultant specializing in insurance coverage, insurance claims handling, insurance bad faith and insurance fraud almost equally for insurers and policyholders. He also serves as an arbitrator or mediator for insurance related disputes. He practiced law in California for more than 44 years as an insurance coverage and claims handling lawyer and more than 52 years in the insurance business. He is available at http://www.zalma.com and zalma@zalma.com. Mr. Zalma is the first recipient of the first annual Claims Magazine/ACE Legend Award. Over the last 53 years Barry Zalma has dedicated his life to insurance, insurance claims and the need to defeat insurance fraud. He has created the following library of books and other materials to make it possible for insurers and their claims staff to become insurance claims professionals. Go to the podcast Zalma On Insurance at https://anchor.fm/barry-zalma; Follow Mr. Zalma on Twitter at https://twitter.com/bzalma; Go to Barry Zalma videos at Rumble.com at https://rumble.com/c/c-262921; Go to Barry Zalma on YouTube- https://www.youtube.com/channel/UCysiZklEtxZsSF9DfC0Expg; Go to the Insurance Claims Library – https://zalma.com/blog/insurance-claims-library/ Read posts from Barry Zalma at https://parler.com/profile/Zalma/posts; and the last two issues of ZIFL at https://zalma.com/zalmas-insurance-fraud-letter-2/ podcast now available at https://podcasts.apple.com/us/podcast/zalma-on-insurance/id1509583809?uo=4 --- Support this podcast: https://anchor.fm/barry-zalma/support

105: TransLegal and Study Legal English Collaboration (Announcement)

The Study Legal English Podcast

Play Episode Listen Later May 10, 2021 7:08

Mon, 10 May 2021 09:35:07 +0000 https://studylegalenglish.com/episode105 7ef8a82fde85c1b7c521535de61ed2d5

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Evidence Law: Hearsay and exceptions - Confession

black confessions exceptions hearsay law dictionary

Play Episode Listen Later Apr 13, 2021 12:08

In the law of criminal evidence, a confession is a statement by a suspect in crime which is adverse to that person. Some secondary authorities, such as Black's Law Dictionary, define a confession in more narrow terms, for example. as "a statement admitting or acknowledging all facts necessary for conviction of a crime," which would be distinct from a mere admission of certain facts that, if true, would still not, by themselves, satisfy all the elements of the offense. The equivalent in civil cases is a statement against interest. --- Send in a voice message: https://anchor.fm/law-school/message Support this podcast: https://anchor.fm/law-school/support

Criminal Law: Crimes against justice – Obstruction of justice + Perverting the course of justice + Misprision of felony

Historically Speaking-Uncommon History with an Unconventional Pair

Play Episode Listen Later Mar 29, 2021 16:35

Obstruction of justice, in United States jurisdictions, is a crime consisting of obstructing prosecutors, investigators, or other government officials. Common law jurisdictions other than the United States tend to use the wider offense of perverting the course of justice. Obstruction is a broad crime that may include acts such as perjury, making false statements to officials, witness tampering, jury tampering, destruction of evidence, and many others. Obstruction also applies to overt coercion of court or government officials via the means of threats or actual physical harm, and also applying to deliberate sedition against a court official to undermine the appearance of legitimate authority. Legal overview. Obstruction of justice is an umbrella term covering a variety of specific crimes. Black's Law Dictionary defines it as any "interference with the orderly administration of law and justice". Obstruction has been categorized by various sources as a process crime, a public-order crime, or a white-collar crime. Obstruction can include crimes committed by judges, prosecutors, attorneys general, and elected officials in general. Federal law. In federal law, crimes constituting obstruction of justice are defined primarily in Chapter 73 of Title 18 of the United States Code. This chapter contains provisions covering various specific crimes such as witness tampering and retaliation, jury tampering, destruction of evidence, assault on a process server, and theft of court records. It also includes more general sections covering obstruction of proceedings in federal courts, Congress, and federal executive agencies. One of the broadest provisions in the chapter, known as the Omnibus Clause, states that anyone who "corruptly... endeavors to influence, obstruct, or impede, the due administration of justice" in connection with a pending court proceeding is subject to punishment. Statistics regarding the frequency of obstruction of justice prosecutions are unclear. In 2004, federal agencies arrested 446 people for obstruction, representing 0.3 percent of all federal arrests. This does not include, however, people who were charged with obstruction in addition to a more serious underlying crime. Misprision of felony is a form of misprision, and an offence under the common law of England that is no longer active in many common law countries. Where it was or is active, it is classified as a misdemeanor. It consists of failing to report knowledge of a felony to the appropriate authorities. Exceptions were made for close family members of the felon and where the disclosure would tend to incriminate him of that offence or another. Perverting the course of justice is an offence committed when a person prevents justice from being served on him/herself or on another party. In England and Wales it is a common law offence, carrying a maximum sentence of life imprisonment. Statutory versions of the offence exist in Australia, Canada, Hong Kong, Ireland, and New Zealand. The Scottish equivalent is defeating the ends of justice, while the South African counterpart is defeating or obstructing the course of justice. --- Send in a voice message: https://anchor.fm/law-school/message Support this podcast: https://anchor.fm/law-school/support

Controversial Supreme Court Decisions

Play Episode Play 32 sec Highlight Listen Later Mar 3, 2021 37:51

The Supreme Court agrees to hear about 100-150 of the more than 7,000 cases that it is asked to review each year. Decisions made by the 9 Justices that sit on the Court are considered final… unless overturned by a subsequent decision. For many seeking justice, it is their last hope. From Dred Scott to Brown vs Board of Education to Obergefell vs Hodges, here in Episode 16, we take a look at a handful of Supreme Court decisions that, for better or worse, changed America. Books Black’s Law Dictionary 11th EditionAmerica: A Narrative History 11th Edition by David Emory ShiThe Supreme Court 13th Edition by Lawrence BaumWithout Precedent: Chief Justice John Marshall and His Times by Joel Richard Paul The Oxford Companion to The Supreme Court of The United States by Kermit L. Hall

What is the meaning of Dying Declaration and how reliable is it considered by the Courts?

Play Episode Listen Later Dec 28, 2020 16:56

Meaning of Dying Declaration Indian Laws do not provide a definition of dying declaration but the same could be understood by perusing a Law Dictionary. Before adverting any further, an earlier post by me in relation to credibility of dying declaration could also be perused. Black's Law Dictionary (8th Edition) defines ‘dying declaration' as under: - “A statement by a person who believes that death is imminent, relating to the cause or circumstances of the person's impending death.The statement is admissible in evidence as an exception to the hearsay rule.” The relevant provision of law in this regard is Section 32 of the Indian Evidence Act, 1872, which reads as under: - “Statements, written or verbal, of relevant facts made by a person who is dead, or who cannot be found, or who has become incapable of giving evidence, or whose attendance cannot be procured, without an amount of delay or expense which under the circumstances of the case appears to the Court unreasonable, are themselves relevant facts in the following cases: --(1) when it relates to cause of death. - When the statement is made by a person as to the cause of his death, or as to any of the circumstances of the transaction which resulted in his death, in cases in which the cause of that person's death comes into question.……..” Important Judicial Precedents in relation to Reliability of Dying Declaration K. Ramachandra Reddy v. Public Prosecutor, (1976) 3 SCC 618 – Once the court is satisfied that the dying declaration is true and voluntary it can be sufficient to found the conviction even without any further corroboration. Khushal Rao v. State of Bombay, AIR 1958 SC 22 – In this case, some important postulates were laid down with respect to reliability of dying declarations: - 1. There cannot be an absolute rule of law that a dying declaration cannot form the sole basis of conviction unless it is corroborated and that is a weaker kind of evidence. 2. Each case is to be judged on its own merits and circumstances. 3. Dying declaration stands on the same footing as another piece of evidence and has to be judged in light of the circumstances. 4. “A dying declaration which has been recorded by a competent Magistrate in the proper manner, that is to say, in the form of questions and answers, and, as far as practicable, in the words of the maker of the declaration, stands on a much higher footing than a dying declaration which depends upon oral testimony which may suffer from all the infirmities of human memory and human character.” 5. The circumstances like the opportunity of the dying man for observation, whether the statement has been consistent throughout if he had several opportunities of making a dying declaration apart from the official record of it and whether the statement had been made at the earliest opportunity and was not the result of tutoring by interested parties, have to be kept in mind while testing the reliability of a dying declaration. Tapinder Singh v. State of Punjab, (1970) 2 SCC 113 – “It is true that a dying declaration is not a deposition in court and it is neither made on oath nor in the presence of the accused. It is, therefore, not tested by cross-examination on behalf of the accused. But a dying declaration is admitted in evidence by way of an exception to the general rule against the admissibility of hearsay evidence, on the principle of necessity. The weak points of a dying declaration just mentioned merely serve to put the court on its guard while testing its reliability, by imposing on it an obligation to closely scrutinise all the relevant attendant circumstances.” Lallubhai Devchand Shah v. State of Gujarat, (1971) 3 SCC 767 – The person who recorded the dying declaration must be satisfied that the deceased was in a fit state of mind. Kundula Bala Subrahmanyam v. State of A.P., (1993) 2 SCC 684 – The Court stated that a dying declaration made by person on the verge of his death has a special sanctity as at that solemn moment, a person is most unlikely to make any untrue statement and such a dying declaration, by itself, can be sufficient for recording conviction even without looking for any corroboration. If there are more than one dying declarations, then the court has also to scrutinise all the dying declarations to find out if each one of these passes the test of being trustworthy. Rule of Caution and Reliability of Dying Declarations Time and again, the Hon'ble Courts have iterated that ‘Rule of Caution' must be exercised in order to test the veracity and the reliability of dying declarations. What is this “Rule of Caution?” The same could be understood by perusing a catena of judgments of the Hon'ble Supreme Court. Govindappa v. State of Karnataka, (2010) 6 SCC 533 – “…. What is essentially required is that the person who recorded the dying declaration must be satisfied that the deceased was in a fit state of mind. The certification by the doctor is essentially a rule of caution and, therefore, the voluntary and truthful nature of the declaration can be established otherwise…..” Sher Singh v. State of Punjab, (2008) 4 SCC 265 – “….The court should ensure that the statement was not as a result of tutoring or prompting or a product of imagination….. What is essential is that the person recording the dying declaration must be satisfied that the deceased was in a fit state of mind….. A certificate by the doctor is essentially a rule of caution and, therefore, the voluntary and truthful nature of a statement can be established otherwise.” Laxman v. State of Maharashtra, (2002) 6 SCC 710 – “…… Where it is proved by the testimony of the Magistrate that the declarant was fit to make the statement even without examination by the doctor the declaration can be acted upon provided the court ultimately holds the same to be voluntary and truthful. A certification by the doctor is essentially a rule of caution and therefore the voluntary and truthful nature of the declaration can be established otherwise.” Concluding Remarks The above-stated case-laws explain the test of reliability in relation to dying declarations in a succinct manner. It could be summarized as under: - 1. Dying Declaration is admissible in evidence as an exception to the hearsay rule. 2. Section 32 of the Indian Evidence Act, 1872, provides that statements, written or verbal, are themselves relevant facts when such statement is made by a person in relation to his death. 3. Conviction can be made solely on the basis of a reliable dying declaration. 4. Dying declaration stands on the same footing as another piece of evidence and has to be judged in light of the circumstances. 5. If there are more than one dying declarations, then the court has also to scrutinise all the dying declarations to find out if each one of these passes the test of being trustworthy. 6. Rule of Caution in relation to a dying declaration means that the Courts need to ensure that the statement is not a result of tutoring and the person recording the same must be satisfied that the deceased was in a fit state of mind.

Criminal Law: Crimes against property - Arson + Blackmail + Bribery

Play Episode Listen Later Nov 30, 2020 21:32

Arson is a crime of willfully and maliciously setting fire to or charring property. Though the act typically involves buildings, the term arson can also refer to the intentional burning of other things, such as motor vehicles, watercraft, or forests. The crime is typically classified as a felony, with instances involving a greater degree of risk to human life or property carrying a stricter penalty. A common motive for arson is to commit insurance fraud. In such cases, a person destroys their own property by burning it and then lies about the cause in order to collect against their insurance policy. A person who commits arson is called an arsonist. Arsonists normally use an accelerant (such as gasoline or kerosene) to ignite, propel and directionalize fires, and the detection and identification of ignitable liquid residues (ILRs) is an important part of fire investigations. Pyromania is an impulse control disorder characterized by the pathological setting of fires. Most acts of arson are not committed by pyromaniacs. Blackmail is an act of coercion using the threat of revealing or publicizing either substantially true or false information about a person or people unless certain demands are met. It is often damaging information and may be revealed to family members or associates rather than to the general public. It may involve using threats of physical, mental or emotional harm, or of criminal prosecution, against the victim or someone close to the victim. It is normally carried out for personal gain, most commonly of position, money, or property. Blackmail may also be considered a form of extortion. Although the two are generally synonymous, extortion is the taking of personal property by threat of future harm. Blackmail is the use of threat to prevent another from engaging in a lawful occupation and writing libelous letters or letters that provoke a breach of the peace, as well as use of intimidation for purposes of collecting an unpaid debt. In many jurisdictions, blackmail is a statutory offense, often criminal, carrying punitive sanctions for convicted perpetrators. Blackmail is the name of a statutory offense in the United States, England and Wales, and Australia, and has been used as a convenient way of referring to certain other offenses, but was not a term used in English law until 1968. Bribery is defined by Black's Law Dictionary as the offering, giving, receiving, or soliciting of any item of value to influence the actions of an official, or other person, in charge of a public or legal duty. With regard to governmental operations, essentially, bribery is "Corrupt solicitation, acceptance, or transfer of value in exchange for official action." Gifts of money or other items of value which are otherwise available to everyone on an equivalent basis, and not for dishonest purposes, is not bribery. Offering a discount or a refund to all purchasers is a legal rebate and is not bribery. For example, it is legal for an employee of a Public Utilities Commission involved in electric rate regulation to accept a rebate on electric service that reduces their cost for electricity, when the rebate is available to other residential electric customers. However, giving a discount specifically to that employee to influence them to look favorably on the electric utility's rate increase applications would be considered bribery. --- Send in a voice message: https://anchor.fm/law-school/message Support this podcast: https://anchor.fm/law-school/support

Contract Law: Defenses against formation - Duress/Coercion and Undue influence

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Play Episode Listen Later Oct 9, 2020 16:24

In jurisprudence, duress or coercion refers to a situation whereby a person performs an act as a result of violence, threat, or other pressure against the person. Black's Law Dictionary (6th ed.) defines duress as "any unlawful threat or coercion used... to induce another to act in a manner otherwise would not ". Duress is pressure exerted upon a person to coerce that person to perform an act they ordinarily would not perform. The notion of duress must be distinguished both from undue influence in civil law. In criminal law, duress and necessity are different defenses. Duress has two aspects. One is that it negates the person's consent to an act, such as sexual activity or the entering into a contract; or, secondly, as a possible legal defense or justification to an otherwise unlawful act. A defendant utilizing the duress defense admits to breaking the law, but claims that he/she is not liable because, even though the act broke the law, it was only performed because of extreme unlawful pressure. In criminal law, a duress defense is similar to a plea of guilty, admitting partial culpability, so that if the defense is not accepted then the criminal act is admitted. Duress or coercion can also be raised in an allegation of rape or other sexual assault to negate a defense of consent on the part of the person making the allegation. In jurisprudence, undue influence is an equitable doctrine that involves one person taking advantage of a position of power over another person. This inequity in power between the parties can vitiate one party's consent as they are unable to freely exercise their independent will. In contract law. Where it is established that a plaintiff was induced to enter into a contract or transaction by the undue influence of the defendant, the contract may be rendered voidable. If undue influence is proved in a contract, the innocent party is entitled to set aside the contract against the defendant, and the remedy is rescission. As the law of undue influence was applied and developed by the Court of Chancery, it developed into two distinct classes: ‘actual' undue influence and ‘presumed' undue influence. --- Send in a voice message: https://anchor.fm/law-school/message Support this podcast: https://anchor.fm/law-school/support

Episode 1 - Burglary Tidbits

The Counselor and The Con

Play Episode Listen Later Sep 30, 2020 27:48

Counselor Kam Nichols and former Con turned comedian Iggy Samaniego kick off their very first episode with a dive into Iggy's area of expertise…burglary! Tune in for true crime stories from a burglary victim and learn what happened when Iggy tried to “double dip”. Kam weighs in on the historical aspects of burglary. From the Saxons to the sexy, this is a crime that has changed a lot! Sources: www.wearenotavictim.org (for Scott's full story)Ballantine's Law Dictionary 3rd Editionhttps://englishlegalhistory.wordpress.com/2013/05/30/history-of-burglary/https://en.wikipedia.org/wiki/Burglaryhttps://dataunodc.un.org/data/crime/burglary (United Nations Office on Drugs and Crime)https://www.fbi.gov/news/pressrel/press-releases/fbi-releases-2018-crime-statistics

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Casualty Insurance

black liability casualty casualty insurance law dictionary

Play Episode Listen Later Sep 16, 2020 16:42

https://zalma.com/blog Casualty Insurance Many people use the terms “casualty” and “liability” as if they were synonymous. However, casualty insurance includes insurance that does not fall within the definition of liability insurance. “Casualty insurance” is defined as an “agreement to indemnify against loss resulting from a broad group of causes such as legal liability, theft, accident, property damage, and workers' compensation.” Black's Law Dictionary 871 (9th ed. 2009). Liability insurance is part of the casualty line of insurance. A “casualty” is an accidental injury, a fortuitous event. For every such harm there is a law or legal principle that places the burden of the consequences back on the finances of the initiator of the harm. Applying the ancient maxim of the law that “for every wrong there is a remedy...” liability insurance exists to fund the remedy. Another feature of casualty insurance policies is that they are limited to injuries to persons other than the insured. The ultimate concern of these policies is the insured—the person who buys the insurance who needs to be protected from claims made by third persons. At one time, insurers were limited by statute and their charters were limited as to the type of insurance they could write. Casualty insurance could only be written by casualty insurance companies. That is no longer the case and casualty insurance may be written by any insurer willing to do so with sufficient assets to perform. • Terrorism Coverage • Flood Insurance • Political Risk or Government Liability • Employee Theft and Dishonesty • Surety Bonds --- Support this podcast: https://anchor.fm/barry-zalma/support

Black's Law Dictionary

The Debatables Podcast

Play Episode Listen Later Apr 24, 2020 22:30

Why are you allowing 'black' to be your status? Allow us to tell you again YOU'RE NOT BLACK!

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TWO ADDITIONAL WITNESSES, Chapter 8 of Who Crucified Christ by Ogden Kraut.

Fundamentally Mormon

Play Episode Listen Later Feb 5, 2020 85:00

TWO ADDITIONAL WITNESSES, Chapter 8 of Who Crucified Christ by Ogden Kraut. Stephen and Paul Witness: as the most direct mode of acquiring knowledge of an event is by seeing it, “witness” has acquired the sense of a person who is present at and observes a transaction. (Black’s Law Dictionary, p. 1231) Neither did Stephen and Paul actually witness Christ’s crucifixion, but they did personally witness the hatred and bitterness of some of those who were responsible for it. Their testimony should be recognized because of both their position and their integrity. Stephen Stephen was one of seven men selected to assist the Twelve Apostles. They were determined to be “of honest report, full of the Holy Ghost and wisdom.” (Acts 6:3) And “Stephen, full of faith and power, did great wonders and miracles among the people.” (6:8) Stephen became involved in a dispute between members of the Greek “Hellenists” and the “Hebrews” of the Palestinian Jewish Christians. He proposed that the Jews should consider the teachings and ordinances of Christ more important than many of the existing temple rituals, and said that the Mosaic law was being fulfilled. But the higher principles and practices of Christ created more opposition than agreement.

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Are You Black!?

The Debatables Podcast

Play Episode Listen Later Dec 27, 2019 21:46

Black? African American? Are these JUST labels? What are we? Who are we? We have been having this debate for the past few weeks and wanted you all to join us as we continue to have this conversation. Join the conversation in the comments below. Also check out some of the following links. Do your research!! Suggested and advised Tools / Books to CORRECT the many Mis-concepts that have been socially engineered to purposely run your train completely off the track. . 1. Unabridged Dictionary 1936 - look at the definition of American. 2. Henry Campbell Black's Law Dictionary 4th edition - review definition of Nationality. 3. Cross reference definition of 'Rights' in Bouvier's Law Dictionary (Rawles 3rd revision) with emphasis on Political Rights. 4. See definition of Domicile and all of the sub-definitions of domicile in Black's Law Dictionary 4th Edition. Note: The two key attributes of Nationality are Domicile and Political Status. 5. See History of the Moorish Empire in Europe, Vol. 1,2, and 3 Note: Law and History cannot be separated. http://rvbeypublications.com/id80.html https://archive.org/details/BlacksLawDictionary-Editions1-9 http://rvbeypublications.com/sitebuildercontent/sitebuilderfiles/republicweb.pub.pdf http://rvbeypublications.com/sitebuildercontent/sitebuilderfiles/webblackhistory.pdf http://rvbeypublications.com/id135.html

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Event Horizon 11/25 Guest Shahid Bey "Taco Bells Case, Black Law Dictionary, Leave A Legacy, Chp 9

ON THE WAKE UP RADIO

Play Episode Listen Later Nov 25, 2019 118:26

host @gaschamberusa

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Age - Old Controversy? A Lawyer Reads The FaceApp Terms Of Use (VL75) (Hoeg Law)

Virtual Legality

Play Episode Listen Later Jul 18, 2019 59:00

"VIRAL APP FACEAPP NOW OWNS ACCESS TO MORE THAN 150 MILLION PEOPLE'S FACES AND NAMES!" "RUSSIANS NOW OWN ALL YOUR OLD PHOTOS!" "APP BEHIND VIRAL TREND HAS DISTURBING TERMS AND CONDITIONS!" "YOU SHOULD READ FACEAPP'S TRULY WILD TERMS OF SERVICE AGREEMENT BEFORE YOU USE IT!" Breathless headlines aside, on that last point we can certainly agree. If you are going to submit personal content of any kind, let alone your face, it certainly makes sense to read the contract you are implicitly signing when you do. But that's why you're here! What do the FaceApp terms and conditions say about what they can do with the photos that you give them? What do they really need to say given the copyrights each person holds in their own images? What outwardly scary language really isn't? And what language really should concern users but is barely being mentioned? We never lack for breadth in...Virtual Legality. CHECK OUT THE VIDEO AT: https://youtu.be/qHJ9IeRwR3U #FaceApp #Privacy #VirtualLegality *** Discussed in this episode: 1:25 - "What is FaceApp's AI ageing filter, and how do you use it?" PocketLint - July 17, 2019 - Cam Bunton (https://www.pocket-lint.com/apps/news/148702-faceapp-ai-ageing-camera-app) 3:45 - "This is standard in policies where end users are allowed to share..." Tweet from @MonaIbrahim - July 17, 2019 (https://twitter.com/MonaIbrahim/status/1151463320714485760) 7:06 - "Exclusive rights in copyrighted works" 17 USC 106 (https://www.law.cornell.edu/uscode/text/17/106) 10:52 - Definition of "Adhesion Contract" Black's Law Dictionary (via enacademic) (http://blacks_law.enacademic.com/18929/adhesion_contract) 14:00 - FaceApp Terms of Use Updated as of August 3, 2017 (https://faceapp.com/terms) 23:29 - Instagram Terms of Use Updated as of April 19, 2018 (https://help.instagram.com/581066165581870) 43:41 - FaceApp Privacy Policy Updated as of January 20, 2017 (https://www.faceapp.com/privacy) 49:38 - "FaceApp Responds to Privacy Concerns" TechCrunch - July 17, 2019 - Natasha Lomas (https://techcrunch.com/2019/07/17/faceapp-responds-to-privacy-concerns/) *** FOR MORE CHECK US OUT: On Twitter @hoeglaw At our website: https://hoeglaw.com/ On our Blog, "Rules of the Game", at https://hoeglaw.wordpress.com/ On "Help Us Out Hoeg!" a regular segment on the Easy Allies Podcast (formerly GameTrailers) (https://www.youtube.com/channel/UCZrxXp1reP8E353rZsB3jaA)

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You Catch More "Files" With Honey: Stardock, Star Control, And Settlement (VL11 - 4)

Virtual Legality

Play Episode Listen Later Jun 14, 2019 20:51

What began the year in acrimony, ends in honey and wine, as Stardock (Star Control Origins) and Fred Ford and Paul Reiche III (Star Control; Star Control 2) settle their differences and move on from litigation. But what's in the settlement that's got folks buzzing? Settlement is sweet...in Virtual Legality. CHECK OUT THE VIDEO AT: https://youtu.be/a_IPCrgwDOA #Stardock #StarControl #VirtualLegality *** Discussed in this episode: "Stardock and Star Control creators have reached a settlement" GameDailyBiz - June 12, 2019 - James Brightman (https://gamedaily.biz/article/938/stardock-and-star-control-creators-have-reached-a-settlement) "What Percentage of Lawsuits Settle Before Trial?" The Law Dictionary (https://thelawdictionary.org/article/what-percentage-of-lawsuits-settle-before-trial-what-are-some-statistics-on-personal-injury-settlements/) "Stardock and Star Control creators settle lawsuits—with mead and honey" Ars Technica - June 11, 2019 - Lee Hutchinson (https://arstechnica.com/gaming/2019/06/stardock-and-star-control-creators-settle-lawsuits-with-mead-and-honey/) *** FOR MORE CHECK US OUT: On Twitter @hoeglaw At our website: https://hoeglaw.com/ On our Blog, "Rules of the Game", at https://hoeglaw.wordpress.com/ On "Help Us Out Hoeg!" a regular segment on the Easy Allies Podcast (formerly GameTrailers) (https://www.youtube.com/channel/UCZrxXp1reP8E353rZsB3jaA)

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NutriMedical Report Show Thursday April 18th 2019 – Hour Three – Dr True Ott PhD, American 30 Points of Truth, Review to Point, Luciferic Vatican UN IMF Scam, Get How to Win in Court, File Pro Se, Don’t Run for Fake Office,

NutriMedical Report

Play Episode Listen Later Apr 18, 2019 59:30

Dr True Ott PhD, American 30 Points of Truth, Review to Point, Luciferic Vatican UN IMF Scam, Get How to Win in Court, File Pro Se, Don’t Run for Fake Office, Don’t Buy Into False Legal Systems, Read Plan Pray Act for Personal and Corporate Greater Good of Mankind, Read the Documents, GOD will Remove Evil with the Rapture, Restoration of the Covenant of Eden, Fusion of Eternal GOD with Bride of Saved Humanity SOON!, Dr Bill Deagle MD AAEM ACAM A4M, NutriMedical Report Show, www.NutriMedical.com, www.ClayandIRON.com, www.Deagle-Network.com,NutriMedical Report Show,https://atrueott.wordpress.com/2018/09/04/30-facts-about-america/30 Facts About AmericaFiled under: Uncategorized — 8 CommentsSeptember 4, 2018I originally wrote this back in 2011. It is even more pertinent in 2018.You want to “drain the swamp”? You have to get REAL about REALITY – which means you have to research these 30 facts and the source documentation behind them.True In order to understand what is REALLY going on covertly, “behind the curtain” in America – one needs to internalize and understand the following 30 basic facts about “The Powers That Be”. (TPTB).Thirty Little Known Facts about America1. The IRS is NOT a U.S. Government Agency. It is an Agency of the IMF. Sources: Diversified Metal Products v IRS et al. CV-93-405E-EJEU.S.D.C.I.Public Law 94-564Senate Report 94-1148, pg 5967Reorganization Plan #26Public Law 102-3912. The IMF is an Agency of the U.N. and was organized in 1944 at Bretton Woods, N.H. well before WWII was concluded.Source: Black’s Law Dictionary 6th Ed. Pg 8163. The United States has NOT had a Treasury since 1921.41 Stat. Ch. 214 page 6544. The U.S. Treasury is now the IMF.Presi dential Documents Volume 29 No. 4 page 113Source: 22 U.S.C. 285-2885. The U.S. does not have any employees because there is no longera United States. No more reorganizations. After 200 years of bankruptcy it is finally over.Source: Executive Order 128036. The FCC, CIA, FBI, NSA and all of the other Alphabet Gangs werenever part of the U.S. Government, even though the ‘U.S. Governmentheld stock in said ‘Agencies’.Sources: U.S. v. Strang, 254 U.S. 491Lewis v. U.S., 680 F.2d, 12397. Social Security Numbers are issued by the UN through the IMF. The application for a SSN is the SS5 form. The Department of the Treasury (IMF) issues the SS5, not the ‘Social Security Administration. The new SS5 forms do not state who publishes them while the old form states they are Department of Treasury.Source: 20 CFR Chap. 111 Subpart B 422.103 (b)8. There are NO Judicial Courts in America and there have not been any in America since 1789.Judges do NOT enforce Statutes and Codes. “Executive Administrators” enforce Statutes and Codes. Thus, the “Uniform Commercial Code” is the supreme law of the courts, NOT the U.S. Constitution.Sources: FRC v. GE, 281 U.S. 464Keller v. Potomac Elec. Co., 261 U.S. 4281 Stat. 138-1789. There have NOT been any ‘Judges’ in America since 1789.There have only been “Executive Administrators”. (Now you know why “judges” will hold you in “contempt” if you cite the U.S. Constitution in their presence.)Sources: FRC v. GE, 281 U.S. 464Keller v. Potomac Elec. Co., 261 U.S. 4281 Stat. 138-17810. According to GATT provisions, you MUST have a Social Security Number.Source: House Report 103-82611. New York City is defined in the Federal Regulations as the “United Nations”. Rudolph Guiliani stated on C-Span that “New York City is the Capital of the World”. For once, he told the truth.Source: 20 CFR Chap. 111 subpart B 422.103 (b) (2) (2)12. Social Security is NOT insurance nor is it a binding contract. Nor is there a “Trust Fund”.Source: Helvering v. Davis, 301 U.S. 619Steward Co. v. Davis, 301 U.S. 54813. Your Social Security check comes directly from the International Monetary Fund (IMF) which is a “for profit corporate agency” of the United Nations. Examine one SS Check: top-left should be written ‘United States Treasurysee 2-4 above.14. You actually own NO property. Slaves can’t own property, you see. Read carefully the Deed to the property you think is yours. You are listed as “a TENANT”. Often times the Mortgage Holder or the State is listed as “Seised in demesne as of fee”.Source: Senate Document 43, 73rd Congress 1st Session( What is “Seised in demesne as of fee” and what does this Latin Legal term mean? This is the strict technical legal expression used to describe the ownership in “an estate in fee-simple in possession in a corporeal hereditament”. The word “seised” is used to express the “seisin or owner’s possession of a freehold property”; the phrase ‘in demesne’, or ‘in his demesne’, (in dominico suo) signifies that he’s seised as owner of the land itself, and not merely of the seigniory services; and the concluding words, ‘as of fee, import that he is seised of an estate of inheritance in fee-simple. Where the subject is incorporeal, or the estate expectant on a precedent freehold, the words ‘in his demesne are omitted. Source: (Co. Litt. 17a; Fleta, 1.5, c. 5, 18; Bract. 1.4, tr. 5, c. 2, 2) Brown. “Black’s Law DictionaryFourth Edition, page 1523.15. The most powerful court in America is NOT the United States Supreme Court, but the Supreme Court of Pennsylvania.Source: 42 Pa. C.S.A. 50216. The King of England financially backed both sides of the Revolutionary War.Source: Treaty of Versailles. Signed July 16, 1782Treaty of Peace 8 Stat. 8017. You CANNOT use the U.S. Constitution to defend yourself because you are NOT a party to it.Source: Padelford Fay & Co. v. The Mayor & Alderman of the City of Savannah, 14Georgia 438, 52018. America is a British Colony. The ‘United States’ is a corporation, not a land mass and it existed before the Revolutionary War and the occupying British Troops did not leave until 1796.Sources: Respublica v. Sweers, 1 Dallas 43Treaty of Commerce 8 Stat 116Treaty of Peace 8 Stat 80IRS Publication 6209Articles of Association October 20, 177419. Britain is owned by the Vatican.Source: Treaty of 121320. The Pope can therefore abolish any law in the United States.Source: Elements of Ecclesiastical Law Vol. 1, 53-5421. A 1040 Form is for Tribute paid to Britain.Source: IRS Publication 620922. The Pope claims to own the entire world through the laws of Conquest and Discovery.(Ever wonder why an Attorney, who is an often unwitting Agent of the Pope through the International Bar Association, wants to do “discovery” with you?)Source: Papal Bulls of 1495 & 149323. The Pope has ordered the genocide and enslavement of Millions of people.Source: Papal Bulls of 1455 & 149324. The Pope’s ‘Laws’ are obligatory on everyone on the earth.Source: Bened. XIV., De Syn. Dioec, lib, ix, c. vii., n.4. Prati, 1844Syllabus prop 28, 29, 4425. We are SLAVES and own ABSOLUTELY NOTHING. Not even what we think are “our children”.Source: Tillman v. Roberts, 108 So. 62Van Koten v. Van Koten, 154 N.E. 146Senate Document 43, 73rd Congress 1st SessionWynehammer v. People, 13 N.Y. Rep 378, 48126. Military Dictator George Washington divided up the States (aka Estates) into Districts.Source: Messages and Papers of the Presidents, Volume 1 page 991828 Dictionary definition of ‘Estate27. ‘We, The People” does NOT include the General Populace, or what you THINK is ‘We, The People”.Source: Barron v. Mayor and City Council of Baltimore, 32 U.S. 24328. It is NOT the ‘duty of the police to protect you. Their job is simply to protect THE STATE OR LOCAL CORPORATION and arrest “Code Breakers”.Sources: Sapp v. Tallahassee, 348 So.2nd. 363Reiff v. City of Philla., 477 F.Supp. 1262Lynch v. NC Dept. of Justice, 376 S.E.2nd. 24729. Everything in the ‘United States is up For Sale: Bridges, Roads, Water, Schools, Hospitals, Prisons, Airports, “Federal Lands”, “State (estate) Lands” etc.Did anybody take time to check who recently bought Klamath Lake and the Arizona State Capital?Source: Executive Order 1280330. ‘WE THE PEOPLE’ are HUMAN CAPITAL – aka as “Goyim” to the rulers of the world.Source: Executive Order 13037The U.N. has financed the operations of the ‘United States Government for over 50 years and now ‘owns’ every man, woman, and child in America. The U.N. also holds all of the land of America in Fee Simple.Why is the above so difficult for most people to understand? Simple: words like ‘person’, ‘citizen’, ‘people’, ‘or’, ‘nation’, ‘is’, ‘fact’, ‘authority’, ‘truth’, ‘nation’, ‘crime’, ‘fraud’, ‘charge’, ‘right’, ‘statute’, ‘preferred’, ‘assume’, ‘prefer’, ‘constitutor’, ‘creditor’, ‘debtor’, ‘debit’, ‘discharge’, ‘payment’, ‘law’, ‘United States’, and hundreds of other words do NOT mean what you think they mean and you were never taught the ‘Legal Definitions’ so you would ‘Understand that you DON’T understand’.Don’t let this information alarm you because without it you cannot ever HOPE to be free.You have to understand that all slavery and freedom originates in the human mind. As the philospher Goethe wrote: “No man is more hopelessly enslaved than he who WRONGLY BELIEVES that he is free.”When your mind allows you to accept and understand that the United States, Great Brittan and the Vatican are Corporations which are nothing but fictional entities which have been placed in your mind, you will understand our slavery remains primarily because we believe in false fictions.The Illusion is MUCH larger than the irrefutable 30 points above, and the 30 points above are not even the tip of the tip of the iceberg. But it is, at least a starting point. For more information, see:www.atgpress.comwww.TheAmericanVoice.comhttp://www.google.com/search?hl=en&q=IRS+is+a+Fraudwww.ZeitgeistMovie.comwww.FreedomToFascism.comhttp://www.myspace. com/KC7AQKhttp://www.google.com/search?hl=en&q=911+Truth+Movementhttp://www.youtube.com/watch?v=klwWcp9eiPw&feature=related For information regarding your data privacy, visit Acast.com/privacy See acast.com/privacy for privacy and opt-out information.

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Virtual Legality 26 - The Shoe Head Round The World: Zion Williamson, Nike, And Contract Law

Virtual Legality

Play Episode Listen Later Feb 21, 2019 44:56

When the best player in the game falls to injury, not by happenstance, but because of the shoe his University contractually obligated him to wear...who is left holding the bag? What happened to Zion Williamson and his shoe on the night of February 20, 2019? What happened to Nike's stock price? And just what is in those "all-sports" contracts Nike signs with Universities like Duke, anyway? CHECK OUT THE VIDEO AT: https://youtu.be/6U50zAbcrL0 #Zion #Nike #VirtualLegality *** Discussed in this episode: "Zion Williamson Wrecked His Shoe And Also Maybe His Leg [Update]" Deadspin, February 20, 2019 (https://deadspin.com/zion-williamson-wrecked-his-shoe-and-also-maybe-his-leg-1832772771) "Duke loses Zion Williamson to mild knee sprain when shoe blows out" ESPN, February 20, 2019 (http://www.espn.com/mens-college-basketball/story/_/id/26042130/duke-loses-zion-williamson-mild-knee-sprain-shoe-blows-out) "Duke’s Zion Williamson blows out his shoe, injures knee, and Nike gasps in horror" MarketWatch, February 20, 2019 (https://www.marketwatch.com/story/zion-williamson-blows-out-his-shoe-injures-knee-and-nike-gasps-in-horror-2019-02-20) The University of North Carolina at Chapel Hill All-Sport Agreement June 29, 2018 (https://bloximages.newyork1.vip.townnews.com/greensboro.com/content/tncms/assets/v3/editorial/0/b8/0b8c22ea-03b3-11e9-9a99-2f254044716b/5c1a7ef9e48bb.pdf.pdf) Definition of "Negligence" The Law Dictionary (featuring Black's Law) (https://thelawdictionary.org/negligent/) *** THANKS FOR WATCHING! FOR MORE CHECK US OUT: On Twitter @hoeglaw At our website: https://hoeglaw.com/ On our Blog, "Rules of the Game", at https://hoeglaw.wordpress.com/ On "Help Us Out Hoeg!" a regular segment on the Easy Allies Podcast (formerly GameTrailers) (https://www.youtube.com/channel/UCZrxXp1reP8E353rZsB3jaA) Biweekly on "Inside the Huddle with Michael Spath" on WTKA 1050

The Pros and Cons of Plea Bargaining

FedSoc Events

Play Episode Listen Later Nov 15, 2018 87:34

The Black’s Law Dictionary defines Plea Bargaining as: “[t]he process whereby the accused and the prosecutor in a criminal case work out a mutually satisfactory disposition of the case subject to court approval. It usually involves the defendant’s pleading guilty to a lesser offense or to only one or some of the counts of a multi-count indictment in return for a lighter sentence than that possible for the graver charge.” Plea Bargaining as a concept dates farther back than the American justice system itself. However, over the past few decades it has occurred with more and more frequency to reach its’ current unprecedented level in our criminal justice system. Today, over 95 percent of criminal convictions are a result of Plea Bargaining, which has contributed to an evolving and controversial national debate over whether Plea Bargaining has gone too far. The positives of Plea Bargaining are apparent. It is a much more efficient process than juries, and a much more inexpensive process than trials. However, some opponents of plea bargaining point to the dangerous potential for coercion, insisting that the imbalance of power between prosecutor and defendant can often lead to a miscarriage of justice. Additionally, some criticize Plea Bargaining because it infringes upon the right of the American citizen to participate in the jury process. The debates over the correct response to the frequency of Plea Bargaining will continue to grow as the effects are felt by the entirety of the American Criminal Justice System.Hon. Stephanos Bibas, United States Court of Appeals, Third CircuitMr. Greg Brower, Shareholder, Brownstein, Hyatt, Farber, ShreckProf. Carissa Hessick, Anne Shea Ransdell and William Garland "Buck" Ransdell, Jr. Distinguished Professor of Law, University of North Carolina School of LawMr. Clark Neily, Vice President for Criminal Justice, Cato InstituteModerator: Hon. Lisa Branch, United States Court of Appeals, Eleventh Circuit

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The Pros and Cons of Plea Bargaining

FedSoc Events

Play Episode Listen Later Nov 15, 2018 87:34

The Black’s Law Dictionary defines Plea Bargaining as: “[t]he process whereby the accused and the prosecutor in a criminal case work out a mutually satisfactory disposition of the case subject to court approval. It usually involves the defendant’s pleading guilty to a lesser offense or to only one or some of the counts of a multi-count indictment in return for a lighter sentence than that possible for the graver charge.” Plea Bargaining as a concept dates farther back than the American justice system itself. However, over the past few decades it has occurred with more and more frequency to reach its’ current unprecedented level in our criminal justice system. Today, over 95 percent of criminal convictions are a result of Plea Bargaining, which has contributed to an evolving and controversial national debate over whether Plea Bargaining has gone too far. The positives of Plea Bargaining are apparent. It is a much more efficient process than juries, and a much more inexpensive process than trials. However, some opponents of plea bargaining point to the dangerous potential for coercion, insisting that the imbalance of power between prosecutor and defendant can often lead to a miscarriage of justice. Additionally, some criticize Plea Bargaining because it infringes upon the right of the American citizen to participate in the jury process. The debates over the correct response to the frequency of Plea Bargaining will continue to grow as the effects are felt by the entirety of the American Criminal Justice System.Hon. Stephanos Bibas, United States Court of Appeals, Third CircuitMr. Greg Brower, Shareholder, Brownstein, Hyatt, Farber, ShreckProf. Carissa Hessick, Anne Shea Ransdell and William Garland "Buck" Ransdell, Jr. Distinguished Professor of Law, University of North Carolina School of LawMr. Clark Neily, Vice President for Criminal Justice, Cato InstituteModerator: Hon. Lisa Branch, United States Court of Appeals, Eleventh Circuit

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Ep08 Is it time lawyers lose the legalese?

Checklist Legal Podcast with Verity White

Play Episode Listen Later May 21, 2018 9:35

Episode 08: Is it time lawyers lose the legalese? MINDSET: LESS LEGALESE, MORE TRUST On this episode of the Checklist Legal Podcast: • Scientific proof clients hate legalese • Why lawyers should hate legalese too • Why (as Prof Joe Kimble says) the law is no serious obstacle to writing clearly and plainly • How you can sound smarter (hint: use plain language) • 3 legalese words to banish from your contracts. Key Takeaways Steer clear of legalese. Do the work to understand your reader and write for readability to gain trust. Complex texts are difficult to read. Write clearly and simply if you can, and you’ll be more likely to be thought of as intelligent. Ask for feedback… identify complicated wordy words in your contracts and other writing and look them up on word swap lists to find Actionable Challenge Do a “find replace” on your contracts for the following words… Utilise (or utilize)… swap for… Use Subsequent… swap for…Later, next Pursuant to…swap for… By, following, under LINKS Caitlin Whiteman, ‘Why easy-to-read is easy to like – what science tells us about the remarkable benefits of simplicity’, (21 March 2016) https://www.linkedin.com/pulse/why-easy-to-read-easy-like-what-science-tells-us-caitlin-whiteman Chistopher R Trudeau, ‘The Public Speaks: An Empirical Study of Legal Communication’ (May 20, 2012). 14 Scribes J. Leg. Writing 121 (2011-2012). Available at SSRN: ssrn.com/abstract=1843415 Garner's Dictionary of Legal Usage (Hardcover), Bryan Garner. See also a fun article on these ‘here-and-there’ words based on Garner’s work by Andy Mergendahl (Lawyerist, 24 May 2012) lawyerist.com/43513/legal-writing-ditch-here-and-there-words/, accessed 10 June 2017. Joseph Kimble, ‘You Think the Law Requires Legalese? (21 October 2013) retrieved via legalwritingeditor.com/2013/10/21/think-law-requires legalese/#.WS1J1Gh97b0, accessed 30 May 2017. Centre for Plain Language, ‘Law Words: 30 essays on legal words & phrases’ (1995) Retrieved via clarity-international.net/documents/law_words.pdf accessed 10 June 2017. Law Reform Commission of Victoria, ‘Plain English and the Law Report’ (1987) No 9, Appendix I Drafting manual: Guidelines for drafting in plain English Black’s Law Dictionary (2nd Pocket Edition), definition via lawyerist.com/28922/thy-legal-writing-shall-not-include-shall/, accessed 10 June 2017. Joseph Kimble, ‘What is plain language?’ (2002) Retrieved via plainlanguage.gov/whatisPL/definitions/Kimble.cfm, accessed 10 June 2017. BA Garner, ‘Learning to Loathe Legalese’ (November 2006) Retrieved via michbar.org/file/barjournal/article/documents/pdf4article1085.pdf, accessed 10 June 2017. DM Oppenheimer, ‘Consequences of Erudite Vernacular Utilized Irrespective of Necessity: Problems with Using Long Words Needlessly’ Applied Cognitive Psychology, (31 October 2005) Retrieved via ucd.ie/artspgs/semantics/ConsequencesErudite.pdf, accessed on 10 June 2017. For more word swap ideas: http://www.plainenglish.co.uk/files/alternative.pdf Head to https://www.checklistlegal.com/podcast for show notes, resources links, and templates. Music: 'Sway this way' by @SilentPartner

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ABA Journal: Modern Law Library : Bryan Garner reflects on his friendship with Justice Antonin Scalia in ‘Nino and Me’

ABA Journal Podcasts - Legal Talk Network

Play Episode Listen Later Jan 17, 2018 36:18

To Bryan Garner, editor in chief of Black’s Law Dictionary, Justice Antonin Scalia was a friend, a mentor, a collaborator and a fellow lover of words. In the wake of Scalia’s death on Feb. 13, 2016, Garner reflected back over their relationship, from their first brief introduction in 1988 to the trip they took to Asia together in the last weeks of Scalia’s life. In this episode of the Modern Law Library, Garner speaks with the ABA Journal’s Lee Rawles about what gave him the confidence to ask a sitting Supreme Court justice to co-author two books; the four style issues he and Scalia were never able to agree on; and what it was like to write his first memoir.

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Bryan Garner reflects on his friendship with Justice Antonin Scalia in ‘Nino and Me’

ABA Journal: Modern Law Library

Play Episode Listen Later Jan 17, 2018 36:18

To Bryan Garner, editor in chief of Black’s Law Dictionary, Justice Antonin Scalia was a friend, a mentor, a collaborator and a fellow lover of words. In the wake of Scalia’s death on Feb. 13, 2016, Garner reflected back over their relationship, from their first brief introduction in 1988 to the trip they took to Asia together in the last weeks of Scalia’s life. In this episode of the Modern Law Library, Garner speaks with the ABA Journal’s Lee Rawles about what gave him the confidence to ask a sitting Supreme Court justice to co-author two books; the four style issues he and Scalia were never able to agree on; and what it was like to write his first memoir.

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BEE 038 Teenpreneur Essynce Moore, CEO Essynce Couture LLC,

Black Entrepreneur Experience

Play Episode Listen Later Dec 20, 2017 43:34

BEE 38 – Essynce Moore Essynce Moore, CEO of Essynce Couture LLC, teen entrepreneur, child fashion designer, author, actress and motivational speaker. In this episode, this amazing young lady tells us about her journey from designing clothes for fun as a six year old, learning from her entrepreneur mother, and then starting her business at ten years old, to the present day as a 14 years old CEO that also attends high school and is expanding her business everyday. Books: “The 48 Laws of Power” – Robert Greene https://www.goodreads.com/book/show/1303.The_48_Laws_of_Power “The Black Law Dictionary” – Henry Campbell Black https://en.wikipedia.org/wiki/Black%27s_Law_Dictionary Social media tools: instagram.com snapchat.com Connect: https://www.instagram.com/essyncecouturellc/ https://twitter.com/essyncecouture https://www.facebook.com/EssynceCouture/ http://www.essyncecouture.com/

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Sarah Palin vs The New York Times

The Castle Report

Play Episode Listen Later Aug 4, 2017 9:19

Darrell Castle reports on the lawsuit filed by Sarah Palin against The New York Times for libel. Transcript Notes Sarah Palin vs The New York Times Hello this is Darrell Castle with today's Castle Report. Today is Friday August 4, 2017 and on today's Report I will be talking about a lawsuit that was filed on June 27, 2017 by Sarah Palin against The New York Times for libel. The case was filed in the Southern District of New York and assigned to Judge Jed Rakoff who has been on the Federal Bench since he was appointed by Bill Clinton in 1996. The New York Times, the gray lady, I have always thought of it as the best newspaper in the world and I have had home delivery for many years. The masthead of the Times says everything. “All the news that's fit to print” right on the upper left column of the paper, has been synonymous with the Times since the beginning. But according to Mrs. Palin and her legal team, and by the Times own admission, as we will see, this time they printed something that was not fit to print. The June 14 2017 edition of the Times carried an editorial on its opinion pages entitled America's Lethal Politics. The point of the article was to put forward the argument that political rhetoric from certain people was responsible for inciting political violence such as the violence that wounded Representative Gabby Giffords and killed six people in 2011. The article was written shortly after the attack on a Congressional baseball game that wounded Representative Steve Scalise. A quote from the Times editorial provoked Mrs. Palin to action: “Was this attack evidence of how vicious American politics has become? Probably. In 2011, Jared Lee Loughner opened fire in a supermarket parking lot, grievously wounding Representative Gabby Giffords and killing six people, including a 9-year old girl. At the time, we and others were sharply critical of the heated political rhetoric on the right. Before the shooting, Sarah Palin's political action committee circulated a map that showed the targeted electoral districts of Ms. Giffords and 19 other Democrats under stylized cross hairs. But in that case no connection to the shooting was ever established.” So, with one brief paragraph the world's best newspaper basically accused Mrs. Palin of inciting mass murder. Well, it turned out that no connection to the shooting was ever established because there was no connection to the shooting. Mrs. Palin's electoral map had nothing to do with the shooting and the Times apparently knew that. Jared Loughner was apparently a very disturbed man who had a personal fascination with representative Giffords which was not even connected to her political views. The times quickly figured out that they had published something that they apparently knew to be false because two days later on June 16 they published the following “correction”: “An editorial on Thursday about the shooting of Representative Steve Scalise incorrectly stated that a link existed between political rhetoric and the 2011 shooting of Representative Gabby Giffords. In fact, no such link was established. The editorial also incorrectly described a map distributed by a political action committee before that shooting. It depicted electoral districts, not individual Democratic lawmakers, beneath stylized cross hairs”. The correction was too little too late for Mrs. Palin who apparently decided that enough was enough. She contacted her lawyer in Tampa Florida who together with a New York firm filed suit on June 27, alleging libel and slander, but Mrs. Palin is obviously a public figure and the law holds that in order to recover for such offenses a public figure must prove actual malice. What is actual malice? According to Black's Law Dictionary it is “the deliberate intent to commit an injury, as evidenced by external circumstances.” So the defendant or the one who defames has what could be termed a qualified privilege to defame public figures. The public figure, on the other hand,

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EPISODE #24 THE BLACK EPISODE w/ SUN DAZE

PODCAST - Tell Me The Truth

Play Episode Listen Later Mar 14, 2016 68:05

Sunny Daze talks about different aspects relating to existing in America as a person of color. Using Webster’s Dictionary, Black’s Law Dictionary, and Anatomy and Physiology reference, Daze explores the scientific and etymological theories regarding “Race”. True racism is a scientific belief. Today we battle with extreme prejudice which is the Mother of racism. All in all, Gender, Race, Age and even Nationality are being used to divide us as a human race. Don’t fall for the trap. Enjoy!

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EPISODE #5 BLACK'S LAW

PODCAST - Tell Me The Truth

Play Episode Listen Later Oct 18, 2015 173:11

Sunny Daze discusses words he finds interesting. Using the “Black’s Law Dictionary”, originally written by Joseph Cambell Black, Sunny goes deep into the legal meaning of certain words. Hope you enjoy.

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Knoware In Time ~ Walking The Talk With Kurt

Play Episode Listen Later Jan 30, 2015 126:00

The time/space "prison," the Alpha and Omega, as well as the "light at the end of the tunnel" See: "Spaceballs" movie link on time:https://www.youtube.com/watch?v=qzO4BSTnkgg It has been said that a journey of a thousand miles begins with a single step. So the question is: What if your first step is in the wrong direction? In 2009 I decided to walk to Washington DC in what I now jokingly refer to as a “one man march against tyranny.” Like most people, I believed all the answers to my questions were to be found somewhere in the “seat” of “our” government. What a wake-up call that was. I couldn’t wait to get the hell out of that god forsaken place called the District of Columbia. I’ve never seen so many homeless people or beggars in my life right there in the middle of the so-called Capitol of the wealthiest and most successful “country” on Earth. So what began as an innocent but angry walk of ignorant “patriotism” ultimately turned into a full-blown quest for the Truth behind a global tyranny. My five-year journey has taken me from numerous myths . . . to the spell-binding power and sorcery of the legal “terms” found within the pages of Black’s Law Dictionary. It has solidified hidden connections between the fictitious financial, religious, and scientific “worlds” or planes of existence and made very clear the “mitochondrial DNA” make-up of the so-called Matrix. I am no longer imprisoned by architectural or artificial constructs of time and space, nor a “house divided” – separated as church/state, subject/matter, or spirit/body – from myself. I now know the way home and it’s about time that everybody else in the World knows it too. Sincerely, K

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Knoware In Time ~ Walking The Talk With Kurt

Play Episode Listen Later Jan 3, 2015 143:00

The “Birth Certificate Character” – is Catholic . . . . . . It has been said that a journey of a thousand miles begins with a single step. So the question is: What if your first step is in the wrong direction? In 2009 I decided to walk to Washington DC in what I now jokingly refer to as a “one man march against tyranny.” Like most people, I believed all the answers to my questions were to be found somewhere in the “seat” of “our” government. What a wake-up call that was. I couldn’t wait to get the hell out of that god forsaken place called the District of Columbia. I’ve never seen so many homeless people or beggars in my life right there in the middle of the so-called Capitol of the wealthiest and most successful “country” on Earth. So what began as an innocent but angry walk of ignorant “patriotism” ultimately turned into a full-blown quest for the Truth behind a global tyranny. My five-year journey has taken me from numerous myths . . . to the spell-binding power and sorcery of the legal “terms” found within the pages of Black’s Law Dictionary. It has solidified hidden connections between the fictitious financial, religious, and scientific “worlds” or planes of existence and made very clear the “mitochondrial DNA” make-up of the so-called Matrix. I am no longer imprisoned by architectural or artificial constructs of time and space, nor a “house divided” – separated as church/state, subject/matter, or spirit/body – from myself. I now know the way home and it’s about time that everybody else in the World knows it too. Sincerely, K

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TJ Morris Treasure Show -Worldview Attitude

TJ Morris ET Radio

Play Episode Listen Later Dec 20, 2014 136:00

Theresa J Morris of Kentucky, Tommy Hawksblood aka Thomas Anthony Sinisi of Hawaii formerly of New Jersey and Nick Weston Winnepeg, Canada share information in a free style discussion almost debate...on various topics and attitudes toward worldview attitudes. TJ Morris's Treasure Show shares we need an affirming sustainable Worldview Attitude sharing awareness of the ALL in each of us and how we can share community online people and our known good, bad, indifferent, life together as soul energy. Words we share are Community Online Practicing Skills, Treasure as Stargate, Portal, Grid, Akashic Field, Survival, Sustainability, Good, Polarization,Belief, Belief networks, Christian worldview, Cognitive bias, Contemplation,Cultural identity, Eschatology, Extrospection, Ideology, Life stance, Mental model, Metaknowledge, Metanarrative. Metaphysics, Mindset, Ontology, Organizing principle, Paradigm, Perspective, Philosophy, Psycholinguistics, Reality, Reality tunnel, Received view, Religion. Scientific modeling, Scientism, Social justice, Social reality, Socially constructed reality, Subjective logic, Time, Truth, Umwelt, Attitude, polarization. Many words we research in Black's Law Dictionary with the world with Jairo Ammun Bennu of UK. Theresa J Morris of USA is creator of this archive communication as http://tjmorriset.com, http://aliencommand.aliencontact.org, http://ascensioncenterorg.com, http://acennonprofitinc.org, http://tjmorrismedia.com, http://theresaJmorris.com, http://tjthurmondmorris.com - TJ has been told our archives in cyberspace and where we keep them in the older servers and older programs is being upgraded so changes will have to be made on our old websites. TJMorrisHosting.com, TJMorrisMedia, with TJMorrisET.

Knoware In Time ~ Walking The Talk With Kurt

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Play Episode Listen Later Nov 22, 2014 123:00

To All the Newly Awakened, It has been said that a journey of a thousand miles begins with a single step. So the question is: What if your first step is in the wrong direction? In 2009 I decided to walk to Washington DC in what I now jokingly refer to as a “one man march against tyranny.” Like most people, I believed all the answers to my questions were to be found somewhere in the “seat” of “our” government. What a wake-up call that was. I couldn’t wait to get the hell out of that god forsaken place called the District of Columbia. I’ve never seen so many homeless people or beggars in my life right there in the middle of the so-called Capitol of the wealthiest and most successful “country” on Earth. So what began as an innocent but angry walk of ignorant “patriotism” ultimately turned into a full-blown quest for the Truth behind a global tyranny. My five-year journey has taken me from numerous patriot myths regarding the Constitution, Common Law, and the rather pedestrian 14th Amendment commercial “citizenship” to the spell-binding power and sorcery of the legal “terms” found within the pages of Black’s Law Dictionary. It has solidified hidden connections between the fictitious financial, religious, and scientific “worlds” or planes of existence and made very clear the “mitochondrial DNA” make-up of the so-called Matrix. I am no longer imprisoned by architectural or artificial constructs of time and space. I am no longer a “house divided” - separated as church/state, subject/matter, or spirit/body - from myself. I now know the way home and it’s about time that everybody else in the World knows it too. Sincerely, K https://app.box.com/s/7zkjkyne72qvcpxtb35r Document discussed on tonight's show

Knoware In Time ~ Walking The Talk With Kurt

love black world earth peace truth washington dc walking dna matrix columbia capitol constitution amendment common law flow of life law dictionary

Play Episode Listen Later Oct 18, 2014 121:00

To All the Newly Awakened, It has been said that a journey of a thousand miles begins with a single step. So the question is: What if your first step is in the wrong direction? In 2009 I decided to walk to Washington DC in what I now jokingly refer to as a “one man march against tyranny.” Like most people, I believed all the answers to my questions were to be found somewhere in the “seat” of “our” government. What a wake-up call that was. I couldn’t wait to get the hell out of that god forsaken place called the District of Columbia. I’ve never seen so many homeless people or beggars in my life right there in the middle of the so-called Capitol of the wealthiest and most successful “country” on Earth. So what began as an innocent but angry walk of ignorant “patriotism” ultimately turned into a full-blown quest for the Truth behind a global tyranny. My five-year journey has taken me from numerous patriot myths regarding the Constitution, Common Law, and the rather pedestrian 14th Amendment commercial “citizenship” to the spell-binding power and sorcery of the legal “terms” found within the pages of Black’s Law Dictionary. It has solidified hidden connections between the fictitious financial, religious, and scientific “worlds” or planes of existence and made very clear the “mitochondrial DNA” make-up of the so-called Matrix. I am no longer imprisoned by architectural or artificial constructs of time and space. I am no longer a “house divided” - separated as church/state, subject/matter, or spirit/body - from myself. I now know the way home and it’s about time that everybody else in the World knows it too. Sincerely, K Kurts work: http://trustandcontract.wordpress.com/

Knoware In Time ~ Walking The Talk With Kurt

love black world earth peace truth washington dc walking dna matrix columbia capitol constitution amendment common law flow of life law dictionary

Play Episode Listen Later Sep 27, 2014 119:00

To All the Newly Awakened, It has been said that a journey of a thousand miles begins with a single step. So the question is: What if your first step is in the wrong direction? In 2009 I decided to walk to Washington DC in what I now jokingly refer to as a “one man march against tyranny.” Like most people, I believed all the answers to my questions were to be found somewhere in the “seat” of “our” government. What a wake-up call that was. I couldn’t wait to get the hell out of that god forsaken place called the District of Columbia. I’ve never seen so many homeless people or beggars in my life right there in the middle of the so-called Capitol of the wealthiest and most successful “country” on Earth. So what began as an innocent but angry walk of ignorant “patriotism” ultimately turned into a full-blown quest for the Truth behind a global tyranny. My five-year journey has taken me from numerous patriot myths regarding the Constitution, Common Law, and the rather pedestrian 14th Amendment commercial “citizenship” to the spell-binding power and sorcery of the legal “terms” found within the pages of Black’s Law Dictionary. It has solidified hidden connections between the fictitious financial, religious, and scientific “worlds” or planes of existence and made very clear the “mitochondrial DNA” make-up of the so-called Matrix. I am no longer imprisoned by architectural or artificial constructs of time and space. I am no longer a “house divided” - separated as church/state, subject/matter, or spirit/body - from myself. I now know the way home and it’s about time that everybody else in the World knows it too. Sincerely, K Kurts work: http://trustandcontract.wordpress.com/

Knoware In Time ~ Walking The Talk With Kurt

love black world earth peace truth washington dc walking dna matrix columbia capitol constitution amendment common law flow of life law dictionary

Play Episode Listen Later Aug 16, 2014 122:00

To All the Newly Awakened, It has been said that a journey of a thousand miles begins with a single step. So the question is: What if your first step is in the wrong direction? In 2009 I decided to walk to Washington DC in what I now jokingly refer to as a “one man march against tyranny.” Like most people, I believed all the answers to my questions were to be found somewhere in the “seat” of “our” government. What a wake-up call that was. I couldn’t wait to get the hell out of that god forsaken place called the District of Columbia. I’ve never seen so many homeless people or beggars in my life right there in the middle of the so-called Capitol of the wealthiest and most successful “country” on Earth. So what began as an innocent but angry walk of ignorant “patriotism” ultimately turned into a full-blown quest for the Truth behind a global tyranny. My five-year journey has taken me from numerous patriot myths regarding the Constitution, Common Law, and the rather pedestrian 14th Amendment commercial “citizenship” to the spell-binding power and sorcery of the legal “terms” found within the pages of Black’s Law Dictionary. It has solidified hidden connections between the fictitious financial, religious, and scientific “worlds” or planes of existence and made very clear the “mitochondrial DNA” make-up of the so-called Matrix. I am no longer imprisoned by architectural or artificial constructs of time and space. I am no longer a “house divided” - separated as church/state, subject/matter, or spirit/body - from myself. I now know the way home and it’s about time that everybody else in the World knows it too. Sincerely,

Walking The Talk With Kurt

love black world earth peace truth washington dc walking dna public matrix columbia capitol constitution amendment common law flow of life law dictionary

Play Episode Listen Later Jul 19, 2014 138:00

Public vs Private To All the Newly Awakened, It has been said that a journey of a thousand miles begins with a single step. So the question is: What if your first step is in the wrong direction? In 2009 I decided to walk to Washington DC in what I now jokingly refer to as a “one man march against tyranny.” Like most people, I believed all the answers to my questions were to be found somewhere in the “seat” of “our” government. What a wake-up call that was. I couldn’t wait to get the hell out of that god forsaken place called the District of Columbia. I’ve never seen so many homeless people or beggars in my life right there in the middle of the so-called Capitol of the wealthiest and most successful “country” on Earth. So what began as an innocent but angry walk of ignorant “patriotism” ultimately turned into a full-blown quest for the Truth behind a global tyranny. My five-year journey has taken me from numerous patriot myths regarding the Constitution, Common Law, and the rather pedestrian 14th Amendment commercial “citizenship” to the spell-binding power and sorcery of the legal “terms” found within the pages of Black’s Law Dictionary. It has solidified hidden connections between the fictitious financial, religious, and scientific “worlds” or planes of existence and made very clear the “mitochondrial DNA” make-up of the so-called Matrix. I am no longer imprisoned by architectural or artificial constructs of time and space. I am no longer a “house divided” - separated as church/state, subject/matter, or spirit/body - from myself. I now know the way home and it’s about time that everybody else in the World knows it too. Sincerely, K

Bryan Garner on legal neologisms and how ‘Black’s Law Dictionary’ keeps up (podcast with transcript)

ABA Journal: Asked and Answered

Play Episode Listen Later Jul 7, 2014 16:59

black legal up podcast neologisms law dictionary bryan garner

Walking The Talk With Kurt

love black world earth peace truth washington dc walking dna matrix columbia capitol constitution amendment common law flow of life law dictionary

Play Episode Listen Later Jun 28, 2014 141:00

To All the Newly Awakened, It has been said that a journey of a thousand miles begins with a single step. So the question is: What if your first step is in the wrong direction? In 2009 I decided to walk to Washington DC in what I now jokingly refer to as a “one man march against tyranny.” Like most people, I believed all the answers to my questions were to be found somewhere in the “seat” of “our” government. What a wake-up call that was. I couldn’t wait to get the hell out of that god forsaken place called the District of Columbia. I’ve never seen so many homeless people or beggars in my life right there in the middle of the so-called Capitol of the wealthiest and most successful “country” on Earth. So what began as an innocent but angry walk of ignorant “patriotism” ultimately turned into a full-blown quest for the Truth behind a global tyranny. My five-year journey has taken me from numerous patriot myths regarding the Constitution, Common Law, and the rather pedestrian 14th Amendment commercial “citizenship” to the spell-binding power and sorcery of the legal “terms” found within the pages of Black’s Law Dictionary. It has solidified hidden connections between the fictitious financial, religious, and scientific “worlds” or planes of existence and made very clear the “mitochondrial DNA” make-up of the so-called Matrix. I am no longer imprisoned by architectural or artificial constructs of time and space. I am no longer a “house divided” - separated as church/state, subject/matter, or spirit/body - from myself. I now know the way home and it’s about time that everybody else in the World knows it too. Sincerely, K

Walking The Talk with Kurt

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Play Episode Listen Later May 17, 2014 123:00

To All the Newly Awakened, It has been said that a journey of a thousand miles begins with a single step. So the question is: What if your first step is in the wrong direction? In 2009 I decided to walk to Washington DC in what I now jokingly refer to as a “one man march against tyranny.” Like most people, I believed all the answers to my questions were to be found somewhere in the “seat” of “our” government. What a wake-up call that was. I couldn’t wait to get the hell out of that god forsaken place called the District of Columbia. I’ve never seen so many homeless people or beggars in my life right there in the middle of the so-called Capitol of the wealthiest and most successful “country” on Earth. So what began as an innocent but angry walk of ignorant “patriotism” ultimately turned into a full-blown quest for the Truth behind a global tyranny. My five-year journey has taken me from numerous patriot myths regarding the Constitution, Common Law, and the rather pedestrian 14th Amendment commercial “citizenship” to the spell-binding power and sorcery of the legal “terms” found within the pages of Black’s Law Dictionary. It has solidified hidden connections between the fictitious financial, religious, and scientific “worlds” or planes of existence and made very clear the “mitochondrial DNA” make-up of the so-called Matrix. I am no longer imprisoned by architectural or artificial constructs of time and space. I am no longer a “house divided” - separated as church/state, subject/matter, or spirit/body - from myself. I now know the way home and it’s about time that everybody else in the World knows it too. Sincerely, K

Bryan Garner on the Latest Edition of Black’s Law Dictionary

Lawyer 2 Lawyer - Law News and Legal Topics

Play Episode Listen Later May 5, 2014 34:03

Due out this week is the 10th edition of Black's Law Dictionary. With 16,000 new definitions, 900 new maxims, and terms dated back to their first English usage, Black's Law Dictionary 10th Edition is touted to be the most comprehensive and relevant collection of legal terminology to date. But what goes into making this legal reference and how does it stay relevant in today's world? On this episode of Lawyer 2 Lawyer, hosts Bob Ambrogi and J. Craig Williams interview Black's Law Dictionary's editor-in-chief Professor Bryan A. Garner. Together they discuss the army of 300 professionals and scholars who deciphered true meanings from historic documents, ancient language, and modern usage. Tune in to hear Garner describe what goes into updating Black's and why he believes attorneys will continue to use it for generations to come. Bryan A. Garner is a U.S. lawyer, lexicographer, and teacher who has written several books about English usage and style, including Garner's Modern American Usage and Elements of Legal Style. He has served as editor-in-chief of Black's Law Dictionary since 1995, and coauthored two books with Justice Antonin Scalia: Making Your Case: The Art of Persuading Judges, and Reading Law: The Interpretation of Legal Texts. Professor Garner is a prolific lecturer, having taught more than 2,500 writing workshops since the 1991 founding of his company, LawProse, Inc., and he is a distinguished Research Professor of Law at Southern Methodist University Dedman School of Law.

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Walking the Talk with Kurt ~ "The Beast"

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Play Episode Listen Later Apr 19, 2014 164:00

To All the Newly Awakened, It has been said that a journey of a thousand miles begins with a single step. So the question is: What if your first step is in the wrong direction? In 2009 I decided to walk to Washington DC in what I now jokingly refer to as a “one man march against tyranny.” Like most people, I believed all the answers to my questions were to be found somewhere in the “seat” of “our” government. What a wake-up call that was. I couldn’t wait to get the hell out of that god forsaken place called the District of Columbia. I’ve never seen so many homeless people or beggars in my life right there in the middle of the so-called Capitol of the wealthiest and most successful “country” on Earth. So what began as an innocent but angry walk of ignorant “patriotism” ultimately turned into a full-blown quest for the Truth behind a global tyranny. My five-year journey has taken me from numerous patriot myths regarding the Constitution, Common Law, and the rather pedestrian 14th Amendment commercial “citizenship” to the spell-binding power and sorcery of the legal “terms” found within the pages of Black’s Law Dictionary. It has solidified hidden connections between the fictitious financial, religious, and scientific “worlds” or planes of existence and made very clear the “mitochondrial DNA” make-up of the so-called Matrix. I am no longer imprisoned by architectural or artificial constructs of time and space. I am no longer a “house divided” - separated as church/state, subject/matter, or spirit/body - from myself. I now know the way home and it’s about time that everybody else in the World knows it too. Sincerely, K

One Point of View with Kurt Kallenbach