bifurcated

adjective

bi·​fur·​cat·​ed | \ ˈbī-(ˌ)fər-ˌkā-təd  , bī-ˈfər- \

Definition of bifurcated

: divided into two branches or parts

This near-earth asteroid appears as a bifurcated structure, consisting of two distinct lobes that seem to be in contact.— Richard P. Binzel et al.The town is a bifurcated community—two distinct communities in one, really.— Dennis Farney… the strange bifurcated world of whiteness and blackness in which I was born and reared.— William Styron

Real estate. In valuing property, the use that will generate the most profit.

• This standard is used esp. to determine the fair market value of property subject to eminent
domain. — Often shortened to best use. — Also termed most suitable use. [Cases: Taxation
348(3).] Black's Law 8th Edition

operation of law. The means by which a right or a liability is created for a party regardless of
the party's actual intent

constructive trust. An equitable remedy that a court imposes against one who has obtained property by wrongdoing. • A constructive trust, imposed to prevent unjust enrichment, creates no fiduciary relationship. Despite its name, it is not a trust at all. Cf. resulting trust. — Also termed implied trust; involuntary trust; trust de son tort; trust ex delicto; trust ex maleficio; remedial trust; trust in invitum. See trustee de son tort under TRUSTEE. Cf. resulting trust. [Cases: Trusts
91–111. C.J.S. Trover and Conversion §§ 10, 12, 174–201.]

“A constructive trust is the formula through which the conscience of equity finds expression. When property has been acquired in such circumstances that the holder of the legal title may not in good conscience retain the beneficial interest, equity converts him into a trustee.” Beatty v.Guggenheim Exploration Co., 122 N.E. 378, 380 (N.Y. 1919)(Cardozo, J.).Black's Law Dictionary (8th ed. 2004) , Page 4702

“It is sometimes said that when there are sufficient grounds for imposing a constructive trust, the court ‘constructs a trust.’ The expression is, of course, absurd. The word ‘constructive’ is derived from the verb ‘construe,’ not from the verb ‘construct.’ … The court construes the circumstances in the sense that it explains or interprets them; it does not construct them.” 5 Austin W. Scott & William F. Fratcher, The Law of Trusts § 462.4 (4th ed. 1987).

informant. One who informs against another; esp., one who confidentially supplies
information to the police about a crime, sometimes in exchange for a reward or special treatment.
— Also termed informer; feigned accomplice.

citizen-informant. A witness who, without expecting payment and with the public good in
mind, comes forward and volunteers information to the police or other authorities.

information. A formal criminal charge made by a prosecutor without a grand-jury indictment.
See Fed. R. Crim. P. 7. • The information is used to prosecute misdemeanors in most states, and
about half the states allow its use in felony prosecutions as well. — Also termed bill of
information. Cf. INDICTMENT. [Cases: Indictment and Information 35. C.J.S. Indictments and
Informations §§ 8, 11, 43.]

Pertaining to Draco (an archon [magistrate] of Athens about 621 B.C.; reputed author of the first Athenian written code of laws) or his laws; hence, inflexible; severe.

^{[ fahy-dee-ahy-kuh-mis-uh m ]}SHOW IPAWORD ORIGIN

noun, plural fi·de·i·com·mis·sa  [fahy-dee-ahy-kuh-mis-uh] . Civil Law.

a request by a decedent that the heir or legatee to the estate convey a specified part of the estate to another person, or permit another person to enjoy such a part.

Subordination means an agreement to put a debt or claim which has priority in a lower position behind another debt, particularly a new loan. A property owner with a loan secured by the property who applies for a second mortgage to make additions or repairs usually must get a subordination of the original loan so the new loan has first priority. A declaration of homestead must always be subordinated to a loan.

A debt subordination agreement is a contract in which a junior creditor agrees that its claims against a debtor will not be paid until all senior indebtedness of the debtor is repaid. Under a general subordination agreement, a junior creditor agrees to subordinate its claim to all presently existing and future claims against the debtor. In a specific subordination agreement, a junior creditor subordinates its claim to a particular obligation of the debtor.

“Any one may so arrange his affairs that his taxes shall be as low as possible. He is not bound to choose that pattern which will best pay the Treasury. There is not even a patriotic duty to increase one’s taxes.”

"No one may act in contravention of the law. But no one is bound to leave his property at the mercy of the revenue authorities if he can legally escape their grasp."

“Notionally, the words avoid and evade often are employed synonymously in everyday discourse. In the context of taxation, however, frequently these concepts are ascribed different connotations de-marking the line between conduct which is legal and that which is not.

"It is well recognized that it is not considered untoward for one to avoid taxes by arranging one's affairs so as not to incur tax. "On the other hand, purposely evading of taxes, known to be due and payable, connotes the taking of active steps to elude and shirk one's obligation to pay taxes which have been incurred and are due and owing.”

REFERENCES:

• Bursey v Bursey, 47 RFL (4th) 1 (1999)
• Helvering v Gregory, 69 F. (2d) 809 (1934)
• Lipson v Canada 2009 SCC 1
• Meggarry, Robert Edgar, Miscellany-at-Law (London: Wildy & Sons, 2006), page 71-72.

n. 1) a neutral person (often a professional trustee) appointed by a judge to take charge of the property and business of one of the parties to a lawsuit and receive his/her rents and profits while the right to the moneys has not been finally decided. Appointment of a receiver must be requested by petition of the other party to the suit, and will only be authorized if there is a strong showing that the moneys would not be available when a decision is made. The funds are held for the prevailing party. 2) a person appointed to receive rents and profits coming to a debtor either while a bankruptcy is being processed or while an arrangement is being worked out to pay creditors, so that funds will be paid for debts and possibly available for distribution to creditors. 3) shorthand for one who commits the crime of receiving stolen goods knowing they were obtained illegally.

Attorney General’s opinion- An Attorney General’s opinion is an opinion furnished by the U.S. Attorney General to the President or another executive official on a request concerning a question of law. It also refers to a written opinion given by a state attorney general interpreting a legal provision when requested by a public official. Opinions of the Attorney General have advisory effect only. They do not have the force and effect of the law; and is limited to the facts presented by the official or officials requesting the opinion. Further, the opinions may be changed or recalled due to subsequent court decisions and/or legislative enactments. As the chief legal officer of the State, the Attorney General is responsible for rendering opinions to governmental entities and officers only, and not to private individuals.

Subordination means a person who takes free of a security interest takes title that is not subject to the security interest and can transfer the property to others free of the security interest.

The priority rule of new section 9-317(a) for lien creditors is different.  New section 9-317(a) provides that under the conditions spelled out in new section 9-317(a)(2), as just discussed, a security interest is "subordinate to" the rights of a lien creditor.  Former section 9-301(1)(b) likewise provided for subordination.

Subordination essentially means the lien creditor has the first crack at the property to satisfy the lien.  To oversimplify somewhat, if property worth $1,000 is levied upon to satisfy a $300 judgment before a security interest in the property securing a $1,000 debt was perfected, then the lien creditor gets $300 and the secured party is able to reach only the $700 of "equity" left in the property.  In practice, the resolution of conflicts between lien creditors and secured parties is anything but mathematically precise and determining how and what a secured party actually will realize on its security interest if it is subordinate to a lien creditor can be difficult at best.

2. A set-off was unknown to the common law, according to which mutual debts were distinct and inextinguishable except by actual payment or release. 1 Rawle's R. 293; Babb. on Set-off, 1.

3. The statute 2 Geo. II., c. 22, which has been generally adopted in the United States with some modifications however, allowed, in cases of mutual debts, the defendant to set his debt against the other, either by pleading it in bar, or giving it in evidence, when proper notice had been given of such intention, under the general issue. The statute being made for the benefit of the defendant, is not compulsory; 8 Watts, R. 39; the defendant may Waive his right, and bring a cross action against the plaintiff. 2 Campb. 594; 5 Taunt. 148; 9 Watts, R. 179

4. It seems, however, that in some cases of intestate estates, and of insolvent estates, perhaps owing to the peculiar wording of the law, the statute has been held to operate on the rights of the parties before action brought, or an act done by either of them. 2 Rawle's R. 293; 3 Binn. Rep. 135; Bac. Ab. Bankrupt K.

5. Set-off takes place only in actions on contracts for the payment of money, as assumpsit, debt and covenant. A set-off is not allowed in actions arising ex delicto, as, upon the case, trespass, replevin or detinue. Bull. N. P. 181.

6. The matters which may be set off, may be mutual liquidated debts or damages, but unliquidated damages cannot be set off. 1 Black. R. 394; 2 John. 150; 8 Conn. 325; 1 M'Cord, 7; 3 Wend. 400; 1 Stew. & Port. 19; 2 Yeates, 208; 1 Sumn. 471; 2 Blackf. 31; 1 A. K. Marsh. 41; 6 Halst. 397; 5 Wash. C. C. 232 3 Bibb, 49; 2 Caines, 33. The statutes refer only to mutual unconnected debts; for at common law, when the nature of the employment, transaction or dealings necessarily constitute an account consisting of...

Legal Fiction. Believing or assuming something that is not true is true. Used in judicial reasoning for avoiding issues where a new situation comes up against the law, changing how the law is applied, but not changing the text of the law.

An assumption or supposition of law that something which is or may be false is true, or that a state of facts exists-which has never really taken place. New Hampshire Strafford Bank v. Cornell, 2 N. H.324; Hibberd v. Smith, 07 Cal. 547, 4 Pac. 473, 56 Am. Rep. 720.A fiction is a rule of law which assumes as true, and will not allow to be disproved,something which is false, but not impossible. Best, Ev. 419.These assumptions are of an innocent or even beneficial character, and are made for the advancement of the ends of justice. They secure this end chiefly by the extension of procedure from cases to which it is applicable to other cases to which it is not strictly applicable, the ground of inapplicability being some difference of an immaterial character. Brown.Fictions are to be distinguished from presumptions of law. By the former, something known to be false or unreal is assumed as true; by the latter, an inference is set up,which may be and probably is true, but which, at any rate, the law will not permit to be controverted.Mr. Best distinguishes legal fictions from presumptions juris et de jure, and divides them into three kinds.

DISCHARGE OF A CONTRACT. The act of making a contract or agreement null.

Agricultural lien" means an interest, other than a security interest, in farm products:

(A) which secures payment or performance of an obligation for:

(i) goods or services furnished in connection with a debtor's farming operation; or

(ii) rent on real property leased by a debtor in connection with its farming operation;

(B) which is created by statute in favor of a person that:

(i) in the ordinary course of its business furnished goods or services to a debtor in connection with a debtor's farming operation; or

(ii) leased real property to a debtor in connection with the debtor's farming operation; and

(C) whose effectiveness does not depend on the person's possession of the personal property.

a proper respect for state functions, a recognition of the fact that the entire country is made up of a Union ofseparate State governments, and a continuance of the belief that the National Government will fare best if theStates and their institutions are left free to perform their separate functions in their separate ways. (Younger v.Harris, 401 U.S. 37, 91S. Ct. 746, 27 L. Ed. 2d 669 [1971])

A trust in which the trustor retains the power to revoke the trust agreement and have the assets returned to him or other designated individuals within ten years.

 A trust which is required by its Indenture to distribute all the income in any year to the beneficiaries.

A trust in which the trustor does not retain the power to revoke the trust agreement, or in which he can do so only after a ten year period.

A trust which goes into effect during the grantor’s life.

A trust in which the trustees have the discretion to distribute any, all, or any portion, of the trust income to the beneficiaries in any year.

In General: A right of property real or personal, held by one party for the benefit of another - by trust agreement.

 A legal wrong committed upon the person or property independent of contract. It may be either (1) a direct invasion of some legal right of the individual; (2) the infraction of some public duty by which special damage accrues to the individual; (3) the violation of some private obligation by which like damage accrues to the individual. Three elements of every tort action are: Existence of legal duty from defendant to plaintiff, breach of duty, and damage as proximate result.

The means whereby the owner of lands comes into legal possession of his property. The union of all the elements which constitute ownership. The right to or ownership in lands; also the evidence of such ownership. A perfect title requires the union of possession and the right to the thing possessed.

The taking of the property (wealth) of another without his consent and with the intent to deprive him of it. May be accomplished by force, intimidation, fraud or any combination of these. Wealth must have been created before it can be stolen. (See "TAXES")

 A person who makes a will. A person who has died leaving a valid will.

Holding; possessing. Length of time of holding or 'possessing; terms; conditions, etc. on which anything is held or occupied.

 Those who hold property,, or lands in common.

A person who follows or succeeds another in office, position or ownership of property. A person or thing that comes next 'after another in a series.

 Subjective evaluation of the relationship between the total amount of goods consumed and the total needs and desires.

 Law. A person who settles property on someone, or creates a trust of property.

 A well-founded claim. The ideas of claim and that the claim must be well-founded always constitute the idea of right. If these claims inhere in the very nature of man himself, they are called inherent, inalienable rights. Right and obligation are correlative ideas. The idea of a well-founded claim becomes in law a claim founded in or established by the law; so that it is said that a right in law is an acknowledged claim. Thus, at law, no right is brought into existence until a well-founded claim is made in a proper and timely manner.

A return to a former condition; the return of property to the grantor or his heirs. An estate returning to the person who granted it or his heirs.

 A written statement giving that one resigns.

The number of members of any assembly (or body) that must be present if the business done is to be legal or binding. More than one half the membership usually constitutes a quorum if no special rule exists.

A deed of conveyance operating by way of release; that is, intended to pass any title, interest, or claim which the grantor may have in the premises, but not professing that such title is valid, nor containing any warranty or covenants for title.

 A term often used to refer to a trust brought into existence pursuant to the common law right of contract. These contractually created entities are generally formed through the utilization of two basic documents. The first document is the Declaration of Trust under which a Trustee receives property, from a Creator or Grantor and contractually obligates himself, upon receipt of the property, to manage the property. The second document is the Trust Indenture. The Trustee accepting the property and undertaking to manage this corpus is contractually bound to follow, strictly, the specific terms of the Trust Indenture in Carrying out his duties. Thus, the documents creating the Trust impose contractual obligations on the trustee to act as fiduciary with respect to the property and funds placed in his hands, initially by the Creator or Grantor.

 The duties of the protector of a trust are to ensure that the trustee acts in the best interests of the beneficiary. He may act as counsel to the trustee and generally has the power to replace the trustee at will.

That which is peculiar or proper to any person; that which belongs exclusively to one. In the strict sense, an aggregate of rights which are guaranteed and protected by the law. The term is said to extend to every species of valuable right and interest. More specifically, ownership; the unrestricted and exclusive right.-to a thing; the right to dispose of a thing in every legal way, to possess it, to use it, and to exclude everyone else from interfering with it. The highest right a man can have to anything; being used to refer to that right which one has to lands or tenements, goods or chattels, which no way depends on another man’s courtesy.

 An engagement by which the promisor contracts towards another to perform or to do something in the advantage of the latter. When a promise is made, all that is said at the time in relation to it must be considered; if, therefore, a man promises to pay all he owes, accompanied by a denial that he owes any thing, no action will lie to enforce such a promise. And when the promise is conditional, the condition must be performed before it becomes of binding force.

In the law of bailment. A bailment of goods to a creditor as security for some debt or engagement. A bailment or delivery of goods by a debtor to his creditor, to be kept till the debt be discharged.

The necessary elements to constitute a contract one of "pledge" are: Possession of the pledged property must pass from the pledgor to the pledgee; the legal title to the property must remain in the pledgor; and the pledgee must have a lien on the property for the payment of a debt or the performance of an obligation due him by the pledgor or some other person.

Any limitation or condition which may take away or suspend the power of alienation, or take the subject of it out of commerce, for a period beyond the life or lives in being and 21 years thereafter.

An offer, as an element of a contract, is a proposal to make a contract. It must be made by the person who is to make the promise, and it must be made to the person to whom the promise is made. It may be made either by words or by signs, either orally or in writing, and either personally or by a messenger; but in whatever way it is made, it is not in law an offer until it comes to the knowledge of the person to whom it is made.

 A duty. A tie which binds us to pay or do something agreeably to the laws and customs of the country in which the obligation is made. Express or conventional obligations are those which the obligor binds himself in express terms to perform the obligation is one which arises by operation of law.

Not able to determine the value of; not subject to assessment.

Not able to transfer or pass; not able to sell.

From the Latin nasci, be born. The essential quality of a thing, essence.

As in contrast to juristic person - a natural person is a man, woman or child.

The conveyance of an estate or property by way of pledge for the security of debt, and to become void on payment of it. An estate created by a conveyance absolute in its form, but intended to secure the performance of some act, such as the payment of money, and the like, by the grantor or some other person, and to become void if the act is performed agreeably to the terms prescribed at the time of making such conveyance. Both real and personal property may be mortgaged, and in substantially the same manner, except that a mortgage being in its nature a transfer of title, the laws representing the necessity of possession of personal property and the nature of instruments of transfer being different, require the transfer to be made differently in the two cases. The foregoing definitions are applicable to the common-law conception of a mortgage. But in many states in modern times, it is regarded as a mere lien, and not as creating a title or estate. It is a pledge or security of particular property for the payment of a debt or the performance of some other obligation, whatever form the transaction may take, but is not now regarded as a conveyance in effect, though it may be cast in the form of a conveyance.

 A contract by which one party gives to another party power and authority to act in their behalf in a prescribed manner.

Official misconduct; violation of a trust or duty.

 (Of a trust or business) To Pay the debts of; to settle the accounts of (as in business); to dissolve the trust and discharge the assets for final distribution.

 The state of being under obligation; the debt or other financial obligation of a business, for money, goods, services, etc., received.

 One cognizable or enforceable in a court of law, or one which is complete and perfect so far as regards the apparent right of ownership and possession, but which carries., no beneficial interest in the property, another person being equitably entitled thereto; in either case, the antithesis of "equitable title."

 A species of contract for the possession and profits of lands and tenements either for life or for a certain term of years, or during the pleasure of the parties, which gives rise to the relationship of landlord and tenant. One of its essential properties is, that its duration must be for a shorter period than the duration of the interest of the lessor in the land; for if he disposes of his entire interest it becomes an assignment, and is not a lease. In other words, the granting of a lease always supposes that the grantor reserves to himself a reversion in the leased premises. The party who leases is called the lessor, he to whom the lease is made the lessee, and the compensation or consideration of the lease is the rent. The words lease and demise are frequently used to signify the estate or interest conveyed; but they properly apply to the instrument of conveyance.

 A donation of public lands to a subordinate government, a corporation, or an individual; as from the United States to a state, or to a railroad company to aid in the construction of its roads.

In the most general sense, "land" comprehends any ground, soil, or earth whatsoever. In its more limited sense, the term denotes the quantity and character of the interest or estate which the tenant may own in land.- The term "lands" designates all real estate and the term "land" may include anything that may be classed as real estate or real property.

A legal entity created by law rather than by nature, and having many of the same rights, privileges, freedoms, obligations, and responsibilities of a natural person. A corporation or a trust is a juristic person as is a pure trust organization.

A trust that is not revocable (see REVOCABLE TRUST)

 In Contracts. The right of property which a man has in a thing. (See Insurable Interest). On Debts. The compensation which is paid by the borrower of money to the lender for its use, and generally, by a debtor to his creditor in recompense for his detention of the debt.

Such an interest in a subject of insurance as will entitle the person possessing it to obtain insurance. It is essential to the contract of insurance, as distinguished from a wager policy, that the assured should have a legally recognizable interest in the insured subject, the pecuniary value of which may be appreciated and computed or valued. It is also essential to the contract that the insurer incur a risk in the underwriting venture.

Taxes, duties or impositions. A duty on imported goods or merchandise. The Constitution of the United States gives congress power "to lay and collect taxes, duties, excises, and imposts," and prohibits the states from laying "any imposts or duties on exports or imposts" without the consent of congress. U.S. Const. Art. I, Sect. 8, n.l; Art. I, Sect. 10, n.2.

 To pledge (property, stock, etc.) to a creditor as security for a loan or debt without delivering over. To deliver as security for a loan.

In Contracts. The term applies to inanimate objects and does not include animals or chattels real, as a lease for years of house or land, which chattels does include. In a more limited sense, goods is used for articles of merchandise.

A conveyance or transfer of property, the object of which is to defraud a creditor, or hinder or delay him, or to put such property beyond his reach. A conveyance made with intent to avoid some duty or debt due by or incumbent on the person making the transfer.

Law. Any deliberate misrepresentation of the truth or a fact by which a person attempts to persuade another to do something to his disadvantage: Any intent to deceive is proof of fraud.

A special privilege conferred by government on individuals, and which does not belong to citizens of the country generally by common right.

Held in trust; i.e. A fiduciary possessory is legally responsible for what belongs to another. Of a trustee; of trust and confidence: A guardian acts in a fiduciary capacity.

 An absolute fee which has been paid for the transfer of assets, beyond which no further encumbrances are held, or payments are due. The process of owning property which has been transferred in complete payment without further obligation of any kind. An absolute or fee-simple estate is one in which the owner is entitled to the entire property, with unconditional power of disposition during his life, and descending to his heirs and legal representatives upon his death intestate.

 In American law. A process by which the effects of a debtor are attached in the hands of a third person.

One whose business is to receive and sell goods for a commission, being entrusted with the possession of the goods to be sold, and usually selling in his own name. A factor differs from a "broker" in that he is entrusted with the possession, management, and control of the goods, (which gives him a special property in them,) while a broker acts as a mere intermediary without control or possession of the property; and further, a factor is authorized to buy and sell in his own name, as well as in that of the principal, which a broker is not.

An inland imposition, paid sometimes upon the consumption of the commodity, and frequently upon the retail sale.

Equity. Justice administered according to fairness as contrasted with the strictly formulated rules of common law. It is based on a system of rules and principles which originated in England as an alternative to the harsh rules of common law and which were based on what was fair in a particular situation. One sought relief under this system in courts of equity rather than in courts of law. The term "equity" denotes the spirit and habit of fairness, justness, and right dealing which would regulate the intercourse of men with men. Gilles v. Department of Human Resources Development, 11 Ca1.3d 313, 113 Cal.Rptr. 374, 380, 521 P.2d 110. Equity is a body of jurisprudence, or field of jurisdiction, differing in its origin, theory, and methods from the common law; though procedurally, in the federal courts and most state courts, equitable and legal rights and remedies are administered in the same court. (Black's Law 6th Edition)

In its most enlarged sense, this word is nearly equivalent to taxes, embracing all impositions or charges levied on persons or things; in its more restrained sense, it is often used as equivalent to customs, or imposts.

A human action which is exactly conformable to the laws which require us to obey them. It differs from legal obligation, because a duty cannot always be enforced by the law; it is our duty, for example, to be temperate in eating, but we are under no legal obligation to do so; we ought to love our neighbors, but no law obliges us to love them.

A written instrument under seal, containing a contract or agreement which has been delivered by the party to be bound and accepted by the obligee or covenantee. Any instrument in writing under seal, whether it relates to the conveyance of real estate or to any other matter, as, for instance, a bond, single bill, agreement, or contract of any kind, is as much a deed as is a conveyance of real estate, and after delivery and acceptance, is obligatory.

 The act by which the person who holds the legal title to property or an estate acknowledges and declares that he holds the same in trust to the use of another person or for certain specified purposes. The name is also used to designate the deed or other writing embodying such a declaration.

 In Contracts. A sum of money due by certain and express agreement. All that is due a man under any form of obligation or promise.

Rightfully, of right, lawfully, by legal title. Contrasted with de facto. Of right: Distinguished from de gratia (by favor). By law: Distinguished from de equitable (by equity).

 Actually, in fact, in deed. A term used to denote a thing actually done.

The ability to borrow, on the opinion conceived by the lender that he will be repaid. A debt due in consequence of a contract of hire or borrowing of money.

A person who creates something; originator, author, producer, etc. The person who brings a Business Trust Organization into existence.

In common parlance, any agreement, whether under seal or not.. In effect, this has become the legal meaning in many states, in which private seals have been abolished by statute.

The whole body; material substance of anything; a collection of stocks, bonds, etc. forming the principal of a trust fund or estate, as opposed to the interest or income.

 In the Common Law, the term to signify property in possession. It differs from incorporeal property, which consists of choses in action and easements, as a right of way, and the like.

 Substantial, permanent objects which may be inherited. The term land will include all such.

 Law. A transfer of ownership; the document showing such a transfer; deed.

A mutual agreement between two or more people to do or not to do certain things. A written agreement that can be enforced by law.

 To complete; realize, fulfill, to fulfill or perfect itself.

 That which amounts in view of the law to an act, although the act itself is not really performed.

Law. Something given or done as a return for something given or done by another, without which no contract is binding. The acts or promises which serve as the basis of the bargain on both sides.

 The Law of Conscience as applied to governing the affairs and actions of the individual, and the affairs between individuals. Its essence is the golden rule. Its science is the science of living honestly with one's self and with other individuals. It is the coalescing of the two great powers bestowed upon man by his creator - the power to reason and the power of the spirit, working together in harmony with the laws of God and nature. It is loyalty-to-self, loyalty-to-truth, as revealed to each individual through his conscience. Being the Law of Conscience, it cannot be written - it can only be written about. All that can be written about the Common Law is how it manifests itself through the individual who is loyal to self - loyal to his conscience. It is frequently said that Common Law is custom and usage from immemorial antiquity, that Common Law is the judgments and decrees of courts recognizing these usages and customs, that Common Law is the statutory and case law background of England and the American Colonies before the American Revolution - and now, our courts tell us that there is such a thing as "specialized federal common law," or just "federal common law." None of these are Common Law in its true sense and meaning. At best, they are manifestations of individual decisions and actions in particular situations, pursuant to conscience. Al worst, they are manifestations of decisions and actions in situations wherein reason, spirit, and conscience of the individuals involved were stifled or suspended. To say otherwise is to lose or change the important thing - the true meaning of Common Law.

 The exchange of goods, productions, or property of any kind. Intercourse by way of trade and traffic between different peoples or states and the citizens or inhabitants thereof, including not only the purchase, sale, and exchange of commodities, but also the instrumentalities and agencies by which it is promoted and the instrumentalities and agencies by which it .is carried on, and the transportation of persons as well as of goods, both by land and by sea. The words "commerce" and "trade" are often used interchangeably; but, strictly speaking, commerce relates to intercourse or dealings with foreign nations, states, or political communities, while trade denotes business intercourse or mutual traffic within the limits of a state or nation, or the buying, selling, and exchanging of articles between members of the same community.

 This term is generally used to designate the Roman jurisprudence, or Roman Civil Law. In its most extensive sense, the term Roman Law comprises all those legal rules and principles which were in force among the Romans, without reference to the time when they were adopted. But in a more restricted sense we understand it to be the law compiled under the auspices of the Emperor Justinian. This system of law is the antithesis of the Common Law in that its fundamental premise is that sovereignty resides in a ruler, or ruling body; whereas the fundamental premise of the Common Law is that sovereignty resides in the individual, and in the people as a whole. The influence upon (and, indeed, the usurpation of) principles, practices and usages of the Common Law System in the United States by Roman Civil Law jurisprudence cannot be denied by the impartial inquirer.

In Practice. In the Civil Law. A personal action which is instituted to compel payment, or the doing of some other thing which is purely civil. At Common Law. An action which has for its object the recovery of private or civil rights or compensation for their infraction.

 A right to receive or recover a debt, or money, or damages for breach of contract, or for a tort connected with contract, but which cannot be enforced without action.

 Every species of property, moveable or immovable, which is less than a freehold.

He for whose use and benefit lands or tenements are held by another person. He who has a right to receive the profits and benefits of the estate, but the legal title and possession, together with the duty of defending the same reside in the other.

 The beneficial interests in a Business Trust Organization are divided into Capital Units, evidenced by certificates, conveying to the holder the limited rights to receive their pro-rata share of any distributions of income or assets that may be made by the trustees. The Capital Units are personal property which convey neither legal title to the property nor any voice in the management of the business or the selection of trustees

 An unincorporated organization created and managed by "trustees" for the benefit and profit of persons who hold or may acquire transferable certificates. Similar to stock certificates of a corporation, trust certificates provide individual holders evidence of interest in a trust estate.

A Business Trust Organization often is called a "common-law trust" but this phrase is not descriptive of any of the peculiar characteristics of such organizations.

The basis for the terminology "common-law trust" is that they are created under the common law of contracts and do not depend upon any statute.

As indicated by its name, a Business Trust is an estate adapted to business or commercial activities. Reduced to its bare essentials, the Business Trust Organization consists of a combination of capital vested in trustees who manage the entity profitably for trust holders of beneficial interest.

 That which occupies the time, attention, and labor of men for the purpose of a livelihood or profit. "Business" is often synonymous with calling, occupation, or trade. The doing of a single act pertaining to a particular business will not be considered engaging in or carrying on the business; yet a series of such acts would be so considered.

 In Contracts. A written agreement, formerly limited to one under seal, by which one person assigns or transfers his right to or interest in goods and personal chattels to another. It is in frequent use in the transfer of personal property, especially that of which immediate possession is not or cannot be given. The effect of a Bill of Sale is to transfer the property in the thing sold.

A person for whose benefit a trust exists. A person who receives, or is named to receive, money or property from a trust.

 Profit, benefit, or advantage resulting from a contract, or the ownership of an estate as distinct from the legal ownership or control. A cestui que trust has the beneficial interest in a trust estate while the trustee has the legal estate.

 An unincorporated society; a body of persons united and acting together without a charter, but upon the methods and forms used by incorporated bodies for the prosecution of some common enterprise. It is fundamentally a large partnership, from which it differs in that it is not bound by the acts of the individual partners, but only by those of its managers or trustees, and that shares in it are transferable, and it is not dissolved by the retirement, death, or bankruptcy of its individual members.

 A currency that is backed by all who are legally or equitable chargeable with its obligation, and with everything which can be made available for the payment of debt. The Federal Reserve Act of 1913 converted the currency of the United States to an Asset Currency.

 An estate held by absolute ownership, without recognizing any superior to whom any duty is due on account thereof. In the U.S. the title to land is essentially allodial, and every tenant in fee simple has an absolute and unqualified dominion over it; yet in technical language his estate is said to be in fee, a word which implies a feudal relationship, although such relation has ceased to exist in any form, while in several states the lands have been declared to be allodial. In England there was no allodial-tenure, for all land is held mediately or immediately ot the king; but the words "tenancy in fee simple" are there properly used to express the most absolute dominion which a man can have over his property.

An understanding reached by two or more persons, groups of persons, etc. The act. of coming to a mutual understanding. Correspondence between words with respect to number, case, gender, person, etc.; concord, concurrence, accord, pact, covenant.

Surety bond. a contract among at least three parties: the obligee: the party who is the recipient of an obligation. the principal: the primary party who will perform the contractual obligation. the surety: who assures the obligee that the principal can perform the task.

Forthcoming bond. 1. A bond guaranteeing that something will be produced or forthcoming at a particular time, or when called for. 2. A bond (usually given to a sheriff) to permit a person to repossess attached property in exchange for that person's commitment to surrender the property in the event of an adverse judgment; specifically, a bond required of a defendant as a condition of retaining possession of a chattel in an attachment or replevin action, whereby the surety agrees to surrender the chattel and to pay its value if the plaintiff wins the lawsuit. Also termed delivery bond. Cf. replevin bond. [Cases: Attachment]

Self-help. refers to obtaining relief or enforcing one's rights without going through legal processes, such as repossessing a car when payments are past due, retrieving borrowed or stolen goods, or demanding and receiving payment. Self-help is legal as long as it does not "disturb the peace" or violate some other law.

Receivership (receiver)  is the process of appointment by a court, a contract, or a government official of a receiver to take custody of the property, business, rents and profits of an insolvent person or entity, or a party whose property is in dispute.

Good faith is an abstract and comprehensive term that encompasses a sincere belief or motive without any malice or the desire to defraud others. It derives from the translation of the Latin term bona fide, and courts use the two terms interchangeably.

time deposit : a bank deposit that can be withdrawn only after a set period of time or with prior notice. b : something given as security see also security deposit NOTE: A deposit may be applied to a purchase price or may be considered partial payment.  3 in the civil law of Louisiana a : the gratuitous transfer of possession of movable property to another for a limited time or specified purpose such that the depositary is liable to some extent for loss or damage to the property see also sequestration compare bailment hiring loan for consumption and loan for use at loan NOTE: Like the common-law bailment, the civil law deposit requires either actual or constructive delivery. 

special deposit : a deposit that is made for a specific purpose, that is to be returned to the depositor, and that creates a bailment or trust

general deposit : a deposit of money in a bank that is to the credit of the depositor thereby giving the depositor the right to money and creating a debtor-creditor relationship

demand deposit : a bank deposit that can be withdrawn without prior notice.

DEPOSIT. Usually defined to be a naked bailment of goods to be kept for the bailor, without reward, and to be returned when he shall require it. A contract, by which one of the contracting parties gives a thing to another to keep, who is to do so gratuitously, and obliges himself to return it when he shall be requested

DEFAULT. The neglect to perform a legal obligation or duty; but in technical language by default is often understood the non-appearance of the defendant within the time prescribed by law, to defend himself; it also signifies the non-appearance of the plaintiff to prosecute his claim.

2. When the plaintiff makes default, he may be nonsuited; and when the defendant makes default, judgment by default is rendered against him. Com. Dig. Pleader, E 42 Id. B 11. Vide article Judgment by Default, and 7 Vin. Ab. 429; Doct. Pl. 208 Grah. Pr. 631. See, as to what will excuse or save a default, Co. Litt. 259 b.

DEFAULT, contracts, torts. By the 4th section of the English statute of frauds, 29 Car. H., c. 3, it is enacted that "no action shall be brought to charge the defendant upon any special promise to answer for the debt, default, or miscarriage of another person, unless the agreement," &c., "shall be in writing," &c. By default under this statute is understood the non-performance of duty, though the same be not founded on a contract. 2 B. & A. 516.

Cure. (A) Contract Law; to correct or remove a defect that would be considered a breach by the curing party. For example, a tenant that is late with the rent may pay the amount and avoid eviction by curing the breach.

Bank account.  a contract between a customer and a bank whereby the bank obliges itself to honour cheques up to the amount deposited with the bank or up to an agreed overdraft limit. The overdraft is effectively a loan.

CREDITOR PROCEEDINGS. Commencement of foreclosure, whether by judicial proceeding, self-help, repossession or any other method, by any creditor of Debtor against the Collateral or any other collateral securing the Indebtedness. This includes a garnishment of any of Debtor’s deposit account with Secured Party.  However, this Event of Default shall not apply if there is a good faith dispute by Debtor as to the validity or reasonableness of the claim which is the basis of the creditor proceeding and if Debtor gives Secured Party written notice of the creditor proceeding and deposits with Secured Party monies or a surety bond for the creditor proceeding, in an amount determined by Secured Party, in its sole discretion, as being an adequate reserve or bond for the dispute.

DEFECTIVE COLLATERALIZATION. This Agreement or any of the Related Documents ceases to be in full force and effect (including failure of any collateral documents to create a valid and perfected security interest or lien) at any time and for any reason.

FALSE STATEMENTS. Any warranty, representation or statement made or furnished to Secured Party by or on behalf of Debtor under this Agreement if false or misleading in any material respect, either now or at the time made or furnished.

OTHER DEFAULTS. Failure of Debtor to comply with or to perform any other term, obligation, covenant or condition contained in this Agreement or in any of the Related Documents or in any other agreement between Secured Party and Debtor. If any failure, other than a failure to pay money, is curable and if Debtor has not been given prior notice of a breach of the same provision of this Agreement, it may be cured (and no Event of Default will have occurred) if Debtor, after Secured Party sends written notice demanding cure of such failure: (a) cures the failure within fifteen (15) days; or (b), if the cure requires more than fifteen (15) days, immediately initiate steps sufficient to cure the failure and thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical.

DEFAULT ON INDEBTEDNESS. Failure of Debtor to make any payment when due on the Indebtedness.

Note: The birth certificate is the bond instrument employed by the government to secure loans.

Note: When you consummate the Secured Party process you are a bona fide purchaser of your birth certificate and TRADE NAME.

Note: Under “birth certificate” the definition references “one's birth,” and under “birth record” the definition blood man/woman; “person” references a “persons’ birth.” “One” means flesh-and- means artificial entity/juristic person. See individual.

Note: A birth certificate is a negotiable document (see document), a registered security (see securities), pedigree chattel (see chattel) document that establishes the existence of the straw man (see straw man), a distinct artificial person (see artificial person, person) with a fictitious TRADE NAME (see fictitious name); document of title for a straw man; warehouse receipt (see field warehouse receipt) for your body; delivery receipt. For many years the designator, “U.S. DEPT. OF COMMERCE - BUREAU OF THE CENSUS,” appeared on birth certificates. In America, the original birth document is generally created at county level (sometimes at city level) via birth documents from the hospital.

The source of the following information is U.S. Vital Statistics System, Major Activities and Developments, 1950 - 95; (published by U.S. Department of Health and Human Services). Beginning with the 1939 revision, the birth certificate became the Standard Certificate of Live Birth, and there have been 11 different subsequent issues of this document. The National Office of Vital Statistics had its beginnings in 1935 when the Division of Vital Statistics, then in the Bureau of the Census, was mandated to promote a cooperative system of vital statistics and vital records. From the earliest days of their existence, the American Bar Association and American Medical Association provided strong support for establishing offices to collect vital statistics. From page 47 of the book:

“From this time [1836] forward, the course of registration and vital statistics was to be recognized as basic to the development of public health organization and practice....

Note: A man or a woman is “born”; TRADE NAMES are “wholly brought into separate existence.” Each event qualifies as a “birth.” The birth certificate documents a muddied mixture of the two events that allows the system to both claim that it is “your” birth certificate yet also claim to hold legal title of (not ownership of) the corporately colored TRADE NAME.

Note: It has recently been discovered that the IRS has its own bank account (semi­secret), called a “Treasury Tax and Loan Account,” or TTL, in every banking/financial institution that deals in Federal Reserve Notes. It has also been verified that IRS levies are effected from the “Special Procedures Function Department (or Office)” via simple fax (bill of exchange) instructing the particular bank, savings & loan, credit union, brokerage house, etc., to debit the depositor’s/taxpayer’s account and credit the TTL.

Note: A cycle of bailment commences when a mother delivers a baby (“something of a personal nature”) to the state by signing the birth certificate and registering and surrendering legal title to the biological property, i.e. the baby’s body. See dummy, surety, appearance.

Note: If a straw man/TRADE NAME/defendant cannot make/pay bail then the man/ woman attached with that straw man/TRADE NAME/defendant becomes the bail. This is formal legal recognition/acknowledgment that this particular man/woman is the surety for the appearance of the dummy/straw man/TRADE NAME/defendant (artificial person) in court. See dummy, surety, appearance.

Note: Depending on the type of collateral, a security interest attaches and becomes enforceable under different circumstances. See UCC 9-203 for details. Under Previous Article 9, which is still essentially in harmony with Revised Article 9, when the three basic prerequisites of a security interest exist, i.e. agreement, value, and collateral, the security agreement became enforceable between the parties and was said to "attach."

Note: Names of persons appearing in all-capital letters are not written in English and exist only by force of or in contemplation of law. Persons so-named are artificial persons See juristic person, person, proper, all-capital-letters-written, idem sonans, fictitious name.

Note: There are two kinds of appearance: general and special. See bail.

Note: A proper name appearing in all-capital letters falls outside the rules of English grammar, which authorizes the use of a capitalized letter only for a very limited number of well-defined uses, such as the initial letter of a proper name. A capital letter is defined as: “(of letters) of the large size used at the beginning of a sentence or as the first letter of a proper name.” (ACED) No lexical authority for use of all-capital letters in the name of a man or woman has yet been referenced by those who would insist on corrupting the true names of men and women by displaying their name in all-capital letters. An all-capital letters-written version of one’s name is not one’s true name, but an artificial construct, existing by force of law only. No authority of English grammar recognizes such a contrivance. The legal term, in propia persona, means “in one’s own proper person.” How can one do anything outside of “one’s own proper person” unless there exists some other “person” by whom/which one could act? Using the juristic artifice known as “legal fiction,” parties identified by their proper-noun name have been ascribed corrupted, all-capital-letter names. All legal pleadings, court records, and licenses use only names appearing in all-capital letters—i.e. “newborn” artificial persons existing in contemplation of or by force of law alone. See legal fiction, proper, fictitious name, artificial, artificial person, idem sonans, informer.

Note: In other words, you have formed an agreement in fact and are inextricably linked with the TRADE NAME by course of dealing, usage, trade, and course of performance. The legal consequences of the “marriage” with your straw-man TRADE NAME is spelled out in the code, where applicable; where not applicable, it references Section 1-103, which states that all other forms of law “...shall supplement its provisions.” The UCC is the supreme codified law on the planet. Legal consequences are dictated under the UCC. In law, and the UCC is the supreme law, there are only two kinds of people: debtors and creditors.

Note. When using the mails/United States Postal Service for service of commercial process, it is always wise to include (the original of) an affidavit of service along with the item served. In so doing, one averts the potential claim by the recipient: “I received the envelope, but it was empty.” 

Note: The capacity to issue one’s solemn declaration of truth, one’s sacred word is the most basic, fundamental, underlying, foundational concept of all commerce, society, and civilization. Ari “affidavit” is a written statement under oath executed and sworn to before an authorized officer on the maker’s commercial liability that all assertions contained within the affidavit are true, correct, and complete, not misleading, the truth, the whole truth, and nothing but the truth. An affidavit is the most solemn, unequivocal, and ceremonial means extant to express truth without evasion, concealment, deception, or insincerity. As distinguished from “testimony,” an affidavit is not subject to cross-examination and is intended to be a complete, self-contained document. All truth is subjective, and only each free-will being possesses the right, duty, privilege, and capacity to state that affiant’s own truth in accordance with the unique nature, perspectives, and priorities of the affiant. No one has the authority nor the ability to state the truth of another. As per the maxim of law: “The order of things is confounded if everyone preserves not his jurisdiction.” Because truth is supreme in Commerce, an affidavit is the most important document in Commerce and stands as the truth unless rebutted point-fpr-point by counteraffidavit signed and certified on the executing party’s commercial liability as true, correct, and complete (i.e. not misleading, the truth, the whole truth, and nothing but the truth). Exodus 20:16, the “Ninth Commandment,” states: "Thou shalt not bear false witness against thy neighbor." The Bible is especially harsh on those who bear false witness. Lies are weapons that are easy to utter, difficult if not...

Note: As relates to the Redemption Process, “affiant” is defined as the natural-born, flesh and blood, sentient being whose name is designated in upper- and lower-case letters (one’s true name) in accordance with the rules of English grammar, who executes and signs an affidavit under oath.

Note: Admiralty courts, i.e. Municipal Court, Superior Court,'etc., comprise the only jurisdiction that can enforce a criminal penalty for a civil offense. No other type of jurisdiction has this capability. This is why people must post bail prior to arraignment or trial and are sometimes sentenced to jail time (two aspects of criminal procedure) for civil “offenses,” such as traffic citations, wherein no party is injured and no property damaged. All courts in America operate as admiralty courts.

Note: A driver license application and an IRS Form 1040 are examples of an adhesion contract.

Note: Per listing of “Informer or Informant” on the birth document, and as subscribed thereto by one’s mother, one has, by definition, had an accusation preferred against one. This is also very possibly the basis for all subsequent insistences by Big Brother that the all-capital letters TRADE NAME references the man or woman so identified by the birth document. See informer, identification of goods, proper, all-capital letters-written.

Note: Same as account (2). The sovereign creditor’s mirror-image, private-side (of the governmental double-entry bookkeeping ledger) account number (e.g. 123456789) of the straw man-debtor’s public-side Social Security Account Number (e g. 123-45-6789). All IRS (and state tax agency) correspondence references the account number as the dash-less version of the Social Security Account Number.

Note: When you sign a traffic citation, IRS Form 1040, etc., you are the accommodation party. You are the source of all credit for the party whose name appears on the driver license, Social Security card, etc. in your possession. You have provided the TRADE NAME with value (credit) your entire life.

Note: All promises to pay are done by accommodation. The flesh-and-blood man or woman signs the note for accommodation on behalf of the TRADE NAME. The fictitious straw man (TRADE NAME), an artificial person created by government, is the “transmitting utility” (see transmitting utility) whereby all goods and services of the industrial society flow into and out of the possession of the flesh-and-blood man/woman. The straw man, having no life, no brain, and no body with which to apply a signature, must be accommodated by the actual/attached man/woman, also known, in this context, as a Surety (see surety).

Note: When you sign a traffic citation, which is a “promise to (appear and then) pay,” a promissory note, you are the accommodation maker, your straw man the accommodated party.

Note: All of your licenses, permits, utilities services, bank accounts, travel documents, W-4 Forms, tax returns, paychecks, etc. are in your straw man’s fictitious TRADE NAME, not your true name. Until now, when you signed any of these items, you were signing for accommodation and obligating yourself, albeit unwittingly, on behalf of the TRADE NAME. See straw man.

Note: By acceptance for value is implied a taking, an “acceptance” of something, in exchange for another thing previously provided, e.g. a using credit balance previously established to purchase something. Value, as peculiarly defined within the UCC, is an esoteric term, and implies that some sort of credit has been established beforehand, whereby the party with the credit may take/accept/purchase some item in commerce based on his credit, i.e. what is owed. It applies in numerous types of situations. Basically, if a party has established his position as a creditor of some sort, he can unilaterally accept (purchase/take) anything that would help reconcile the credit discrepancy by executing that particular transaction. Such a creditor, having essentially a credit balance, need not obtain anyone’s approval before so acting. One example of this is the acceptance for value of a document bearing the creditor’s TRADE NAME, e.g. the birth certificate. The source of all credit and accountability (value) associated with the TRADE NAME is the sovereign, flesh-and-blood man/woman from whose true name the TRADE NAME was derived.