so today has been very lazy day ... cause seemingly during the work week deadlines stress ed me ow t ss ... so ... got some dishes done ... should output another roll of canvas first prints - and put some videos together - and and ... what else to protect my brains from ... dr aiiii NO ... yup ... hmm ... it would be out there but reasonable ... cause the text is so clear ... simply to take balloons and let them go in the National Cathedral on the morrow ... with the binary use of such in the lobby of the Washington post building with such high ss eeeee line gg gg ss ... and then go on Monday and wed to court and drop off more balloons attached to washers for ground ... in ... while doing a movie of hunter hearsay and simms ... blaring in front of the court house ... how very embarrassing that would be ... not only for me ... but would protect the old ... brain ... yup ... they could try to say how outlandish ... but clearly ... you dont poison someone ... before you find out what he is worth .... or if you do ... and refuse to find out what he is worth ... well that would be crime ... especially with so many provable lies ... on public records ... and they are not mine .... clearly not .. mine ... I want the due diligence and scrutiny ... thugs ... dont like exposure ... course some foreign newspaper could also ... collapse treason crime coup ... you know ... not hard to show ... jury pool ... problems ... when screaming in public places ... and you know ... someone has to read a balloon ... in a church or the lobby of the wash post .. no way around that ... on camcorder in front of the multitudes ... how very embarrassing ... maybe ... simms has figured out ... ahhhh better scheme ... I would consider settling on the courthouse steps... with the museum of American history ... buying and burying ... or showing for profit ... some art ... got a lot of content for such ... museum ... you know ... inclusive of ... hmm ... well .. you figure it out ... I simply want need a jury ... to figure out networth on scroll of silence and hunter poster w/videos w/simms w/pseudo shrink - with ... rules of evidence ... and w transcripts ... and I shall also have a video ... with ... you know ... completeness rule ... ss ss ss attached! Completeness Rule: “Rule of evidence which permits further use of a document to explain portions of document already in evidence. Camps v. N.Y. City Transit Authority, C.A.N.Y., 261, F.2d 320. See also Open (Open the door). Direct cause: “That which sets in motion train of events which brings about result without intervention of any force operating or working actively from new and independent source; or, as one without which the injury would not have happened.” Norbeck v. Mutual of Omaha Ins. Co., 3 Wash.App. 582, 476 P.2d 546, 547. See Cause; Proximate cause. Proximate: “Immediate; nearest; direct, next in order. In its legal sense, closest in causal connection. Armijo v. World Ins. Co., 78 N.M. 204, 429 P.2d 904, 905. Next in relation to cause and effect. Proximate cause: “That which in a natural and continuous sequence, unbroken by any efficient intervening cause, produces injury, and without which the result would not have occurred. Wisniewski v. Great Atlantic & Pac. Tea Co., 226 Pa.Super. 574, 323 A.2d 744, 748. That which is nearest in the order of responsible causation. That which stands next in causation to the effect, not necessarily in time or space but in causal relation. The proximate cause of an injury is the primary or moving cause, or that which, in a natural and continuous sequence, unbroken by any efficient intervening cause, produces the injury and without which the accident could not have happened, if the injury be one which might be reasonably anticipated or foreseen as a natural consequence of the wrongful act. An injury or damage is proximately caused by an act, or a failure to act, whenever it appears from the evidence in the case, that the act or omission played a substantial part in bringing about or actually causing the injury or damage; and that the injury or damage was either a direct result or a reasonably probable consequence of the act or omission. The last negligent act contributory to an injury, without which such injury would not have resulted. The dominant , moving or producing cause. The efficient cause; the one that necessarily sets the other causes in operation. … Act or omission immediately causing or failing to prevent injury; act or omission occurring or concurring with another which, had it not happened, injury would not have been inflicted. Herron v. Smith Bros., 116 Cal.App. 518, 2 P.2d 1012, 1013. Proximate consequence or result: “One which succeeds naturally in the ordinary course of things. A consequence which, in addition to being in the train of physical causation, is not entirely outside the range of expectation or probability, as viewed by ordinary men. The Mars, D.C.N.Y., 9 F2d 16, 19. One ordinarily following from the negligence complained of, unbroken by any independent cause, which might have been reasonably foreseen. One which a prudent and experienced man, fully acquainted with all the circumstances which in fact existed, would, at time of the negligent act, have thought reasonably possible to follow, if it had occurred to his mind. Coast S. S. Co. v. Brady, C.C.A.Ala., 8 F.2d 16, 19. “ Legal cause: “Proximate cause (q.v.). Substantial factor in bringing about harm. Krauss v. Greenbarg, C.C.A.Pa., 137 F.2d 569, 572; Giles v. Moundridge Milling Co., 351 Mo. 568, 173 S.W.2d 745, 750. In conflicts, denotes fact that the manner in which the actor’s tortuous conduct has resulted in another’s injury is such that the law holds the actor responsible unless there is some defense to liability. Restatement, Second, Conflicts, Section 160, Comment a. The words: legal cause: are used throughout the Restatement of Torts to denote the fact that the causal sequence by which the actor’s tortuous conduct has resulted in an invasion of some legally protected interest of another is such that the law holds the actor responsible for such harm unless there is some defense to liability. Restatement, Second, Torts, Section 9. See also Cause.”Legal duty: “An obligation arising from contract of the parties or the operation of the law; … That which the law requires to be done or forborne to a determinate person or the public at large, correlative to a vested and coextensive right in such person or the public, and the breach of which constitutes negligence. See also Legal obligation; Support. Legal ethics: “Usages and customs among members of the legal profession, involving their moral and professional duties toward one another, toward clients, and toward the courts. That branch of moral science which treats of the duties which a member of the legal profession owes to the public, to the court, to his professional brethren, and to his client. Most states have adopted the Code of Profesional Responsibility of the American Bar Association. See also Canon. Legal evidence: “A broad general term meaning all admissible evidence, including both oral and documentary, but with a further implication that it must be of such a character as tends reasonably and substantially to prove the point, not to raise a mere suspicion or conjecture. See also Evidence, Relevant evidence. Process – Patent Law: “An art or method by which any particular result is produced. An act or series of acts performed upon the subject-matter to be transformed or reduced to a different state or thing. A means or method employed to produce a certain result or effect, or a mode of treatment of given materials to produce a desired result, either by chemical action, by the operation or application of some element or power of nature, or of one substance to another, irrespective of any machine or mechanical device; in this sense a ‘process’ is patentable, though, strictly speaking, it is the art and not the process which is the subject of patent. Broadly speaking, a ‘process’ is a definite combination of new or old elements, ingredients, operations ways, or means to produce a new, improved or old result, and any substantial change therein by omission, to the same or better result, or by modification or substitution, with different function, to the same or better result, is a new and patentable process. Process patent: “A process patent is one concerning mode of treatment of certain materials to produce certain result. Phillips Petroleum Co. v. Sid Richardson Carbon & Gasoline Co., C.A.Tex., 416 F2d 10, 11. Product patent: “Applies to discovered article, and, “process patent” applies to new method of making an article. Ethyl Corp. v. Hercules Powder Co., D.C. Del., 232 F.Supp.453, 457. Patentable: “Suitable to be patented; entitled by law to be protected by the issuance of a patent. And to be patentable, a device must embody some new idea or principle not before known, and it must be a discovery as distinguished from mere mechanical skill or knowledge. Hobart Mfg. Co. v. Landers, Frary & Clark, D.C.Conn., 26 F.Supp. 198, 202; In re Herthel, Cust. & Pat.App., 104 F.2nd 824,826. Patent and Copyright Clause: “Art. I, Sec. 8, cl. 8, U.S. Constitution, which provides for promoting the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries. Patent infringement: “The act of using or selling any patented invention without authority during the term of the patent and this includes one who induces the infringement. 35 U.S.C.A. Section 271. Copyright: “The right of literary property as recognized and sanctioned by positive law. An intangible, incorporeal right granted by statute to the author or originator of certain literary or artistic productions, whereby he is invested, for a limited period, with the sole and exclusive privilege of multiplying copies of the same and publishing and selling them. Copyright protection subsists in original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device. Works of authorship include the following categories: (1) literary works; (2) musical works, including any accompanying words; (3) dramatic works, including any accompanying music; (4)pantomimes and choreographic works; (5) pictorial, graphic, and sculptural works; (6) motion pictures and other audiovisual works; and (7) sound recordings. …” Example of Copyright Law – (found in the United States Code) “In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include: 1.the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; 2.the nature of the copyrighted work; 3.the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and; 4.the effect of the use upon the potential market for or value of the copyrighted work. The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.” Coram nobis: “In our presence; before us. The office of “writ of coram nobis” is to bring attention of court to, and obtain relief from, errors of fact, such as a valid defense existing in facts of case, but which, without negligence on defendant’s part was not made, either through duress or fraud or excusable mistake, where facts did not appear on face of record, and were such as, if known in season, would have prevented rendition of the judgment questioned. People v. Tuhill, 32 Cal.2d 819, 198 P.2d 505, 506. The essence of coram nobis is that it is addressed to the very court which renders the judgment in which injustice is alleged to have been done, in contrast to appeals or review directed to another court; the words “coram nobis”, meaning “our court,” as compared to the common-law writ of coram vobis,” meaning “your court,” clearly points this up.” False arrest: “Such arrest consists in unlawful restraint of an individual’s personal liberty or freedom of locomotion. Johnson v. Jackson, 43 Ill.App.2d 251, 193 N.E.2d 485, 489. An arrest without proper legal authority is a false arrest and because an arrest restrains the liberty of a person it is also false imprisonment. The gist of the tort is protection of the personal interest in freedom from restraint of movement. Neither ill will nor malice are elements of the tort, but if these elements are sown, punitive damages may be awarded in addition to compensatory or nominal damages. False imprisonment: “See false arrest.”False crimen: “Fraudulent subornation or concealment , with design to darken or hide the truth, and makes things appear otherwise than they are. It is committed (1) by words, as when a witness swears falsely; (2) by writing, as when a person antedates a contract; (3) by deed, as selling by false weights and measures. See Crimen falsi.” False representation & false pretenses: (not defined in this doc. Though elements of both are present … all that is lacking criteria-wise is my being duped, agreeing to property transfer or loss of market rights; though, I, and the community, has lost, in terms of Public property/rights - i.e. taxable income –and there-has-been/is effort to dupe the public ). See Coercion. And, for the above argument, see Public injuries (below). Coerce: “Compelled to compliance; constrained to obedience, or submission in a vigorous or forcible manner.”Coercion: “Compulsion: constraint; compelling by force or arms or threat. General Motors v. Blevins, D.C.Colo., 144 F.Supp. 381, 384. It may be actual, direct, or positive, as where physical force is used to compel act against one’s will, or implied, legal or constructive, as where one party is constrained by subjugation to other to do what his free will would refuse. … A person is guilty of criminal coercion if, with purpose to unlawfully restrict another’s freedom of action to his detriment, he threatens to (a) commit any criminal offense; or (b) accuse anyone of criminal offense; or (c)expose any secret tending to subject any person to hatred, contempt or ridicule, or to impair his credit or business repute; or (d) take or withhold action as an official, or cause an official to take or withhold action. Model Penal Code, Section 212.5. See also Duress; Threat. False statement: “Means an incorrect statement made or acquiesced in with knowledge of incorrectness or with reckless indifference to actual facts and with no reasonable ground to believe it correct. International Shoe Co. v. Lewine, C.C.A.Miss., 68 F.2d 517, 518. Statement knowingly false, or made recklessly without honest belief in its truth, and with purpose to mislead or deceive. Third Nat. Bank v. Schatten, C.C.A.Tenn., 81 F.2d 538, 540; In re Venturella, D.C.Conn., 25 F.Supp. 332. See also Deceit; Fraud; Material fact; Perjury; Reliance. False swearing: “A person who makes a false statement under oath or equivalent affirmation, or swears or affirms the truth of such a statement previously made, when he does not believe the statement to be true, is guilty of a misdemeanor if: (a) the falsification occurs in an official proceeding; or (b) the falsification is intended to mislead a public servant in performing his official function. Model Penal Code, Section 241.2. The essential elements of “false swearing” consist in willfully, knowingly, absolutely and falsely swearing under oath or affirmation on a matter concerning which a party could legally be sworn and on oath administered by one legally authorized to administer it. Smith v. State, 66 Ga.App. 669, 19 S.E.2d 168, 169. It must appear that matter sworn to was judicially pending or was being investigated by grand jury, or was a subject on which accused could legally have been sworn, or on which he was required to be sworn. Capps v. Commonwealth, 294 Ky. 743, 172 S.W.2d 610, 611. See also Perjury. Imparting or conveying false information (found in the United States Code – U.S.C.): “Title 18 - Part 1 Section 35 - information - STATUTE - (a) Whoever imparts or conveys or causes to be imparted or conveyed false information knowing the information to be false, concerning an attempt or alleged attempt being made or to be made, to do any act which would be a crime prohibited by this chapter or chapter 97 or chapter 111 of this title shall be subject to a civil penalty of not more than $1,000 which shall be recoverable in a civil action brought in the name of the United States. (b) Whoever will fully and maliciously, or with reckless disregard for the safety of human life, imparts or conveys or causes to be imparted or conveyed false information, knowing the information to be false, concerning an attempt or alleged attempt being made or to be made, to do any act which would be a crime prohibited by this chapter or chapter 97 or chapter 111 of this title - shall be fined not more than $5,000, or imprisoned not more than five years, or both.” Injurious falsehood: “In law of slander and libel, a defamation which does actual damage. See Libel; Slander Slander: “The speaking of base and defamatory words tending to prejudice another in his reputation, office, trade, business, or means of livelihood. Little Stores v. Isenberg, 26 Tenn.App. 357, 172 S.W.2d 13, 16; Harbison v. Chicago, R.I. & P. Ry. Co., 327 Mo. 440, 37 S.W.2d 609, 616. Oral defamation; the speaking of false and malicious words concerning another, whereby injury results to his reputation. Hohnston v. Savings Trust Co. of St. Louis, Mo., 66 S.W.2d 113, 114; Lloyd v. Commissioner of Internal Revenue, C.C.A.7, 55 F.2d 842, 844. The essential elements of slander are: (a) a false and defamatory statement concerning another, (b) an unprivileged communication; (c) fault amounting at least to negligence on the part of the publisher; and (d) either actionability of the statement irrespective of harm or the existence of special harm. Restatement, Second, Torts Section 558. Libel: “Libel” and “Slander” are both methods of defamation; the former being expressed by print, writing, pictures, or signs; the latter by oral expressions or transitory gestures. Restatement, Second, Torts, Section 568. Extort: “To gain by wrongful methods; to obtain in an unlawful manner, as to compel payments by means of threats of injury to person, property, or reputation. To exact something wrongfully by threats or putting in fear. The natural meaning of the word “extort” is to obtain money or other valuable thing either by compulsion, by actual force, or by the force of motives applied to the will, and often more overpowering and irresistible than physical force. See also Extortion, infro. Personal Property: (intellectual property) – “Personal property is divisible into (1) corporeal personal property, which includes movable and tangible things, such as animals, furniture, merchandise, etc.; and (2) incorporeal personal property, which consists of such rights as personal annuities, stocks, shares, patents, and copyrights.” Extortion: “The obtaining of property from another induced by wrongful use of actual or threatened force, violence, or fear, or under color of official right. 18 U.S.C.A. Section 871 et seq.; Section 1951. A person is guilty of theft by extortion if he purposely obtains property of another by threatening to: (1) inflict bodily injury on anyone or commit any other criminal offense; or (2) accuse anyone of a criminal offense; or (3) expose any secret tending to subject any person to hatred, contempt or ridicule, or to impair his credit or business repute; or (4) take or withhold action as an official, or cause an official to take or withhold action; or (5) bring about a continue a strike, boycott or other collective unofficial action, if the property is not demanded or received for the benefit of the group in whose interest the actor purports to act; r (6) testify or provide information or withhold testimony or information with respect t another’s legal claim of defense; or (7) inflict any other harm which would not benefit the actor. Model Penal Code, Section 223.4 . See also Blackmail; Hobbs Act; Loan sharking; Shakedown. With respect to “Larceny by extortion”, See Larceny. Injury: “Any wrong or damage done to another, either in his person, rights, reputation, or property. The invasion of any legally protected interest of another. Restatement, Second, Torts, Section 7. Absolute injury. Injuries to those rights which a person possesses as being a member of society. Bodily injury. Physical pain, illness or any impairment of physical condition. “Serious bodily injury” means bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ. Nodel Penal Code, Section 210.0. Civil injury. Injuries to person or property, resulting from a breach of contract, delict, or criminal offense, which may be redressed by means of a civil action. An infringement of privation of the civil rights which belong to individuals considered as individuals. Irreparable injury. This phrase does not mean such an injury as is beyond the possibility of repair, or beyond the possible compensation in damages, or necessarily great damage, but includes an injury, whether great or small, which ought not to be submitted to, on the one hand, or inflicted, on the other; and which, because it is so large or so small, or is of such constant and frequent occurrence, or because no certain pecuniary standard exists for the measurement of damages, cannot receive reasonable redress in a court of law. Wrongs of a repeated and continuing character, or which occasion damages that are estimated only by conjecture, and not by any accurate standard, are included. The remedy for such is commonly in the nature of injunctive relief. “Irreparable injury” justifying an injunction is that which cannot be adequately compensated in damages or for which damages cannot be compensable in money. Caffery v. Powell, La.App., 320 So.2d 223, 226. Contrast Reparable injury, infra. Personal injury. In a narrow sense, a hurt or damage done to a man’s person, such as a cut or bruise, a broken limb, or the like, as distinguished from an injury to his property or his reputation. The phrase is chiefly used in this connection with actions of tort for negligence and under workers compensation statutes. But the term is also used (chiefly in statutes) in a much wider sense, and as including any injury which is an invasion of personal rights, and in this signification it may include such injuries to the person as libel or slander, criminal conversation, malicious prosecution, false imprisonment, and mental suffering. Gray v. Wallace, 319 S.W.2d 582. Private injuries. Infringements of the private or civil rights belonging to individuals considered as individuals. Public injuries. Breaches and violations of rights and duties which affect the whole community as a community. Real injury. A real injury is inflicted by any act by which a person’s honor or dignity is affected. Relative injuries. Injuries to those rights which a person possesses in relation to the person who is immediately affected by the wrongful act done. Reparable injury. The general principle is that an injury, the damage from which is merely in the nature of pecuniary loss, and can be exactly and fully repaired by compensation in money, is a “reparable injury”. Contrast Irreparable injury, supra. Verbal injury. See Libel; Slander. Injustice: “The withholding or denial of justice. In law, almost invariably applied to the act, fault, or omission of a court, as distinguished from that of an individual. “Fraud” is deception practiced by the party; “injustice” is the fault or error of the court. They are not equivalent words in substance, or in a statute authorizing a new trial on a showing of fraud or injustice. Fraud is always the result of contrivance and deception; injustice may be done by the negligence, mistake, or omission of the court itself. Silvey v. U.S., 7 Ct.Cl. 305, 324. Mental anguish: “When connected with a physical injury, this term includes both the resultant mental sensation of pain and also the accompanying feelings of distress, fright, and anxiety. In other connections, and as a ground for divorce or for damages or an element of damages, it includes the mental suffering resulting from the excitation of the more poignant and painful emotions, such as grief, severe disappointment, indignation, wounded pride, shame, public humiliation, despair, etc. See also Mental cruelty. Abuse: “To make excessive or improper use of a thing, or to employ it in a manner contrary to the natural or legal rules for its use. To make an extravagant or excessive use, as to abuse one’s authority.” Abusive: “Tending to deceive; practicing abuse; prone to ill-treat by coarse, insulting words or harmful acts. Using ill treatment; injurious, improper, hurtful, offensive, reproachful. Remedy: “The means by which a right is enforce or the violation of a right is prevented, redressed, or compensated. Long leaf Lumber, Inc. v. Svolos, La.App., 258 So.2d 121, 124. The means employed to enforce a right or redress an injury, as distinguished from right, which is a well founded or acknowledged claim. Chelentis v. Luckenbach S. S. Co., 247 U.S. 372, 38 S.Ct. 501, 503, 62 L.Ed.1171. The rights given to a party by law or by contract which that party may exercise upon a default by the other contracting party, or upon the commission of a wrong (a tort) by another party. Remedy means any remedial right to which an aggrieved party is entitled with or without resort to a tribunal. “Rights” include remedies. U.C.C. Section 1-201. See also Adequate remedy; Administrative remedy; Alternative relief; Cause of action; Extraordinary remedies; Inadequate remedy at law; Marshaling remedies; Mutuality of remedy; Provisional remedy. Civil remedy. The remedy afforded by law to a private person in the civil courts in so far as his private and individual rights have been injured by a delict or crime; as distinguished from the remedy by criminal prosecution for the injury to the rights of the public. Equitable remedy. See Equity; Injunction; Performance (Specific performance); Reformation. Extraordinary remedy. See Extraordinary Joinder of remedies. See Joinder. Legal remedy. A remedy available, under the particular circumstances of the case, in a court of law, as distinguished from a remedy available only in equity. Procedurally, this distinction is no longer generally relevant, for under Rules of Civil Procedure there is only one form of action known as a “civil action.” Rule 2. Remedy over. A person who is primarily liable or responsible, but who, in turn, can demand indemnification from another, who is responsible to him, is said to have a “remedy over.” For example a city, being compelled to pay for injuries caused by a defect in the highway, has “remedy over” against the person whose act or negligence caused the defect, and such person is said to be “liable over” to the city. See Subrogation. Joinder: “Joining or coupling together; uniting two or more constituents or elements in one; uniting with another person in some legal step or proceeding; union; concurrence. e.
Posted on: Sat, 03 Jan 2015 22:49:10 +0000
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