COMMERCIAL LAW

This first term is the foundation of understanding how the government and the courts categorize events used to capture the PUBLIC;

Action. Conduct; behavior; something done; the condition of acting; an act or series of acts.

Term in its usual legal sense means a lawsuit brought in a court (Every time a court brings a charge or a suit against anyone, i.e. the PUBLIC, it is nothing but a action); a formal complaint within the jurisdiction of a court of law. Pathman Const. Co. v. Knox County Hospital Ass’n, Ind.App., 326 N.E.2d 844, 853. The legal and formal demand of one’s right from another person or party made and insisted on in a court of justice. An ordinary proceeding in a court of justice by which one party prosecutes another for the enforcement or protection of a right, the redress or prevention of a wrong, or the punishment of a public offense. It includes all the formal proceedings in a court of justice attendant upon the demand of a right made by one person of another in such court, including an adjudication upon the right and its enforcement or denial by the court.

See also Case (Cases and Controversies); Cause of action; (Emphasis mine here, but this is their description), Civil action; Collusive action; Counterclaim; Controversy; Cross-claim; Direct action; Forms of action; Penal action; Petitory action; Plenary action; Proceeding; Suit; Transitory action.

Merger of law and equity. (NOW READ THIS SLOWLY AND MAYBE EVEN REREAD IT) In the federal courts, and most state courts, (THIS OF COURSE MEANS EVERY COURT) there is only one form of action-civil action( THERE IS ONLY ONE FORM OF ACTION, CIVIL ACTION. THERE IS NO CRIMINAL ACTION BECAUSE CRIMINAL IS JUST A HEADING BENEATH A CIVIL ACTION)-which embraces all actions formerly denominated suits in equity and actions at law. While there has been a merger of law and equity for procedural purposes, substantive principles of equity still govern. Fed.R.Civ.P. 2.

( So again to summarize, every court in this country is a civil court. This means that every reference to criminal courts or criminal cases is a fraud perpetrated upon the PUBLIC and is used to capture the uninformed. )

(This next term we need to understand is there is a difference between FACT AND TRUTH.)

(This is a excerpt from the Constitution of the United States.) the supreme Court shall have appellate Jurisdiction, both as to Law and Fact,

( The Constitution is telling us that there is a great divide between what is fact and what is truth. Do you know the difference? ). (The legal understanding of FACT is) Evidence. A circumstance, event or occurrence as it actually takes or took place; a physical object or appearance, as it usually exists or existed. An actual and absolute reality, as distinguished from mere supposition or opinion. A truth, as distinguished from fiction or error. “Fact” means reality of events or things the actual occurrence or existence of which is to be determined by evidence. Peoples v. Peoples, 10 N.C.App. 402, 179 S.E.2d 138, 141. Under Rule of Civil Procedure 41(b), providing for motion for dismissal at close of plaintiffs evidence in nonjury case on ground that upon the facts and the law plaintiff has shown no right to relief, the “facts” referred to are the prima facie facts shown by plaintiffs evidence viewed in light most favorable to him. Schad v. Twentieth Century-Fox Film Corporation, C.C.A.Pa., 136 F.2d 991, 993.

(Lets say for example that you have your facts and I have my own facts. To us they are reality. This does not mean that my facts are your facts just as my reality is not necessarily my reality. This is what the court is the arbiter of. The Supreme court is the arbiter of all fact and truth. They get to decide what is truth and what is fact. In other words the Supreme court determines whos facts are reality or truth.

In a state or federal court the judge is not the arbiter but the jury is the arbiter of all fact and truth. So the action is I bring a suit against you, the action. This creates matter which now requires a judge. Without matter there is no need for a judge. However since the judge cant rule on what is true or fact a jury is required. No matter, no judge and no judge no need for a jury.)

DE FACTO. In fact; actually; indeed; in reality. (Our reality is what we decree, or de facto. The court is the court because the party that owns the military and the police and the prisons; say it has authority. Not because they actually have any special authority. However we the PRIVATE act as the uninformed PUBLIC and defer to the court or the police or the government as though they have some special power to be better or smarter or stronger than we are. This becomes our reality. There is a MAXIM of law that says CUSTOM MAKES THE LAW.)

Ridout v. State, 161 Tenn. 248, 30 S.W.2d 255, 257, 71 A.L.R. 830. Thus, an office, position or status existing under a claim or color of right such as a deputy county clerk. Heron v. Gaylor, 49 N.M. 62, 157 P.2d 239, 241; deputy clerk of court. State v. Brandon, 186 S.C. 448, 197 S.E. 113, 115; corporate office. In re Hillmark Associates, D.C.N. Y., 47 F.Supp. 605, 606; corporation, Municipal Bond & Mortgage Corporation v. Bishop’s Harbor

Drainage Dist., 133 Fla. 430, 182 So. 794, 797;

Ebeling v. Independent Rural Telephone Co., 187 Minn. 604, 246 N.W. 373; court, Marckel Co. v. Zitzow, 218 Minn. 305, 15 N.W.2d 777, 778; depositary, School Dist. No. 1, Itasco County, v. Afton, 173 Minn. 428, 217 N.W. 496, 499; deputy sheriff, Malone v. Howell, 140 Fla. 693, 192 So. 224, 227; fire district commissioner, Petition of Board of Fire Com’rs of Columbia-Litchfield Fire Dist,.

Sup., 29 N.Y.S.2d 605, 619; grand jury, McDonald

v. Colden, 181 Misc. 407, 41 N.Y.S.2d 323, 327; guardian, State ex rel. Symons v. East Chicago State Bank, 106 Ind.App. 4, 17 N.E.2d 491, 494; judge, Annoni v. Bias Nadal’s Heirs, C.C.A.Puerto Rico, 94 F.2d 513, 515; officer, Eaker v. Common

School Dist. No. 73 of Butler County, Mo.App., 62 S.W.2d 778, 783; police officer, People ex ref.

Mitchell v. Armspach, 314 Ill.App. 573, 41 N.E.2d 781; trustee, In re Wohl’s Estate, 36 N.Y.S.2d 926,. 930.

(ALL OF THE ABOVE IS THE CONVOLUTED LAW REQUIRED TO GIVE FULL UNDERSTANDING OF WAHT DEFACTO REALLY MEANS IN THE COURTS EYES. NOW WE ARE GOING TO LOOK AT WHAT THE COURT SAYS ABOUT OUR GOVERNMENT. THIS MIGHT BE VERY PROFITABLE TO KNOW AND UNDERSTAND).

DE FACTO GOVERNMENT. One that maintains itself by a display of force (THE MILITARY) against the will of the rightful legal government (THE RIGHTFUL AND LEGAL GOVERNMENT IS YOU AND I, THE PEOPLE) and is successful, at least temporarily, in overturning the institutions of the rightful legal government by setting up its own in lieu thereof. (IN OTHER WORDS THE DEFACTO GOVERNMENT HAS STOLEN THE POWER OF THE TRUE AND RIGHFUL GOVERNMENT -US- BY THE FORCE OF THE GOVERNMENT AND POLICE FORCE WHO ARE OUR ENEMIES BECAUSE THEY ARE A MILITARY FORCE CREATED TO STEAL OUR GOVERNMENT.)

(This next term is DE JURE, meaning by LAW. Now this is going to be very confusing for some because we have been taught that our courts administer law and our government makes the law. However the truth is that the Constitution of the United States is the only LAW OF THE LAND. WHAT THE COURTS AND GOVERNMENT ADMINISTER AND ENFORCE ARE CODES, RULES AND STATUTES. NOT THE LAW. This brings us to De Jure or by law. Therefore, De Jure means supported by the Constitution and will always supercede anything the courts or government say or claim because only the CONSTITUTION IS LAW AND THEREFORE THE LAW OF THE LAND).

De Jure (By Law): Refers to something that is officially recognized, established by law, or formally documented. It is the “official” status, whether or not it is actually enforced.
De Facto (In Fact): Refers to how things actually exist or operate in the real world. It describes reality, regardless of whether it is legally backed or formally approved.

(By seeing the terms DE FACTO and DE JURE right next to each other we can see that DE JURE is the LAW supported by the CONSTITUTION, BUT NOT SUPPORTED BY THE COURTS AND GOVERNMENT.

IN CONTRAST WE SEE DE FACTO WHICH IS HOW THINGS ARE TODAY AS PERPRETRATED BY A UNLAWFUL GOVERNMENT EMPOWERED BY A CORRUPT MILITARY AND A UNLAWFUL POLICE FORCE).

(I understand that I have given you a great abundance of information here and if you are not sacrificing distractions in order to concentrate on this information it is not going to mean anything to you. I hope that you dont take my word for this. Dont take my understanding for this. Study this for yourself and get understanding for yourself so you can be empowered. I hope you understand that you are no longer the PUBLIC because you are not uninformed any longer. You are the informed and now you are the PRIVATE!).