POS cops gunned down for illegal traffic stop


Watch best video of shooting


By John Lee
Pirate News TV


I PREDICT THAT A JURY WILL AGREE WITH ME THAT THESE POS COPS DESERVED TO DIE, AFTER WATCHING THESE INFURIATING VIDEOS AND HEARING THE LAW THAT APPLIES. MAKE NO MISTAKE THESE VIDEOS ARE DEVASTATING TO THE PROSECUTIONS CASE, A JURY WILL EAT IT UP, NOT IN A GOOD WAY. COPS NEED TO BE TRAINED IN CONSTITUTIONAL LAW AND REALLY NEED TO BE PARALEGALS OR LAWYERS BEFORE USING A WEAPON TO ENFORCE LAWS THEY DONT UNDERSTAND, THATS WHAT THIS WEBPAGE DOES, QUOTING POLICE LEGISLATORS COURTS AND PATRIOT SOLDIERS WHO FOUGHT TO GIVE ALL OF US FREEDOM. YES I USE COPS OFTEN TO ENFORCE LAWS WHEN I REQUIRE VIOLENCE TO DO SO AGAINST VIOLENT OR HOMICIDAL CRIMINALS, TOO BAD COPS USUALLY FAIL MISERABLY BECAUSE THEY ARE PUSSIES MOST OF THE TIME JUST CHASING A PAYCHECK LIKE THE REST OF US WHO ARE EVEN BIGGER PUSSIES, SOME WEAR PINK PUSSYHATS. YET COPS BEG ME TO INVESTIGATE COPKILLINGS WHEN THEY ARE AFRAID TO FOR FEAR OF EXTREME RETALIATION THAT FALLS ON ME. YES IM A PARALEGAL INVESTIGATOR ON MANY TYPES OF SUCCESSFUL CASES FOR LAW FIRMS, PRO SE WITHOUT A LAWYER, CRIMINAL, CIVIL, TRAFFIC TICKETS, HOMICIDE, DEFENSE, PROSCUTIONS OF DRUGDEALERS THIEVES MURDERERS GOVERNMENT DRUGDEALING HITMEN POLITICIANS POLICE AND SOLDIERS, IRS, DCS, ADMINISTRATIVE, SSA, WORKERS COMP, UNEMPLOYMENT, DIVORCE WHICH CAN BE A LIFE SENTENCE ON DEATHROW, MILITARY UCMJ AND MANUAL FOR COURTS MARTIAL, MUNICIPAL, MAGISTRATE, COUNTY, STATE, FEDERAL, APPELLATE, AND $10-BILLION DOLLAR CLASSACTIONS APPEALED TO U.S. SUPREME COURT THAT I INVESTIGATED WITH A $70-MILLION LEGAL FEE TO MY FAMILY. MY COUSIN IS A CHIEF JUSTICE NOW ON TN SUPREME COURT WHO LEAVES SCREAMING MESSAGES ON MY VOICEMAIL IF I SAY THAT. MY SECRET SOCIETY POLITICIAN DAD DEFENDED 35 MURDER CASES INCLUDING A PISTOL PACKIN PREACHER WITH A BIBLE IN 1 HAND AND A GUN IN THE OTHER, HE SUED THE BUSH SR WHITE HOUSE AND CIA UNDER THE RICO ACT FOR NARCOTICS TRAFFICKING AND TERROR BOMBINGS WITH DOZENS OF BUSH SR WHITE HOUSE STAFF CONVICTED OF FELONIES THEN PARDONED OR MURDERED. WITHOUT A LAWYER I PROSECUTED A 4-STAR GERNERAL FOR TREASON WHO WAS THEN FIRED WHILE LEADING OPERATION DESERT SHIELD BOMBING IRAQ IN GULF WAR 1, MY WIFE WAS THEN HIRED BY THE GUY WHO FIRED HIM TO WORK FOR HIM AS INVESTIGATOR AT THE PENTAGON, SECRETARY OF DEFENSE DICK CHENEY, LATER VICE PRESIDENT AND DE FACTO PRESIDENT OF USA WHO WAS TWICE JAILED FOR DUI, ACCUSED OF HUMAN HUNTING WITH RAPE, AND PROSECUTED FOR TERRORISM AGAINST USA ON 9.11.2001 A CRIME PUNISHED BY DEATH PENALTY. I ALSO HAVE A TV BROADCASTING DEGREE, HOSTED MY OWN HOLLYWOOD AWARD WINNING TV AND RADIO SHOW AS SEEN ON HISTORY CHANNELS MASSMURDER 911 CONSPIRACY SHOW WITH A SHOUTOUT FROM SNL. IM A PROFESSIONAL TRUCK DRIVER DODGING BULLETS AIMED MY HEART THAT POLICE REFUSED TO INVESTIGATE WORKING 320 HOUR SHIFTS COAST TO COAST. IVE RACED CARS IN ENGLAND ON TV IN FRONT OF 100,000 SPECTATORS AGAINST BRITISH ROYALTY, FUTURE F1 WORLD CHAMPS AND INDY 500 WINNERS, AND BEAT THEM. 

NOTE: ITS ALWAYS BEST TO FIGHT COPS IN COURT THAN IN PERSON, EASIER TO WIN, SAID PRESIDENTIAL NOMINEE RALPH NADER WHEN POLICE ARRESTED ALL NOMINEES ON THE BALLOT AT DEBATES WHO WERE NOT DEMOCRAT OR REPUBLICAN, NADER SUED THE TROOPER IN CIVIL COURT AND WON BUT HE LOST THE ELECTION BY NOT FIGHTING COPS WITH VIOLENCE. I INTERVIEWED NADER TWICE AND WAS HIS CHAUFFEUR WHO PUT HIM TO SLEEP. NADER IS AUTHOR OF UNSAFE AT ANY SPEED, WHICH REPORTED POLICE SCAMS USING BOGUS TRAFFIC TICKETS TO BLAME DRIVERS FOR DEFECTIVE CARS AND DEFECTIVE ROADS THAT KILL. MY PARENTS AND GIRLFRIEND WERE MURDERED BY POLICE STATE THIS YEAR ALL WITH COURT ORDERED DEATH PENALTIES BY TORTURE IN THE MOST HIDEOUS WAYS POSSIBLE, I FOUGHT TO SAVE THEM IN COURT BUT IT WAS IMPOSSIBLE FOR LACK OF MONEY AND 200 LAWYERS REFUSING AND 1 HIRED LAWYER DISBARRED, I PUSSIED OUT WHEN I COULD HAVE SAVED THEIR LIVES WITH VIOLENCE, A JUDGE LAUGHED AS HE ORDERED MY GIRLFRIENDS BEATING HEART CUT OUT OF HER CHEST AND BUTCHERED ALIVE, GOD FORGIVE ME. POLICE MURDER 10,000 AMERICANS EVERY DAY, 5-MILLION A YEAR IN USA, CAN YOU COUNT THEIR SOULS? I HELPED MURDER DOZENS OF INNOCENT WOMEN AND KIDS IN FALSEFLAG MILITARY OPERATIONS AGAINST OUR ALLIES, MANIPULATED WITH LIES DURESS AND POLICE THREAT OF ARREST, I WAS TRAINED TO MURDER MILLONS OF OUR ALLIES AND OUR OWN TROOPS WITH NUKES, POTENTIALLY CITIZENS IN USA. I HELPED KILL 4 DRUGDEALERS THIS YEAR, POLICE HELPED, 1 WAS A CONVICTED KILLER. THIS IS CIVIL WAR COMMUNIST REVOLUTION WORLD WAR 3. TIME TO WTFU BEFORE OUR LOONY LEADERS NUKE USA.



TULSA OKLAMOMA -- David Ware made a typical safe turn on a busy day but it was night with no traffic, got safely out of cops lane, used turn signal properly, not speeding, not weaving. Reasonable suspicion is a scam using bogus civil contract law to make traffic stop with only 51% probability of civil driver license contract violation to rob money at gunpoint, kidnap torture n murder citizens to destroy lives n families with immunity as overpaid thugs tripling income by overtime in court. Its not about keeping the peace, Ware didnt disturb anyone, nobody was there but cops who were not injured nor damaged, but felony illegal quotas to rob money for gangster govt made these cops get shot n killed for their mugging crimes. 

Ware called his buddy to eyewitness the cops perping crimes, its not a crime to be a witness, nor to aid a crime victim escape murder by criminals. I have stopped on the roadside of random motorists during illegal traffic stops, their lawyers used my testimony to win dismissal in court. The dead sgt refused a lawful order from a citizen to call his captain to the scene. We the People are the 4th branch of government, police have no additiinal rights or powers than we have to make arrests or use deadly force in self defense of people or property, our rights are property, thats Constitutional Equal Protection doctrine. Police do have excellent training in deadly violence, work as a team with up to 35,000 fellow cops in their jurisdiction with multi-billion-dollar budgets and weapon systems robbed from everyone at gunpoint, protected by ruthless psychopathic attorneys with unlimited budgets prosecuting impoverished often retarded brainwashed targets.  

You dont need a law degree to know that, cops dont have law degrees. 90% of judges lack law degrees says NY Times, many judges never graduated high school n cannot read. Thus cops are perhaps smarter than judges. 

Federal courts agree that cops have zero authority to revoke driver licenses nor require payment of traffic tickets or court costs, Ware appears to have a valid license but IDK for sure. Cops implied they were arresting ware for expired tag and no proof of insurance in his possession. Note that in my home county of Blount in TN, the sheriff failed to insure his fleet of 300 vehicles, according to county commissioner Jim Folts. That appears to be the only reason cops were hellbent on arresting Ware and escalating the violence as sport, it wasnt a DUI stop, it was the crime of "Contempt of Cop" by asserting his legal rights as best he knew them to be. 

Yes Ware did a fairly good job verbally on audio recording evidence as even a stacked jury will agree. Cops, DA n fake news busted lying about Ware shooting an ambush as proven by this video demanded by Wares lawyer. Ware attempted to deescalate situation for 7 minutes, accurately telling cops of his legal rights, that arrest is never valid for civil contract of alleged debt, cops ambushed him like wolves hunting disarmed sheep, sickening to see, a jury shall agree. Its illegal for cops to tow his car after arrest since its not BLOCKING the highway on a side street, i sued police n got their 5 mafiya towing contractors fired n banned 5 years in my classaction lawsuit for police cartheft rackets, state n fed law very clear on that issue, a crimespree perped by police in most major cities with routine half-billion-dollars payouts to robbed citizens. 

Ware had probable physical disability of mental retardation n mental illness n addiction based on his prior arrest record, though he sounded cured of dementia n intoxication during this traffic stop. 


Its illegal to arrest for expired tags n no insurance say fed courts that ordered mobster cops return driver licenses to 400,000 citizens robbed in Tennessee, while police sold fake ID Driver Certificates to over 1M illegal aliens marked NOT VALID FOR IDENTIFICATION, who are exempt from requirement to drive with driver licenses. Thats not a lawful reason to rob assault kidnap torture n murder Mr. Ware, then robbing taxslaves $1M legal expenses plus $75,000 a year in jails n prisons for the next 20 years to pay for Wares pension. 

Democrats attacked USA in civil war 2.0, now lota people gona die, including cops, starting with 50 cops killed by republican george bush on 9.11.2001. Note that drs kill 1,000s of citizens daily, from babies to elderly, including cops, yet cops protect those serialkillers from arrest, making cops guilty of 10,000+ murders daily in USA today, including policestate murders of my parents last month, thats okay with pedo joe bidens BLM terrorist fundraisers who illegally gave Biden $1B.

Ware has a legal right to defend himself with deadly force from criminals robbing assaulting kidnapping n trying to murder him at gunpoint, like the Battle of Athens Tn 1946, for bogus traffic tickets and election tampering n cop shooting black veteran voter at polling station for voting for veteran instead of mafia sheriff arrested for stuffing ballots and shooting voters. 

"Government control of communication and transportation."
Communist manifesto, 6th plank

"That government being instituted for the common benefit, the doctrine of nonresistance against arbitrary power and oppression is absurd, slavish, and destructive of the good and happiness of mankind." Tennessee Constitution of 1870, Article I. Declaration of Rights. Section 2

LICENSE
contracts. A right given by some competent authority to do an act, which without such authority would be illegal.
-LawGuru.com

DRIVER LICENSE

Driver" isn't available in the dictionary.

Dictionary.law.com

 


DURESS.
An actual or a threatened violence or restraint of a mans person, contrary to law, to compel him to enter into a contract, or to discharge one. A contract by violence or threats, is void, although the party in whose favor the contract is made, and not exercise the violence or make the threats, and although he were ignorant of them.
-LawGuru.com
"For professionals within the criminal justice system have acted on the belief that traveling by motor vehicle was a privilege that was given to a citizen only after approval by their state government in the form of a permit or license to drive. In other words, the individual must be granted the privilege before his use of the state highways was considered legal. Legislators, police officers, and court officials are becoming aware that there are court decisions that disprove the belief that driving is a privilege and therefore requires government approval in the form of a license. Presented here are some of these cases."
--Police officer Jack McLamb, Right to Travel

"While Jack McLamb’s article (reprinted from the Aid & Abet Newsletter) is accurate in what it states about a person’s right to travel unrestricted by government sanction on roadways in the United States when operating outside of a commercial benefit, what he doesn’t explain very clearly is the legal implication behind the reasons why that is so, and how people can challenge the “assumed” authority of the agent (the sheriff’s deputy, police, or highway patrol officer) to restrict their movement."

"AntiChrist isn't coming - AntiChrist just got off the bench. But don't get the idea that all judges are crooks and gangsters, and all lawyers are scumbags. This country is in such bad shape because people have no idea what's going on. 80% of all criminal cases start with the admissions and confesions of the defendant. You take out a tape recorder and you have about a 40% chance of walking away without a ticket. Use a tape recorder no matter what situation you are in. Sometimes I use the recorder hidden under my shirt sleeve, for business situations. We're not advocating that you take this out and 'hunt bears'. By the way, driving 92mph in a 55-zone is NOT a 'crime'. No one has been injured under the common law, thus no crime was committed. There are some people who worship government to such a degree, that this world system is a god to them. If you 'sin', you must pay to "absolve" the sin. Technically, you have not violated the law. CRIMINAL Law includes rape, robbery and murder. What a traffic ticket is, is a breach of contract. Sign your driver license 'WITHOUT PREJUDICE' and/or '1-207-UCC' (Uniform Commercial Code). I wish to travel as a Constitutional right to travel. I'm not in a state-regulated commercial enterprise. I'm not a party to this 'voluntary' contract. My signature was made against my will and under duress."

Pastor Rick Strawcutter, certified paralegal, How Any Idiot Can Beat A Radar Speeding Ticket [or any ticket ]

"I saw two officers as before, who rode up to me, with their pistols in their hands, said God damn you stop, if go an Inch further, you are a dead Man, and swore if we did not turn in to that pasture, they would blow our brains out. Major Mitchel of the 5th Regt clapd his Pistol to my head, and said he was going to ask me some questions, if I did not tell the truth, he would blow my brains out. I told him I esteemed myself a man of truth, that he had stopped me on the highway, & made me a prisoner, I knew not by what right; I would tell him the truth; I was not afraid."
—Colonel Paul Revere, owner of RevereWare¨, sworn affidavit: "Memorandum on Events of April 18, 1775" (declassified Top Secret), while under arrest (and subsequent escape) from Redcoat martial-law traffic police at Minute Man National Historic Park, Paul Revere Capture Site, on the eve of the American Revolutionary War and kicking off the Battle of Lexington and Concord, against the army, navy and courts of King George III, heriditary dictator of England who attempted "gun control" by an Assault Weapons Ban of defensive 50-caliber muskets and cannon, Paul Revere's Ride, by David Hackett Fischer. Even Col Paul Revere later courtmartialed for cowardice for demanding his infantry troops get naval support before attacking a British fort of traffic cops defended by British Navy BECAUSE ITS BETTER TO BE TRIED BY 12 THAN CARRIED BY 6

That was not a lawful order for Ware to get out of the car, meaning he was under arrest and going to jail for what he believed was no crime, sgt johnson was a lying ignorant illiterate lazy dick, both cops were lied to by their communist crime bosses. Fraternal Order of Police unions hate illegal quotas for cops to collect taxes at gunpoint, it puts cops at risk of being hit by cars, injured or killed. Ignorance of the law is usually never an excuse in court, thats why Officer Jack McLamb published his Aid n Abet newsletter to educate cops in law to save their lives and rescue USA. Using his phone as videocam saved Wares life by blocking police from routinely destroying their videos, a smart cop backs down when a citizen has a recorder n knows their rights but a dumb cop is intoxicated on adrenaline, power, fear, greed, required low IQ n perhaps roidrage addiction.

The communist  cops deserved to die in this situation, by lawful deadly force by justifiable homicide by Ware, as Wares lawyer will argue in court to a jury, and probably win dismissal if his budget is sufficient and not a communist. Thats why the police chief fought releasing this video which is an open public record already seen in open court, it makes lawabiding jurors hate cops and vote Not Guilty. Feds may pursue federal gun charges if Ware found not guilty in state court, if Ware didnt own a lawful blackpowder pistol as allowed for felons, assuming Ware is a convicted felon and banned by state law from owning firearms.

Citizens have a right to travel without tickets tags licenses n forced private insurance contract under duress n fraud that dont even protect them from frivolous lawsuits to take all they own. Drug Prohibition invalid without Constitutional Amendment voted on by citizens. FTP. Leave citizens alone until u arrest n deport 40M illegal aliens n execute hilary bill obama soros gates fauci maxwell biden for treason terrorism warcrimes serialkilling massmurder drugdealing theft n cannibal snuff kiddie porn.

All cops lie about speed limits n traffic tickets, as i proved in 30 seconds in court, case dismissed without speaking 1 word, proving a 30mph limit is actually 65mph. Trooper was top ticker writer in state, i had to stand in long line behind 5 other drivers for ticket on dangerous roadside, perjury by cop saying radar on was disproven by my video, zero state court jurisdiction on federal property, cop illegally immune from arrest for my criminal charges in violation of constitutional equal protection doctrine. Ive prosecuted dozens of criminal govt employees n a dozen cops in traffic stops who got immunity for speeding, reckless driving, improper turns as proven in their police video, rearending multiple innocent cars with police cruisers n murder of woman in crash, according to their personnel files.

Meanwhile cops refused to arrest carthieves who stole 3 of my cars, 1 thief was a cop, never got 2 back, 3rd i had to locate n recover myself. My door was kicked in by excop who turned my home into traphouse while i worked out of state, he was fired for plot to bomb christian church, arrested with pipe bombs n 10,000 rounds of ammo, immune from arrest by me but now dead by OD. I got a drugdealing hitman for DEA arrested n convicted of murder, he only served 5 of 20 year sentence, his first murder sentence was 2 years for murder for hire. My dad was robbed of $450,000 by DEA drugdealing serialkiller informants impersonating FBI agents with immunity from arrest, dad got a life sentance on death row as victim. Both my parents were murdered by the police state last month via covidscam lockdown, no visits nor funerals allowed, they died alone by forced overdose of heroin that starved them to death on death row by court order, i was blocked at gunpoint from saving their lives. My gf Stephanie Mendez was murdered last year, cops refuse to arrest her killers despite knowing their names n locations in official records, i was blocked by police at gunpoint from saving her life, a judge laughed as he ordered her death penalty. Despite all this, i still helped a 6'5" cop xfootball player arrest n prosecute the killers of his KPD partner Tony Williams, gunned down on his motorcycle by drugdealers for felon sheriff shooting him in back offduty, released after video confession in possession of murder weapon same day, cop afraid of murder by his boss or loss of pension so i wrote newspaper article n website for him, resulting in cops stealing my car same day then denying they had it so reported stolen, never got it back despite slamdunk classaction lawsuit on tv.

Tulsa OK race riot in 1921 murdered 300 people with 6,000 arrests, democrat murderers not prosecuted, democrat police n soldiers did the killings of black citizens defending their homes n businesses from democrat arsons. Knoxville Tn had riots just prior to Tulsa, world war 1 veterans gunned down by machine guns of national guard for protesting theft of their pensions.

The Battle of Athens TN 1946 had the opposite result, as seen in this Hollywood movie about 300 citizen veterans opening fire on the democrat mafia police station n bombing it with dynomite n making citizen arrests of sheriff n 100s of deputies who were convicted felons, to become the new official government:




My youtube comments, soon to be banned as usual, just like my 5 facebook n twitter profiles,  50 websites with 1-billion hits and my 200 videos on youtube after 100-million views:
Cops busy assaulting battering macing n tazing Ware to death, they incorrectly assumed he had no weapon for selfdefense, dumbo cops were intoxicated on frustration, ego, fear, rage n roid rage for a routine bogus traffic ticket. Cops are often paid illegal bribes for illegal nonconsentual tows in violation of law.
Commie democrat cops run blm antifa terrorists n stand down to burn police stations, loot n burn 1500 buildings per town, over 60 murders of all colors including cops, burn christian churches, set white house on fire, try to murder president trump, for democrat coup detat n civil war to overthrow usa, blm gave $1Billion to pedo joe grabem by the pussy n stick ur fingers inside an intern biden. This is sedition subversion treason by democrat cops punished by death penalty under u.s. code n ucmj as enemy combatants. We are now in civil war sir, covid19 is a biowar attack scam by democrats to stop election, same for blm riots, same for forest fires by antifa blm with 7 fires a day per terrorist cops let them out of jail to do more arsons same day chopping down powerlines with chainsaws, wtfu.
Those crooked cops got exactly what THE LAW requires they got, a jury shall agree that a citizen used lawful deadly force n justifiable homicide in fear of his life while being assaulted battered robbed kidnapped in attempted murder by criminal thugs mugging him n trying to murder him. If ware lacked a prior valid warrant for his arrest then ware was correct in everything he said n did, cops lawyers n judges n u.s. supreme court agreed, thats why the police chief refused to release this open public record already seen in open public court.


CASELAW AND LAW ON SELFDEFENSE AGAINST POLICE


"Citizens may resist unlawful arrest to the point of taking an arresting

officer's life if necessary." Plummer v. State, 136 Ind. 306. This

premise was upheld by the Supreme Court of the United States in the

case: John Bad Elk v. U.S., 177 U.S. 529. The Court stated: "Where the

officer is killed in the course of the disorder which naturally

accompanies an attempted arrest that is resisted, the law looks with

very different eyes upon the transaction, when the officer had the right to make the arrest, from what it does if the officer had no right. What

may be murder in the first case might be nothing more than manslaughter in the other, or the facts might show that no offense had been

committed."

"An arrest made with a defective warrant, or one issued without

affidavit, or one that fails to allege a crime is within jurisdiction,

and one who is being arrested, may resist arrest and break away. lf the

arresting officer is killed by one who is so resisting, the killing will

be no more than an involuntary manslaughter." Housh v. People, 75 111. 491; reaffirmed and quoted in State v. Leach, 7 Conn. 452; State v.

Gleason, 32 Kan. 245; Ballard v. State, 43 Ohio 349; State v Rousseau,

241 P. 2d 447; State v. Spaulding, 34 Minn. 3621.

"When a person, being without fault, is in a place where he has a right

to be, is violently assaulted, he may, without retreating, repel by

force, and if, in the reasonable exercise of his right of self defense,

his assailant is killed, he is justified." Runyan v. State, 57 Ind. 80;

Miller v. State, 74 Ind. 1.

"These principles apply as well to an officer attempting to make an

arrest, who abuses his authority and transcends the bounds thereof by

the use of unnecessary force and violence, as they do to a private

individual who unlawfully uses such force and violence." Jones v. State,

26 Tex. App. I; Beaverts v. State, 4 Tex. App. 1 75; Skidmore v. State,

43 Tex. 93, 903.

"An illegal arrest is an assault and battery. The person so attempted to

be restrained of his liberty has the same right to use force in

defending himself as he would in repelling any other assault and

battery." (State v. Robinson, 145 ME. 77, 72 ATL. 260).

"Each person has the right to resist an unlawful arrest. In such a case,

the person attempting the arrest stands in the position of a wrongdoer and may be resisted by the use of force, as in self- defense." (State v. Mobley, 240 N.C. 476, 83 S.E. 2d 100).

"One may come to the aid of another being unlawfully arrested, just as

he may where one is being assaulted, molested, raped or kidnapped. Thus it is not an offense to liberate one from the unlawful custody of an officer, even though he may have submitted to such custody, without resistance." (Adams v. State, 121 Ga. 16, 48 S.E. 910).

"Story affirmed the right of self-defense by persons held illegally. In

his own writings, he had admitted that 'a situation could arise in which

the checks-and-balances principle ceased to work and the various

branches of government concurred in a gross usurpation.' There would be no usual remedy by changing the law or passing an amendment to the

Constitution, should the oppressed party be a minority. Story concluded,

'If there be any remedy at all ... it is a remedy never provided for by

human institutions.' That was the 'ultimate right of all human beings in

extreme cases to resist oppression, and to apply force against ruinous

injustice.'" (From Mutiny on the Amistad by Howard Jones, Oxford

University Press, 1987, an account of the reading of the decision in the

case by Justice Joseph Story of the Supreme Court.

As for grounds for arrest: "The carrying of arms in a quiet, peaceable, and orderly manner, concealed on or about the person, is not a breach of the peace. Nor does such an act of itself, lead to a breach of the peace." (Wharton's Criminal and Civil Procedure, 12th Ed., Vol.2: Judy v. Lashley, 5 W. Va. 628, 41 S.E. 197)

Ware was arrested for no vehicle registration, perhaps a $75 tax. Vehicle registration costs $700,000 per vehicle in NY City. Seems legit in a city where the mayor murdered 10,000 old people in nursing homes to steal the election from President Trump, and bombed its own World Trade Center, 4 times.

UPDATES IN PROGRESS

"The taxicabs of New York City, with their distinctive yellow paint, are a widely recognized icon of the city. Taxicabs are operated by private companies and licensed by the New York City Taxi and Limousine Commission. The Commission is a New York City government agency that is best known for its responsibility for the more than 13,237 taxis operating in the city. It also oversees over 40,000 other for-hire vehicles, including "black cars", commuter vans and ambulettes. "Medallion taxis," the familiar yellow cabs, are the only vehicles in the city permitted to pick up passengers in response to a street hail. In 1937 Mayor Fiorello H. La Guardia signed the Haas Act, which introduced official taxi licenses and the medallion system that remains in place today. Because the medallion system artificially restricts the number of cabs, it has been criticized as a barrier to entry to the taxi market[10] that has created a market for illegal taxicab operation in areas underserved by medallion cabs. Because the cost of leasing a medallion is so high, the system may cut into the income of drivers and raise costs to passengers. The medallions which could not be sold for a simple $10 renewal fee during the 1930s are now worth hundreds of thousands of dollars with fleet medallions topping $705,000 in 2011. As of June 2006, fares begin at $2.50 ($3.00 after 8:00 p.m., and $3.50 during the peak weekday hours of 4:00–8:00 p.m.) and increase based on the distance traveled and time spent in slow traffic (40 cents for each one-fifth of a mile or 60 seconds of no motion or motion under 12 miles an hour). In 1999, 241 million passengers rode in New York taxis. The average cab fare in 2000 was $6; passengers paid a total of over $1 billion in fares that year."
-Wikipedia, Taxicabs of New York City (NYC govt says you have no right to own a firearm for self defense, and says 9/11 was not an Inside Job)


Ware was arrested for no insurance, a private corporate contract voided by duress and fraud at gunpoint, taser electrocution, pepper spray burning eyes and lungs, physical assault by mafia enforcers, verbal threat of shooting, denial of medical care and murder.

Half of US citizens cannor afford insurance. The only way to require mandatory car insurance is for the govt to pay every person a $50,000 paycheck.

Note that insurance salesman George Gordon admits that only 5% of insurance company revenue is used to pay claims. Attorney and presidential candidate Ralph Nader says insurance executives pay themselves $200,000 per WEEK salary, per person...not counting Warren Buffet, owner of GEICO Govt Employees Insurance Corp, who paid himself $30-BILLION per year, TAX FREE. Suckas!

Basically, the only drivers required to have car insurance are non-govt employees, who can afford to buy it, who don't self-insure, who crash by their own fault and cause damage to someone else, and refuse to pay for that damage. Translation: If you don't cause a crash that injures someone else, or if you cause a crash and injure someone else but they sign a contract not to sue, or if you cannot afford to buy insurance, then you cannot be required to buy insurance. Equal protection means if a govt employee gets a right or immunity, then all citizens get the same right or immunity, no matter how wealthy they are. No one else is "required" to buy car insurance. Doh!

UPDATE December 2010 Report: Blount County sheriff has no liability insurance on fleet of 300 cars - Finance Director Jennings also brought another major financial problem to this meeting. The county self-insures for liability and workers compensation. It seems that our previous Financial Director did not do the actuarial reviews necessary to assure that there was enough money in these funds to pay our insurance claims. Worse, during the previous administration, nearly $900,000 in accounting "errors" were made in calculating the amount of money in these funds. These errors went undetected by the state auditors, until this year. After Jennings reviewed all these matters, he discovered there is no money in these funds, and it will take an injection of $2.6 million of taxpayers' hard earned money to make these funds sound


"A thorough survey of pertinent constitutional case law has yielded no reported decisions from any federal appellate courts extending the Commerce Clause or General Welfare Clause to encompass regulation of a person's decision not to purchase a product, notwithstanding its effect on interstate commerce or role in a global regulatory scheme. It's about an individual's right to choose to participate. The unchecked expansion of congressional power to the limits suggested by the Minimum Essential Coverage Provision would invite unbridled exercise of federal police powers."
-Judge Henry Hudson, MEMORANDUM OPINION, Commonwealth of Virginia v. Sebelius, 3:10CV188-HEH, 13 Dec 2010

UPDATE 31 JAN 2011: Judge strikes down healthcare reform law - A federal judge in Florida struck down President Barack Obama's landmark healthcare overhaul as unconstitutional on Monday in the biggest legal challenge yet to federal authority to enact the law. U.S. District Judge Roger Vinson ruled that the reform law's so-called individual mandate went too far in requiring that Americans start buying health insurance in 2014 or pay a penalty. "Because the individual mandate is unconstitutional and not severable, the entire act must be declared void," he wrote, "This has been a difficult decision to reach and I am aware that it will have indeterminable implications." Referring to a key provision in the Patient Protection and Affordable Care Act, Vinson sided with governors and attorneys general from 26 U.S. states, almost all of whom are Republicans, in declaring the Obama healthcare reform unconstitutional. "Regardless of how laudable its attempts may have been to accomplish these goals in passing the act, Congress must operate within the bounds established by the Constitution," Vinson, who was appointed to the bench by Republican President Ronald Reagan, ruled

UPDATE 31 JAN 2011: Florida Attorney General - “Today’s ruling by Judge Vinson is an important victory for every person who believes in the freedoms granted to us by our Constitution,” said Attorney General Bondi. “This proves that the federal government requiring Americans to purchase health insurance is in fact unconstitutional. In addition, the bipartisan effort from Attorneys General across the country shows the federal government that we will not back down from protecting the constitutional rights of our citizens.”

"It is declared that the public policy of this state, consistent with our constitutionally recognized and inalienable right of liberty, is that every person within this state is and shall be free to choose or to decline to choose any mode of securing health care services without penalty or threat of penalty. It is declared that the public policy of this state, consistent with our constitutionally recognized and inalienable right of liberty, is that every person within this state has the right to purchase health insurance or to refuse to purchase health insurance. The government may not interfere with a citizen’s right to purchase health insurance or with a citizen’s right to refuse to purchase health insurance. The government may not enact a law that would restrict these rights or that would impose a form of punishment for exercising either of these rights. Any law to the contrary shall be void ab initio."
-Tennessee Health Care Freedom Act SB 0079 2011

$796 VC 16028(A) Failure to provide evidence of financial responsibility (insurance) Note: This fine may be reduced with proof of insurance on or after the violation date. HUGE California Traffic Tickets Fines Effective 01/06/2011. The state of California is broke and NEEDS MONEY!

There is no such State law requiring purchase of "car insurance" from private corporations -- it's called "financial responsibility" -- which has many "exemptions" under Title 55 Chapter 12 of Tennessee Code.

Tennessee Code

55-12-106. Exceptions to requirement of security and revocation — Additional acceptable proof of financial security. —
The requirements of security and revocation contained in this chapter shall not apply to:

(1) An operator or owner, if the owner had in effect at the time of the accident, an automobile liability policy or bond with respect to the vehicle involved in the accident, except that an operator shall not be exempt under this subdivision (1) if, at the time of the accident, the vehicle was being operated without the owner's permission, either expressed or implied;

(2) An operator who is not the owner of the vehicle involved in the accident, if there was, in effect at the time of the accident, an automobile liability policy or bond with respect to driving a vehicle not owned by the operator;

(3) An operator or owner whose liability for damages resulting from the accident is, in the judgment of the commissioner, covered by another form of liability insurance policy or bond;

(4) Any owner qualifying as a self-insurer or to any operator of a vehicle owned by a person qualifying as a self-insurer as outlined in § 55-12-111;

(5) Any operator or owner of a motor vehicle involved in an accident wherein no injury or damage was caused to the person or property of anyone other than the operator or owner;

(6) An owner of a motor vehicle, if at the time of the accident the vehicle was being operated without the owner's permission, either expressed or implied, or was parked by a person who had been operating the motor vehicle without permission;

(7) Any owner or operator who shall submit, on or before the date of revocation, proof satisfactory to the commissioner of acceptance of liability for the accident and an agreement concerning the payment of damages satisfactory to all parties claiming damages. This exemption shall not apply, however, if the owner or operator fails to carry out the terms of the agreement. The commissioner may at any time within three (3) years after the accident, upon notice of such failure, take any action that might have been taken had the agreement not been made;

(8) Vehicles owned by the United States, this state or any political subdivision of this state or any municipality therein, or to the operator of any vehicle so owned, when the vehicle is involved in an accident;

(9) Any vehicle owned and operated by a carrier subject to the jurisdiction of the department of safety or the interstate commerce commission;

(10) Any person licensed and engaged in the business of renting or leasing motor vehicles to be operated on the public highways shall be required only to furnish proof of financial ability to satisfy any judgment or judgments rendered against the person in the person's capacity as owner of the motor vehicle, and shall not be required to furnish proof of its financial ability to satisfy any judgment or judgments rendered against the person to whom the motor vehicle was rented or leased at the time of the accident;

(11) A driver or owner of a vehicle that, at the time of the accident, was parked, unless the vehicle was parked at a place where parking at the time of the accident was prohibited by any applicable law or ordinance, or unless the vehicle was parked in an otherwise unlawful manner;

(12) Any person employed by the government of the United States, while the person is acting within the scope of the office or employment and is involved in a motor vehicle accident;

(13) An owner or operator of any vehicle where there is no physical contact with another vehicle or object or person, unless a judgment has been obtained;

(14) A driver or owner of a vehicle who has submitted to the commissioner on or before the date of revocation notarized releases executed by all parties who have previously filed claims with the department as a result of the accident; or

(15) Any person who has obtained a discharge in bankruptcy that discharged all claims against the person because of the accident listed in the petition; provided, that the discharge shall not relieve the person from the requirements of giving and maintaining proof of financial responsibility as required by § 55-12-126, and the person must pay a restoration fee of sixty-five dollars ($65.00) and pass the driver license examination.

55-12-105. Security deposit following accident — Acceptable proof of financial security — Revocation of registration or operating privileges for failure to deposit security — Notice — Appeal. —

(a) The commissioner shall, upon receiving an accident report of an accident occurring in this state that has resulted in bodily injury, or death, or damage to the property of any one (1) person in excess of four hundred dollars ($400), and upon determining that there is a reasonable possibility of a judgment against the owner, operator, or both, and upon receiving notice of a claim filed against the owner, operator, or both, revoke the license and shall request the commissioner of revenue to immediately revoke all registrations of the owner, operator, or both, of a motor vehicle involved in the accident, and in case of a nonresident, the privilege of operating a motor vehicle within this state and of the use within this state of any motor vehicle owned by the nonresident, unless the operator, owner, or both, deposits security in a sum that shall be sufficient in the judgment of the commissioner, and in no event less than five hundred dollars ($500), to satisfy any judgment or judgments resulting from the accident that may be recovered against the operator, owner, or both.

(b) The following, and only the following, shall be acceptable proof of financial security:

(1) Filing of written proof of insurance coverage with the commissioner on forms approved by the commissioner;

(2) The deposit of cash with the commissioner of no less than the amount specified in § 55-12-102, or in the total amount of all damages suffered, whichever is less, subject to a minimum deposit of five hundred dollars ($500);

(3) The execution and filing of a bond with the commissioner of no less than the amount specified in § 55-12-102, or in the total amount of all damages suffered, whichever is less, subject to a minimum bond of five hundred dollars ($500); or

(4) The submission to the commissioner of notarized releases executed by all parties who had previously filed claims with the department as a result of the accident.

(c) Any notice of revocation issued under this section shall be sent by United States mail to the last known address of the operator and owner not less than twenty (20) days prior to the effective date of revocation, and shall state the amount required as security, and that the operator, owner, or both are entitled to an administrative hearing conducted by the commissioner of safety or the commissioner's delegate pursuant to a request under § 55-12-103(a). Any request for an administrative hearing must be submitted in writing on or before the effective date of the proposed revocation.

55-12-111. Self-insurers. —

(a) Any person in whose name more than twenty-five (25) vehicles are registered may qualify as a self-insurer by obtaining a certificate of self-insurance from the commissioner as provided in subsection (c).

(b) Any recognized religious sect or division having established tenets or teachings and that has been in existence at all times since December 31, 1950, may qualify as a self-insurer by obtaining a certificate of self-insurance from the commissioner as provided in subsection (c) if the department determines that all of the following conditions are met:

(1) Members of the religious sect or division operate more than twenty-five (25) motor vehicles that are registered in this state and are either owned or leased by them;

(2) The members hold a common belief in mutual financial assistance in time of need to the extent that they share in financial obligations of other members who would otherwise be unable to meet their obligations;

(3) The religious sect or division is financially solvent and not subject to any actions in bankruptcy, trusteeship, receivership or any other court proceeding in which the sect or division's financial solvency is in question;

(4) Neither the religious sect or division nor any of its participating members has any judgments arising out of the operation, maintenance or use of a motor vehicle taken against them that have remained unsatisfied for more than thirty (30) days after becoming final; and

(5) There are no other factors that cause the department to believe that the religious sect or division and its members are not of sufficient financial ability to pay judgments taken against them.

(c) The commissioner has the discretion, upon the application of the person or religious sect or division, to issue a certificate of self-insurance when satisfied that the person or religious sect or division is possessed and will continue to be possessed of an ability to pay any judgments that might be rendered against the person or religious sect or division.

(d) The commissioner may, at any time after the issuance of a certificate of self-insurance, cancel the certificate by giving thirty (30) days' written notice of cancellation should there be reason to believe that the person or religious sect or division to whom this certificate was issued is no longer qualified as a self-insurer under this section.

Tennessee Code

55-12-106. Exceptions to requirement of security and revocation — Additional acceptable proof of financial security. —
The requirements of security and revocation contained in this chapter shall not apply to:

(1) An operator or owner, if the owner had in effect at the time of the accident, an automobile liability policy or bond with respect to the vehicle involved in the accident, except that an operator shall not be exempt under this subdivision (1) if, at the time of the accident, the vehicle was being operated without the owner's permission, either expressed or implied;

(2) An operator who is not the owner of the vehicle involved in the accident, if there was, in effect at the time of the accident, an automobile liability policy or bond with respect to driving a vehicle not owned by the operator;

(3) An operator or owner whose liability for damages resulting from the accident is, in the judgment of the commissioner, covered by another form of liability insurance policy or bond;

(4) Any owner qualifying as a self-insurer or to any operator of a vehicle owned by a person qualifying as a self-insurer as outlined in § 55-12-111;

(5) Any operator or owner of a motor vehicle involved in an accident wherein no injury or damage was caused to the person or property of anyone other than the operator or owner;

(6) An owner of a motor vehicle, if at the time of the accident the vehicle was being operated without the owner's permission, either expressed or implied, or was parked by a person who had been operating the motor vehicle without permission;

(7) Any owner or operator who shall submit, on or before the date of revocation, proof satisfactory to the commissioner of acceptance of liability for the accident and an agreement concerning the payment of damages satisfactory to all parties claiming damages. This exemption shall not apply, however, if the owner or operator fails to carry out the terms of the agreement. The commissioner may at any time within three (3) years after the accident, upon notice of such failure, take any action that might have been taken had the agreement not been made;

(8) Vehicles owned by the United States, this state or any political subdivision of this state or any municipality therein, or to the operator of any vehicle so owned, when the vehicle is involved in an accident;

(9) Any vehicle owned and operated by a carrier subject to the jurisdiction of the department of safety or the interstate commerce commission;

(10) Any person licensed and engaged in the business of renting or leasing motor vehicles to be operated on the public highways shall be required only to furnish proof of financial ability to satisfy any judgment or judgments rendered against the person in the person's capacity as owner of the motor vehicle, and shall not be required to furnish proof of its financial ability to satisfy any judgment or judgments rendered against the person to whom the motor vehicle was rented or leased at the time of the accident;

(11) A driver or owner of a vehicle that, at the time of the accident, was parked, unless the vehicle was parked at a place where parking at the time of the accident was prohibited by any applicable law or ordinance, or unless the vehicle was parked in an otherwise unlawful manner;

(12) Any person employed by the government of the United States, while the person is acting within the scope of the office or employment and is involved in a motor vehicle accident;

(13) An owner or operator of any vehicle where there is no physical contact with another vehicle or object or person, unless a judgment has been obtained;

(14) A driver or owner of a vehicle who has submitted to the commissioner on or before the date of revocation notarized releases executed by all parties who have previously filed claims with the department as a result of the accident; or

(15) Any person who has obtained a discharge in bankruptcy that discharged all claims against the person because of the accident listed in the petition; provided, that the discharge shall not relieve the person from the requirements of giving and maintaining proof of financial responsibility as required by § 55-12-126, and the person must pay a restoration fee of sixty-five dollars ($65.00) and pass the driver license examination.

55-12-105. Security deposit following accident — Acceptable proof of financial security — Revocation of registration or operating privileges for failure to deposit security — Notice — Appeal. —

(a) The commissioner shall, upon receiving an accident report of an accident occurring in this state that has resulted in bodily injury, or death, or damage to the property of any one (1) person in excess of four hundred dollars ($400), and upon determining that there is a reasonable possibility of a judgment against the owner, operator, or both, and upon receiving notice of a claim filed against the owner, operator, or both, revoke the license and shall request the commissioner of revenue to immediately revoke all registrations of the owner, operator, or both, of a motor vehicle involved in the accident, and in case of a nonresident, the privilege of operating a motor vehicle within this state and of the use within this state of any motor vehicle owned by the nonresident, unless the operator, owner, or both, deposits security in a sum that shall be sufficient in the judgment of the commissioner, and in no event less than five hundred dollars ($500), to satisfy any judgment or judgments resulting from the accident that may be recovered against the operator, owner, or both.

(b) The following, and only the following, shall be acceptable proof of financial security:

(1) Filing of written proof of insurance coverage with the commissioner on forms approved by the commissioner;

(2) The deposit of cash with the commissioner of no less than the amount specified in § 55-12-102, or in the total amount of all damages suffered, whichever is less, subject to a minimum deposit of five hundred dollars ($500);

(3) The execution and filing of a bond with the commissioner of no less than the amount specified in § 55-12-102, or in the total amount of all damages suffered, whichever is less, subject to a minimum bond of five hundred dollars ($500); or

(4) The submission to the commissioner of notarized releases executed by all parties who had previously filed claims with the department as a result of the accident.

(c) Any notice of revocation issued under this section shall be sent by United States mail to the last known address of the operator and owner not less than twenty (20) days prior to the effective date of revocation, and shall state the amount required as security, and that the operator, owner, or both are entitled to an administrative hearing conducted by the commissioner of safety or the commissioner's delegate pursuant to a request under § 55-12-103(a). Any request for an administrative hearing must be submitted in writing on or before the effective date of the proposed revocation.

55-12-111. Self-insurers. —

(a) Any person in whose name more than twenty-five (25) vehicles are registered may qualify as a self-insurer by obtaining a certificate of self-insurance from the commissioner as provided in subsection (c).

(b) Any recognized religious sect or division having established tenets or teachings and that has been in existence at all times since December 31, 1950, may qualify as a self-insurer by obtaining a certificate of self-insurance from the commissioner as provided in subsection (c) if the department determines that all of the following conditions are met:

(1) Members of the religious sect or division operate more than twenty-five (25) motor vehicles that are registered in this state and are either owned or leased by them;

(2) The members hold a common belief in mutual financial assistance in time of need to the extent that they share in financial obligations of other members who would otherwise be unable to meet their obligations;

(3) The religious sect or division is financially solvent and not subject to any actions in bankruptcy, trusteeship, receivership or any other court proceeding in which the sect or division's financial solvency is in question;

(4) Neither the religious sect or division nor any of its participating members has any judgments arising out of the operation, maintenance or use of a motor vehicle taken against them that have remained unsatisfied for more than thirty (30) days after becoming final; and

(5) There are no other factors that cause the department to believe that the religious sect or division and its members are not of sufficient financial ability to pay judgments taken against them.

(c) The commissioner has the discretion, upon the application of the person or religious sect or division, to issue a certificate of self-insurance when satisfied that the person or religious sect or division is possessed and will continue to be possessed of an ability to pay any judgments that might be rendered against the person or religious sect or division.

(d) The commissioner may, at any time after the issuance of a certificate of self-insurance, cancel the certificate by giving thirty (30) days' written notice of cancellation should there be reason to believe that the person or religious sect or division to whom this certificate was issued is no longer qualified as a self-insurer under this section.


Law.Dictionary.com

contract

1) n. an agreement with specific terms between two or more persons or entities in which there is a promise to do something in return for a valuable benefit known as consideration. Since the law of contracts is at the heart of most business dealings, it is one of the three or four most significant areas of legal concern and can involve variations on circumstances and complexities. The existence of a contract requires finding the following factual elements: a) an offer; b) an acceptance of that offer which results in a meeting of the minds; c) a promise to perform; d) a valuable consideration (which can be a promise or payment in some form); e) a time or event when performance must be made (meet commitments); f) terms and conditions for performance, including fulfilling promises; g) performance, if the contract is "unilateral". A unilateral contract is one in which there is a promise to pay or give other consideration in return for actual performance. (I will pay you $500 to fix my car by Thursday; the performance is fixing the car by that date.) A bilateral contract is one in which a promise is exchanged for a promise. (I promise to fix your car by Thursday and you promise to pay $500 on Thursday.) Contracts can be either written or oral, but oral contracts are more difficult to prove and in most jurisdictions the time to sue on the contract is shorter (such as two years for oral compared to four years for written). In some cases a contract can consist of several documents, such as a series of letters, orders, offers and counteroffers. There are a variety of types of contracts: "conditional" on an event occurring; "joint and several," in which several parties make a joint promise to perform, but each is responsible; "implied," in which the courts will determine there is a contract based on the circumstances. Parties can contract to supply all of another's requirements, buy all the products made, or enter into an option to renew a contract. The variations are almost limitless. Contracts for illegal purposes are not enforceable at law. 2) v. to enter into an agreement.

adhesion contract

n.(contract of adhesion) a contract (often a signed form) so imbalanced in favor of one party over the other that there is a strong implication it was not freely bargained. Example: a rich landlord dealing with a poor tenant who has no choice and must accept all terms of a lease, no matter how restrictive or burdensome, since the tenant cannot afford to move. An adhesion contract can give the little guy the opportunity to claim in court that the contract with the big shot is invalid. This doctrine should be used and applied more often, but the same big guy-little guy inequity may apply in the ability to afford a trial or find and pay a resourceful lawyer.

breach of contract

n. failing to perform any term of a contract, written or oral, without a legitimate legal excuse. This may include not completing a job, not paying in full or on time, failure to deliver all the goods, substituting inferior or significantly different goods, not providing a bond when required, being late without excuse, or any act which shows the party will not complete the work ("anticipatory breach"). Breach of contract is one of the most common causes of law suits for damages and/or court-ordered "specific performance" of the contract.

oral contract

n. an agreement made with spoken words and either no writing or only partially written. An oral contract is just as valid as a written agreement. The main problem with an oral contract is proving its existence or the terms. As one wag observed: "An oral contract is as good as the paper it's written on." An oral contract is often provable by action taken by one or both parties which is obviously in reliance on the existence of a contract. The other significant difference between oral and written contracts is that the time to sue for breach of an oral contract (the statute of limitations) is sometimes shorter. For example, California's limitation is two years for oral compared to four for written, Connecticut and Washington three for oral rather than six for written, and Georgia four for oral instead of 20 for written.

defraud

v. to use deceit, falsehoods or trickery to obtain money, an object, rights or anything of value belonging to another.

fraud

n. the intentional use of deceit, a trick or some dishonest means to deprive another of his/her/its money, property or a legal right. A party who has lost something due to fraud is entitled to file a lawsuit for damages against the party acting fraudulently, and the damages may include punitive damages as a punishment or public example due to the malicious nature of the fraud. Quite often there are several persons involved in a scheme to commit fraud and each and all may be liable for the total damages. Inherent in fraud is an unjust advantage over another which injures that person or entity. It includes failing to point out a known mistake in a contract or other writing (such as a deed), or not revealing a fact which he/she has a duty to communicate, such as a survey which shows there are only 10 acres of land being purchased and not 20 as originally understood. Constructive fraud can be proved by a showing of breach of legal duty (like using the trust funds held for another in an investment in one's own business) without direct proof of fraud or fraudulent intent. Extrinsic fraud occurs when deceit is employed to keep someone from exercising a right, such as a fair trial, by hiding evidence or misleading the opposing party in a lawsuit. Since fraud is intended to employ dishonesty to deprive another of money, property or a right, it can also be a crime for which the fraudulent person(s) can be charged, tried and convicted. Borderline overreaching or taking advantage of another's naivetƩ involving smaller amounts is often overlooked by law enforcement, which suggests the victim seek a "civil remedy" (i.e., sue). However, increasingly fraud, which has victimized a large segment of the public (even in individually small amounts), has become the target of consumer fraud divisions in the offices of district attorneys and attorneys general.

constructive fraud

n. when the circumstances show that someone's actions give him/her an unfair advantage over another by unfair means (lying or not telling a buyer about defects in a product, for example), the court may decide from the methods used and the result that it should treat the situation as if there was actual fraud even if all the technical elements of fraud have not been proven.

fraud in the inducement

n. the use of deceit or trick to cause someone to act to his/her disadvantage, such as signing an agreement or deeding away real property. The heart of this type of fraud is misleading the other party as to the facts upon which he/she will base his/her decision to act. Example: "there will be tax advantages to you if you let me take title to your property," or "you don't have to read the rest of the contract-it is just routine legal language" but actually includes a balloon payment.

intrinsic fraud

n. an intentionally false representation (lie) which is part of the fraud and can be considered in determining general and punitive damages. This is distinguished from extrinsic fraud (collateral fraud) which was a deceptive means to keeping one from enforcing his/her legal rights.

statute of frauds

n. law in every state which requires that certain documents be in writing, such as real property titles and transfers (conveyances), leases for more than a year, wills and some types of contracts. The original statute was enacted in England in 1677 to prevent fraudulent title claims.

theft

n. the generic term for all crimes in which a person intentionally and fraudulently takes personal property of another without permission or consent and with the intent to convert it to the taker's use (including potential sale). In many states, if the value of the property taken is low (for example, less than $500) the crime is "petty theft," but it is "grand theft" for larger amounts, designated misdemeanor or felony, respectively. Theft is synonymous with "larceny." Although robbery (taking by force), burglary (taken by entering unlawfully) and embezzlement (stealing from an employer) are all commonly thought of as theft, they are distinguished by the means and methods used and are separately designated as those types of crimes in criminal charges and statutory punishments.

grand larceny

n. the crime of theft of another's property (including money) over a certain value (for example, $500), as distinguished from petty (or petit) larceny in which the value is below the grand larceny limit. Some states only recognize the crime of larceny, but draw the line between a felony (punishable by state prison time) and a misdemeanor (local jail and/or fine) based on the value of the loot.

rights

n. 1) plural of right, which is the collection of entitlements which a person may have and which are protected by the government and the courts or under an agreement (contract). 2) slang for the information which must be given by law enforcement officers to a person who is about to be arrested, is a prime suspect in a crime, or is officially accused of a crime. These "rights" are short for "Miranda rights," which the Supreme Court, in Miranda v. Arizona (1966), required be read to suspects, including the rights to remain silent and to have an attorney (and if the suspect cannot afford a lawyer, one will be provided), and warning that anything the suspect says can be used against him/her in court. Failure to recite these rights means that a confession may not be used as evidence.

Bill of Rights

n. the first ten amendments to the federal Constitution demanded by several states in return for ratifying the Constitution, since the failure to protect these rights was a glaring omission in the Constitution as adopted in convention in 1787. Adopted and ratified in 1791, the Bill of Rights are: First: Prohibits laws establishing a religion (separation of church and state), and bans laws which would restrict freedom of religion, speech, press (now interpreted as covering all media), right to peaceably assemble and petition the government. Second: A "well regulated Militia, being necessary to the security of a free state, the right of the people to keep and bear Arms, shall not be infringed." This is often claimed as giving the unfettered right of individuals to own guns, but is actually limited to the right of "the" people, meaning the body politic or the public as a group, to bear arms as militiamen Third: No quartering of soldiers in private homes without the owner's consent. Fourth: No unreasonable search and seizures, no warrants without probable cause, and such warrants must be upon "oath or affirmation" and describe the place to be searched or the person or things to be taken. Fifth: Prohibits criminal charges for death penalty ("capital punishment") or any other "infamous" crime (felony) without indictment by a Grand Jury except under martial law in the time of war or "public danger"; no person may be tried twice for the same offense; no one may be compelled to be a witness against himself ("taking the Fifth"), no one can be deprived of life, liberty or property without "due process of law"; no taking of property for public use (eminent domain) without just compensation. These rights have become applicable to states through the 14th Amendment as well as state constitutions. Sixth: Rights of criminal defendants to a speedy and public trial, impartial local jury, information on the nature and cause of accusation, confront witnesses against him, right to subpena witnesses, and have counsel. Seventh: Juries may be demanded in civil cases (over $20) and the jury shall be trier of the fact in such cases as required by Common Law. Eighth: No excessive bail, excessive fines or "cruel and unusual punishment." Note that denial of bail in murder cases or when the accused may flee is not "excessive," and capital punishment (like the gas chamber) may be cruel but not necessarily unusual. inth: Stating these rights shall not be construed to deny that other rights are retained by the people. Tenth: Powers given to the United States (central government) and not prohibited to the states, are reserved to the states or to the people.

constitutional rights

n. rights given or reserved to the people by the U.S. Constitution, and in particular, the Bill of Rights (first ten amendments). These rights include: writ of habeas corpus, no bill of attainder, no duties or taxes on transporting goods from one state to another (Article I, Section 9); jury trials (Article III, Section 1); freedom of religion, speech, press (which includes all media), assembly and petition (First Amendment); state militia to bear arms (Second Amendment); no quartering of troops in homes (Third Amendment); no unreasonable search and seizure (Fourth Amendment); major ("capital and infamous") crimes require indictment, no double jeopardy (more than one prosecution) for the same crime, no self-incrimination, right to due process, right to just compensation for property taken by eminent domain (Fifth Amendment); in criminal law, right to a speedy trial, to confront witnesses against one, and to counsel (Sixth Amendment); trial by jury (Seventh Amendment); right to bail, no excessive fines, and no cruel and unusual punishments (Eighth Amendment); unenumerated rights are reserved to the people (Ninth Amendment); equal protection of the laws (14th Amendment); no racial bars to voting (15th Amendment); no sex bar to voting (19th Amendment); and no poll tax (24th Amendment). Constitutional interpretation has expanded and added nuances to these rights.

civil rights

n. those rights guaranteed by the Bill of Rights, the 13th and 14th Amendments to the Constitution, including the right to due process, equal treatment under the law of all people regarding enjoyment of life, liberty, property, and protection. Positive civil rights include the right to vote, the opportunity to enjoy the benefits of a democratic society, such as equal access to public schools, recreation, transportation, public facilities, and housing, and equal and fair treatment by law enforcement and the courts.

creditor's rights

n. the field of law dealing with the legal means and procedures to collect debts and judgments.


PATRICK HENRY SHOCKED!


Young Christian lawyer Patrick Henry saw why a JURY of PEERS is so vital to FREEDOM! It was March 1775 when he rode into a small town of Culpepper, Virginia. He was totally shocked by what he saw! There, in the middle of the town square was a minister tied to a whipping post, his back laid bare and bloody with the bones of his ribs showing. He had been scourged mercilessly like JESUS, with whips laced with metal.

Patrick Henry is quoted as saying: "When they stopped beating him, I could see the bones of his rib cage. I turned to someone and asked what the man had done to deserve such a beating as this."

SCOURAGED FOR NOT TAKING A LICENSE!

The reply given him was that the man being scourged was a minister who refused to take a license. He was one of twelve who were locked in jail because they refused to take a license. A license often becomes an arbitrary control by government that makes a crime out of what ordinarily would not be a crime. IT TURNS A RIGHT INTO A PRIVILEGE! Three days later they scourged him to death.

This was the incident which sparked Christian lawyer Patrick Henry to write the famous words which later became the rallying cry of the Revolution. "What is it that Gentlemen wish? What would they have? Is life so dear, or peace so sweet, as to be purchased at the price of chains and slavery? Forbid it, Almighty God! I know no what course others may take, but as for me, GIVE ME LIBERTY OR GIVE ME DEATH!" (view complete speech here)

from The Citizens Rulebook and Jury Guide











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