Common Law Words and Definitions

Note: These definitions are from varying sources and should be used in reference to common law. At times they do not convey a meaning that would be considered as part of the modern vernacular where an effort should be made to pay closer attention to the earliest definition in Latin. The list of common law words is essentially inexhaustible and open largely to interpretation however there are certain key or sibilith words used in courts that carry more weight than others i.e. ‘harm’ ‘trespass’ ‘debt’ etc. In some cases where root words or phrases are highlighted in yellow care needs to be exercised in their use because they are used interchangeably by lawyers and in common law. Cases prosecuted in common law should only use precedent or causes of action in comparison only ie. for the administration of property without right it could be compared with conversion written as [cf. conversion]. Text highlighted within the body of a definition either indicates its simplest meaning or its earliest meaning from the Latin root. &c. : Essentially the same as “etc.” and other things, and the rest; and so forth, as opposed to “et al.” meaning “and others” when referring to people. cf. : From the latin word confer (to bring together), to compare, meaning to consult or use other material as an example in contrast. cf. is said to also have come from the Italian word confronta which means “compare” in simple terms is used as a reference i.e. “see also” PIE : Proto Indo European Language, first and early collection of languages spoken by man, Originating around the Asian, Indian, and European land. q.v. : The abbreviation q.v. stands for the Latin phrase Quod Vide which translated directly means “Which see” which in terms of modern English usage means “on this (matter) go see” or “for further information see this”. It is used to direct a reader to another part of a book or article for further information. viz. : abréviation of videlicet usually read as “namely” or “that is” or “to wit” abandon : To forsake entirely; as to abandon a hopeless enterprise. To renounce and forsake; to leave with a view never to return; to desert as lost or desperate; as to abandon a country; to abandon a cause or party. To resign; to yield, relinquish, or give over entirely. [comment] from the Latin bannum “proclamation” it can be seen when one abandons something it implies notice or proclamation constructively (see constructive) that it is your wish to give up or desert it entirely, especially when considering the law. abeyance : abeyance is the state in which an estate is held during a lapse in succession where there is no person in whom title is vested ie. when the ownership of a property has not been determined such as the estate of somebody who has died or possibly where a ship has been wrecked and salvage rights to the wreck are for the present undetermined. It is also used in court cases pending the outcome of some other litigation usually where foreclosures are concerned. From a common law perspective an order can be issued that another case or action be suspended [cf. held in abeyance] until the outcome of the pending case has been finalised. accidental : (adj.) Occurring unexpectedly, unintentionally, or by chance. accrue : Latin accrescere; "grow progressively, increase, become greater" from ad "to" + crescere "grow"; it can also refer to uncollected revenue. accruable loss : Is distinct from harm and injury in common law suit’s in that it indicates paper money or currency once held as an asset. affirmation : [Latin “solid assurance”]. An assertion that something is true, it also means the Quaker alternative to oath-taking “it is attested” from the 1690’s afford : [etymonline] "to put forth, contribute; further, advance; carry out, accomplish," [common law mini dictionary] moved forward with ie "Afford a court of record" aggrieved : participle passive Pained; afflicted, civilly or politically oppressed. Etymonline gives “oppressed in spirit”, in the legal sense of “injured or wronged in one’s rights” from the 1580s. [Kar Lentz] One who has lost his rights and now seeks for their return in a court of law; or a person whose financial interest is directly affected by a decree, order, judgement, or statute, and is also considered an aggrieved party entitled to bring an action challenging the legality of the decree, order, judgement, or statute, or an individual who is entitled to commence a lawsuit against another because his or her legal rights have been violated. aid : (v.) taken from etymonline "to assist, help," c. 1400, from Old French aidier "help, assist" (Modern French aider), from Latin adiutare, frequentative of adiuvare (past participle adiutus) "to give help to," from ad "to" (see ad-) + iuvare "to help, assist, give strength, support, sustain," which is from a PIE source perhaps related to the root of iuvenis "young person" (see young (adj.)). Related: Aided; aiding. appeal : A call to a higher authority, (at the same time declaring that you are not an Authority or in control) appear : “to see” From the Commonlaw Mini-Dictionary which references ’see’ as meaning to ‘understand’, Etymonline gives late 13c “to come into view” from stem of Old French aparoir (12c., Modern French apparoir) "appear, come to light, come forth," from Latin apparere "to appear, come in sight, make an appearance. Definitions from Websters 1828 in summary give “to be evidenced” apply : [Karl Lentz] to beg; where you are reducing your status by applying for a position where you were once a [wo]man. This can be seen in regards to signing any forms where you are applying for something which essentially gives up jurisdiction or control to the Person or Organisation to whom you are applying. arrest : "to cause to stop," also "to detain legally," late 14c., from Old French arester "to stay, stop" (12c., Modern French arrêter), from Vulgar Latin *arrestare "to stop, restrain" (source also of Italian arrestare, Spanish and Portuguese arrestar), from ad "to" (see ad-) + Latin restare "to stop, remain behind, stay back," from re- "back" (see re-) + stare "to stand," from PIE root *sta- "to stand, make or be firm." Figurative sense of "to catch and hold" (the attention, etc.) is from 1814. argue : frequentative of arguere "make clear, make known, prove, declare, demonstrate," from PIE *argu-yo-, from root *arg- "to shine, be white, bright, clear" ask : [common law mini dictionary] Call for an answer, make a request or seek permission from a higher authority or parent. [comment] When asking a question it is of enquiry compelling a response both in good faith and humility the outcome of which should be a timely answer. Asking questions with respect to what a man believe’s is the truth can turn jurisdiction toward the claim’s side of the court compelling a lawful outcome with respect to frivolous complaints. However asking that something be done is different from making an order. assention; ascension : “ascent of Christ into Heaven on the 40th day after Resurrection” c. 1300 “a rising”, from Latin “to mount, ascend, go up”. Dictionary dot com gives assent as “to agree, or concur”; subscribe to (often followed by to) i.e. to assent to a statement. Etymonline gives the verb as “to agree, approve or admit is true” and goes further in making a distinction between the word consent which is seen in regards to an action or act of will as opposed to assent which only acknowledges something in agreement as true. assertion (n) : noun of action from past-participle stem of Latin asserere/adserere meaning “Claim Rights over something, to claim, lay claim to, appropriate, state, maintain, affirm” assumpsit : [Latin, He undertook or he promised.] A promise by which someone assumes or undertakes an obligation to another person. The promise may be oral or in writing, but it is not under seal. It is expressed when the person making the promise puts it into distinct and specific language, but it may also be implied because the law sometimes imposes obligations based on the conduct of the parties or the circumstances of their dealings. assumption : You assume unequivocally that something is true and correct and bear full liability for that assumption. (q.v.) presumption attest : from 1590's, "bear witness to"; officially confirming, giving proof, or evidence of. From Latin attestari "confirm, prove" literally "to bear witness to"; from assimilated form of ad "to" (see ad-) + testari "bear witness," from testis "witness". at & in : Against the general tenor of life; the words 'at' and 'in' are used at will and their trivial use for most is insignificant; but in law not so; where if you are in something whether that be a car, boat, a tree or in a court; in each case you are subject to the laws, control, and authority of who's car, boat, or court you are in; or in the case of a tree subject to the laws of nature and gravity; where the word control in a court is synonymous with the word jurisdiction. On court documents you might often see "in" 'Queens Bench' or "at" 'Queens Bench' where in the case of a tree if you are at or near to the tree you are not bound by the rules you would be subject to if you where "in" the tree. A Judge once asked a party to a case "are you 'in' the car park" a trick question designed to gain jurisdiction where the man replied no I am at this court house. Australian Government : This title is a corporate construct and in error, the real title of our Government is "The Government of the Commonwealth" of Australia; and likewise the Parliament is known interchangeably as either "The Parliament" or "The Parliament of the Commonwealth" as indicated by the Australian Constitution. Generally these distinctions are not important but set against the back drop of legislation that has changed the name of our Government allowing for its registration as a private not a public Corporation the implications are somewhat alarming. authentic : This term signifies an original of which there is no doubt. authority : That which is imposed as opposed to freedom. avail : from ‘a’ = to + ‘vail’ = from the latin valere “be strong, be well, be worth, have power, be able, be in health”. (v. used with an object) To be of use or value to; profit; advantage: (v. used without an object) to be of use; have force or efficacy; serve; help: to be of value or profit. The word ‘avail’ is also cited in bouvier’s law dictionary as the Profits of land; hence tenant paravail is one in actual possession, who makes avail or profits of the land. Ham. N. P. 393. Note: Because the word is understood both as a term of art and that used in common speech one may be well wary of using it in answer with respect to common law. bankrupt : [etymonline] "in the state of one unable to pay just debts or meet obligations," 1560s, from Italian banca rotta, literally "a broken bench," from banca "moneylender's shop," literally "bench" (see bank (n.1)) + rotta "broken, defeated, interrupted" from (and in English remodeled on) Latin rupta, fem. past participle of rumpere "to break" (see rupture (n.)). Said to have been so called from an old custom of breaking the bench of bankrupts, but the allusion probably is figurative. Figurative (non-financial) sense in English is from 1580s. As a noun, "insolvent person," from 1530s. barratry : Offence of habitually starting legal suits belief (n) : [common law mini dictionary] a faith/ to hold dear/ to trust, conviction that something is True. believe : [common law mini dictionary] Only a man can believe, and can believe whatever he likes be that religious or what "he thought he saw"; no one can tell you what you can believe, for example; it is my belief he has done wrong to i, or he did wrong; which determined lawfully; could be seen as a libellous statement but ultimately a man cannot be held liable for what he believes. bench : [common law mini dictionary] Latin for Bank, JUDGES are Bankers and give rulings for Banks, Banks direct the flow of currency. Understanding the Law of Water Merchant or Maritime Law (as opposed to the Law of the Land). Mer from the land of Canaan in the Bible, Canaanites were from Firmitions bloodline, 'Canaar' Meant Merchant Banker who were Merchant, Mer derives from water as in Mer-maid and Mer-chants. see merchant bill : [etymonline] "written statement," late 14c., "formal document; formal plea or charge (in a court of law); personal letter," from Anglo-French bille, Anglo-Latin billa "a writing, a list, a seal," from Medieval Latin bulla "decree, seal, sealed document," in classical Latin "bubble, boss, stud, amulet for the neck" (hence "seal"); see bull (n.2). A writing binding the signer or signers to pay a certain sum at a future day or on demand, with or without interest, as may be stated in the document., An account of goods sold, services rendered, or work done, with the price or charge; a statement of a creditor's claim, in gross or by items; as, “a grocer's bill”. Any paper, containing a statement of particulars; as, “a bill of charges or expenditures; a weekly bill of mortality; a bill of fare, etc.” A bill can also contain the particulars of a civil complaint provided to a defendant in order to bring to his attention what is alleged and what forms the basis for the allegations. A bill is also draft legislation not having been given the force of law; or a bill can be seen as a statement of claim proposing the law between two parties; but only given force and effect before a jury who by considering the facts and evidence give assent in support of the claim making it law. In reality a bill can be any statement; wether it be a bill of particulars with regard to compensation for any type of order or a bill posting the particulars of a public or private event. It does not have to give a dollar sum; but in many cases it will as part of a billing statement. bond : Bonds have broad applications but can be required in common law as surety pending the service of a legal process where entry upon the land of another is required. In all cases private property is the personal jurisdiction of another man which can only be breached lawfully where a man or woman is being harmed or is in danger of being harmed; beyond this a breach with respect to any legal process would require an officer of the crown intending to serve a warrant on that land to be bonded where required by the property holder; where it is paid into an escrow or held by a family Solicitor or fiduciary until such time it is determined no harm has come to the property holder or his property and his rights have been preserved. A man’s property cannot be trespassed upon by another man and where a man under colour of law would trespass upon the land of another and it is shown there was no lawful reason for this man to be on that land such a man can be attached of his property in lieu of compensation made to the victim of such a trespass. bother : to molest; depending on the context. breach : a breach is not the breaking of law; but of statutes, codes, policies, and the rules. A breach as in a "breach of enclosure" is that of a trespass onto somebody's land, or the crossing of any border, casing, wall or even the external or outer covering (skin) of a man or woman. bribe : [common law mini dictionary] (v) Late 14th c "pilfer, steal, take dishonestly" also "the practice of extortion" (n) "thing stolen," from Old French bribe "a gift," properly "bit, piece, hunk; morsel of bread given to beggars" burglary : [dictionary dot com] Criminal law, The felony of breaking into and entering the house of another at night with the intent to steal. Extended by statute to cover the breaking into and entering of any of various building’s, by night or day. care : concern, anxiety; solicitude, noting some degree of pain in the mind, in apprehension of some kind of evil., [etymonline] Old English caru, cearu "sorrow, anxiety, grief," also "burdens of mind; serious mental attention," case law : In common law; case law is referred to in comparison only ie. [cf. case such and such] as it is another's interpretation or summary of what has previously occurred in an unrelated case which cannot be attested to as the truth. Case law is only used by Barristers and Lawyers who having no first hand knowledge of facts and evidence use it in support of motions for orders unlike a Judge or a man who can create orders. To rely on case law is prosecuting a case from the position of deficiency; where you have the ability as a man or woman to create an order; wether it be for the restoration of property or to have another man or woman summonsed to give an answer as to the claim you make against them. In a court of law a man can require a certain thing be done he does not have ask or make petitions. cause : That which produces or effects a result; that from which anything proceeds, and without which it would not exist, or that which produces an effect, result, or consequence. When referring to a cause in common law it is from the perspective of cause and effect as distinct from a cause as grounds for a legal action or lawsuit. certified : Endorsed as existing at a certain time and place on paper, where such an endorsement neither affirms nor bares witness to the legitimacy, veracity, or truth of what is contained thereon, by which only a man under oath or affirmation by way of utterance can attest to the truth of the document or what is written thereon, where such a document would become verified. cestui que vie : French "for he whom a benefit exists, or for he who lives" citizen : In legalese, citizens are defined as "persons" being "corporations" but also given as the member of a family. As a citizen we have a duty first to our families. From Latin; a person of a society or family, a title with duties, obligations and allegiances to a Country. The word for citizen in Latin as given by ultralingua is either urbanus the adjective, or privo the verb. In the first instance and closest definition for the purposes of common law urbanus means : of or belonging to the city or town, being the inhabitant of a city, a city man; being especially devoted to the city, and fond of city life and is taken from the prefix cit meaning "the inhabitant of a city" and one distinct from a country man or gentleman as being of the lower classes . This definition might seem at odds with others but might be explained by the use of latin slang by the bar society in the 1400’s where latin terms where bastardised and their meanings lost in translation. [comment] Karl lentz makes the point that the status of a Citizen can be availed of; for our benefit at any time but in the same breath says that should maintaining the status of a Citizen become an encumbrance; causing harm; as a matter of right the accompanying benefits can be refused taking instead the status of a man until such time being a Citizen would reflect a true allegiance to our Country of origin or the family to which we belong. chronology : The arrangement of events or dates in the order of their occurrence., A list which has a chronological arrangement. From the greek khrono “time.” church : [Genesis2 church] A group of people called out with a common purpose. [etymonline] Old English cirice, circe "church, public place of worship; Christians collectively," claim : claim (v.): From the 13th century to “call out” or “cry out: to ask or demand by right or authority”. Claim (n.): “a demand or Right: Right of Claiming” Making a statement or a Claim about a Wrongdoer about a Wrongful [in]action,. The Word Claim is from a Common Law origin, (not a counter claim, a legalese term that diminishes the word ‘claim’). A ‘Claim’ is more powerful than a ‘Complaint’ a claim is based on Property and a Wrong. Also a verifiable written statement issued by a man in vindication of his rights that states the wrongful acts and compensation due. claimant : One who is seeking the recovery of his property or compensation for a wrong. clergy : c. 1200, clergie “office or dignity of a clergyman” from the French words clergie’ and clergie “clerics learned men” or “learning, knowledge, erudition,” and Latin clericus Meaning “persons ordained for religious work” is from c. 1300 complaint : In respect to common law complaints relate to Acts of Parliament, codes, policies and statutes and not the affairs of man; but only those of Persons or Corporations. Complaints are generally not prosecuted under oath, where a man would be required to give evidence that he was harmed or trespassed against. Complaints do not carry the same weight as a claim, where a claim is with regard to a wrong or trespass committed against another man. Complaints are different from claims in that it is required a claim be under oath or affirmation because of facts that stand as the truth where a complaint only addresses a matter with respect to a written statute. If it can be shown as an adjunct to a complaint that a man has caused harm, injury, or loss to somebody else the matter has been verified as a criminal complaint in which case such a man is subject to the law. complete : late 14c., from Old French complet "full," or directly from Latin completus, past participle of complere "to fill up, complete the number of (a legion, etc.)," transferred to "to fill, to fulfill, to finish (a task)," from com-, here probably as an intensive prefix (see com-), + plere "to fill" (see pleio-). comprehend : Sense of perceiving how something works, to take together, to unite; include; seize. Understanding (but not necessarily to ‘Understand’) collusion : [etymonline] "a coming together to play" [law Tommlins 1838] COLLUSION is a deceitful agreement or contract between two or more persons, for the one to bring an action against the other, &c. to some evil purpose, as to defraud a third person of his right, &c. This collusion is either apparent, when it shows itself on the face of the act or, which is more common, it is secret, when done in the dark, or covered over with a show of honesty. And it is a thing the law abhors; therefore, when found, it makes void all things dependent upon the same, though otherwise in themselves good. Collusion also is a varied deceit wrought by means of an action or legal proceeding, in which parties, having apparently adverse interests, exclude or defraud some person by means of the judgement given in such suit. Bouviers gives fraud. An agreement between two or more persons, to defraud a person of his rights by the forms of law, or to obtain an object forbidden by law; as, for example, where the husband and wife collude to obtain a divorce for a cause not authorized by law. It is nearly synonymous with covin. common law : Ultimately Customs are the law of the land, Common Law being the unwritten law [Common : belonging to all] + Law; a proposition that expresses the regular order of things, or “something set in place” rare old English, or from German, “to set up or establish”. [Karl Lentz] Gives common law as a belief common to a people at particular moment in time. [comment] The definition for the law of physics "being that which is established or set in place"can be extended as an expression of the regular order of things, so in brief common law can be expressed as “that set in place as the unwritten regular order of things, or that perceived consciously by the body of the community as the correct conduct and behaviour of a man he being bound to do what is right by and before his fellow man” Tomlin’s 1835 [lexis communis] Is taken for the law of this kingdom (England) simply, without any other laws; as it was generally holden before any statute was enacted in parliament to alter the same; and the king’s courts of justice are called the Common Law Courts. The Common Law is grounded upon the general customs of the realm; and includes in it the law of nature, the law of God, and the principles and maxims of the law; it is founded upon reason; and is said to be the perfection of reason, acquired by long study, observation, and experience, and refined by learned men in all ages. And it is the common birth-right that the subject hath for the safeguard and defence, not only of his goods, lands, and revenues; but of his wife and children, body, fame, and life also. Co. Lit.97.142: Treatise of Laws, p. 2. Tomlin’s 1838 Gives COMMON LAW, is the term used for the law of this kingdom, simply without other laws, as it was generally administered before an known act of parliament made to alter or qualify it. According to Judge Hale, the common law of England is the common rule for administering justice within this kingdom, and asserts the king’s royal perogatives, and likewise the rights and liberties of the subject. It is generally that law by which the determinations in the king’s ordinary courts are guided; and this directs the course of descents of lands; the nature, extent, and qualification of estates, and therein the manner and ceremonies of conveying them from one to another; with the forms, solemnities, and obligation of contracts; the rules and directions for the exposition of deed: and acts of parliament; the process, proceedings, judgments, and executions of our courts of justice; also, the limits an bounds of courts and jurisdictions, the several kinds of temporal offences and punishments, and their application. complicit : [etymonline] 1650s, from French complicité, from Old French complice "accomplice, comrade, companion" (14c.), from Late Latin complicem, accusative of complex"partner, confederate," from Latin complicare "to fold together" (see complicate; also compare accomplice). complicity : [etymonline] (n.) 1650s, from French complicité, from Old French complice "accomplice, comrade, companion" (14c.), from Late Latin complicem, accusative of complex"partner, confederate," from Latin complicare "to fold together" (see complicate; also compare accomplice). [wordnik: wikitionary] The state of being complicit; involvement as a partner or accomplice, especially in a crime or other wrongdoing. comply : (v) Acting in accordance with, Based on old Vulgar (Common) Latin; to (Adj) “to complete” or “to fulfil”, 16th Century meaning “to consent”. Ultimately to fulfil or to complete the wishes, requests, demands, requirements, and conditions of who we have agreed to consent to. If one is asked to comply, the answer should be "I shall comply with your wishes but only after determining it is lawful for me to do so, but you do understand I will require fair and just compensation in return where I will tender a true bill on the completion of said orders." compromise : to abide by a mutual decision; Latin compromissus, past participle of compromittere "to make a mutual promise" (to abide by the arbiter's decision), from com "with, together" (see com-) + promittere (see promise). The main modern sense of "a coming to terms" is from extension to the settlement itself (late 15c.). concern : from Medieval Latin “worry” concurrent : etymonline gives concurrent as being from the (14c) Medieval Latin word concurrentia meaning “a running together” ie a concurrent claim where a party may prosecute a complaint but at the same time the other party can prosecute his own claim where both the claim and complaint come together at the same proceedings. contradistinction : Distinction by Contrast; the provision of one example against which another example maybe defined. example; We used hamburgers and soda in contradistinction to healthy food. constant : (adj.) late 14c., "steadfast, resolute," from Old French constant (14c.) or directly from Latin constantem (nominative constans) "standing firm, stable, steadfast, faithful," present participle of constare, from com "with, together" (see com-) + stare "to stand," from PIE root *sta¯- "to stand" (see stet). Of actions and conditions from 1650s. Related: Constantly. constructive : (in criminal law "Interpreted as") That which exists, not in fact, but as a result of the operation of law. That which takes on a character as a consequence of the way it is treated by a rule or policy of law, as opposed to its actual character. i.e. constructive knowledge is notice of a fact that a person is presumed by law to have, regardless of whether he or she actually does, since such knowledge is obtainable by the exercise of reasonable care. Another example is having possession of the key to a safe-deposit box which is classed as constructive possession of the contents of the box since the key gives its holder power and control over the contents. contend : Latin contendere gives "to stretch out, to strive after" and usually means to struggle in opposition or to strive in rivalry, compete, vie. To strive in debate; dispute earnestly: to contend against falsehood the verb meaning to assert or maintain earnestly. claim of conusance : Same as a claim of cognizance. Hist. An intervention seeking the return of a case to the claimant’s own court. Cognizance may be claimed by a person, city, or public corporation granted the right to hold court. Also termed claim of conusance. conjecture : noun; From late 14th century French, “Interpretation of signs and omens”, “surmise, guess”, or directly from Latin “conclusion, interpretation, guess, inference” convict : mid-14c., from Latin convictus, past participle of convincere “to ‘overcome’ in argument”. Transitive v. To find or prove (someone) guilty of an offence or crime, especially by the verdict of a court: i.e. The jury convicted the defendant of manslaughter. conviction : A belief for which you can be held liable where if what you believe is proven to be unlawful and you are a party to what your conviction is you can be found guilty., From mid-15c., “the proving of guilt,” from Late Latin convictionem (nominative convictio) “proof, refutation,” A firm belief something is true, a conviction. "proof, refutation," noun of action from past participle stem of convincere (see convince). Meaning "mental state of being convinced" is from 1690s; that of "firm belief, a belief held as proven" is from 1841. As far as "getting a conviction" in terms of statements to police; it is a belief recorded in some manner, or memorialised on paper that may implicate the person giving the statement of a crime or misdemeanor. They in essence have admitted guilt; so no further investigation into the matter is required. corporation : An artificial body, created by law, composed of individuals united under a common name, the members of which succeed each other, so that the body continues always the same, notwithstanding the change of the individuals who compose it, the limit of whose existence, powers and liabilities is fixed by the act of incorporation, usually called it “charter”. A public corporation generally exists for political purposes only. (Blacks Law Dictionary #1 1891) coram rege : Latin "In the presence of the King" with reference to the King's Bench custody : (n.) mid-15c., from Latin custodia “guarding, watching, keeping” .When In Custody there is nothing binding you from a legal or lawful perspective, however being arrested carry’s with it charges, to which being taken into custody is an element of an arrest. dead : Senseless, as in a fictional entity, a PERSON [comment] the word dead on some level could imply that at one time the object of the adjective was once alive but now is dead declare : from Latin declarare "make clear, reveal, disclose, announce,". As with the word 'state', or 'beleive' or 'say' only a man has the capacity to declare something Government agencies, or Corporations cannot where the employees of these institutions can only say they maintain a position. decree : In general, an order, edict or law made by a superior as a rule to govern inferiors. defeasance : to undo, to destroy. A rendering null and void., A condition on the performance of which a deed or other instrument is defeated or rendered void. A collateral deed or other writing embodying such a condition. deem : [etymonline] Old English deman "to judge, condemn, think, compute," from root of dom (see doom (n.)). Originally "to pronounce judgment" as well as "to form an opinion." The two judges of the Isle of Man were called deemsters in 17c., a title formerly common throughout England and Scotland and preserved in the surname Dempster. [comment] from this it can be seen as with a belief only man has the capacity to deem, therefore can be held liable for a judgement based on his opinions. Wiktionary gives in addition the verb as meaning To hold in belief or estimation; adjudge as a conclusion; regard as being; evaluate according to one's beliefs; account. deny : [Karl Lentz] Means not true, where if a Judge would say denied, you could respond; my honour if it is your wish to make an objective statement of fact I will require of you under oath to take the witness stand, as a third party impartial witness. [etymonline] early 14c., from Old French denoiir "deny, repudiate, withhold," from Latin denegare "to deny, reject, refuse" (source of Italian dinegarre, Spanish denegar), from de- "away" (see de-) + negare "refuse, say 'no,' " from Old Latin nec "not," from Italic base *nek- "not," from PIE root *ne- "no, not" (see un- (1)). Related: Denied; denying. derelict : 1640s, from Latin derelictus "solitary, deserted," past participle of dereliquere "to abandon, forsake, desert," from de- "entirely" + relinquere "leave behind, forsake, abandon, give up," from re- "back" (see re-) + linquere "to leave," from PIE root *leikw- "to leave." Originally especially of vessels abandoned at sea or stranded on shore. As a noun, from the 1660s. docile : [etymonline] late 15c., "easily taught," from Italian or French docile, from Latin docilis "easily taught," from docere "teach" (see doctor). Sense of "obedient, submissive" first recorded 1774. [Dictionary.com] 1. easily managed or handled, tractable: a docile horse. 2. readily trained or taught; teachable. doubt : an uncertainty which exists in relation to a fact. a proposition, or other thing; or it is an equipoise of the mind arising from an equality of contrary reasoning. Ayl. Pand. 121. 2. The embarrassing position of a judge is that of being in doubt, and it is frequently the lot of the wisest and most enlightened to be in this condition, those who have little or no experience usually find no difficulty in deciding the most, problematical questions. 3. Some rules, not always infallible, have been adopted in doubtful cases, in order to arrive at the truth. 1. In civil cases, the doubt ought to operate against him, who having it in his power to prove facts to remove the doubt, has neglected to do so. In cases of fraud when there is a doubt, the presumption of innocence (q. v.) ought to remove it. 2. In criminal cases, whenever a reasonable doubt exists as to the guilt of the accused that doubt ought to operate in his favor. In such cases, particularly, when the liberty, honor or life of an individual is at stake, the evidence to convict ought to be clear, and devoid of all reasonable doubt. See Best on Pres. §195; Wils. on Cir. Ev. 26; Theory of Presumptive Proof, 64; 33 How. St. Tr. 506; Burnett, Cr. Law of Scotl. 522; 1 Greenl. Ev. §1 D'Aguesseau, Oeuvres, vol. xiii. p. 242; Domat, liv. 3, tit. 6. 4. No judge is presumed to have any doubt on a question of law, and he cannot therefore refuse to give a judgment on that account. 9 M. (Untitled 199). 355; Merlin, Repert. h. t.; Ayliffe's Pand. b. 2, t. 17; Dig. lib. 34, t. 5; Code, lib. 6, t. 38. Indeed, in some countries; in China, for example, ignorance of the law in a judge is punishable with blows. Penal Laws of China, B. 2, s. 61. [Bouvier's] duly : Means satisfying the requirements of both the common law and statutory law. “Duly noted” could be taken as acknowledging law with regard to both sides of the court. dwell : [etymonline] Old English dwellan "to mislead, deceive," originally "to make a fool of, lead astray," from Proto-Germanic *dwelan "to go or lead astray" (source also of Old Norse dvöl "delay," dvali "sleep;" Middle Dutch dwellen "to stun, make giddy, perplex;" Old High German twellen "to hinder, delay;" Danish dvale "trance, stupor," dvaelbær "narcotic berry," source of Middle English dwale "nightshade"), from PIE *dhwel-, extended form of root *dheu- (1) "dust, cloud, vapor, smoke" (and related notions of "defective perception or wits"). Related to Old English gedweola "error, heresy, madness." Sense shifted in Middle English through "hinder, delay," to "linger" (c. 1200, as still in phrase to dwell upon), to "make a home" (mid-13c.). Related: Dwelled; dwelt; dwells. [comment] There does not seem to be a latin root for the word ‘dwell’, the word for the most part has its roots in Old English and it is only the Old High German twellen that was adopted in middle english that gives way to its modern usage in terms of ‘lingering’. [dictionary.com gives] to live or stay as a permanent resident; reside., To live or continue in a given condition or state., To linger over, emphasise, or ponder in thought, speech, or writing i.e. dwell on, or dwell upon. egregious : The earliest definition from etymonline gives 1530's, "distinguished, eminent, excellent" from Latin egregius "distinguished, excellent, extraordinary" and from the phrase ex grege "rising above the flock" from ex "out of" or beyond (see ex-) + grege, ablative of grex "herd, flock" (see gregarious). [comment] the early definition of the word egregious seems to be somewhat at odds with the modern usage that define egregious as absurd, appalling, arrant, bizarre, excessive, extravagant, flagrant, glaring, inordinate, intemperate, and Websters 1828 does go some way to making this distinction, but ultimately in general the word describes something that stands apart or beyond other things in both a positive and negative sense. [law] Egregious cases are cases involving flagrant violation of human rights. The following are examples of case law on egregious cases: In an egregious case the prosecution stubbornly refuses to file a motion despite overwhelming evidence that the accuser’s assistance has been as substantial as to cry out for meaningful relief. Such cases should be rare because there are significant institutional incentives for the prosecution to exercise sound judgement and to act in good faith. [United States v. Burkhalter, 1991 U.S. App. LEXIS 29282 (10th Cir. 1991)] An egregious case arises when the defendant clearly has provided substantial and valuable assistance, but the Government has arbitrarily and in bad faith refused to make a motion for departure. [United States v. Martinez, 1995 U.S. Dist. LEXIS 6033 (D. Cal. 1995)] endorsed : “Confirm or approve” originally by signing or “writing on the back” compare with notary. equipoise : an equal distribution of weight which may not be confined to a physical state but also metaphorical, and could be seen as what in the mind arises from an equality of contrary reasoning giving rise to doubt. evoke : “call out, call forth, rouse, summons”. Sense of “calling spirits”. Move from one tribunal to another, Compared with ‘invoke’ exemption : With regard to the monetary system is a type of Deed or Bond with our signature, representing value with respect to our efforts in generating income. expert : From early 15th century “person wise through experience”. expressly : ‘Expressed’ specifically in writing and not ‘implied’, as is the case with all lawful contracts. extort : [Commonlaw Mini-Dictionary] Communicating a threat (Terrorism). Bribery; practicing extortion., Extorted; practicing extortion. In terms of contract law you can not be forced under duress or extortion in to a contract. extortion : Wrench out, to obtain by force: See ‘bribe’ extrinsic : from Websters 1828 adjective [Latin extrinsecus.] External; outward; not contained in or belonging to a body. Mere matter cannot move without the impulse of an extrinsic agent. It is opposed to intrinsic. fact : Something that actually exists ; an aspect of reality. Facts include not just tangible things, actual occurrences, and relationships, but also states of mind such as intentions and opinions. fealty : Pledge of allegiance or Service, from one PERSON to another PERSON, common In Feudal times from a subordinate to his Lord after paying Homage the oath was usually sworn on a Bible to be faithful to his Lord, the lord In return granted a Fief (Fee) or some manner of support. federal : from the Hebrew which means to pledge i.e. where parties pledge to meet in a federal court. fee simple : The greatest possible estate in land, wherein the owner has the right to use it, exclusively possess it, commit waste upon it, dispose of it by deed or will, and take its fruits. A fee simple represents absolute ownership of land, and therefore the owner may do whatever he or she chooses with the land. If an owner of a fee simple dies intestate, the land will descend to the heirs. The term fee used independently is an adequate designation of this type of estate in land. The term simple is added to distinguish clearly this estate from other interests in real property. fraud : “Criminal deception” where the burden of proof is on the ‘accuser’ to prove the defendant believed, was aware of, and knew he did ‘wrong’. If you are the victim of fraud you have been "defrauded". for : means a benefit forthwith : From middle english; along with, at the same time. Modern meaning; Immediately, without delay. freehold : In England and Wales freehold is the ownership of real property or land, and all immovable structures attached to land. Immovable property includes land and all that naturally goes with it, such as building’s, trees, or underground resources, but not such things as vehicles or livestock. Strictly speaking, all land in England, Wales and Scotland belongs to the Crown. Freehold is ownership of an estate in land rather than the land itself. This distinction dates back to the Middle Ages and makes relatively little difference nowadays, so legal authorities often do not bother to distinguish between ownership of the land and ownership of an estate. frequentative : Denoting an aspect of verbs in some languages used to express repeated or habitual action. It is also denoted by a verb or affix having meaning that involves repeated or habitual action. good Samaritan : Someone who would assist another Man in the case where Self Help was necessary. If you are in a situation where you are able to assist your fellow Man in a time of need you can be held liable for the outcome of the circumstances due to inaction. This is described in law as failing to give aid and comfort to your fellow man. To which a prison sentence can be imposed. go between : Used in common law writing to indicate a 3rd party i.e. where a Prosecutor may be the 3rd party between yourself and “The State of NSW” etc. Synonyms for the term are; agent, appeaser, arbiter, arbitrator, conciliator, connecting link, connection, dealer, diplomat, inter agent, interceder, intermediary, intermediate, mediator, moderator, negotiator, peacemaker, referee, spokesperson, umpire, etc. government : the central organisation set up by man for his benefit being mandated to secure and protect his property including a set of aggregated rights as claimed which includes providing for in times of need all that a man requires as is necessary for life as the community believes is just and is accustomed to. guest : is an enemy, or stranger in old english, and in legalese a person who's presence is tacitly unwanted, or at enmity with the purposes of the bar association, or law society within a court proceeding.In courts if you are referred to as a guest, you are not in favour and are someone who’s behaviour may be approaching contempt, where you are considered someone hostile. guilt : In German the word schuld/guilt is the meaning for both debt, and guilt making the two words synonymous. Other synonyms are blame, liability, and trespasses. From this it can be seen the implication of the word guilt is that there is some obligation associated with it to which a person owes a debt. In modern courts plea’s in criminal procedures are asked of an accused habeas Corpus : The foundational point of the writ of Habeas Corpus is the right to question your accuser. harassment : from 1610s the act of laying waste to or causing devastation (obsolete); 1620s, to vex by repeated attacks harm : “Hurt, evil, grief, pain, insult”, a loss of blood, (v.) “to hurt” Compare with: ‘Harm’, ‘Injury’ and ‘Loss’ See ‘Wrong’. Only harm befalls a man where an injury relates to his person or property. hear : Anglo and West Saxon origin “to hear, to obey, listen (to). Follow; accede to, grant; judge” here : Old English her “in this place, where one puts himself” hearsay : (n.) From early to mid 15th century, from the phrase to “hear say” “yell out” See conjecture and speculation hereditament : (from Latin hereditare, to inherit, from heres, heir) is any kind of property that can be inherited. hold : [etymonline] c. 1100, "act of holding;" c. 1200, "grasp, grip," from Old English geheald (Anglian gehald) "keeping, custody, guard; watch, protector, guardian," [comment] where the unlawful or wrongful holding of property without the right to do so; can be compared with the legal term of art [NAKED POSSESSION] home : from French “Homme”, man, e.g. Banks often write: “Your home may be re-possessed if you don’t keep up with your payments” Translated as; Your ‘man’ may be re-possessed if You don’t pay, usually the next man to come along with our bailiff will make his claim on it (like a landlord, bank official, estate agent) horrible : [etymonline] c. 1300, "dreadful, terrible," from Old French horrible, orrible (12c.) "horrible, repugnant, terrifying," from Latin horribilis "terrible, fearful, dreadful" (source also of Spanish horrible, Portuguese horrivel, Italian orribile), from horrere "be terrified, bristle with fear, shudder" (see horror). Used as a mere intensifier from mid-15c. house : A place or building to which You can send business letters or invoices too, Also seen and expressed as “Elizabeth is from the House of Windsor” homestead : “home, town, village” “a lot of land adequate for maintenance of a family” homogenous : All of the same kind or of a similar nature. i.e. a close knit homogenous group, which may be an indigenous group of men and women etc. human : from Latin humus "of the earth"; the legalese term meaning “monster” Idiot : [etymonline] (12c.), from Latin idiota "ordinary person, layman; outsider," [common law, latin] A private person or common man not under a duty or obligation to a Society, an outsider acting on one’s own behalf. Greek; a layman, a person lacking Professional skills as opposed to a Writer, Soldier Skilled Workman, Attorney, or a Lawyer. Literally a private person as opposed to one taking part in public affairs, acting as one’s own. Idiots hold no obligation to a society because they have no knowledge of the inner workings of that society and because they hold no rank within that society. With regard to court proceedings an "idiot" is a man who's person is a layman or an outsider who has no understanding of, holds no rank with, and has given no undertaking to be bound by the rules and practices of the law society or bar association. As such a notice accompanying a claim should always be tendered establishing that the man making the claim is an idiot with regard to the rules and practices of the Law society and Bar association and has no obligation to be bound as such. in : You are subject to whoever is the owner of the thing, or who has control of the thing you are in i.e. car, boat, house, or In the Jurisdiction of a court etc. From the perspective of its expressed meaning the word ’in’ when used to show position can be used to express what could be considered a miracle i.e. I am ‘in’ your foot, implying I have been able to move inside your body; in truth a nonsense, but still instructive with regard to the way words can be manipulated. Using the word ‘in’ with regard to courts and paperwork is strongly dissuaded where you are not ‘in’ a court which cedes to whatever Jurisdiction the court operates in i.e. family law, civil law etc. but rather ‘at’ the Court House in the court initiated by you that carry’s your name. The only other time you could be considered ‘in’ something is with regard to a physical object or where you are ‘in’ a state of something or a state of being i.e. in agreement or in disagreement etc. indefeasible : to not be set aside or overcome, or to not be defeated; that cannot be made void; as an indefeasible estate or title. income : Is open to interpretation but generally that which comes in as payment from work or business, but can be seen as the sum of payments from varying sources of which a salary, allowance, or part payment could be considered a part thereof. From a business perspective it can be seen as gains and profits derived from some type of corporate activity. In each case however it is the sum of the receipts of anything incoming on a regular basis that has a monetary cash value and is distinct from compensation for an order in return for carrying out the wishes of another man. incompetency : evidence. The want of legal fitness, or ability in a witness to be heard as such on the trial of a cause. The objections to the competency (q. v.) of a witness are four-fold. The first ground is the want of understanding; a second is defect of religious principles; a third arises from the conviction of certain crimes, or infamy of character; the fourth is on account of interest. (q. v.) 1 Phil. Ev. 15. Etymonline gives the adjective in Latin competentem as a sense of "lacking in qualification or ability". With the noun from 1866 meaning "incompetent person". The word is juxtaposed against the word competent 14c "suitable" the earliest French giving "sufficient, appropriate, suitable", from Latin competentem (nominative competens), present participle of competere "coincide, agree" (see compete). Meaning "able, fit" is from 1640s. Legal sense is late 15c. Compete relates to the Latin competere as to "strive in common, to come together, agree, to be qualified" in the sense of striving toward the attainment of something. With regard to an incompetent witness not withstanding Bouviers one could characterise incompetency as one not possessing the maturity or level of for thought in order to move forwards or strain forth towards a goal or to be put at rivalry to someone much as would be the case with someone having considerable life experience. inculcate : etymologically from latin meaning to “force upon, insist; stamp in, impress, tread down”. The modern meaning “to teach or induce understanding or sentiments by repeated instruction” indigent : [etymonline] (adj.) c. 1400, from Old French indigent "poor, needy," from Latin indigentem "in want of, needing" (see indigence). As a noun, "poor person," from early 15c. [GNU Collaborative] Wanting; void; free; destitute; -- used with of. (adj.) Destitute of property or means of comfortable subsistence; needy; poor; in want; necessitous. incapacitation : (v.) “deprive of natural power” infirm : The state of being infirm; feebleness; an imperfection or weakness; esp., an unsound, unhealthy, or debilitated state; a disease; a malady. Infirmity; having a particular disease, sickness, lack of capability, or weakness, from Latin infirmitatem (nominative infirmitas) "want of strength, weakness, feebleness," also "the weaker sex" in law : In the state of law as opposed to ‘at law’ which is juxtaposed to it. When writing a letter we write the letter ‘in law’ as a man or woman and not ‘at law’. Attorney’s cannot write in law where they bare no liability for what it is they are writing having no knowledge of matters material as a first hand witness. When we write in law; it is our declaration of the law as we perceive and know as it pertains to us i.e. you stole my chickens so now I am due either the return of those chickens or require compensation. intend : [etymonline] c. 1300, entenden, "direct one's attention to, pay attention, give heed," from Old French entendre, intendre "to direct one's attention" (in Modern French principally "to hear"), from Latin intendere "turn one's attention, strain (in quest of something), be zealous," literally "stretch out, extend," from in-"toward" (see in- (2)) + tendere "to stretch" (see tenet). intercourse : From contractual meaning, to have business arrangements/dealings, Communication with, exchange commerce, running between, intervention, relations. interest : etymologically the noun interest is a legal claim or right; a concern; a benefit; advantage; or being concerned or affected (advantageously). interfere : [etymonline] formerly also enterfere, mid-15c., "to strike against," from Middle French enterferir "exchange blows, strike each other," from entre- "between" (see entre-) + ferir "to strike," from Latin ferire "to knock, strike," related to Latin forare "to bore, pierce" (see bore (v.), and compare punch (v.), which has both the senses "to hit" and "to make a hole in"). [wordnik] v. To be or create a hindrance or obstacle, To intervene or intrude in the affairs of others; meddle., To strike one hoof against the opposite hoof or leg while moving. Used of a horse. [comment] etymologically the meaning of the word interfere "the exchange of blows between men" was extended to the striking of the opposing hoofs of horses which then was further extended to the concept of the creation of an obstruction or a hindrance. Karl Lentz speaks of using the word when dealing with government departments and judicial officers when they by their actions or inactions obstruct lawful process in some active manner; interfering with the rights of man. issue : [etymonline] (v.) mid-14c., of water, etc., "to flow out;" of persons, "come or go (out of a place), sally forth," from issue (n.) or else from Old French issu, past participle of issir. Transitive sense of "to send out" is from mid-15c.; specific sense of "to send out authoritatively" is from c. 1600. Meaning "supply (someone with something)" is from 1925. Related: Issued; issuing. (n.) c. 1300, "an exit," from Old French issue "a way out, a going out, exit; final event," from fem. past participle of issir "to go out," from Latin exire "go out, go forth; become public; flow, gush, pour forth" (source also of Italian uscire, Catalan exir), from ex- "out" (see ex-) + ire "to go," from PIE root *ei- (1) "to go" (see ion). [comment] Anything that flows out of a government department has been issued such as parking tickets, fines, notices and the like. Any instrument issued without a wet ink signature by a machine that is unable to testify under oath as to a wrong or trespass has no force or effect as a matter of right in a common law court. ius commune : Latin; common law jury (n.) : [etymonline] early 14c. (attested from late 12c. in Anglo-Latin), from Anglo-French juree (late 13c.), from Medieval Latin iurata “an oath, an inquest,” fem. past participle of Latin iurare “to swear,” from ius (genitive iuris) “law” (see jurist). Meaning “body of persons chosen to award prizes at an exhibition” is from 1851. Grand jury attested from early 15c. in Anglo-French (le graund Jurre). law : opinion on fact, comes into being when it is ‘promulgated’” : made Public LAW : noun LORE : a body of traditions and knowledge on a subject or held by a particular group, typically passed from person to person by word of mouth. “the jinns of Arabian lore” synonyms: mythology, myths, legends, stories, traditions, folklore, fables, oral tradition, mythos “Arthurian lore” knowledge, learning, wisdom; informal know-how “baseball lore” land : Beyond the solid ground of the earth, land can be considered a nation, a country, or the people of a nation, district, or region where the land the king and the people are one. In law Banks cannot own land, they can only own the property that may be on land. larceny : "theft; wrongful or fraudulent taking of the personal goods of another with felonious intent," late 15c., from Anglo-French larcin (late 13c.), Old French larrecin, larcin "theft, robbery" (11c.), from Latin latrocinium "robbery, freebooting, highway-robbery, piracy," from latro "robber, bandit," also "hireling, mercenary," ultimately from a Greek source akin to latron "pay, hire, wages," from a suffixed form of PIE root *le- (1) "to get" (source also of Greek latreia "worship, service paid to the gods, hired labor," latron "pay, hire," latris "servant, worshipper"). let alone : Telegraphs or makes known that you do not wish to contract with the person or entity, as opposed to ‘leave me alone’ which leaves you still open to contract with the person and be bound by statute. liberty : From ‘liber’ meaning free, “free choice, freedom to do as one chooses” 14c. Absence of restriction (Permission or Licence), to exercise ones inherent Rights. licence : The spelling for the word licence is also given as license. The earliest French and Latin give from Old French licence "freedom, liberty, power, possibility; permission," (12c.), from Latin licentia "freedom, liberty; unrestrained liberty, wantonness, presumption," from licentem (nominative licens), present participle of licere "to be allowed, be lawful,”. It is the prerogative and right of any man to do as he wishes as long as he causes no harm, injury, or loss. A man generally has a licence, or the freedom based on knowledge, common sense and experience to carry on an activity determined as such to be lawful. Legally a licence is granted upon application, or registration under certain conditions and binds a person under those conditions unless he chooses to exercise his right as a man to carry on that activity as long as it is lawful. Governments are only able to licence an activity determined to be lawful and it is the right of any man as an act of will to operate under the terms of such a licence at his discretion. literal proof : civ. law. written evidence, as opposed to parol evidence or testimonial proof live : To be, to live, to have life; to experience, and to supply oneself with all that is necessary to remain alive i.e. food, shelter etc. When asked where it is that you ‘live’ your reply may be “I live as a man, my state of being ‘live’ is not confined to a building, place or moment in time”. The significance of the question in a court is that by conceding you live at a particular address you have excluded yourself as living beyond the bounds of these circumstances and by default give yourself over to the jurisdiction of the court as being a ‘person’ of diminished status. In expressing where it is you ‘live’ with respect to your home; you are domiciled at a location. loss : from “lost of destruction” You may wish to serve a bill for the loss, also competency (n.) in 1590’s “rivalry” 16th century “sufficiency to satisfy the wants of life” etymonline gives Old English los "ruin, destruction," from Proto-Germanic *lausa- (see lose), with an etymological sense of "dissolution." But this seems scarcely to have survived in Middle English, and the modern word, with a weaker sense, "failure to hold, keep, or preserve what was in one's possession; failure to gain or win," probably evolved 14c. from lost, the past participle of lose. man and [wo]man : ‘man’ is made in the image of God. Man as in man-kind (pleural), (pleural is not ‘men’). Man derives from the land and is one with land who is represented by the Queen/King. Man-made (or man-kinds ancestors) built the court house and created Legalese. You cannot define your creator hence man is not in legalese dictionary’s. This is why in administrative courts it is the wish of staff you Act as a defendant, which legalese defines and has Jurisdiction (:control) over, or at Court to “Appear in Person” and act as a man with Roles and Responsibilities within a Society (their ‘Law Society’ or for a trust commonly known as ‘CROWN’) If making evidence of yourself as a man in person such a person is not a legal person but rather a person as the member of a family or a group within the community. magistrate : late 14c., “civil officer in charge of administering laws,” from Old French magistrat, from Latin magistratus “a magistrate, public functionary,” originally “magisterial rank or office,” from magistrare “serve as a magistrate,” from magister “chief, director” (see master). Related: Magistracy. men : Not plural for man, believed to be of Jewish origin, a term used to identify a fellow Jew as in the title ‘Jewish’. Men are of a like minded group subject to the rules and regulations of the society they believe has a hold over them ie. those men were a public nuisance and charged with being drunk and disorderly. merchant : [Wiktionary.org] Prefix From Middle English mere-, from Old English mere-, from Proto-Germanic *mari-, from Proto-Germanic *mari (“sea”) mer- sea; marine; applied to beings that are partly sea-creatures: mercow, mermaid, merman, merswine, mersnake + Suffix chant Borrowed from Old French chanter, from Latin cantō, cantāre (“to sing”). A repetitive song, typically an incantation or part of a ritual. Etymologically the earliest relationship is found from [etymonline.com] c. 1200, from Anglo-French marchaunt "merchant, shopkeeper" and from Vulgar Latin *mercatantem (nominative *mercatans) "a buyer," present participle of *mercatare, frequentative of Latin mercari "to trade, traffic, deal in". [comment] Given according to the syllables prefix mer, + suffix -chant a merchant was an early sea trader with the "gift of the gab" who was able to mesmerise customers with a slick or repetitive presentation in order to sell products. merit : (n) “moral worth, that which assures divine pity, to earn, deserve, acquire, gain” (v) “to be entitled to” molest : [etymonline] late 14c., "to cause trouble, grief, or vexation," from Old French molester "to torment, trouble, bother" (12c.) and directly from Latin molestare "to disturb, trouble, annoy," from molestus "troublesome, annoying, unmanageable," perhaps related to moles "mass" (see mole (n.3)) on notion of either "burden" or "barrier." Meaning "sexually assault" first attested 1950. Related: Molested; molesting. [comment] The use of the expressed meaning of the word molest in the earliest latin being to disturb, to trouble, or to annoy is very simple however the context in which the word molest is used and the way it is delivered can change its meaning altogether i.e. sexual molestation, child molester etc. where what is implied can be different to what is expressed. money : A medium of exchange in which two people agree has value and worth; whether it be monetary cash in exchange for compensation, bags of wheat, sugar, building materials, livestock, or possibly a motor-car. Whatever can be exchanged for compensation as part of an agreement is money. motion : motions and notices to courts Motion (n.) 13th century from Latin “a moving, a motion; an emotion,” from past “to move” Motion (v.) late 15th century, “to request, petition”, motions are only for Administrative courts. At Queen’s Bench (Courts of Record) man makes Notices and Orders only. [comment] by making a motion to a court you are petitioning from a point of deficiency as an attorney, or somebody having no first hand knowledge of the relevant/[material] facts of the case. move : For the purpose of common law the late-14c definition gives “to prompt or impel to some type of action” Dictionary.com gives in regard to an action “to prompt, actuate, or impel to some action” must : v: Middle English moste (past tense), could, was obliged to (cf. pres moot, mot): Old English mo¯ste (pt—cf pres mo¯t): akin to OFris mo¯ta, OS and Go -mo¯tan, OHG muozan, MHG muëzen, G müssen, MD mueten, moten, (as in D) moeten, all pres inf, with slightly intervarying senses: perh akin to E mete, to measure; if that be so, the basic idea would be ‘to be allotted (a portion, a duty, etc.)’. Other definitions for the verb are to be able, to be obliged, to measure limit, to fix, to allot, to appoint. As the citizen of a nation or family we have duties, responsibilities, and allegiances but as a man nothing can be required of us unless by way of another man as an obligation for a debt or in restitution for a trespass or wrong. When told we ‘must’ do something it is an allotted or apportioned duty as a citizen where we can only be compelled to perform to the extent that we avail to ourselves of the title of a citizen, beyond this the conditions under which a man can be compelled to perform do not exist and where compelled by way of words or actions he would fear to disregard (a trespass), or under some form of contract or agreement a man is due fair and just compensation. When a person is allotted or appointed a portion or duty under obligation as a citizen, member of a family, or a subscribed member of a society. If a man has not bound his person under obligation to a society or belief and chooses not to exercise the benefits of citizenship nothing can compel performance from this man; where if ordered to do something he is due fair and just compensation. necessary : what is essential for life in meeting the needs of a man or woman and required for their existence. In common-law when asked if something is necessary it most definitely is. (n.) mid-14c., "needed, required, or useful things; the necessities of life; actions determined by right or law," perhaps from Old French necessaire (n.) "private parts, genitalia; lavatory," and directly from Latin necessarius (n.), in classical Latin "a relation, relative, kinsman; friend, client, patron;" see necessary(adj.). (adj.) late 14c. "needed, required, essential, indispensable," from Old French necessaire "necessary, urgent, compelling" (13c.), and directly from Latin necessarius "unavoidable, indispensable, necessary," from necesse "unavoidable, indispensable," originally "no backing away," from ne- "not" + cedere "to withdraw, go away, yield" (see cede). The root sense is of that from which there is no evasion, that which is inevitable. Necessary house "privy" is from c. 1600. Necessary evil is from 1540s (the original reference was to "woman"). necromancy : Communicating with the Dead (Dead as in ‘legal fiction’) as opposed to a living being. negligent : an adjective related to the word ‘neglect’ which etymologically means ‘to make light of, to disregard, to be indifferent to’. Wiktionary gives “Careless, without appropriate or sufficient attention”. nisi prius : A court not of record; that is generally an administrative court that keeps no memorial of proceeding’s, and does not have the right to fine or imprison for contempt. Bill Thornton explains a nisi prius court in terms of its latin translation where nisi = unless & prius = first, where in the simplest terms it means unless one first objects it is presumed you have agreed to proceed with the method of arbitration in its current form. nice : careless, clumsy; weak, a fool, senseless non assumpsit : [NA] being a plea by which the defendant avers he did not knowingly undertake or promise anything as alleged; or where signing a document NA you have made no undertaking to be bound by the terms and conditions of what is contained therein. notary : (n.) “shorthand writer, Clerk, Secretary” From 12th Century Latin, ”PERSON authorised to Attest contracts” from Notary (v.) French 15th century, that has the French Order the subject- adjective. Related words : Notarise, Notarial. Compare with endorsed notice : (v.) early 15th century, “to notify”, Sense of “to point out” is from the 1620’s. The meaning “to take notice of” is attested from 1757. notice of ‘recission’ : a removal of your signature off documents, or a contract.; A notice of recission is used as a last resort in restoring your condition to that prior to the agreement. novation : A modification to a contract, expressed or implied. Where during proceedings acting beyond, or expressing opinions beyond what is established in your court documents as part of your case opens the door to an implied contract which in turn leaves you at the discretion of a Magistrate or Judge. nugatory : of no value, or of no worth, trifling, futile. nuisance : c. 1400, "injury, hurt, harm," from Anglo-French nusaunce, Old French nuisance "harm, wrong, damage," from past participle stem of nuire "to harm," from Latin nocere "to hurt" (from PIE root *nek- (1) "death"). Sense has softened over time, to "anything obnoxious to a community" (bad smells, pests, eyesores), 1660s, then "source of annoyance, something personally disagreeable" (1831). Applied to persons from 1690s. occupier : As in a foreign invading force “to take possession of, hold, seize” a place, time, person or employ. From Occupy; around 15th century a common euphemism meaning “to have sexual intercourse with” of : literally "part of", originally from PIE "off, away", away from, away, down, or simply ‘within’. In terms of contract law "of" by what it implies can separate a corporate entity from a lawful entity set up for the benefit of the people. ie "New South Wales" a lawful state with a constitution on the eastern seaboard of Australia as opposed to "The State of New South Wales" a corporate entity. [Common Law mini-dictionary] off : (adj.) Away from or farther, in 1861 “not working” (v.) In 1930’s meaning “to kill”, In 1640’s “to defer”, In 1882 “To move off”. officer : Early 14th century “person who holds an office” with duties and responsibilities, on : If you are on something that does not belong to you, you are committing a trespass. i.e. you are stepping on someone’s foot one : [Commonlaw mini-dictionary] “Singular, unique, one”, Singular one; as in ‘i’ (not my ‘PERSON’ and ‘i’) original : In contracts, practice, and evidence it is an authentic and original instrument which is to serve as a model or example to be copied or imitated. It also means first, or not deriving any authority from any other source as, original jurisdiction, original writ, or an original bill, and the like. order : (n.) Originally “Row of threads in a loom” weaving a spell, then “Arrange, arrangement”, in the 11th century “position, estate; rule, regulation; religious Order”, in the 13th century “body of persons that live under a religious discipline”. (v.) “Give order to, or arrange in Order” i.e. i love doing and arranging my business, i accept all Verifiable Orders but once i have complied, be prepared for a Verifiable True Bill, outrage : An act of wanton cruelty or violence; any gross violation of law or decency. over : aside from its expressed meaning with regard to position, over from a common law perspective can be considered threatening, where you are standing ‘over’ someone in order to have some influence or control over them. parol evidence : [term of art] Parol refers to verbal expressions or words. Verbal evidence, such as the testimony of a witness at trial. In the context of contracts, deeds, wills, or other writings, parol evidence refers to extraneous evidence such as an oral agreement (a parol contract), or even a written agreement, that is not included in the relevant written document. The parol evidence rule is a principle that preserves the integrity of written documents or agreements by prohibiting the parties from attempting to alter the meaning of the written document through the use of prior and contemporaneous oral or written declarations that are not referenced in the document. pay : (v.) "Offering, pledge", Not necessarily pay all debt of, to make regular offerings of money (where money is a unit of exchange) personal Injury lawsuit : person : A person is a man who prescribes or ascribes to a society in which he according to his title or rank has certain duties and obligations; if he fails in those duties and obligations; that society may impose upon him fines, penalties, fee's and the like. [comment] A person is a man who binds himself as such into the 2nd dimension, or paper world through either an obligation under a contract, or tacitly by accepting titles such as defendant in courts of an inferior jurisdiction. A person is also a man holding public office and the position behind which he stands as a that ‘person’ which he perceives as protection against prosecution malicious or otherwise that may arise with respect to the duties he performs and the manner in which he performs them. A PERSON A Man considered according to the rank he holds in society, with all the rights to which the place he holds entitles him, and the duties which it imposes. 1Bouv. Inst.no. 137. A human being being considered as capable of having rights and of being charged with duties; while a "thing" is the object over which rights may be exercised. Persons are divided by law into natural and artificial. Natural persons are such as the God of nature formed us; artificial are such as are created and devised by human laws, for the purposes of society and government, which are called "corporations" or "bodies politic" 1 BL. Comm. 123. petition : In a legal proceeding a petition is a legal document formally requesting a court order. Petitions, along with complaints, are considered pleadings at the onset of a lawsuit. Petitions can be seen as a formal written request to a superior, and anciently were seen as the supplication of oneself to a high priest, deity or god for a pardon or favour. With regards to common law a man will require an order determined to be lawful; to be carried out by authority and by right; and is distinct from a petition made In a legal proceeding, or administrative hearing. If a person makes a petition he has by consent opened himself up to an imposed order encompassed by a system of English Common Law as distinct from issuing orders as part of prosecuting a claim as a man. plaint : Breaking of a public law, etymonline gives the origin as the ”expression of sorrow," c. 1200, from Old French plainte "lament, lamentation" (12c.), from Latin planctus "lamentation, wailing, beating of the breast," from past participle stem of plangere "to lament, to strike" (see plague (n.)). Connecting notion probably is beating one's breast in grief. plaintiff : Is formed from plaint + iff where iff as a suffix refers to an identification, friend or foe, and where plaintiff in a law context could be considered as a person being identified who makes a complaint as an expression or utterance of grief, sorrow or a lamentation for the purpose of seeking redress. Karl Lentz gives the word plaintif as being of French origin in reference to a nagging old woman. For the purpose of common law plaintiff is a term of art used by the legal society and should not be used in identifying oneself on the claims side of the court. If a judge or court clerk in error would change your status from a prosecutor to a plaintiff this could be regarded as a trespass and any such error should be required to be changed back to the form and nature of the original claim. point of law : also ‘Question of law’ In law, is a question that must be answered by applying relevant legal principles to interpretation of the law.[1] Such a question is distinct from a question of fact, which must be answered by reference to facts and evidence as well inferences arising from those facts. Answers to questions of law are generally expressed in terms of broad legal principles and can be applied to many situations rather than be dependent on particular circumstances or factual situations. An answer to a question of law as applied to the particular facts of a case is often referred to as a "conclusion of law." praemunire : Whenever it is said that a person by any act incurs a praemunire, it is meant to express that he thereby incurs the penalty “of being out of the King’s protection”; and his lands and tenements, goods and chattels, are forfeited to the king, and that his body shall remain in prison during the king’s pleasure. A praemunire has been little used in over 300 years and was usually associated with public officers transgressing the writ of Habeas Corpus. More information can be found in Tomlins “A Popular Law Dictionary 1838” presentment : The act of presenting to view or consciousness, something set forth presented or exhibited, the aspect in which something is presented. A presentment occurs when something is brought to your attention. For example, you are given a bill for services. Or, you are accused of causing harm. Or, you are notified of a situation. presumption : You are Making a guess; where in court; the expression of such a presumption assumes no liability. prevarication : (n.) The act of prevaricating, or lying, or making a false or deliberate misstatement; lie: [etymonline] late 14c., "divergence from a right course, transgression," from Old French prevaricacion "breaking of God's laws, disobedience (to the Faith)" (12c., Modern French prévarication) and directly from Latin praevaricationem (nominative praevaricatio) "duplicity, collusion, a stepping out of line (of duty or behavior)," noun of action from past participle stem of praevaricari "to make a sham accusation, deviate," literally "walk crookedly," in Church Latin, "to transgress," from prae "before" (see pre-) + varicare "to straddle," from varicus "straddling," from varus "bowlegged, knock-kneed" (see varus). Meaning "evasion, quibbling" is attested from 1650s. proper : c. 1300, "adapted to some purpose, fit, apt; commendable, excellent" (sometimes ironic), from Old French propre "own, particular; exact, neat, fitting, appropriate" (11c.), from Latin proprius "one's own, particular to itself," from pro privo "for the individual, in particular," from ablative of privus "one's own, individual" (see private (adj.)) + pro "for" (see pro-). Related: Properly. From early 14c. as "belonging or pertaining to oneself; individual; intrinsic;" from mid-14c. as "pertaining to a person or thing in particular, special, specific; distinctive, characteristic;" also "what is by the rules, correct, appropriate, acceptable." From early 15c. as "separate, distinct; itself." Meaning "socially appropriate, decent, respectable" is first recorded 1704. Proper name "name belonging to or relating to the person or thing in question," is from late 13c., a sense also preserved in astronomical proper motion (c. 1300). Proper noun is from c. 1500. property : Is from the word "proper" and from Latin proprius "One's own, particular to itself" Government's in common law countries generally define property as. It is important to study the following quote by John Locke as it relates closely to common law; "property is all that i claim is proper to my person; that i have exclusive rights to control and enjoy exclusive of all others in a Society." where the enjoyment of property is expressed also as that which makes a man whole; being not merely a temporal passing, but extending to the enjoyment of all the members of his family the presence of without which would cause him harm. property rights : the owner of property has exclusive rights of use and enjoyment. prosecute : [etymonline] early 15c., "follow up, pursue" (some course or action), from "Latin prosecutus, past participle of prosequi "follow after, accompany; chase, pursue; attack, assail, abuse," from pro- "forward" (see pro-) + sequi "follow". " (from PIE root *sekw- (1) "to follow"). Meaning "bring to a court of law" is first recorded 1570s. Meaning "go into detail" is from 1530s. prosecutor : In common law someone who pursues or goes after something [karl lentz]. praecipe [or precipe]: Latin; to command, simple; an order requesting a writ or another legal document., practice; The name of the written instructions given by an attorney or plaintiff to the clerk or prothonotary of a; court, whose duty it is to make out the writ, for the making of the same. Praecipe is Latin of which the english equivalent is precept though still a Latin word which is given in etymonline as “maxim, rule of conduct, order” qualified : where a judge is able to take on the liability, or is indemnified to hear certain matters. If a judge would claim he is not qualified to hear a case you would require he recuse himself in favour of continuing with the court in its present form without your consent; where because of the potential harm in doing so would amount to a trespass upon both you as man and your person. queens bench : comes into being by way of a claim from a man for harm, injury, or loss; or by invocation in terms of one’s inherent Jurisdiction as a man in a court of record at Common Law. The term Queens Bench also alludes to the history and definition behind the term where Tommlins dictionary gives a court of record as the King’s court, in right of his crown and dignity. [comment] Though Queen’s Bench can be invoked at trial, an arraignment, hearing etc, without a prior claim and supporting notices to the court; maintaining standing in common law and negotiating a criminal or civil complaint can be made far more difficult, however it must be noted that no jurisdiction or complaint as a part thereof takes precedence over Queen’s Bench/Common Law, where a lawful outcome will always nullify a legal or administrative complaint. It is said of common law before King’s Bench that there has never been a case in British History where the Crown has prevailed against the King. quotidian : adj. daily, ordinary; everyday, recurring daily: quotidian fever. n. something recurring daily. real property : Originally real property in common law was the term applied to any property that was the subject matter of a real action in the common law courts. That is to say once property such as a car is brought into the public it then becomes real property being diminished from personal property and is subject to the Jurisdiction of a court. recognise : [David Sydney] A back-formation of the word recognisance taken from the early 14c. reconisaunce meaning “A bond acknowledging some obligation binding one over to do some particular act”. Within the context of a court proceedings if you do not recognise another man it can be taken to mean as not acknowledging any bond or contract with the persons before the court making it impossible to continue with regards to any administrative proceedings unless by the prosecution of a verifiable claim where a man or woman would be required to appear to make such a claim under oath. record : evidence,. A written memorial made by a public officer authorised by law to perform that function, and intended to serve as evidence of something written, said or done. [Bouviers]. A lawfully recorded public record or deed shall serve as constructive notice on all parties. redress : [etymonline] (v.) mid-14c., "to correct, reform;" late 14c., "restore, put right" (a wrong, error, offense); "repair; relieve; improve; amend," from Old French redrecier "reform, restore, rebuild" (Modern French redresser), from re- "again" (see re-) + drecier "to straighten, arrange" (see dress (v.)). Formerly used in many more senses than currently. Related: Redressed; redressing. register : [Commonlaw Mini Dictionary] An act of registering is to give away ownership and rights of usage and enjoyment of said property to another recorded on a register or registry i.e. Registering a car with the driving vehicle licensing agency (DVLA), Where being subject to the will and terms of registration you give ownership of your property to, the CROWN. However though legal title is vested in the state only a man can claim ownership of property as a matter of right, and because Government Departments have no standing before Queen's Bench such claim cancels out or nullifies any legal title that transfers no right of ownership. religate : From 1590’s “bind together, fasten” represent : (v.) [etymonline] late 14c., "to bring to mind by description," also "to symbolize, serve as a sign or symbol of; serve as the type or embodiment of;" from Old French representer "present, show, portray" (12c.), from Latin repraesentare "make present, set in view, show, exhibit, display," from re-, intensive prefix (see re-), + praesentare "to present," literally "to place before" (see present (v.)). Legislative sense is attested from 1650s. Related: Represented; representing. [American Heritage] (v.) To indicate or communicate by signs or symbols: Letters of the alphabet represent sounds. require : In a court the word require is given as a direction in notice or answer to the court; where such a direction is not by request, petition or appeal but by authority and right. In contrast a petition or request can be denied whereas a thing required cannot. requisition : An act of formally requiring in writing or to call upon a man to perform a certain action, From 12th century Medieval Latin “a searching”. request : (v) From the noun request, or the 1530’s French “ask again, request, reclaim”. (n) From Latin “a thing asked for” not however by authority or right. resident : From a common law perspective one should always maintain standing as a man, never assuming the role of a resident. The use of the word in a legal sense is that of a foreigner, outsider, or someone who has no standing, and is also someone such as a doctor who remains in training while completing a residency, or someone who at the completion of business will go back to the country or state from which they came. see ‘occupier’. [Karl lentz] Resident comes from the word residue meaning to leave or remain behind, or is a place where something sits and can also relate to evidence of that which existed at one point in time. Generally the word used in prosecuting complaints relates to evidence that at one time a person/resident existed at a place who received a benefit though not expressed with regards to a contract. https://www.youtube.com/watch?v=UvFQfIlb6SQ&t respect : to look back upon [etymonline] (v.) 1540s, "to regard," from Middle French respecter "look back; respect; delay," from Latin respectere, frequentative of respicere (see respect (n.). Meaning "treat with deferential regard or esteem" is from 1550s. Sense of "refrain from injuring" is from 1620s. Meaning "have reference to" is from 1560s. Related: Respected; respecting. To respect the person was "show undue bias toward (or against) based on regard for the outward circumstances of a person;" hence respecter of persons, usually with negative, from Acts x:34, in the 1611 translation. (n.) late 14c., "relationship, relation; regard, consideration," from Old French respect and directly from Latin respectus "regard, a looking at," literally "act of looking back (or often) at one," noun use of past participle of respicere "look back at, regard, consider," from re- "back" (see re-) + specere "look at" (see scope (n.1)). Meanings "feeling of esteem excited by actions or attributes of someone or something; courteous or considerate treatment due to personal worth or power" are from 1580s, as is sense of "point, particular feature." restore & ‘restoration of property’ : restore from 13(c), “to give back,” also, “to build up again, repair, rebuild, renew, back again” from PIE “to stand, set down, make or be firm,” with derivatives meaning “place or thing that is standing” e.g. In Court a ‘Judge’ has the duty and responsibility to the ‘Mandated reporting’ of Crimes and must protect and return ‘Property’ to ‘man’. Hence the phrase: “i require immediate restoration of Property” etc. rights : Only a man has rights Government Departments only have "duties, obligations and responsibilities"; 'man' has Inherent Rights and privileges actions that mankind is entitled to by birth Right. Anything that Infringes on the Rights of a man Is known as a 'Trespass' list of Rights(not a complete list); Notes: From this it can be seen it is an act of trespass to not be recognised as a man i.e. any Judge or Magistrate who would refuse to recognise you as a man or woman is committing an active trespass, where to save face they be required to recuse themselves or face suit. For further reading see as a guide the ‘Universal Declaration of [Human] Rights’, (note: Human comes from the word humus of the earth but can also mean a monster in legalese however these “Rights” have ancient origins before the ‘Legal Society’ Altered them) rob : From the late 12c., from old French rober “rob, steal, pillage, ransack, rape”. dictionary.com gives to take something from (someone) by unlawful force or threat of violence; steal from., to deprive (someone) of some right or something legally due i.e. they robbed her of her inheritance. To plunder or rifle (a house, shop, etc.) robbery : In a court case a robbery is the act of stealing the property of another, where the person making the accusation is able to identify the man/woman or person who carried away their personal property. say : Old English secgan "to utter, inform, speak, tell, relate,". Only a man can say something, Government institutions cannot. see : Literally “to Understand” See (v), Old English “to see, look, behold; observe, perceive, understand; experience, visit, inspect” seize : the lawful or legal taking of property through some process as opposed to robbery, theft, or walking away with someone's property without right. self help : Where you act to secure or protect your property which could involve the breach of private property without a Bond or Warrant etc. Somebody who may assist you with regard to self help is called a Good Samaritan. shall : refers to something owed such as a debt or an obligation that is due or will occur without specificity at some point in the future. Many statutes use the word shall without distinction because it is beyond the lawful charter of government without just compensation to control what it is a man can and cannot do. signature : Sign; "pledge, bind" . In classical Latin "the matrix of a seal," from signatus, past participle of signare "to mark with a stamp, sign" [etymonline] solicitor : [common law mini dictionary] as in soliciting "Prostitute, selling one's body or service". sovereign : From Latin super "over"; Spelling influenced by folk-etymology associated with the word reign. (n) One who is not bound by law. After the time of Magna Carta sovereignty resided with the people whereby a King or Queen receives sovereign power from the people at the time of coronation; and from this time forward the allegiance of the King or Queen is to the sovereign wishes of the people; and is the reason the Prime Minister is not mentioned in the Australian Constitution where he is bound to carry out the direction of the Ruling Monarch who's representative in Australia is the Governor-General. speculation : [common law mini dictionary] (n) Disparaging sense "mere conjecture" See 'hearsay' and 'conjecture'. state : (n) A congregation of people who for mutual benefit agree to come together on a particular land mass and decide to live under a certain set of rules and codes that bind each other to protect the interest and property of each other, from hostile invaders or enemy’s within. (v) 1590s, "to set in a position,"; the sense of "declare in words" is first attested 1640s, from the notion of "placing" something on the record. Only a man can state something is true Government Departments can only maintain a position. statement : [common law mini dictionary] Commercially "document stating/displaying debits and credits". steal : according to etymonline the word steal is the act, or a case of theft. See theft stewardship : The word refers to the office of a Steward from Webster's 1828. However Etymonline expands this definition and gives "position or responsibilities of a steward," mid-15c., from steward (n.) + -ship. Specific ecclesiastical sense of "responsible use of resources in the service of God" is from 1899. submit : [common law mini dictionary] (v) 14th century "to place (oneself) under the control of another, to yeild oneself," and Sense of Begging. suffer : To permit or to allow, To Consent. Having the ability to resist, but rather choosing to not resist with regard to how you where or are being treated. A Judge may ask, did you suffer as a result of what the officer did to you, where you would reply “I did not suffer but was caused HARM by an act of TRESPASS by the man on duty as a police officer” or “The officer came UPON my person with a stick, and by way of a TRESPASS caused me HARM”. surrender : (n.) early 15c., in law, "a giving up" (of an estate, land grant, interest in property, etc.), from Anglo-French surrendre, Old French surrendre noun use of infinitive, "give up, deliver over" (v.) mid-15c., "to give (something) up," from Old French surrendre "give up, deliver over" (13c.), from sur- "over" (see sur- (1)) + rendre "give back" (see render (v.)). Reflexive sense of "to give oneself up" (especially as a prisoner) is from 1580s. Related: Surrendered; surrendering. surmise : To suspect, imagine or to reach conclusions that on face value may have no basis in fact yet at the outset may in fact be true but could still be false. swear : From old English means to "take an oath" .The 2nd meaning and background of the word in answer means "the use of bad language" (early 15 c) developed from the notion of "invoke sacred names" sworn : To swear on the Holy Bible (or other book the man/woman believes in) to take an oath or tell the truth. Linked to bad language and hence some for religious reasons prefer to affirm as in the Bible Mathew “his followers do not swear” terrorism : Interfering with the proper function of Government or self governance, and can be seen with respect to a persons right to self govern i.e. a persons right to go from point A to Point B unimpeded theft : Where theft is to take without permission. Dictionary.com gives theft as the act of stealing; the wrongful taking and carrying away of the personal goods or property of another; larceny. In a court to use the word theft or any verb or adjective or derivative thereof claims that you only know that your property was taken away but not who committed the act. Using the word Robbery means you are able to Identify the man woman or person who did steal your property. they : is a pro noun that defines a person or a thing and can never be used as an adjective. thieve : Old English eofian “to thieve, steal” thing : When there are 2 or more words involved with the description of a thing, the last word is the “thing” and the words that precede it are the modifiers i.e. a “Jury Trial” is a Trial modified by a Jury. When talking about a “Trial by Jury” is a Jury event modified by a Trial. to see : what is understood by the men and women of the legal profession as 'to understand' ie. A judge says to a Barrister do you see this piece of paper and the Barrister replies no I do not, meaning he has no understanding of what is written upon it. Understanding of this can be further expanded upon in circumstances where a man is referenced on the piece of paper and because a Lawyer would become liable by recognising a claim from a man he has no way of addressing it, he is only capable of dealing with fictions, persons and title's where he bare's no liability. tool : (v.) Probably from tool (n.) “to manage skillfully” EXAMPLE “I may use my ‘son’ as a ’Tool’ to do my work” [comment] It would seem a tool in this context is used to convey the idea that when one manages another person to one’s own advantage or in the pursuit of some outcome they can be considered a tool. [etymonline] (n.) Old English tol "instrument, implement used by a craftsman or laborer, weapon," from Proto-Germanic *to(w)lam "implement" (source also of Old Norse tol), from a verb stem represented by Old English tawian "prepare" (see taw). The ending is the instrumental suffix -el (1). Figurative sense of "person used by another for his own ends" is recorded from 1660s. Slang meaning "penis" first recorded 1550s. trespass : (n.) “A Transgression” (v.) transgress in some active manner, commit an aggressive offence, to sin, to infringe, enter unlawfully, usually upon Land, on a body (assault/battery) or upon a man’s rights. Tresspassory Taking: is effectively a theft, or taking of a item (including photos) without the owners permission. trial by jury : A Jury determines Facts and Law. the Law is also on trial; does the law apply?, Jury nullification; if the jury finds a man not guilty even though they believe he is guilty of the charges. Jury trial : determines the facts only true : Sense of "consistent with fact" first recorded c. 1200; that of "real, genuine, not counterfeit" . [Karl Lentz]. Only the Sovereign knows what is true, or only God knows what is true. ubiquitous : Existing or being everywhere, especially at the same time; omnipresent. upon : By exercising the will and placing yourself “up on” the object/person in question, where it is considered a form of attack under : aside from its expressed meaning in terms of position, if you are under someone it eludes to being ‘under’ their control where they could be causing you a harm, or a trespass value : [etymonline (n.)] c. 1300, "price equal to the intrinsic worth of a thing;" late 14c., "degree to which something is useful or estimable," from Old French value "worth, price, moral worth; standing, reputation" (13c.), noun use of fem. past participle of valoir "be worth," from Latin valere "be strong, be well; be of value, be worth" (see valiant). The meaning "social principle" is attested from 1918, supposedly borrowed from the language of painting. Value judgment (1889) is a loan-translation of German Werturteil. verify : [Lat, viva voce : by voice] To attest to orally in open court. vested Interest : Something of value placed into something. Where the state may claim a vested interest in children, they could be asked to produce a bill of particulars that would prove what it exactly is they have invested into that child. vex : early 15c., from Old French vexer "vex, harass" (14c.), from Latin vexare "to shake, jolt, toss violently;" figuratively "attack, harass, trouble, annoy," from vexus, collateral form of vectus, past participle of vehere "to draw, carry" (see vehicle). Related: Vexed; vexing. violate : To treat with violence, violate, injure, dishonour. The first Latin syllable ‘vi’ means power, or force. violation : [Karl Lentz] put something into something, sometimes used in a sense of buggary, i.e. In legal sense to violate a Legal Statute, i believe that translates “to take the ‘LEGAL STATUTE’ from behind” which makes no sense (or a nonsense). [bouviers] An act done unlawfully and with force. In the English stat. of 25 E. III., st. 5, c. 2, it is declared to be high treason in any person who shall violate the king's companion; and it is equally high treason in her to suffer willingly such violation. This word has been construed under this statute to mean carnal knowledge. 3 Inst. 9; Bac. Ab, Treason, E. void judgement : A void judgement is recognised as being without subject matter jurisdiction or jurisdiction over the parties or where no testimony has been given by a competent or 3rd party impartial witness and as such is declared void. It is on its face a judgement that never existed, that is it once was but now does not exist and is void. Once a case has been declared void all previous judgements the basis of which was formed using the same president would also by the operation of law become void. warrant in debt : is a legal document advising that someone called the Plaintiff is suing you in court for a debt. whole : Old English hal "entire, whole; unhurt, uninjured, safe; healthy, sound; genuine, straightforward," from Proto-Germanic *haila- "undamaged" (source also of Old Saxon hel, Old Norse heill, Old Frisian hal, Middle Dutch hiel, Dutch heel, Old High German, German heil "salvation, welfare"), from PIE *kailo- "whole, uninjured, of good omen" (source also of Old Church Slavonic celu "whole, complete;" see health). whole and complete : Where describing a statement that needs nothing else in support to quantify what is meant to be understood by it both in general terms, or as the truth. wish : [Commonlaw Mini-Dictionary] Old English “to wish, to strive after, to cherish a desire”. Only a [wo]man can wish, a (two dimensional) Legal fiction/ PERSON can not wish, You can draw a liable ‘man’ from an OFFICER or PERSON (hiding behind a mask) by requiring satisfaction to the question: “is that Your wish, is that your Order?” [etymonline] (n). early 14c., "act of wishing," also "what one wishes for," from wish (v.). Cognate with Old Norse osk, Middle Dutch wonsc, Dutch wens, Old High German wunsc, German Wunsch "a wish." Wish fulfillment (1901) translates German wunscherfüllung (Freud, "Die Traumdeutung," 1900). (v.) Old English wyscan "to wish, cherish a desire," from Proto-Germanic *wunsk- (source also of Old Norse œskja, Danish ønske, Swedish önska, Middle Dutch wonscen, Dutch wensen, Old High German wunsken, German wunschen "to wish"), from PIE *wen- (1) "to strive after, wish, desire" (see Venus). Related: Wished; wishing. Wishing well as an enchanted water hole attested by 1819. witness : Accept the title “witness” is to give sworn testimony in court, where the best witness is a third party independent witness. writ : [Tomlins Law Dictionary 1838. page 813] Breve, from Sax. writan, i. e. scribere.] In general is the king’s precept, in writing under seal, issuing out of some court to the sheriff or other person, and commanding something to be done touching a suit or action, or giving commission to have it done. Terms de la Ley; 1 Inst. 73. Also a writ is said to be a formal letter of the king’s, in parchment, sealed with a seal, directed to some judge, officer, or minister, &c. at the suit or plaint of a subject, requiring to have a thing done for the cause briefly expressed, which is to be discussed in the proper court, according to law. Old Nat. Br. 4; Shep. Abr. 245. Of writs there are divers kinds; in many respects some writs are grounded on rights of action, and some in nature of commissions; some mandatory and extrajudicial, and others remedial; some are patent or open; some close or sealed up; some writs issue at the suit of parties; some are of office; some ordinary; and others of privilege; some writs are directed to the sheriffs, and in special cases to the party, &c. 1 Inst. 289; 2 Inst. 39; 7 Rep. 20. wrong (n) : wrong must be distinguished from what is illegal; where if somebody has done 'wrong' it is the action or inaction of a man that with deliberate and wanton intent commits a trespass by causing harm, injury or loss to another man. “that which is improper or unjust,” late old english, from ‘wrong’ (adj.). Meaning “an unjust action” is recorded from the 12th century, wrong (v) “to do wrong to,” early 14th century, from ‘wrong’ (adj) Related: wrongdoer, wronged; wronging, also see ‘harm’, ‘injury’ or ‘loss’, [Websters 1828] WRONG, adjective Literally wrung, twisted or turned from a straight line or even surface. Hence, 1. Not physically right; not fit or suitable; as the wrong side of a garment. You hold the book the wrong end uppermost. There may be something wrong in the construction of a watch or an edifice. 2. Not morally right; that deviates from the line of rectitude prescribed by God; not just or equitable; not right or proper; not legal; erroneous; as a wrong practice; wrong ideas; a wrong course of life; wrong measures; wrong inclinations and desires; a wrongapplication of talents; wrong judgment. Habakkuk 1:4. 3. Erroneous; not according to truth; as a wrong statement. WRONG, noun Whatever deviates from moral rectitude; any injury done to another; a trespass; a violation of right. Wrongs are private or public. Private wrongs are civil injuries, immediately affecting individuals; public wrongs are crimes and misdemeanors which affect the community. Sarai said to Abraham, my wrong be on thee. Genesis 16:5. Friend, I do thee no wrong Matthew 20:13. The obligation to redress a wrong is at least as binding as that of paying a debt. WRONG, adverb Not rightly; amiss; morally ill; erroneously. Ten censure wrong for one that writes amiss. WRONG, verb transitive 1. To injure; to treat with injustice; to deprive of some right, or to withhold some act of justice from. We wrong a man, when we defraud him, and when we trespass on his property. We wrong a man, when we neglect to pay him his due. Phile 18. 2. To do injustice to by imputation; to impute evil unjustly. If you suppose me capable of a base act, you wrong me. you : singular; refers to you the man, or plural to both you the man, and you the person and it is often used by Judges to gain Jurisdiction over person’s with regard to Statutes, acts and codes,