CGI's OldBuck: Your NAME in Capitol Letters Make you a Legal Fiction - Lies Exposed
Date: Thursday, 27-Dec-2012 15:03:32
I will give the answer right up front there is no written rule that I can find that says your name in all capital letters makes you a corporate entity or a legal fiction however the courts will ignore any punctuation that violations the constitution. The courts and the congress use Terms of art when writing and ruling on statutes, when it suits them. Having said that, a criminal jury must weigh the evidence using a reasonable doubt standard and a civil jury bases it findings on a perponance of the evidence. My research leave me with no doubt plus I find a preponderance of the evidence proves your name in all capital letters makes you a Legal Fiction. This happen sometime between the years 1215 and the early 1600’s. It’s possible that a search of Vatican or England’s archives may produce a document clearly outlining this change. Below is what I found and were I found it.
There are no rules in English grammar to which you would spell a name in all upper-case letters. Proper names are always capitalized, i.e. Old Buck, John Doe, Jane Roe, and they are not spelled in all upper-case, i.e. OLD BUCK JOHN DOE JANE DOE. Are "legal fictions" as opposed to "lawful names". Thus we can assume that this practice was done with the intent in mind of undertaking some sort of fraud.
As to the question of whether or not this makes you a corporation; it does not make "you" a "corporation" since "you" are a flesh and blood natural person. Corporations exist only as "legal fictions". However, if you step forward and speak for the legal fiction, ALL CAP, corporation, you assume its place. This has nothing to do with having a business or company "incorporated". To give you an example of whether or not it makes you a corporation, I will cite Texas Rules of Civil Procedure (TRCP) 52: allegations that a corporation is incorporated is taken as truth, unless denied by affidavit of the adverse party, whether public or private, or HOWEVER CREATED (emphasis added). NOTE: HOWEVER CREATED. You will find a similar rule for every STATE. Legal fictions, i.e. THE STATE OF TEXAS,THE STATE OF TEXAS JUDICARY COURTS, THE UNITED STATES, et al, can only deal with legal fictions and civil courts only deal in commerce. Just go to a lawyer/attorney with a suit and tell them to spell all names correctly and see how that works out for you. You must also understand that the courts and It’s lawyers operate in "term of art", which is the use of words that have a particular definition or meaning within a group or organization. So you cannot take every word at its commonly believed definition. Thus the reason and need for Law Dictionaries.
This use of special definitions and esoteric Latin and Greek language and phrases is only meant to confuse the average person and so the person, thoroughly confused, seeks "professional"(read: instrument of the court and BAR known as an attorney) help.
There are many very well researched papers on this subject. I would suggest that you do not take any one answer on this subject at face value. Find ones that give reference and then follow-up on those references(and from more than one source). This is a matter that one should come to the real answer on for ones self. In this fashion, you will learn who "you" are, and you will probably be surprised by what else turn up.
Most everyone who makes this claim such as Jordon Maxwell relies upon the term CAPITIS DIMINUTIO
What is Capitis Diminutio
In Roman law. A diminishing or abridgment of personality. a loss or curtailment of a man’s status or aggregate of legal attributes and qualifications, following upon certain changes in his civil condition. It was of three kinds, enumerated as follows:
Capitis diminutio maxima. The highest or most comprehensive loss of status. This occurred when a man’s condition was changed from one of freedom to one of bondage, when he became a slave. It swept away with it all rights of citizenship and all family rights.
Capitis diminutio media. A lesser or medium loss of status. This occurred where a man lost his rights of citizenship, but without losing his liberty. It carried away also the family rights.
Capitis diminutio minima. The lowest or least comprehensive degree of loss of status. This occurred where a man’s family relations alone were changed. It happened upon the arrogation of a person who had been his own master, (sui juris,) or upon the emancipation of one who had been under the patria potcstas. It left the rights of liberty and citizenship unaltered. See Inst. 1, 1G, pr.; 1, 2, 3; Dig. 4, 5, 11; Mackeld. Rom. Law
http://thelawdictionary.org/capitis-diminutio/ also see Blacks
Law Dictionary – Revised 4th Edition 1968 http://definitions.uslegal.com/c/capitis-diminutio/
CATHOLIC ENCYCLOPEDIA: Roman Law
Loss of status (capitis diminutio, media or maxima), involving loss of liberty or citizenship, destroyed the paternal power. Emancipation and adoption had a ...
For purposes of understanding one's legal or commercial status under an Admiralty system (a law system used in England, Canada and much of the US), it is necessary to examine the curious use of all CAPS –being used in both legal and domestic situtitions of life, such as, income tax forms, credit cards & statements, loans, mortgages, speeding & parking tickets, car documents, road tax, court summons etc. While seemingly a trite concern, there has to be a reason for this;
a well know Attorney claims to have done research into this all cap theory and debunks it
( could be just protecting himself and his Legal brothers) however he does give some information that is quite interesting he says that case law and court records show this to be found in court records from as early as 1620 he state further that is was used for emphasis.
“ A student of the law may visit a typical law library and possibly find one of the the oldest sets of books common in such libraries: Howell's State Trials, which is an 18th century publication that reprinted historic, old English cases regarding a wide variety of topics. Review of this page of Howell's State Trials shows that even in 1629, the names of cases (their "styles") were capitalized.”
He futher says “As seen above, court cases were printed for more than a hundred years before the 1780s with capitalized styles. “ “it is obvious that for hundreds of years, styles of cases and other legal materials were frequently capitalized for purposes of emphasis. The custom of capitalized styles of cases continues even today.”
That is the end of the story for him. [But not for me I seek truth at all times] note my brackets
Gage Canadian Dictionary 1983 Sec. 4 defines Capitalize adj. as "To take advantage of - To use to ones own advantage."
Diminutio. Lat. In civil law. Diminution; a taking away; loss or deprivation.
Capite. - Lat. By the head.
One could assume from Gages and Black's Law Dictionary explanations, that full capitalization of the letters of one's natural name, results in a diminishing or complete loss of legal or citizenship status, wherein one actually becomes a legal fiction or an item of inventory, Or that the method, by which the State causes a natural person to "volunteer" himself into slavery, is through forming legal joinder, implied or stated, with the entity or legal fiction (name all CAPS). Of course, most natural persons wouldn't willingly form such an unlawful but legally reductionist joinder, so trickery and obfuscation would have to be used.
So what does congress and the courts rely upon when writing the law and reading the Law could it be the U.S. Government Printing Office Style Manual. Maybe we can find the answer there.
By act of Congress the Public Printer of the U.S. Government Printing Office is authorized to determine the form and style of Government printing. The Style Manual is the product of many years of public printing experience, and its rules are based on principles of good usage and custom in the printing trade. Essentially, the Style Manual is a standardization device designed to achieve uniform word and type treatment, and aiming for economy of word use. The Style Manual has served Federal printers since 1894, and with each new edition, the traditions of printing and graphic arts are carried forward into new technologies.
Nope, no luck there makes no mention of capitalization uses so I tried a search of the whole Gov. website here :
still nothing, so I go back to goggles and changed my search to “ Rules for construction of statutes ” as The United States Statutes at Large are commonly referred to as the Statutes at Large and abbreviated Stat.,they are the official source for the laws and concurrent resolutions passed by the United States Congress. They are also are commonly called session laws since they are compiled from slip laws (public laws and private laws, abbreviated Pub.L. and Pvt.L.) at the end of a Congressional session. They are part of a three-part model for publication of federal statutes consisting of slip laws, session laws, and codification.
I found Congressional Research report 97-589 cited as ” CRS Report for congress Statutory Interpretation: “ while this report did not directly address the all caps issue it did send a clue as to what is going on stating: “ The normal Rule of statutory construction is that when congress employs legal terms art, it normally adopts the meaning of those terms.” (Any student of the law or constitution needs to read the full report fascinating read) the above quote from the CRS lead me to ponder if congress normally adopts the meaning of the terms of art used surly the court does the same when using proper English punctuations and meaning . The report does say they will ignore punctuations when it causes the statue to violate the constitution. Therein may lie the answer to the all caps of your name in a court. The court just ignore it because it violations the constitution.
I did another search on goggle this time I searched the rule of criminal and civil procedure to find the rules on the title caption of cases. As I notice in the above report all the cited cases only had the first letter of the parties name capitalized.
I then did a search for the magna carta the first bill of rights and where English law and us law originates from: A document signed by an the English King in 1215! The Magna Carta is considered the founding document of English liberties and hence American liberties. The influence of Magna Carta can be seen in the United States Constitution and the Bill of Rights. http://www.middle-ages.org.uk/magna-carta.htm (note I used a uk website) seem the magna carta only used capitol letter to emphasis the first letter of names and places not even titles such as barons or earls are capitalized.
Heres the Preamble:” John, by the grace of God, king of England, lord of Ireland, duke of Normandy and Aquitaine, and count of Anjou, to the archbishop, bishops, abbots, earls, barons, justiciaries, foresters, sheriffs, stewards, servants, and to all his bailiffs and liege subjects, greetings. Know that, having regard to God and for the salvation of our soul, and those of all our ancestors and heirs, and unto the honor of God and the advancement of his holy Church and for the rectifying of our realm, we have granted as underwritten by advice of our venerable fathers, Stephen, archbishop of Canterbury, primate of all England and cardinal of the holy Roman Church, Henry, archbishop of Dublin, William of London, Peter of Winchester, Jocelyn of Bath and Glastonbury, Hugh of Lincoln, Walter of Worcester, William of Coventry, Benedict of Rochester, bishops; of Master Pandulf, subdeacon and member of the household of our lord the Pope, of brother Aymeric (master of the Knights of the Temple in England), and of the illustrious men William Marshal, earl of Pembroke, William, earl of Salisbury, William, earl of Warenne, William, earl of Arundel, Alan of Galloway (constable of Scotland), Waren Fitz Gerold, Peter Fitz Herbert, Hubert De Burgh (seneschal of Poitou), Hugh de Neville, Matthew Fitz Herbert, Thomas Basset, Alan Basset, Philip d'Aubigny, Robert of Roppesley, John Marshal, John Fitz Hugh, and others, our liegemen.”
So bottom line is sometime between 1215 and as late as the early 1600 the courts and the Bar attorneys pulled a fast one on the people and made them Legal fictions.
Found at: http://www.rumormillnews.com/cgi-bin/forum.cgi?noframes;read=264592
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