In a code/statutory/legalese court, paper forms the record. In a common law court, the record is formed viva voce. Memorialization still requires verification else it is just ink on paper.
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This is accomplished through notarization (with Commission Certificate). The notary verifies that there is a human signor.
P.S. We often verify a man or woman signor with a red thumbprint too.
Attachment 1636
U.S. Tax Court is probably moreso akin to the ancient Court of the Exchequer rather than otherwise. Shall we bring rope and gallows to a game of Monopoly? Or perhaps a Catherine Wheel?
A 'Notary' does not attest to the facts/claims written on the paper. I can claim to be 'Donald Duck' and have it 'notarized' - big deal.
Without first-hand testimony verification that what is written on paper is true, paper has no power in a common law court of record.
I feel like you are changing the subject. You cannot claim to be Donald Duck and have it notarized. I was talking about a notary attesting to a human man or woman signing in front of him or herself in the official capacity of a notary.
To avoid arguing about your definition of common law, I like Black's Fifth. Here in Colorado we have such standing from the Territorial Laws of 1861 as found in the State Archives:
Quote:
...or from the judgments and decrees of the courts recognizing, affirming, and enforcing such usages and customs; and in this sense, particularly the ancient unwritten law of England.
common law = unwritten law that is common to a particular society or set of people. (the word 'common' is an adjective modifying the word 'law')
The "Common Law" = a two-word noun signifying a specific type of law of a certain area; do you belong there? (the word 'common' is NOT an adjective modifying the word 'law' in this sense)
Another example: The "United States" is not equal to united States.
A common law court of record is the court of man, and; the record in said court is formed in living voice.
All other 'Courts' are for 'PERSONS' and the record is formed on paper since 'PERSONS' do NOT have vocal chords; man is NOT a part of the case in such a court unless he submits to a lower capacity.
Thanks for that comment.
Quote:
A notarial officer has satisfactory evidence that a person is the person whose true signature is on a document if that person (i) is personally known to the notarial officer, (ii) is identified upon the oath or affirmation of a credible witness personally known to the notarial officer or (iii) is identified on the basis of identification documents.
You can make up definitions for common law all you like. I disagree and will not have you foist them upon me.