Legal Word of the DayOriginally Posted by Michael Joseph
Criminal Intent: The intent to commit a crime: malice, as evidenced by a criminal act; an intent to deprive or defraud the true owner of his property. People v. Moore. 3 N. Y. Cr. R. 458. (source: Black's Law Dictionary).
Here's a few to get the ball rolling, feel free to expand on these and add your own!
Society
1. A society is a number of persons united together by mutual consent.
2. Societies are either incorporated and known to the law, or un-incorporated, of which the law does not generally take notice.
3. By civil society is usually understood a state, a nation or a body political.
4. In civil law, by society is meant a partnership.
Statute
1. Legislative act: an act passed by a legislative body.
2. A formal written enactment of a legislative authority that governs a county, state, city or county
3. Legislated rule of society which has the force of Law
Person
1. A corporation treated as having the rights and obligations of a person. Counties and cities can be treated as a person in the same manner as a corporation. However, corporations, counties and cities cannot have the emotions of humans such as malice, and therefore are not liable for punitive damages unless there is a statute authorizing the award of punitive damages.
Here's what wiki says.
"Statutory law or statute law is written law (as opposed to oral or customary law) set down by a legislature or other governing authority such as the executive branch of government in response to a perceived need to clarify the functioning of government, improve civil order, to codify existing law, or for an individual or company to obtain special treatment. Examples of statutory law comprehend traditional civil law and modern civil code systems in contrast to common law. In addition to the statutes passed by the national or state legislature, lower authorities or municipalities may also promulgate administrative regulations or municipal ordinances that have the force of law — the process of creating these administrative decrees are generally classified as rulemaking. While these enactments are subordinate to the law of the whole state or nation, they are nonetheless a part of the body of a jurisdiction's statutory law."
(Common law) "Legislated rule of society which has the force of law "
A strawman is defined by Black’s Law dictionary 8th Edition as STRAWMAN?
A strawman is defined by Black’s Law dictionary 8th Edition as
1. A fictitious person, esp. one that is weak or flawed.
2. A tenuous and exaggerated counterargument that an advocate puts forward for the sole purpose of disproving it. – Also termed straw-man argument.
3. A third party used in some transactions as a temporary transferee to allow the principal parties to accomplish something that is otherwise impermissible. Cf.
DUMMY. 4. A person hired to post a worthless bail bond for the release of an accused. – Also termed stramineous homo.
See MEN OF STRAW.
The Social Security “strawman” is a grantor trust. Whenever you make application on a government form you are tendering an offer to contract.
The government just accepts your offer to contract or to enter an agreement.
The differences between the two can be found in the first article of the UCC – agreement vs. contract.
You will find that the difference between the two is the entry and acceptance methods.
However, the end result is the same.
In the Social Security trust you are the grantor since you (or your parents, it matters not) “made application” on Form SS-5 and then you assented when you filed your first Form 1040 with the IRS.
The First Annual Report on Social Security dated 1936 states on page 20, “Title VIII of the Social Security Act imposes an income tax upon the employees covered by the old-age benefits sections”.
Covered by?
Coverage.
Coverage denotes an assurance plan. Assurance denotes a limited liability plan. Admiralty / Maritime law only has four areas of concern; maritime wages, bottomry, salvage and limited liability.
Benedict on Admiralty covers workman’s compensation principles quite well and it states that you cannot enter into an admiralty/maritime agreement on land for covered employment without first going through equity.
A cursory study of equity law will illustrate we are discussing trust law.
In the Social Security relation you are the grantor, the co-fiduciary (with the USAG as Trustee in his capacity as Alien Property Custodian, 50 USC Appx 12) for tax form filing purposes, and a co-beneficiary.
Any time the same party is grantor and beneficiary you have a grantor trust.
This is also why “willful failure to file” is a felony because it is fiduciary misconduct as a fiduciary book keeper for a trust that you do not own.
Blackstone’s Commentaries volume 1, chapter 18 discusses trusts and corporations to be one in the same.
The United States Supreme Court still uses Blackstone’s Commentaries as an authoritative reference for determinations in law as our legal system is based upon the British (“Brit” is covenant in Hebrew and “ish” is Hebrew for man) legal system.
Therefore, the “strawman” in a Social Security relation is a grantor trust.
Therefore, the grantor trust is a corporation for the purposes of taxation.
Will you find that the trust is domiciled in the U.S. Virgin Islands?
Herefore, the grantor trust is foreign to the several states doing business as a foreign entity to the several states.
After all, a trustee holds legal title.
The legal title holder in any trust holds decision authority over the property in question – i.e. everything the “strawman” touches.
The beneficiary holds equitable title.
The equitable title holder gets to use the property held in trust as determined by the terms and conditions of the trust agreement.
Have the terms and conditions of the trust agreement ever been disclosed to you?
The reason anyone creates a trust (of any kind) is to promote domestic tranquility in his relations, whatever they may be.
In a grantor trust if the trustee breaches the principles of domestic tranquility the grantor may revoke legal title from the trustee and revest it in the grantor.
Well, if the grantor already holds equitable title (co-beneficiary or not) the trust collapses because now the trust assets are held by the same party, hence there is no one left to trust.
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