Memorandum of Law of the Name

https://www.bakrom.agency/knowledge-base/1-memorandum-of-law-of-the-name/

 by: Ross Drake

Law is extremely precise.  Every letter capitalization, punctuation mark in a legal document is utilised for a specific reason of legal consequences, differences in the usages of the name identifies different legal persons.  The usage of a name in all capital letters is of a specialised style of a specific official judicial rule, as like the jurisdiction of THE STATE, Yet by any rule of English Grammar, there is no acceptance of a like John Paul Jones, to be written as JOHN PAUL JONES.  By common law; all proper names are to be spelt with a Capital letters to be balanced of each spelled with lower case letters.  But where a name of a corporatized entity is referenced, it must be set forth identically, in order to express the legalised identity, out of a certain appropriated manual style of a grammar rule.

As understood within the Manual on Usage & Style of the Texas Law Review 1995; Section D, CAPITALIZATION, paragraph D: 1:1 states: Always capitalize proper nouns [Proper nouns], independent of the context in which they are used, refer to specific persons, places, or things (e.g., Dan, Austin, Rolls Royce).

Paragraph D: 3:2 of Section D states: Capitalize People, State, and any other terms used to refer to the government as a litigant (e.g., the People's case, the State's argument), but do not capitalize other words used to refer to litigants (e.g., the plaintiff, defendant Manson).

Either no attorney, judge, or law clerk in a STATE has ever read the recognized law style manual that purports to pertain to them, or the act is a deliberate violation of the rules for undisclosed reasons.  In either ignorance (ignorance of the law is no excuse) or violation (one violating the law he enforces on others is acting under title of nobility and abrogating the principle of equality under the law) of law, they continue to write, Defendant, THE STATE OF TEXAS and proper names of parties in all capital letters on every court document.

What is wise to discover is of the usage of names as under the The National Aeronautics and Space Administration (NASA) which has publish one of the most concise US Government resources on capitalization; NASA publication SP-7084, Grammar, Punctuation, and Capitalization.  A Handbook for Technical Writers and Editors; was compiled and written by the NASA Langley Research Centre in Hampton, Virginia (Pentagon); where the ALL CAPS in expression in capital LIKE THIS, as a headline style, not in sentence style.

In the NASA Handbook; we see that in headlines, titles, captions, and in sentences, there is no authorized usage of all caps.  At 4.4.1. Capitalization with Acronyms, we find the first authoritative use for ALL CAPS: Acronyms are always formed with capital letters.  Acronyms are often coined for a particular program or study and therefore require definition.  The letters of the acronym are not capitalized in the definition unless the acronym stands for a proper name: that using all caps is allowable in an acronym.  Acronyms being words formed from the initial letters of successive parts of a term.  They never contain periods and are often not standard, so that definition is required.  So could an Acronym without period, without standard, without definition, apply to lawful proper Christian name?

The usage of an Acronym is always formed with ALL CAPS letter to be coined for a particular  program.  This articulation requires definition, to stand as (not standard), for an artificial proper-name.  Example JOHN SMITH has to follow a definition as sort, which it does not unless he was of the periodic term of John Orley Holistic Nutrition of the Smith Medical Institute To Holistic.  Then JOHN SMITH would apply! Under any sovereign government publications -as in Australia- proper names and Parliamentary States are never spelled in acronyms.

Be it so, under the NASA/Pentagon administration, names of political divisions and organised bodies are ALL CAPS as acronyms under the significant section that appears at 4.5., Administrative Names: even being against the according of official Government publication, that States are never to be spelled in all caps such as AUSTRALIAN GOVERNMENT What business the NASA/Pentagon administrations operate upon is not of the laws of the land, but of legal fiction.

Legal fiction; an assumption that something that is (or may be) false or non-existent, as being true or real. Legal fictions are assumed or invented to help do justice.  For example, bringing a lawsuit to throw a non-existent JOHN DOE off your property, used to be the only way to establish a clear right to the property when legal title of John Doe was uncertain.  A presumption of fact is assumed by a court for convenience, consistency or to achieve justice. “ Something assumed in law to be fact irrespective of the truth or accuracy of that assumption; the legal fiction has no faction.  There is an old adage: Fictions arise from the law, and not law from fictions.

This is the reason behind the use of ALL CAPS when writing a proper name.  The AUSTRALIA and STATE Governments are deliberately using a legal fiction to address the lawful Natural Person of real, flesh-and-blood man or woman.

We say this is deliberate because their own Crown official publications state, that proper names are not to be written in ALL CAPS.  They are deliberately not following their own recognized authorities, but to follow the legal fiction business of the NASA/Pentagon administration.  A jurisdiction being Fiat of an undisclosed jurisdiction, by unknown people for unknown reason with a juristic license of an arbitrary presumption, not based on fact.

Assumption of a Legal Fiction

An important issue concerning this entire matter is whether or not a proper name, perverted into an ALL CAPS assemblage of letters, can be substituted for a lawful Christian name or any proper name.  For the STATE to arbitrary use the fictitious name JOHN DOE as a tentative, is like an interim artifice to surmount the absence of true knowledge until the true name John Doe is known.  Upon discovering the identity of the fictitious name, the true name replaces it, that of the Natural Person title.

The corporatized STATE administration upon legal fiction is upon the assumption of purported fact without having shown the fact to be true or valid.  It is an acceptance with no proof.  The STATE is simply to assume over your name, as to pretend to formally transforming someone else's (fictional) debt, into their government administrated debt instrument, compare with guaranty.  As the usage of the legal fiction JOHN PAUL JONES in place of the proper name John Paul Jones implies an assumed debt guarantee without any offer of proof.

An assumed debt is valid unless proven otherwise.  An unrebutted affidavit, claim, or charge stands as the truth in commerce.  This is in accord with the Uniform Commercial Code, valid in every State and made a part of the Statutes of each State.  A name written in ALL CAPS resembling a proper name but grammatically not a proper name is being held as a debtor for an assumed debt.

But the question arises; did the parties to the Complaint incur that debt? If so, how and when? Where are the contract of indebtedness that was signed and the proof of default thereon? What happens if the Natural Person proper name, i.e. John Paul Jones, answers for the assumed fabricated name, of i.e. JOHN P JONES? The two names become one and the same.  This is the crux for the use of the ALL CAPS names by the corporatized Government and the STATES.  A Natural Justice enquiry upon the debt instrument can bring an ALL CAPS someone, into a Crown de facto venue and jurisdiction, upon the implication of definition for the purpose of some manner of assumed debt.

Fabricated legal corporations such as STATE OF VICTORIA can be used to fabricate additional legal persons as a citizen.  Fictions arise from the law, not the law from fictions.  Bastard legal persons can originate from any judicial/governmental act that wishes to create them, regardless of whether he/she/it is empowered by law to do so.  However, a law can never originate from a fictional foundation that doesn't exist.  Any purported law that does not originate from the Constitutional of the Commonwealth of Australia due process is a fictional law without validity.  Thus, the true test of any Australian law is its basis of due process according to the Commonwealth Constitution.  So another question arises, how can a fictional debt become created according a legalised process that is created outside of lawful process?

Executive Orders and Directives

Executive Orders and Directives are of the Colour of Law without being laws of due process.  They are laws based on fictional beginning (Covid 19) and are inherent defective, as they cannot be additional to other laws and other legal fictions of statute.  The (Covid 19) Colour of Law are regulated and promulgated by its own administrative codes, rules and procedures, not buy any due process.  A Colour of Law can be enforced through a charade known as a Federal Administrative Procedure Act, where each STATE adopts the same fatally flawed administrative laws.

Colour of law; the appearance or semblance, without substance, of legal right, misuse of power, possessed by virtue of STATE law and made possible only because the wrongdoer is clothed with authority of the STATE.  Black Laws Dictionary 5th ed p241

The origins of this formulation of Colour of Law was through Abraham Lincoln attempt to pass the Executive Order in March and April 1861, where seven southern states walked out of Congress, not wanting to support such a fatality.  Lincoln then called Congress into session under Military Law; Civil war erupted.  Today in America, Congress is but a legal fiction as having a monopoly over the currency of law, being passed as a government implemented upon the Lieber Code.  Every purported Act in America is in effect De facto acting under the Lieber Code, without any verification upon any lawful foundations or lawful due process.  The Lieber Code is but rules of a war debt by force, originating from Military Law jurisdiction.  Within its jurisdiction is of the Laws of Necessity i.e.  War Powers; to cheat ethical and natural law by overreaching, invade the space and territory of others, and covet other peoples land or property, to steal the fruits of their labour, to satisfy the war debt.  The Lincoln Executive Order / Lieber Code abolished the recognised common law rights in America and replaced it with laws based upon a fictional legal foundation; The United States of America.

In effect; under a fictional legal foundation of The United States of America is existing and functioning under the law of necessity ab initio, they are all non-law and cannot validly assert jurisdiction, authority, or demand for compliance from anyone.  They are entirely rules of rulership,; organised piracy, privilege, plunder and enslavement, invented and enforced by those who rule over others by legalised violence in the complete absence of moral authority, adequate knowledge, and of natural law mechanics to accomplish any result other than disruption, conflict, damage and devastation.

But of this currency of laws, they are not within the foundations of the Constitution of the Commonwealth of Australia.

A maxim of law states the importance of the name; Ad dolendum opotet, primum inquirere nomina, quia rerum cognition a nomini buserum dependet In order to rightly comprehend a thing, inquire first into the names, for a right knowledge of things depends upon their names.

Under the Pleading and Motions and Capacity rule of law; When an issue is raised as to the legal existence of a named party, or the party's capacity to be sued, or the authority of a party to be sued, the party desiring to raise the issue shall do so by specific negative averment, which shall include supporting particulars.  A use of a proper name of the Natural Person must be insisted as a matter of Abatement correction- for all parties of an action of purported law.

As when a (Citizen) defendant is indicted or prosecuted by a fictitious or erroneous name, and in any stage of the proceedings his/her true name is discovered (as the Natural Person), it must be inserted in the subsequent proceedings, referring to the fact of his/her name being Charged by the Discovered Natural Person mentioned in the indictment or by proxy of information.

Since the entire game functions on the basis of people's failure to properly rebut a rebuttable presumption, the issue then becomes how to properly rebut their presumption that you are knowingly, intentionally, and voluntarily agreeing to be treated, as if you were the ALL CAPS name.  One angle of approach is found in the requirement for proper names to be identified in any legal dispute.  This includes a mandate to correct the legal paperwork involved when proper names are provided, as potentially upon a Treaty of Innocence Petition of Grace.

It is to note that there is a difference between legal and lawful.  Legal matters are administrate, conform to, and follow rules that are equitable in nature and are Implied (presumed) rather than actual (expressed).  A legal process can be defective in law.  The laws of the people are in nature like a Constitution or a treaty, not implied.

Today, modern legalism has usurped and engulfed the law, where corporatized Government administration can establish their own rules, codes, and statutes to prevail for self-determined interests, instead of actual law.  They create their own arbitrary constructs acting on fictitious authority (Covid 19), being enforced by legal Executive Orders.  (No Parliament required).  Executive Orders can make commercial treaties and pacts upon a Federal Registry to function upon.  The fictitious STATE created Citizen assumptions to exists, as of the surety upon an implied debt, transacted on the Federal registry.  The ALL CAPS name as a legal rule and with by the implied authority, the STATE can issue Birth Certificates to Person of a legal fiction, to be Federal Registered as a juristic birth.  An ALL CAP name does not identify who you are! 

The Registered Birth Certificate Mirrors your true name Natural Person into the colourable admiralty/maritime law.  In equity law, an assumed name with an assumed debt exists, until re butted.  It Ain't me!!!.

How debt is assumed by legal fictions

Since an assumption by definition, implies debt, what debt does a legal fiction assume? Now that we have explored the legal executive basis of the current Federal and State governments, it's time to put all this together.

The government  foundation are pure artifice and the results have compounded into more deceit in the form of created, promulgated, instituted, administered, and enforced rules, codes, statutes, and policy i.e. the laws that appear to be, but are not, never were, and never can be.

The Birth Certificate is the Government's self-created document of title for its new property, i.e. the deed to the juristic-name artificial person whose all-caps name mirrors your true name.  The Birth Certificate brings the new ALL CAPS name into colourable admiralty/maritime law, the same way a ship (and ship of state) is berthed.

When a child is born, the hospital sends the original, not a copy, of the record of live birth to the State Bureau of Vital Statistics, sometimes called the Department of Health (HRS).  Each STATE is required to supply the AUSTRALIAN GOVERNMENT with birth, death, and health statistics.  The STATE agency that receives the original record of live birth keeps it and then issues a Birth Certificate in the corrupted, ALL CAPS version of the baby's true name, JOE DOE.  When a Birth Certificate is registered with the AUS Department of Commerce, it means that the ALL CAPS legal person named there on has become a surety or guarantor, a condition and obligation that is automatically and unwittingly assumed, unless you rebut the presumption by effectively noticing them: It ain't me.

The state-created Birth Certificate, with an ALL CAP name is a document evidencing debt the moment it is issued.

Once a STATE has registered a birth document with the Department of Commerce, the Department notifies the Treasury Department, which takes out a loan from the Federal Reserve.  The Treasury uses the loan to purchase a bond (the Fed holds a purchase money security interest in the bond) from the Department of Commerce, which invests the sale proceeds in the stock or bond market.  The Treasury Department then issues Treasury securities in the form of Treasury Bonds, Notes, and Bills using the bonds as surety for the new securities.  This cycle is based on the future tax revenues of the legal person whose name appears on the Birth Certificate.  This also means that the bankrupt, corporate AUS GOV can guarantee to the purchasers (IMF) of their securities the lifetime labour and tax revenues of every citizen of the AUSTRALIAN GOVERNMENT with a Birth Certificate as collateral for payment.  This device is initiated simply by converting the lawful, true name of the child into a legal, juristic name of a citizen person.

Legally, you are considered to be a slave or indentured servant to the various Federal, State and local governments via your STATE-issued and STATE-created Birth Certificate in the name of your ALL CAPS person.  By remaining silent a legal default, latches, and failing to claim one's own Rights.  The maxim of law becomes crucially operative: He who fails to assert his rights has none.

The legal rules and codes enforce themselves.  There is no court hearing to determine if those rules are correct. 

Government rules are self-regulating and self-supporting.

Once set into motion, such laws automatically come into effect provided the legal process has been followed.

So the puzzle unfolds as to just who or what is the ALL CAP person, i.e. JOHN PAUL JONES, or some other all capital letter corruption thereof? It is the entity the government created to take the place of the real being, i.e.John Paul Jones.  The lawful Christian name of birth right has been replaced with a legal corporate name of deceit and fraud. 

If the lawful Christian name answers as the legal person, the two are recognized as being one and the same.

However, if the lawful being distinguishes himself/herself as a party (Treaty of Innocence Petition of Grace) other than the legal fiction, the two are separated.