Assessment
Every action begins with an assessment. What is the assessed value of a thing, which would include negotiable instruments, court cases, taxes, etc.
Who is doing the assessment or who is saying that a thing is valued at some level. Many fall into the trap of doing a ‘self assessment’ (as will be discussed in the section on Recognizing the Fiction).
In other words, what is the role of the “assessor” and what ‘claims’ can the assessor make on the outcome?
Depositions
The use of depositions in court cases is valuable. For instance many people prefer the use of depositions in court cases for a variety of reasons. Certainly, the judges would prefer depositions as it saves time in the courts as evidence presentation takes time.
So, a short analysis of how to do a deposition, what should be contained in a deposition, and what to do once the deposition is completed will be discussed.
Direct vs. Indirect
When working in the area of interface between the fictional world and the real world, one must consider the difference between ‘direct’ and ‘indirect’. This is especially true in the areas of examination in court. Perhaps some have dealt with direct examination from the witness stand and then experienced cross-examination.
Also, one should immediately notice the difference between the Medical Examiner and the Coroner. Here again we are dealing with direct evidence from a Coroner and the indirect evidence of a Medical Examiner. [Note: on all of the popular TV shows involving murder mysteries, they always have a ME instead of a Coroner. Why? Both the ME and the Coroner examine the same corpse, but the ME can only assume the death while the Coroner can determine the death.]
In Forma Pauperis
Since the events of 1933 every US citizen is 'in forma pauperis' which means that they have no money with which to pay any public debt. Since 1933 the only remedy available for debt is discharge (unless you go into the private side with AFV, etc.).
But time after time I keep hearing people tell about paying (with money of exchange) court judgments, court filings, parking tickets, and the like. Why are they doing that? Why give cash when cash is not required? We need to figure this out as to when cash is used and when cash should not be used.
Recognizing the Fiction
A fiction does not exist until you ‘recognize’ it. Until you give form to the fiction it does not exist. For instance in our present court systems, they always ask YOU for your name. Even if you are the judge’s brother-in-law, the court will always ask you for your name. Of course, this is in conjunction with the trick they use with 'idem sonan', but the “Defendant” does not exist until someone, preferably you, acknowledges it.
So, how do we deal with this problem? And what do we do when the court or whoever assumes the fiction? These are areas that we will be covering.
Warrants
Warrants are a strange item in commerce. We have search warrants, arrest warrants, warranty deeds, and on and on.
A warrant does not fall into the category of a negotiable instrument for it is neither a note nor a draft. In some respects it takes on some of the characteristics of a note or a draft, but still it cannot qualify.
At best a warrant could be looked at as an insurance policy. If that is the case, then we need to look at terms like ‘insuror’ and ‘insuree’, etc. And then we need to know is this a full liability policy or a limited liability policy … is it comprehensive or just liability?
In any event, we will be getting into the procedures to deal with a warrant. -WS
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