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Legal Maxims

Discussion in 'U.S. Constitution & Law' started by Goldhedge, Jul 26, 2017.



  1. Goldhedge

    Goldhedge Modal Operator/Moderator Site Mgr Site Supporter

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    Legal Maxims:

    1. A workman is worthy of his hire. Authorities: Exodus 20:15; Lev. 19:13; Matt. 10:10; Luke 10:7; II Tim. 2:6. Legal maxim: “It is against equity for freemen not to have the free disposal of their own property.

    2. All are equal under the law (God’s Law-Moral and Natural Law). Authorities: Exodus 21:23-25; Lev. 24:17-21; Deut. 1:17, 19:21; Matt. 22:36-40; Luke 10:17; Col. 3:25. Legal maxims: “No one is above the law.”; “Commerce, by the law of nations, ought to be common, and not to be converted into a monopoly and the private gain of a few.”

    3. In commerce, truth is sovereign. See Exodus 20:16; Psalms 117:2; John 8:32; II Cor. 13:8. Legal maxim: “To lie is to go against the mind.” Oriental proverb: “Of all that is good, sublimity is supreme.” Truth, as a valid statement of reality, is sovereign in commerce, equity, admiralty, Lex Mercatoria and public policy. Truth is always superior to fiction.

    4. Truth is expressed in the form of an Affidavit. See Lev. 5:4-5; Lev. 6:3-5; Lev. 19:11-13; Num. 30:2; Matt. 5:33; James 5:12.

    5. A matter must be expressed to be resolved. See Heb. 4:16; Phil. 4:5; Eph. 6:19-21. Legal maxim: “He who fails to assert his rights has none.”

    6. An un-rebutted affidavit stands as truth in commerce, equity, admiralty, Lex Mercatoria and public policy. See 1 Pet. 1:25; Heb. 6:13-15. Legal maxim: “He who does not deny, admits.”

    7. An un-rebutted affidavit is acted upon as the judgement in commerce, equity, admiralty, Lex Mercatoria and public policy. See Heb. 6:16-17. Any proceeding in court, tribunal, or arbitration forum consists of a contest, or “duel,” of commercial affidavits wherein the points remaining unrebutted in the end stand as the truth and the matters to which the judgment of the law is applied.

    8. He who leaves the field of battle first (does not respond to Affidavit) loses by default. See Book of Job; Matt 10:22. Legal maxim: “He who does not repel a wrong when he can occasions it.”. Silence comprises agreement in commerce, equity, admiralty, Lex Mercatoria and public policy, as he who does not deny when he has the opportunity, admits the facts presented to him.

    9. Sacrifice is the measure of credibility. One who is not damaged, put at risk, or willing to swear an oath on his commercial liability for the truth of his statements and legitimacy of his actions has no basis to assert claims or charges and forfeits all credibility and right to claim authority. See Acts 7, life/death of Stephen. Legal maxim: “He who bears the burden ought also to derive the benefit.”

    10. Except for a Jury, it is also a fatal offence for any person, even a Judge, to impair or to expunge, without a Counter-Affidavit, any Affidavit or any commercial process based upon an Affidavit.

    11. It is against the law for a Judge to summarily remove, dismiss, dissolve or diminish a Commercial Lien. Only the Lien Claimant or a Jury can dissolve a commercial lien. A lien or claim, under commercial law, can only be satisfied by one of the following actions. See Gen. 2-3; Matt 4; Revelation. Legal maxim: “If the plaintiff does not prove his case , the defendant is absolved.”
    10.1. A rebuttal Affidavit of Truth, supported by evidence, point-by-point.
    10.2. Payment.
    10.3. Agreement.
    10.4. Resolution by a jury according to the rules of common law.

    12. All men shall have a remedy by the due course of law. If a remedy does not exist, or if the existing remedy has been subverted, then a man may create one and endow it with credibility by expressing it in an affidavit.

    13. A foreclosure by a summary judgement (non-jury) without a commercial bond is a violation of commercial law. An official (officer of the court, policeman, etc.) must demonstrate that he/she is individually bonded in order to use a summary process.

    14. An official who impairs, debauches, voids or abridges an obligation of contract or the effect of a Commercial Lien without proper cause becomes a lien debtor, and his/her property becomes forfeited as a pledge to secure the lien.

    15. Notice to agent is notice to principal; notice to principal is notice to agent.

    16. Consent makes the law (consensus facit legem) and that without consent there is no law.

    17. Without injury, there is no crime.

    18. First hand evidence is always superior to third party assertion.
     
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