law 01 the fundamentals

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Law Explained Series

The Fundamental Truths of LawSession 1

DISCLAIMER: This information is for private educative use only Nothing in part or implied may be construed as Legal advice TheDISCLAIMER: This information is for private educative use only. Nothing in part or implied may be construed as Legal advice. The photocopy, electronic distribution, copy or modification of this information is strictly prohibited without the written approval of an authorized representative of Ucadia Trust. Copyright © 2015 . All Rights Reserved in Trust. The name, logo, trademark and intellectual property of Ucadia is vested to Ucadia Trust and no other. All written correspondence c/- PO Box 127 Sans Souci, 2219 New South Wales, Australia.

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Law Explained Series

Session 1The Fundamental Truths of Law

1. The True Rules of Law, Justice and Due Process have never changed;

2. There has been no proper society under the Rule of Law for more than 400 years;years;

3. Ucadia is the only viable path to restoring the True Rule of Law and just societies.

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Th T R l f L J i d D P h Truth #1The True Rules of Law, Justice and Due Process have never changed

The Ultimate Truth of Reality Law Explained Series

Life (Universe) is a Dream of Unique Collective Awareness according to certain RulesLife (Universe) is a Dream of Unique Collective Awareness, according to certain Rules

The oldest civilizations in the planet knew that Life (Universe) is a Dream.

The Universe is “amoral”That is‐ it is neither good nor evil. However, the universe Will react in favor of free will and react in favor of free will and resist tyranny (removal of free will).

Your spirit and mind are immortal –Your spirit and mind are immortal That is why ideas, thought and intentions are the most powerful forces in the Universe…

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The Tripartite Nature of our Existence Law Explained Series

You are a spiritual being possessing a unique mind expressed in fleshYou are a spiritual being, possessing a unique mind, expressed in flesh…

You are not simply an You have a mind and You are not simply an animal, or just a member of the Homo Sapien Species…

You have a mind and thereforethe ability to discern what isLogical/illogical andWhat is true/false

Your spirit and mind are immortal –Your spirit and mind are immortal That is why ideas, thought and intentions are the most powerful forces in the Universe…


The Tripartite Relations of Life Law Explained Series

The relation of “three” is to be found in many relations of Life

Past Present Future

In Time

The relation of “three” is to be found in many relations of Life

Past Present Future

In Events or Actions

Cause ActionReason

The intention or purpose of an Actionor “motive” in Law

The Cause of an Action due to the Reason

The Action relating to the Cause and Reason

D i ti

In Source of Relation

Source Object Derivative

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The Duality Nature of our Existence Law Explained Series

Reality vs Fiction; Dream vs Dreamer; Inner World vs Outer WorldReality vs. Fiction; Dream vs. Dreamer; Inner World vs. Outer World

“Reality” “Fiction”“Reality” “Fiction”

Within realityWe perceive our“real” selves

In fiction (such as paper or naming),we create a person or we create a person or “strawman” version of our selves.


The Duality Relations of Life Law Explained Series

Property is an example of Duality being a fictional concept called a “right of use” Property is an example of Duality being a fictional concept called a right of use . You cannot physically hold your home, but you can hold title granting limited “right of use”.

“Reality” “Fiction”“Reality” “Fiction”

Real “Physical” Home

Fictional Home as “Right of Use” as

Home Property


What is Law? Law Explained Series

A rule standard or norm permitting or prohibiting certain Actions derived by A rule, standard or norm permitting or prohibiting certain Actions, derived by instruction, discovery, custom or consent.

Divine Instruction

Wi C il f Discovery

Consent

Wise Council of Elders

Discovery


A rule standard or norm permitting or prohibiting certain Actions derived by

What is Law? Law Explained Series

A rule, standard or norm permitting or prohibiting certain Actions, derived by instruction, discovery, custom or consent.

As a Rule by Divine Instruction –As a Rule by Divine Instruction –Traditionally the highest of all laws

As a Rule by Scientific Discovery –Rule of Law

“All are equal under As a Rule by Scientific Discovery The second highest (by tradition) of all laws

“All are equal underThe Law”

As an Edict by a Council representing the People – The Third highest of all laws

Law

g

As a Plebiscite (Vote) of the People– The Fourth highest of all laws. In a democracy, the highest of all laws.

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What is a Right? Law Explained Series

An Ecclesiastical Moral or Legal Capacity Privilege Liberty Faculty or Power and An Ecclesiastical, Moral or Legal Capacity, Privilege, Liberty, Faculty or Power and associated obligations, remedy, relief and exceptions held in Trust.

“Reality” “Fiction”y

Jus Possessionis = Right of Possession Jus Possidendi = Right of Dominion Ownership

J s in re Propria Right of fr its/enjo ment as O nerJus Usus = Right of Use Jus in re Propria = Right of fruits/enjoyment as Owner

Jus Proprietatis = Rights of Property Ownership


10 Fundamental Rights bestowed to all men and women by the Divine Creator

What are some key Rights?10 Fundamental Rights bestowed to all men and women by the Divine Creator

Ius Naturale Vitam = Natural Right to Life;

Ius Naturale Vivus = Natural Right to possession and ownership of ones own body;

Ius Naturale Proprius = Natural Right to ones own character, identity and name;

Ius Naturale Nutrimens = Natural Right to food and sustenance;

Ius Naturale Tectum = Natural Right to shelter;

Ius Naturale Salutis = Natural Right to safety and well being;

Ius Naturale Connubi = Natural Right to union (i.e. no need for license to marry);

Ius Natural Usus = Natural Right of use;

Ius Naturale Usurae = Natural Right to fruits (enjoyment) of use;

Ius Naturale Fructibus = Natural Right to fruits, energy, results of ones own work;


The Law is necessarily fictional Law Explained Series

Law is necessarily fictional in re creating past events to judge the Law

Past Present

Law is necessarily fictional in re‐creating past events to judge the Law

Lex Loci = The law of the place (claiming authority over the matter).

Reality Fiction of Law

ReasonLex Fori = The law of the forum(claiming authority to hear and judge the matter) The Law “recreates”

Form

Cause

as a fiction the elements of the alleged “real” events to determine its Cause

Causa Causans =The immediate cause as a suit, or case or action

Actio in Personam = Action against the person for a violation of one or

judgment. pending.

Action

the person for a violation of one or more rights.

Actio in Rem = Action for a thing in the recovery of some contested right

Action

13

the recovery of some contested right or property

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The Legal world “converts” the physical world into Persons or Things

The Legal World of Form Law Explained Series

The Legal world converts the physical world into Persons or Things

Physical World All Form is fictional. The Physical World names different forms of Objects and Concepts into

Object, Being, Species, Animal, Plant

different forms of Objects and Concepts into fundamental classes such as Objects, Being, Species, Animal and Plant.

Legal World

The Legal World converts the Physical World into either Persons (in Personam) or Things (Re, in Re, or in Rem).

Person, Thing For several hundred years, Roman Courts have been falsely converting Natural Persons into Things, thus denying logic, reason and justice.

Mental World

Reason, Concept, Notion

Some people even volunteer to declare themselves things, when they accept being “Pro Se”, short for “Pro Se In Rem” or a declaration “I am a Thing”.declaration I am a Thing .


A fictional Form enclosing attributes as the Identity of a Man/Woman

What is Person? Law Explained Series

A fictional Form enclosing attributes as the Identity of a Man/Woman,Body Politic (Assembly) or Thing

1st Person, also known as a Natural 1st Person ,Person and in propria persona as Office of Man or Woman.Man/

Woman

1st Person I, thou, me, my, mine, myself, we, us, our, ours and ourselves

2nd Person, also known as an Artificial Person in sui juris (“one’s own right”); or agentis juris as

2nd Person

you, ye, yours, yourself g ); g jAgent of the Principal.

3rd Person also known as a Legal

Agent

d P

y , y , y , yand yourselves

3rd Person, also known as a Legal Person, or Statutory Person or Surrogate Person in alieni juris(“under the control of another as Thing

3rd Personhe, she, it, they, them, their, theirs and themselves (

ward, lunatic or infant) or pro se short for pro se in rem (“I am a thing”).

themselves


A temporary Form under the complete control of the Court where its status

What is a Thing? Law Explained Series

A temporary Form under the complete control of the Court where its status or ownership is disputed

Physical World

All Legal Persons (3rd Persons) in a court are by default Things. Courts (on behalf of Physical World

Object, Being, Species, Animal, Plant

Governments) claim Absolute Control over Things or “Jus in Rem”.

Things have no mind or soul therefore no will

L g l W ld

Things have no mind or soul, therefore no will. A Thing that comes to court on Summons (a secret letter of demand), without an agent can be assumed to be a “wreck” or “lost and

Legal World

Person, Thing

abandoned cargo” and bailed as property as surety for the debt. In other words, put into a warehouse, otherwise known as a prison.

Mental World

Concept, Notion

As Status and Ownership is disputed with Things, they can be Commercializedwithout risk of claiming breach of anti‐slavery laws.p ,

All Summons under modern Courts are to Things and assumption to attend and be counted as a Thing.

16

counted as a Thing.

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The Hierarchy of Law Law Explained Series

Divine Law is the highest law followed by Natural Law then Positive Law the laws Divine Law is the highest law, followed by Natural Law then Positive Law – the laws of men and women…

Divine Law

Natural Law

P iti L

Admiralty Law Maritime Law Administrative Law Contract Law International Law

Positive Law

Admiralty Law, Maritime Law, Administrative Law, Contract Law, International Law are all forms of Positive Law and the lowest form of Law.


All Law is first Auricular (spoken) Law Explained Series

From the beginning of civilization to the present day all law is still considered spoken From the beginning of civilization to the present day, all law is still considered spoken into life, not written into life…

Laws begin as “Bills” which are “read” into Hansard; Proceedings and Events are “recorded”

Monarchs and Leaders “pronounce” Laws into existence;

Officials are invested into office after “speaking an oath”;

into the Record;

Intention and Conveyance between two

Defendants attend and present their defense at “hearings”;

twoParties is “memorialized” into a Deed;

Court cases are founded on the sacrament of “confession”;


The Golden Rule in Action: All are equal under the same Law

The Golden Rule of Law Law Explained Series

The Golden Rule in Action: All are equal under the same Law

All People of the same community are subject to the same Rule of Law.

Rule of Law“All are equal under

h ” subject to the same Rule of Law.

All are bound to live by the laws of the community.

The Law”

y

No one may be accused or seek relief except by law under Rule of Law

People Bankers Judges

p y

No one may be punished except by law under Rule of Law


Where there it no Rule of Law (equality) there Is No Law!

What Law is Not Law Explained Series

Where there it no Rule of Law (equality) there Is No Law!

A rule that is secret cannot be a lawNo Rule of Law

A rule that is unclear in meaning cannot be a law

A l th t t b li d t b A rule that cannot be applied cannot be a law

Where there is no justice there is no law

Law

Where there is no justice, there is no law

Where there is no honor of Rule of Law, there is no lawthere is no law


Application of the Rule of Law to Rights through Due Process by Officers

What is Justice? Law Explained Series

Application of the Rule of Law to Rights through Due Process by Officers Possessing Clean Hands, Good Trust and Impartiality

R l f LClean Hands is the ancient doctrine that an officer of law ceases to have any authority or office when they hold any

Rule of Law“All are equal under

The Law”authority or office when they hold any financial interest in a legal matter before their court.

Sacred Oath

Bona Fide is the ancient doctrine that every officer of law hold office by virtue of the continued validity of their sacred

Judge

oath to uphold the law.

Impartiality is the ancient doctrine that every officer of law is bound by their oath to protect the law and act with impartiality and without bias.Legal

Matter

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Matter

Law Explained SeriesCopyright © 2015 . All Rights Reserved in Trust. Not to be reprinted without express written permission.

No Justice exists where there is No Rule of Law and where claimed

What is Not Justice? Law Explained Series

No Justice exists where there is No Rule of Law and where claimed Officers do not have Clean Hands, Good Trust and Impartiality

Unclean Hands is when any officer holds any financial interest or benefit in a legal matter before their court

No Rule of Law

matter before their court.

Male Fide is when any officer of the law is not prepared to swear under sacred

No SacredOath is not prepared to swear under sacred

oath to hear the matter in good faith and without prejudice.No

JudgePrejudice is when any officer of the law claims immunity or demonstrates prejudice against a party.

g

p j g p y


10 Ancient Traditions and Procedures and Maxims of Justice

What is Due Process?10 Ancient Traditions and Procedures and Maxims of Justice

All are equal under the law;

All e o t ble d e ble de the lAll are accountable and answerable under the law;

All have the right to a fair trial;

ll h h h k h d f hAll have the right to know the accusations and proof against them;

The burden of proof lies upon him who accuses, not he who denies;

All are without blemish (innocent) until proven culpable;

An action in law cannot proceed without first examining a cause;

An action in law cannot arise from a fraud, bad faith or prejudice;

No man be a judge in his own matter;

No one may suffer punishment for mere intent or transgressions of another;


An object/concept created cannot be greater than its creator

The Rule of Relation Law Explained Series

An object/concept created cannot be greater than its creator

A company formed from an Estate cannot have more power than the Estate that created it and the Trust that created the Estate.

Trust

Trust

Estate

Estate

Company

Company


An object/concept created cannot exist before the object/concept that created it

The Rule of Sequence Law Explained Series

An object/concept created cannot exist before the object/concept that created it

True law forbids a crime to be alleged for an action that occurred before the law was writtenlaw was written.

Person Crime

Law Person

Crime Law


A valid Law is always applied to an alleged Action and its Reason

Law, Reason and Action Law Explained Series

A valid Law is always applied to an alleged Action and its Reason

For valid Law to be applied, the Reason and Action needs to be recreated and established and both mens rea and actus reus proven.and established and both mens rea and actus reus proven.

Past For m of La

Time

Past Forum of Law

mens rea

Cause

ReasonReason “guilty mind”

ActionActionactus reus“guilty

t”AccusedO i act”Or prisoner


A valid Action formed through Due Process of three elements being

What is an Action In Law? Law Explained Series

A valid Action formed through Due Process of three elements beingTestimony of the Cause, Request and Form

Testimony Request Form

Time

Ancient RomanLaw

Accusatio Praecipe IusVocare

Memorandum Petition Original WritCarolingianLaw

Affidavit Complaint BillEnglishLaw before18001800


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Th h b W i d h R l f L Truth #2There has been no Western society under the Rule of Law for more than 400 years

Only 500 000 Laws were promulgated since beginning of time to

History of Law – From beginning to 1540Only 500,000 Laws were promulgated since beginning of time to1540 of which 90% were variations of same basic laws

Time

6000 BCE 1540 CE

500,000 Laws

The majority of laws prior to 1540 addressed Rights pertaining to Possession, Powers and Capacity and less about Privileges or other special exclusions, exemptions, immunities to the law.


Approx 500 000 Laws were promulgated from 1540 to 1798 with more

History of Law – From 1540 to 1798Approx 500,000 Laws were promulgated from 1540 to 1798 with morethan 50% via England with less than 40% being true historic law

Time

6000 BCE 1798 CE1540 CE

500,000 Laws

500,000 Laws

The explosion of laws from 1540 to 1798 that produced the same number of laws since the beginning of civilization itself was centered around the growth of Privilege for a few restricting beginning of civilization itself was centered around the growth of Privilege for a few, restricting the Rights of others through the limits on Capacities and the Growth of revenues in diminishing Possession in favor of Ownership.


Approx 10 000 000 Laws were promulgated from 1799 to 1920 with

History of Law – From 1799 to 1920Approx 10,000,000 Laws were promulgated from 1799 to 1920 with with less than 20% being any form of true historic law

Time

1540 19206000 BCE

500,000 Laws

1799

500,000 Laws

L

There has effectively been NO RULE OF LAW in English countries since1801 with 80% of all new claimed laws to 1920 NOT LAW.

10,000,000 Laws

91799 to 1920 saw the complete destruction of any notion of equality of rights or rule of law with millions of laws granting privileges, immunities and powers, particularly focused on the introduction of the notion of Faculty – being a privilege or special power granted to a person to do or refrain from doing something otherwise made illegal. Marriage, Settlement (Birth) Certificate etc. are examples of such absurdities.


Since 1945 to the present there has been over 100 million laws passed across

History of Law – From 1945 to presentSince 1945 to the present, there has been over 100 million laws passed acrossthe planet with the majority being about licenses, benefits and interests

Time

1540 1920

500,000 Laws

1799 Present

500,000 Laws

10,000,000 Laws

100,000,000 Laws

There has effectively been NO RULE OF LAW in English countries since1801.

Th h ff ti l b NO JUSTICE i E li h t i iThere has effectively been NO JUSTICE in English countries since1840’s.


There has been no proper Rule of Law for more than 400 years

The Truth of Rule of Law Law Explained Series

There has been no proper Rule of Law for more than 400 years.

Official Public Claim Secret Occult Belief Truth in Law

Society exists under proper Rule of Law

The Law is whatever we say it is. We can change it

No Golden Rule of Law, no true justice there is no law

“ h li i h i i“M d d ti “A i t th t l it “The reality is that society is still class‐based whereby an elite govern the masses and may change the laws at

i i h l

“Modern democratic societies (such as US, Canada, Australia and Europe) exist under proper R l f L h b

“Any society that enslaves its people, or considers slavery a moral right (eg US 13thamendment), or grants i iti t lit f anytime to suit themselves.

Rights can be squashed and exemptions and immunities granted and business goes on, l h b li

Rule of Law whereby every citizen is considered equal and subject to the same set of laws; and where rights

t t d d h ld

immunities to an elite few, or makes its own people enemies and criminals, or judges people guilty before innocent (as in all B iti h lth d so long as the masses believe

there is some notion of rule of law.

are protected and upheld and the courts follow due procedure.”

British commonwealth and former colonies) has no law or legitimacy and is simply a tyrannical system under force, f d t ”fear and terror.”


The “Public Law” of modern nations is actually Corporate By Laws of Private Company

The Truth of modern Public Law Law Explained Series

The “Public Law” of modern nations is actually Corporate By‐Laws of Private Company


Statutory & Common Law

Codes & Procedures Corporate By‐Laws

“Public Law is largely ignored and instead Executive Regulations and Codes (e.g. US Codes) and Policies &

“The Law of the People is Public and formed through Statutes passed by Legislature or Precedents

“Public Institutions and Government is now controlled by private corporate bodies. Executive

Procedures are what determine the outcome of Law in practice.”

established through the Courts or Customary Maxims (Common Law) applied over centuries.”

Regulations are dictates and not law; and Codes and Procedures are nothing more than Corporate Bylaws.”


Modern judges are not judges at all but registrars of ecclesiastical & admiralty causes

The Truth of modern Judges Law Explained Series

Modern judges are not judges at all but registrars of ecclesiastical & admiralty causes


Publicly AppointedOfficer of Law

Privately Empowered Agent

Registrar of Ecclesiastical & Admiralty Causes

“A judge is a privately empowered (licensed) agent or contractor acting as a surrogate justice (judge)

“A judge or justice is a public officer, appointed by legislative or executive authority, to administer the

“Since the late 19th Century, a judge is no longer a justice permitted to determine points of law, but merely a

employed to arbitrate matters for the “state” and other clients brought into his/her place of business.”

u o y, o e elaw in a public court of record and justice.”

registrar of ecclesiastical & admiralty causes, empowered to enter into the public record based on procedures and policies only. In other words, they cease to have any right to judge.”


Guilt and Debt is already decided within the fabric of the Legal System

The Truth of the Legal Adversarial System Law Explained Series

Guilt and Debt is already decided within the fabric of the Legal System


Substance of evidence and argument usually wins

Method and Style of argument more important

Guilt is already assumed under summary justice

“K l dg f i l f “I ith th d i l “Since the 19th Century “Knowledge of special forms, special procedures and exceptions are more important to winning, than

l th b t f

“In either the adversarial or inquisition systems of law, the truth of the case is proven upon the strength f th id d it

Since the 19th Century, under the Summary Justice model, guilt is already assumed the moment an accusation is raised A merely the substance of

evidence and argument. The Socratic Method may be used to play “hot potato” and la e the liabilit ith the o e

of the evidence and merits of the arguments by either the accuser/investigator or the one being accused.”

accusation is raised. A Summons is a form of letter of demand, if not objected to, then proves the liability for the debt (penal sum) of place the liability with the one

left having to answer, usually the defendant.

for the debt (penal sum) of the case. The tricks of attorneys and lawyers is merely for show, or if there is genuinely an error of false genuinely an error of false accusation.”


Police are employed to raise revenue protect the rich and only then protect the people

The Truth of modern Police Powers Law Explained Series

Police are employed to raise revenue, protect the rich and only then protect the people


Police Officers protect and enforce the law

Police Officers are agents needing cause or contract

Police Officers are privateers & bounty hunters

“A l f t ffi i “P li Offi bli “Since the 19th Century under “A law enforcement officer is a privately empowered (licensed) agent or contractor acting as a surrogate,

l d t h ld d

“Police Officers are public law officials, given special powers to protect the community and uphold the l Th i ti l f l

Since the 19th Century, under various anti‐slavery treaties between Britain, US and countries/dependencies, police officers are privateers and employed to uphold and

protect the law, but only insured where there exists (1) warrant, or (2) probable

( ) i li d

law. Their actions are lawful when supported by proper instruments such as licenses, warrants,

d th lid

officers are privateers and bounty hunters searching for enemy combatants, lost or abandoned cargo, runaway slaves and assumed criminals cause, or (3) an implied

contract (adhesion contract) or actual contract of consent.

summons and other valid orders, normally issued by a court of law.”

slaves and assumed criminals. Their function is to (1) make money, (2) protect the banks and elite families and (3) protect the community if it does not the community if it does not conflict with (1) and (2).”


No Rule of Law No Justice No respect of Due Process open

State of Law TodayNo Rule of Law, No Justice, No respect of Due Process, openGovernment corruption with merchants and moneylenders

NO RULE OF LAW ( i 8 ) A h t l d d liti i l i d NO RULE OF LAW (since 1801) As merchants, moneylenders and politicians claimed immunity from attack and destroyed laws against frauds.

NO JUSTICE (since 1840s) As claimed officers of law started to make money directly NO JUSTICE (since 1840s) As claimed officers of law started to make money directly from cases, stopped making proper oaths, the courts became private businesses.

NO DUE PROCESS (since 1980s) As failure to file proper affidavits signed NO DUE PROCESS (since 1980s) As failure to file proper affidavits, signed complaints, signed warrants, end of presumption of innocence, arrest with charge, imprisonment without charge, end of habeus corpus.


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Ucadia is the only viable path to restoring the True Rule of Truth #3Ucadia is the only viable path to restoring the True Rule of Law and just societies

law 01 the fundamentals

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