Re: Trust's

The nature, history and formation of Trusts.

Re: Trust's

Postby OneManAndHisDog » Sun May 02, 2010 10:14 am

In response to: fmotl.com/forum/viewtopic.php?f=105&t=5151
mark1963 wrote:I have been researching Trust's after some excellent threads on this site and I am very excited. It appears that most contacts, courts etc are in fact Trust's. But are they all?

I do have a couple of questions.

1. If we are in court as Trustee's (we are in fact beneficiaries, but they fooled us) and are always guilty, then why do Judges have discretion. Is it only discretion of the sentence - what about being found not guilty?

...


If you stand as the "defendant" then you are a trustee of the court, entrusted to provide remedy to correct the matter. If you do not, then you are in breach of trust to the beneficiary, and the public intervenes to enforce remedy. The plaintiff will be the beneficiary. The Trust Document is the actual claim that establishes the court.

If you counterclaim, establishing your standing with respect to the first court and with respect to the matter at hand, and make claim against the other party (the original plaintiff) with some cause of action(s), then you entrust the original plaintiff (now called the "counter-defendant" before your court) to provide remedy and you are the beneficiary (now called the "counter-plaintiff") of that remedy. Your counterclaim would act as the Trust Document that reverses the roles and establishes your court on top of his.

If your claim (the counterclaim) is a challenge to jurisdiction of the first court / claim, then the first plaintiff is entrusted to present a proof of claim that you are subject to his "Law" (the claim / trust document) that he has presented to the court.

But, to successfully counterclaim and challenge jurisdiction, it is necessary to correctly establish your standing - a standing that is not implicitly subject to the original plaintiff's claim. This can be done be stating that you are "one of the people", and be careful not to state you are standing in any subject role such as "citizen", "res-ident", "tax-payer", "driver", "a-lien" etc, and if these terms are continued to be used, to object to their use until the other party has presented a proof of claim that you have indeed voluntarily taken on such a standing in that created role. - You may have taken on such a standing from your actions, your words, or indeed your in-actions or silence (the latter two under certain circumstances, and may be corrected leaving).


Bill Thornton explains how you'd go about doing this in his audio seminars and his supporting material such as in Procedures.

See Foundation for a starting point and the Example of establishing a "court of record" ( - a court proceeding according to the common law, in contrast to a Nisi Prius Court).

( Some good foundational material on Ohio Law Notes too: People vs Citizen | Common vs Statutory | Law and Equity )


In summary; a court is a form of a trust:

A man comes along and makes a claim, the claim acts as a Trust Document that creates the court (when other satisfactory elements are in place; magistrate, recorder etc. present on a noticed and agreed date, even if agreement is by silence and failure to object or counterpropose a date). The man takes on the standing of "plaintiff" before the court. The "plaintiff" is the beneficiary of the court. He may have other standings with respect to the matter being claimed, but is a "plainfiff" w.r.t. the court itself. The one who he makes a claim against is the "defendant" before the court. The one who he makes a claim against may also have other standings with respect to the matter being claimed, but is a "defendant" w.r.t. the court itself. The "defendant" is the "subject" of the court (the "subject" of the Trust as made in the claim). - The claim is the "Law" being introduced into and establishing the court.

In their courts, the chap on the bench may also be the plaintiff. This clearly is NOT a "court of record". A court of record is a court proceeding according to the common law. But the way the trust comes about is the same.

You, as one of the people, have the power to change it into a court of record. Don't bother asking on the nature of the court, just establish the court you wish straight after establishing your standing. This can be done in the first sentence written or spoken before the court.

The one who stands as "defendant" is entrusted (in trust of the court) to provide a solution to the beneficiary

By making counterclaim, the counter-claim establishes a counter-trust. The original defendant of the first court becomes the "counter-plaintiff" before the court - the beneficiary of the second claim (the counterclaim). The man who was the original plaintiff become the "counter-defendant" before the court - the trustee of your claim and the subject of the court.

By counterclaiming (correctly), the man who stands as the "counter-defendant" is entrusted (in trust of that second court on top of the first) to provide a solution to the beneficiary.


For a counterclaim example that won in court at common law (a court of record), done by Bill Thornton, see Action at Law -- Example. (More information available in Procedure and by studying his audio seminars as linked to above.)

2. Are dejure and defacto in any way relevant?

It becomes de-jure from your acquiescence; failure to object or counterclaim. Then you accept it. So no matter if it starts de-facto, it may become de-jure by your acquiescence. - Think estoppel and private correspondence, - all private correspondence start de-facto, but may establish agreement de-jure by various means, including tacit acceptance, silent acquiescence, estoppel and other means.

3. What about Jury trials - they cannot be equity courts - can they?

Depending on the nature of the court, if it is a "court of record" or not, the Jury may be the tribunal (as in a court of record), or may just be advisory. Know the nature of the court, and your standing as made in the claim / counterclaim. That would be the first line of a well written claim / counterclaim.


...this was just a rough overview.


( Registration - the process of entrusting a right or property | Fundamentals of Trusts | A brief overview of creating your own Trust at law subject to no other )

edit: moved in this forum ( i know you would have posted it here if you could have) rev/k
OneManAndHisDog
 
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