NOUICOR or DOUICOR?

A place for posting Notices of Understanding and Intent and Claim of Rights

NOUICOR or DOUICOR?

Postby barny00 » Tue Mar 23, 2010 6:04 pm

Maybe i'm just reading into this too much but I feel that a Declaration of Understanding & Intent & Claim Of Right is perhaps the better way forward as it is "The first Pleading in a lawsuit governed by the rule of Common-Law Pleading. In the law of evidence, a statement or narration made not under oath but simply in the middle of things, as a part of what is happening. Also, a proclamation.

Forgive me if i'm wrong but it seems a declaration is the only way to start interaction with the state from a common law perspective. A notice, as far as I can tell, is not a common law tool and does not need to be considered as such even if it's been assured by a notary.

As per the title, what are your thoughts...

Definition of Notice
Information; knowledge of certain facts or of a particular state of affairs. The formal receipt of papers that provide specific information.

There are various types of notice, each of which has different results. In general, notice deals with information that a party knows or should have known. In this context notice is an essential element of due process. Notice can also refer to commonly known facts that a court or Administrative Agency may take into evidence.

Actual notice is information given to the party directly. The two kinds of actual notice are express notice and implied notice. An individual is deemed to have been given express notice when he or she actually hears it or reads it. Implied notice is deduced or inferred from the circumstances rather than from direct or explicit words. Courts will treat such information as though actual notice had been given.

Constructive notice is information that a court deems that an individual should have known. According to a Rule of Law that applies in such cases, the court will presume that a person knows the information because she could have been informed if proper diligence had been exercised. Constructive notice can be based on a legal relationship as well. For example, in the law governing partnerships, each partner is deemed to have knowledge of all the partnership business. If one partner engages in dishonest transactions, the other partners are presumed to know, regardless of whether they had actual knowledge of the transaction. The term legal notice is sometimes used interchangeably with constructive notice.

In certain cases involving the purchase of real property, an individual is charged with inquiry notice. When an individual wishes to purchase land, he ordinarily has the duty under the recording acts to check the title to the property to determine that the land is not subject to any encumbrances, which are claims, liens, mortgages, leases, easements or right of ways, or unpaid taxes that have been lodged against the real property. In some situations, however, the individual must make a reasonable investigation outside of the records, such as in cases involving recorded but defective documents. This type of notice is known as inquiry notice.

Some states have notice recording statutes that govern the Recording of Land Titles. Whereas inquiry notice deals with looking closely at documents that have been recorded, notice recording statutes state that an unrecorded conveyance of property is invalid against the title bought by a subsequent bona fide purchaser for value and without notice. This means that if John purchases a piece of land on a contract for deed from Tom and does not record the contract for deed, and if Tom resells the land to Jill, who has no notice of the prior sale, then Jill as a bona fide purchaser will prevail, and John's conveyance will be invalid.

The concept of notice is critical to the integrity of legal proceedings. Due process requires that legal action cannot be taken against anyone unless the requirements of notice and an opportunity to be heard are observed.

Legal proceedings are initiated by providing notice to the individual affected. If an individual is accused of a crime, he has a right to be notified of the charges. In addition, formal papers must be prepared to give the accused notice of the charges.

An individual who is being sued in a civil action must be provided with notice of the nature of the suit. State statutes prescribe the method of providing this type of notice. Courts are usually strict in requiring compliance with these laws, and ordinarily a plaintiff must put this information into a complaint that must be served upon the defendant in some legally adequate manner. The plaintiff may personally serve the complaint to the defendant. When that is not practical, the papers may be served through the mail. In some cases a court may allow, or require, service by posting or attaching the papers to the defendant's last known address or to a public place where the defendant is likely to see them. Typically, however, notice is given by publication of the papers in a local newspaper. When the defendant is not personally served, or is formally served in another state, the method of service is called substituted service.

Notice is also critical when suing a state or local government. Many states and municipalities have notice of claim provisions in their statutes and ordinances that state that, before a lawsuit is started, a notice of claim must be filed within a reasonable time, usually three to six months after the injury occurs. The notice must contain the date of injury, how it occurred, and other facts that establish that the prospective plaintiff has a viable Cause of Action against the government. Failure to file a notice of claim within the prescribed time period prevents a plaintiff from filing a lawsuit unless exceptions to this requirement are provided by statute or ordinance.

Notice is also an important requirement in ending legal relationships. For example, a notice to quit is a written notification given either by the tenant to the landlord, or vice versa, indicating that either the tenant intends to surrender possession of the premises on a certain day or that the landlord intends to regain possession of the premises on a certain day. Many kinds of contracts require that similar notice be given to either renew or end the contractual relationship.

Notice may also refer to commonly known facts that a court or administrative agency may take into evidence during a trial or hearing. Judicial Notice is a doctrine of evidence that allows a court to recognize and accept the existence of a commonly known fact without the need to establish its existence by the admission of evidence. Courts take judicial notice of historical events, federal, state, and international laws, business customs, and other facts that are not subject to reasonable dispute.

Administrative proceedings use the term official notice to describe a doctrine similar to judicial notice. A presiding administrative officer recognizes as evidence, without proof, certain kinds of facts that are not subject to reasonable dispute. Administrative agencies, unlike courts, have an explicit legislative function as well as an adjudicative function: they make rules. In rule making, agencies have wider discretion in taking official notice of law and policy, labeled legislative facts.


Definition of Declaration

The first Pleading in a lawsuit governed by the rule of Common-Law Pleading. In the law of evidence, a statement or narration made not under oath but simply in the middle of things, as a part of what is happening. Also, a proclamation.

A declaration is the plaintiff's statement of a claim against the defendant, formally and specifically setting out the facts and circumstances that make up the case. It generally is broken into several sections, which describe the different counts of the Cause of Action. The declaration should give the title of the action, the court and place of trial, the basis for the claim, and the relief demanded. The defendant then answers with a plea. Common-law pleading has been abolished in the United States, and modern systems of Code Pleading and rules based on federal Civil Procedure now provide for a complaint to accomplish the same purpose as did the declaration in former times.

Under some circumstances, statements made out of court by one person may be repeated in court by someone else even though the Hearsay rule ordinarily forbids secondhand testimony. For example, a Dying Declaration

is a statement in which a Homicide victim names his or her killer on his or her deathbed. If the victim had known who had attacked him or her, had abandoned all hope of recovery, and had in fact died of the wounds, a person who heard the dying declaration can repeat it in court at the time the killer is brought to trial. The theory is that a deceased person would not have lied just before dying.

A declaration against interest is another type of statement received into evidence even though it is being repeated by someone who heard it out of court. It is any comment that admits something harmful to the rights of the person who made the statement. For example, a driver says to his or her passenger just before the car misses a curve and ends up in a ditch, "I know the brakes are bad, but don't worry." Later when suing to recover compensation for injuries, the passenger can testify that he or she heard the driver make a declaration against his or her interest even though that testimony is hearsay.

Customs law requires all persons entering the United States to provide officers with a list of merchandise they are bringing into the country. This list is also called a declaration.

Real property laws in various states require the filing of statements to disclose plans that establish certain rights in particular buildings or parcels. For example, a homeowners' association formed by neighbors to maintain a recreation center owned by all of them together may file a declaration of covenants. A builder may be required to file a declaration of condominium before beginning to sell new units.

As a preliminary step before becoming naturalized U.S. citizens, Aliens must file a declaration of intention which states that they are honestly trying to become citizens and that they formally renounce all allegiance to any other nation where they were ever citizens or subjects.

The Declaration of Independence was a formal announcement on July 4, 1776, by which the Continental Congress of the United States of America proclaimed the independence of the people of the colonies from the rule of Great Britain. It explained the reasons for their assertion of political autonomy and announced to the world that the United States was a free and independent nation.

International Law recognized that nations may formally and publicly proclaim a condition of armed conflict by a declaration of war, which in effect forbids all persons to aid or assist the enemy. In the United States, the Congress has the authority to declare war, and a declaration fixes a beginning date for the war.

A declaration of a dividend is an act of a corporation in setting aside a portion of net or surplus income for proportional distribution as a dividend to those who hold shares of stock.
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Re: NOUICOR or DOUICOR?

Postby enegiss » Tue Mar 23, 2010 6:19 pm

hi barney00, thats an interesting concept, gets the mind thinking for sure, good work. peace
if you wish to create a favourable History, then you have to start now.
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Re: NOUICOR or DOUICOR?

Postby licekwallion » Thu Mar 25, 2010 2:56 pm

Thanks for sharing..!! The point in conveyance was good..!!

Wallion..!!

.
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Re: NOUICOR or DOUICOR?

Postby kliff » Fri Mar 26, 2010 9:06 am

As in The Declaration of Independence..... Very interesting thought :ugeek:

Why did they NOT serve a Notice of Independence :thinks:
My consent is neither expressed nor implied.
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Re: NOUICOR or DOUICOR?

Postby the_common_law_reverend_kenny » Fri Mar 26, 2010 1:01 pm

definite nice one.... also - why not a declaration of secession. Anything that declares your standing/status...is game on. (doesn't matter what its called)

anyone having not made such a declaration( statement/decree) can hardly claim to be other than a (UK or whatever) jurisdictional person subject to the state. In other words if you don't say 'get off me' you are assumed in compliance...stat.
SOVEREIGN: not controlled by outside forces: autonomous; self-governing; independent "a sovereign people" <> "by any peaceful administritive means necessary" - the way of the order.
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Re: NOUICOR or DOUICOR?

Postby kliff » Fri Mar 26, 2010 3:01 pm

the_common_law_reverend_kenny wrote:definite nice one.... also - why not a declaration of secession. Anything that declares your standing/status...is game on. (doesn't matter what its called)


That is the way I interpret it too!

That being said I think I would prefer to declare my status and post (serve) a notice of that declaration, but I think it is all Lexicology.

I'd say as long as YOUR belief and intentions are stated clearly and concisely (in exactly the same way as Acts of Parliament are not :grin: ) it doesn't matter how you word it as long as it can't be misinterpreted. So for example, if you state that it is your belief that x+y=z then the onus is on the other party to prove it is not, if that is the case.
No-one can argue with your belief, they can only say that they believe you are wrong they then have to present evidence to contradict your held believe.

Thus:
I state here and now - “Whereas it is my understanding and belief that Human beings living in the United Kingdom have the right to life, freedom, security of person and enjoyment of their own property, and the right not to be deprived thereof except by due process of Common Law”

The onus is then on another party to disprove this with evidence or present a counter-argument and try to persuade me to acknowledge that my held belief is wrong – in essence, change my mind.

Fundamentally we are talking philosophy, the morals and ethics of right and wrong, truth and lies etc. :ugeek:
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Re: NOUICOR or DOUICOR?

Postby barny00 » Fri Mar 26, 2010 4:06 pm

I see what you mean, it is only the legal that care what the actual words mean. Lawfully, it is just a matter of clarity.

:8-):
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Re: NOUICOR or DOUICOR?

Postby kliff » Fri Mar 26, 2010 4:17 pm

As I just posted:

viewtopic.php?f=24&t=4867&start=20#p44310

Its all in the words man all in the words. :ugeek:

Passion and personal belief are the keys - say what you mean, mean what you say :grin: :grin:
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Re: NOUICOR or DOUICOR?

Postby barny00 » Fri Mar 26, 2010 8:38 pm

The part i'm currently struggeling with is that in order to affect our documents (bearing in mind current levels of miseducation within the law society), they need to be recognised and respected in legal sea. So it seems our documents require not only lawful clarity but legal merit as well.

Is that not the case?
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Re: NOUICOR or DOUICOR?

Postby the_common_law_reverend_kenny » Sat Mar 27, 2010 8:41 pm

barny00 wrote:The part i'm currently struggeling with is that in order to affect our documents (bearing in mind current levels of miseducation within the law society), they need to be recognised and respected in legal sea. So it seems our documents require not only lawful clarity but legal merit as well.

Is that not the case?


That is not the case.

Passion and personal belief are the keys - say what you mean, mean what you say



---- autonomous;
----self-governing;
----independent "a sovereign people"
SOVEREIGN: not controlled by outside forces: autonomous; self-governing; independent "a sovereign people" <> "by any peaceful administritive means necessary" - the way of the order.
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