Legal Maxims...


The following are based on law principles established over many years and are the most powerful words documented basing Liberty, Freedom and Equality for all Living Breathing Souls.

Legal Maxims
[Maxims: a collection of legal truisms (stood the test of time) which are used as "rules of thumb"]

MAXIMS
“It is better to go to the fountain head than to follow little streamlets” (Melius est petere fonts quam sectari rivulos. – Black’s Law Dictionary Revised 4th Edition page 1135).

“A maxim is so called because its dignity is chiefest and its authority is the most certain, and because it is most approved by all.” (Maxime ita dicta quia maxima est ejus dignitas et certissima auctoritas, atque quod maxime omnibus probetur. – Black’s Law Dictionary 7th Edition page 1657).

“All human beings are born free and equal in dignity and rights.” United Nations Universal Declaration of Human Rights (1948).

“An equal has no dominion over an equal.” (Par in parem imperium non habet. – Black’s Law Dictionary 7th Edition page 1673)

“The power which is derived cannot be greater than that from which it is derived.” (Derativa potestas non potest esse major primitiva - Bouvier’s 1856 Law Dictionary).

“It is a wretched state of slavery which subsists where the law is vague or uncertain.” (Misera est servitus, ubi jus est vagum aut incertum – Black’s Law Dictionary Revised 4th Edition page 1151).

“Multiplicity and indistinctness produce confusion; and questions, the more simple they are, the more lucid.” (Multiplex et indistinctum parit confusionem; et quaestiones, quo simpliciores, eo lucidiores. – Black’s Law Dictionary Revised 4th Edition page 1167).


PRINCIPLES

“Principles prove, they are not proved.” (Principia probant, non probantur. – Black’s Law Dictionary 7th Edition).

“There is no reasoning of principles.” (Principiorum non est ratio – Black’s Law Dictionary 7th Edition).

“There is no disputing against one who denies first principles.” (Non est disputandum contra principia negantem. – Black’s Law Dictionary 7th Edition).

“The chiefest (principal) part of everything is the beginning.” (Cujusque rei potissima pars est principium – Black’s Law Dictionary Revised 4th Edition).

“Plain truths need not be proved.” (Perspicua vera non sunt probanda – Black’s Law Dictionary Revised 4th Edition).


SOVEREIGN INDIVIDUAL

A Natural Man or Woman created by God existing in Common Law Jurisdiction.

“The Parliament of Canada, affirming that the Canadian Nation is founded upon principles that acknowledge the supremacy of God, the dignity and worth of the human person and the position of the family in a society of free men and free institutions…” The Preamble for the Canadian Bill of Rights (1960).


HIARCHY We have not seen nor been presented with any material facts or evidence that God did not create man, and that government is not a function and creation of man’s thinking/imagination. And so we have not seen nor been presented with any material facts or evidence that man is not sovereign, as it relates to bodies politic and legal entities.

God
Man
Constitutions/Bills of Rights/Historical Documents
Judicial System
Government
Public Servants
Legal Fictions (i.e. Persons)


“The law regards the order of nature.”
(Lex spectat naturae ordinem – Black’s Law Dictionary Revised 4th Edition page 1058).



LIFE, LIBERTY and PROPERTY

INALIENABLE RIGHT: A right that cannot be transferred or surrendered; esp., a natural right such as the right to own property. – Also termed inherent right. (Black’s Law Dictionary, 7th Edition).

FREE: Not subject to legal constraint of another. Unconstrained: having power to follow the dictates of his own will. Not subject to the dominion of another. Not compelled to involuntary servitude. Use in this sense as opposed to “slave”. Black’s Law Dictionary Revised 4th Edition (Page 791)

SLAVERY: The condition of a slave; that civil relation in which one man has absolute power over the life, fortune, and liberty of another. Black’s Law Dictionary Revised 4th Edition (Page 1559)

“Liberty is more favored than all things.” (Libertas omnibus rebus favorabilior est. – Black’s Law Dictionary 7th Edition page 1654)

“Whenever there is an interpretation doubtful as to liberty (or slavery), the decision must be in the favor of liberty.” (Quotiens dubia interpretatio libertatis est, secundum libertatem respondendum erit. – Black’s Law Dictionary 7th Edition page 1685)

“All presumptions are in favor of life, liberty and innocence.” (In favorem vitae, libertatis, et innocentiae, omnia praesumantur. – Black’s Law Dictionary Revised 7th Edition page 1644).


ONE LAW

“Use your own property and your own rights in such a way that you will not hurt your neighbor, or prevent him from enjoying his. Frequently written, “Sic utere tuo,” etc.” (Ita utere tuo ut alienum non laedas. – Black’s Law Dictionary Revised 4th Edition page 966).

“It is forbidden for any one to do or make on his own [land] what may injure another’s.” (Prohibetur ne quis faciat in suo quod nocere possit alieno – Black’s Law Dictionary Revised 4th Edition 1377).

“No man ought to be burdened in consequence of another’s act.” (Nemo ex alterius facto praegravari debit – Black’s Law Dictionary Revised 4th Edition page 1190).

“The laws of nature are unchangeable.” (Jura naturae sunt immutabilia – Black’s Law Dictionary Revised 4th Edition page 989).


CONTRACT LAW

“The stipulations of parties constitute the law of the contract. Agreements give the law to the contract.” (Pacta dant legem contractui. – Black’s Law Dictionary Revised 4th Edition page 1263).

“By agreement (or contract) something is permitted that, without agreement, is not allowed.” (Pacto aliquid licitum est quod sine pacto non admittitur. – Black’s Law Dictionary 7th Edition page 1673).

“Consent makes the law.” (A contract is a law between the parties, which can acquire force only by consent. Bouvier’s 1856 Law Dictionary) Consensus facit legem – Black’s Law Dictionary Revised 4th Edition page 377).

“The express agreement of parties overcomes [prevails against] the law.” (Conventio vincit legem – Black’s Law Dictionary Revised 4th Edition page 401).


CONTRACTING

“Nothing is so opposed to consent as force and fear.” (Nil consensui tam contrarium est quam vis atque metus. – Black’s Law Dictionary Revised 4th Edition page 1197).

“One who can will (exercise volition) has a right to refuse will (without consent).” (Ejus est non nolle qui potest velle. – Black’s Law Dictionary 7th Edition page 1633).

“Laws are abrogated by the same means [authority] by which they are made.” (Jura Eodem modo destituuntor quo constituuntur. – Black’s Law Dictionary Revised 4th Edition page 988).

“That which is ours cannot be transferred to another without our act (consent).” (Id quod nostrum est sine facto nostro ad alium transferri non potest – Black’s Law Dictionary Revised 4th Edition page 879).


PRIVITY of CONTRACT

“No one should interfere in another’s business that does not at all concern him.” (Nemo debet immiscere se rei alienae ad se nihil pertinenti. – Black’s Law Dictionary 7th Edition page 1661).

“It is a fault for any one to meddle in a matter not pertaining to him.” (Culpa est immiscere se rel ad se non pertinenti –Black’s Law Dictionary Revised 4th Edition page 454).

“A benefit is not conferred on one who is unwilling to receive it. That is to say, no one can be compelled to accept a benefit.” (Invito beneficium non datur. – Black’s Law Dictionary Revised 4th Edition page 961).


FREE ONESELF

“It does not matter whether a revocation is made by words or by acts.” (Non refert verbis an factis fit revocatio. – Black’s Law Dictionary 7th Edition page 1667).

“Nothing is so natural as to dissolve anything in the way in which it was bound together; therefore the obligation of words is taken away by words; the obligation of mere consent dissolved by the contrary consent.” (Nihil tam naturale est, quam eo genere quidque dissolvere, quo colligatum est; ideo verborum obligatio verbis tollitur; nudi consensus obligatio contrario consensus dissolvitur – Black’s Law Dictionary Revised 4th Edition page 1196).


AUTHORITY

We have not seen nor been presented with any material facts or evidence that man or government can lawfully exercise authority to make legal determination about, or exercise Power of Attorney for a man/human being/living soul who has [re]claimed sovereignty.

“Peace officer” includes a mayor, warden, reeve, sheriff, deputy sheriff, sheriff’s officer, and justice of the peace, and also the superintendent, governor, jailer, keeper, guard or any other officer or permanent employee of a correctional institution, and also a police officer, bailiff, constable or other person employed for the preservation and maintenance of the public peace or for the service or execution of civil process. (Section 29.(1) of the Interpretation Act (Ontario))


PERSON

In law, an individual or incorporated group having certain legal rights and responsibilities. This has been held to include foreign and domestic corporations. Compare artificial person; natural person. Canadian Law Dictionary, Barron’s 5th Edition.

“Persons are of two kinds, natural and artificial. A natural person is a human being. Artificial persons include a collection or succession of natural persons forming a corporation; a collection of property to which the law attributes the capacity of having rights and duties. The latter class of artificial persons is recognized only to a limited extent in our law.” Black’s Law Dictionary Revised 4th Edition (Page 1300).

“Every person is a human being, but not every human being a person.” (Omnis persona est homo, sed non vieissim. – Black’s Law Dictionary 7th Edition page 1672).

“Man” (homo) is a term of nature; “person” (persona), a term of civil law.” (Homo vocabulum est naturae; persona juris civilis. – Black’s Law Dictionary 7th Edition page 1640).

“Husband and wife are considered one person in law.” (Vir et uxor censentum in lege una persona – Black’s Law Dictionary 7th Edition page 1700).

INDIVIDUAL “Under the Canadian Bill of Rights, the right of the individual extends to natural persons only, and not to corporations. R. v. Colgate-Palmolive Ltd. (1972), 8 C.C.C. (2d) 40 (Ont.Co.Ct.)…”.

“It has been ruled that Charter equality rights extend only to natural persons. Parkdale Hotel Ltd. v. Attorney-General of Canada. (1986), 1 F.T.R. 190 (F.C., T.D.)”. Canadian Law Dictionary Barron’s Fifth Edition.

NATURAL PERSON “A natural person is a human being that has the capacity for rights and duties.” Canadian Law Dictionary Barron’s Fifth Edition.


NO INJURY

“An act of law does no one wrong.” (Actus legis nemini facit injuriam. – Black’s Law Dictionary 7th Edition page 1617)

. [Injury n. any harm done to a person by the acts or omissions of another. Injury may include physical hurt as well as damage to reputation or dignity, loss of a legal right. The free legal dictionary online.]

To injure is wrong.


CAPITAL LETTERS

We have not seen nor been presented with any material facts or evidence that a name in all capital letters as found on a birth certificate (i.e. JOHN DOE) is not representative of a legal entity (person). We have not seen nor been presented with any material facts or evidence that a name in all capital letters, as found on a birth certificate, is that of a living individual. We have not seen or been presented with any evidence that a name in all capital letters violates the stipulations of section 9.(1)(k) of the Trade-marks Act.


TACIT CONSENT

“He who does not deny, admits.” (Qui non negat fatetur. – Black’s Law Dictionary Revised 4th Edition page 1414).

“An error which is not resisted or opposed is approved.” (Error qui non resistitur approbatur – Black’s Law Dictionary Revised 4th Edition page 639).


FIDUCIARY ACCEPTANCE

We have not seen nor been presented with any material facts or evidence that, the moment someone uses the Person for trade/commercial purposes, and/or accepts a benefit privilege there of, it is not consent to the terms and conditions of the contract, including the role of being an acting fiduciary.



FAIR USE/DEALING NOTICE: This site contains copyrighted material the use of which has not always been specifically authorized by the copyright owner. We are making such material available in our efforts to advance understanding of criminal justice, political, human rights, economic, democracy, scientific, and social justice issues, etc. etc..

We believe this constitutes a 'fair dealing' of any such copyrighted material as provided for in Part III section 29 of the Canadian Copyright Act. In accordance with Part III section 29 of the Canadian Copyright Act, the material on this site is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes. Formore information visit http://laws.justice.gc.ca/en/C-42/39129.html.

We believe this constitutes a 'fair use' of any such copyrighted material as provided for in section 107 of the US Copyright Law. In accordance with Title 17 U.S.C. Section 107, the material on this site is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes. For more information go to: http://www.law.cornell.edu/uscode/17/107.shtml.

If you wish to use copyrighted material from this site for purposes of your own that go beyond 'fair dealing' and/or 'fair use', you must obtain permission from the copyright owner.

For more information visit: http://en.wikipedia.org/wiki/Fair_dealing#Fair_dealing_in_Canada and http://en.wikipedia.org/wiki/Fair_use