Law 12 Fraud Debt

UCADIA
Law Explained Series

Session 12
Fraud & Debt
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advice. The
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UCADIA
Part #1 – Notices of Appearance
R
Responding to Summons
di S
Review of Key Points from Session 11 Fraud & Debt
The Ucadia System is the only viable solution for restoring truth in law
Police have three primary goals being (1) obtain confession; and (2) form a contract and (3)
discredit any alternate testimony; and that when faced even with the most intimidatory
circumstances of raids and arrest, there is a way to handle ones self;
No one can properly force you to make testimony or enter a contract if they refuse to divulge
the facts;
f ;
Jurisdiction is two things (1) authority of a forum to administer justice; and (2) authority of
jurist to sit and hear and interpret the law of such a forum;
Appearance is two things (1) physical presence; and (2) formal capacity & character of
defendant coming to a valid forum of law to resolve a legal argument;
A defendant must submit some memorandum of appearance on the day to identify their
capacity and character of defense (i.e. attorney‐in‐fact, or advocate‐of‐law, or self
representation PRO SE);
There are two types of Appearance (1) Special challenges the jurisdiction of court; and (2)
Th t t f A ( ) S i l h ll th j i di ti f t d ( )
General as acceptance and submission to jurisdiction of court.
UCADIA Copyright © 2015 . All Rights Reserved in Trust. Not to be reprinted without express written permission. 3
Notice of Appearance – Registered Post Jurisdiction & Inquisition
In response to mailed or hand delivered Summons/Fine, a Notice of Appearance, an
In response to mailed or hand delivered Summons/Fine a Notice of Appearance an
Affidavit (of Fact) and Interrogatories, plus any surety details for representation
The majority of courts do not have a specific form for
Form ID N ti f A
Notice of Appearance. However, this may change.
H thi h g
Check first for any official Form ID.
NOTICE OF APPEARANCE
Court Details Key heading information – Court Details and Title
Key heading information
XYZ Court etc. of Proceedings
Title of Proceedings
California vs. J. Smith
Ca o a J S Representation and Surety of Defendant Details.
Case No: x89sd Note, if you plan to contest accusations without
Representation Details representation you CANNOT BE ANYTHING
To be Represented by xhs
p OTHER THAN PRO SE (IN REM) a thing – no
matter how much you argue.
h h
Surety Details
Details of proposed surety The Notice needs to state clearly that the accused
will have surety and by what method.
y y
Signature
NOTE: If an accused is using a non Bar attorney solicitor
as Attorney in Fact or Legal Advocate then the Notice of
Appearance provides an opportunity to file by post
ahead of day. However CHECK FIRST before day to
UCADIA make sure Post was not “lost”.
4
Notice of Appearance – Affidavit Jurisdiction & Inquisition
Facts and Proof (annexures) based on first hand evidence and knowledge NOT hearsay,
Facts and Proof (annexures) based on first hand evidence and knowledge NOT hearsay
opinion, conspiracy or conjecture!!!
Re‐read Session 10 and Affidavits Make Certain your Affidavit finishes with a Clause
As well as Session 7 on Logic and Argument. similar to the one below to prevent tricks by
i il t th b l t t t i k b
attorneys in using one error to eliminate an entire
affidavit:
If you use some of the rubbish on the
I t
Internet like absurd “affidavits of truth”
t lik b d “ ffid it f t th”
Or include hearsay, or scandal, All the facts and circumstances deposed herein are
Or conspiracy, or conjecture, within my own first‐hand knowledge and expertise
Then not only will your affidavit
y y ff except such as are deposed herein from
NOT be admitted but you will lose information only in accord with my reasonable
And most likely face GREATER DANGER. knowledge and sources of information as appear
within the present Affidavit. In the event that any
provision or wording of the present Affidavit is
held to be invalid or unenforceable at law, such
provision or wording shall hereby be severed from
the present Affidavit to the extent that such
provision or wording is void, or invalid or
unenforceable. Furthermore, any such ruling shall
not affect the validity or enforceability of the
remainder of the present Affidavit
UCADIA
5
Notice of Appearance – Interrogatories Jurisdiction & Inquisition
Interrogatories are questions given to a party in a matter via Affidavit that must be
Answered truthfully or stand as fact if unanswered.
Proper Interrogatories begin with the same information on the case like the Notice or Affidavit;
Interrogatories must include essential definitions (usually not exhaustive – but commonly 15 to
30 terms);
Interrogatories must include the section of standard procedural law of the court permitting
such questions, not exceed the limit (in some jurisdictions the number of questions including
sub parts is 25)
Interrogatories must include instructions on how to answer and the deadline to answer and
what a non answer constitutes as well as form of legitimate objection, consistent with
procedural laws of the court.
procedural laws of the court
UCADIA
6
UCADIA
Part #2 – A Quick Review on Key Concepts
Key concepts that underpin our ability to recognize Fraud
K h d i bili i F d
& Debt
Law always involves the tribunal of persons Fraud & Debt
A Person being fictional Form enclosing attributes as the Identity of a Man/Woman,
A Person being fictional Form enclosing attributes as the Identity of a Man/Woman
Body Politic (Assembly) or Thing
1st Person, also known as a Natural
Person and in propria
p p p persona.
1st Person I, thou, me, my, mine,
Trustee myself, we, us, our,
(Principal) ours and ourselves 2nd Person, also known as an
Artificial Person in
Artificial Person in:
(a) sui juris (“one’s own right as a
2nd Person beneficiary”); or
Beneficiary y ,y ,y
you, ye, yours, yourself
,y ((b)) agentis
g jjuris as Agent of the
g f
(
(Agent)
) and yourselves Principal.
3rd Person
d P 3rd Person, also known as a Legal
3rd Person also known as a Legal
Subject he, she, it, they, them, Person, or Statutory Person or
(Res) their, theirs and Surrogate Person in:
themselves ((a)) alieni jjuris ((“under the control
(Thing)
of another as ward, lunatic or
infant) or
(b) pro se short for pro se in rem (“I
am a thing”)
am a thing”).
Law always involves one or more Estates Fraud & Debt
An Estate is a valid Record in a Roll (creating Person) with associated Rights
An Estate is created Roll of Persons
when a record is duly Person
entered or “enrolled”
d “ ll d”
in a special type of
Register called a
“Roll”.
Roll .
The owner of the Roll
retains the right to
legal title and then the
appointment of any
i f
surrogate/trustee as
principal.
Principal Agent Thing

Eg Govt.
“official property” “e.g. real property” “e.g. personal property”
The Law is necessarily fictional Fraud & Debt
Law is necessarily fictional in re creating past events to judge the Law

Law is necessarily fictional in re‐creating past events to
Past Present
Reality Fiction of Law
Lex Loci = The law of the place
(claiming authority over the matter).
Reason Form
Lex Fori = The law of the forum
(claiming authority to hear and judge
The Law “recreates” the matter)
as a fiction the
elements of the
alleged “real” events Causa Causans =The immediate
Cause to determine its Cause cause as a suit, or case or action
judgment. pending.
Actio in Personam = Action against

the person for a violation of one or
more rights.
Action Action Actio in Rem = Action for a thing in
the recovery of some contested right
or property
Law always involves Argument Fraud & Debt
Argument is the Process of establishing and validating the proof of one or more
claimed facts. Rhetoric is doing it verbally.
The notion of argument is by definition the In Logic In Life or Theory
same as that for reality through the Step
combination of both the ideas of truth and
fact to assert a thing or notion or claim is 1 Matter Action
factually true; and therefore may be trusted
as genuine, without doubt.
relation
All formal Arguments have three essential Step
p
components: Matter, Issue and Facts.
2 Issue Cause
The foundational reasoning used to
establish Argument is LOGIC either by
relation
Deductive or Inductive Logic.
Step
An Argument always involves a minimum of Reason
3 Facts
2 persons. A Legal Argument always
l l or Form
involved a minimum of 3 persons.
Law depends upon Logic and Reason Fraud & Debt
Law depends upon Logic and Reason to prove or disprove Argument and the Issue.
Law depends upon Logic and Reason to prove or disprove Argument and the Issue
The Issue is the Presumed or Alleged Thing or Notion or Claim that if proven has/had
material existence (reality)
The Issue is more than the facts, or the
The Issue is more than the facts or the Deductive Inductive
premise or even the conclusion; it is the Argument Argument
thing or notion or claim, that if proven is
then said to have material existence as Premise 1 Premise (as
the “Res” or subject of the Matter. Issue))
While a Matter exists, merely on proving
general existence an Issue needs to be
general existence, an Issue needs to be
proven by Deductive Argument or Premise 2 Conclusion
Inductive Argument.
Deductive: The TRUTH of the Conclusion e.g. Confessing to a
is a logical consequence of the Premises crime
Issue (as
Inductive: The Premises are proven FACT C l i )
Conclusion)
Therefore the Conclusion is most
probably TRUE. e.g. Uncovering the
truth by forensic
investigation
Law always involves form, cause and action Fraud & Debt
A valid Action in Law is formed through Due Process of three elements being
Form, Cause and Action
Time
Form Cause Action
Right of
Action
Affidavit Indictment Citation
Right of Statement Claim Complaint

Exception
Right of Memorandum Prayer Petition

Equity
q y
UCADIA Law Explained Series

Copyright © 2015 . All Rights Reserved in Trust. Not to be reprinted without express written permission.
13
Law always involves one or more Rights Fraud & Debt
A Right is an Ecclesiastical, Moral or Legal Capacity, Privilege, Liberty, Faculty or
Right is an Ecclesiastical Moral or Legal Capacity Privilege Liberty Faculty or
Power and associated obligations, remedy, relief and exceptions held in Trust.
y
“Reality” “Fiction”
Jus Possessionis = Right of Possession Jus Possidendi = Right of Dominion Ownership
Jus Usus = Right of Use J s in re Propria = Right of fruits/enjoyment as Owner

Jus in re Propria Right of fr its/enjo ment as O ner
Jus Proprietatis = Rights of Property Ownership
Types of Rights Fraud & Debt
Capacity = Legal authority, or qualification, Privilege = Special Grant, freeing

or status of a person to hold, acquire and use the holder from the obligations
certain Rights. e.g. Average legal person in of certain laws.
Roman system has less Capacity
(green boundary) than say a Faculty = A type of Privilege
Roman judicial person (e.g. license) to do, or refrain
((red boundary).
y) ffrom doing what would
o o g o
otherwise be illegal.
Exception = Right
to defend a Right. Liberty = A type of Privilege
j y f
to enjoy some favor or
Action = Right benefit (e.g. freedom).
of Action to
Power = A type of authority,
assert a Right.
defined by law enabling the
defined by law, enabling the
Interest = compelling of others to do,
Certificate or or refrain from doing certain
Proof of Claim. acts.
Possession = The actual control
over an object or thing.
Ownershipp = Registered
g
possession. Legal Title.
Law always involves one or more Trusts Fraud & Debt
A trust is an Office (Trustee) formed by a Promise to the Terms of Trust to take
possession of certain Rights and perform certain Obligations for the Benefit of Another.
Trustor also known as 3 tests of Bona Fide (Good Trust):
Donor, Grantor, Assignor or Delegator 1. Clear Purpose and Terms
depending on nature of 2. Certainty of Subject Matter (Property)
Conveyance and Intention. Trustor
3. Good Intentions and Oath of Trustee
(Fides)
Bona Fide
B Fid
(Good Trust)
Body of
Rights
g
(Corpus)
Trustee Benefit or Good
(Fiduciarius) (Bonis)
The 2 different states of Beneficiary Fraud & Debt
A Beneficiary may be named or unnamed in relation to a valid Trust, changing the nature
A Beneficiary may be named or unnamed in relation to a valid Trust changing the nature
of the relation and liability.
Named Beneficiary = Agent (with the Trustee Unnamed Beneficiary = Creditor (with Trustee
being the Principal). This is the source of acting as Debtor) with the Trustee owing basic
agent‐principal relation. duties arising by law, agreement or claim.
Agent may be commissioned or non‐
commissioned
commissioned.
Bodyy of Rights
f g Body of Rights
(Corpus) (Corpus)
Trustee Beneficiary Trustee Benefit

(Principal) (Agent) (Debtor) (Creditor)
Agent provides Creditor is given
a “Service” a “Good”
The one who hold Liability (in red)
Procedural Law always involves Property Fraud & Debt
Property is title (dominion, ownership) to a right or thing
( )
Property = Asset = Value of
Right Negotiable Right Right attached
attached to to Obligation
Person (i.e. an under Contract
Estate)
Trust Estate Fund
Rights “e.g. real property” “e.g. real asset”
Five Conditions that end a Trust Fraud & Debt
Upon its Dissolution, Satisfaction, Termination, Falsification or Annulment, with the
Upon its Dissolution Satisfaction Termination Falsification or Annulment with the
corpus or res of the Trust being returned, or distributed or disposed accordingly.
(i) Satisfaction of Trust means a Trust has fulfilled all its obligations and is therefore finished and
ceases upon the return, distribution or disposal of the property; and
(ii) Termination of Trust means a Trust that ceases due to a condition of its operation, usually
documented within the Trust Instrument, requiring the Trust to end upon some fundamental breach
or failure to perform; and
( )
(iii) Dissolution of Trust means a Trust that dissolves according to the operation of law, usually upon
f g p f , y p
some declaration that the Trust is unable to fulfil its obligations (as in bankruptcy) or some other
obstruction or major defect as determined within a competent forum of law; and
(iv) Annulment of Trust means a Trust that ceases to be, upon the strike or removal of such record
of Trust means a Trust that ceases to be upon the strike or removal of such record
of its existence, or condemnation as unfit or contrary to the principles of Fiduciary Capacity and any
property returned to the Trustor as if the Trust never existed; and
((v) Falsification
) Falsifi ation of Trust means a Trust ceases to be in effect, due to some catastrophic event or act,
of Tr t ea a Tr t ea e to be i effe t d e to o e ata tro hi e e t or a t
such as a fundamental Breach of Trust or Delinquency that renders the continuation of such a Trust
impossible and to the effect as if the Trust had been annulled.
UCADIA
Part #3 – Goods & Chattels
Th
The nature, structure, function of Goods & Chattels
f i f G d & Ch l
What are Goods? Debt & Fraud
A Gift; or a Promises (Bona) associated with a Beneficial Right of Use for Sale or Bargain
The true original Latin word for Promise was “Bona”‐
Hence “Bona Fide” also translates as a “Promise In Trust” i.e. an enforceable Promise.
th
By 17 Century, Bona was replaced by the word
Century Bona was replaced by the word “Goods” meaning “Promise or Gift to/from God”
Goods meaning Promise or Gift to/from God .
Beneficial Right relates
To 3rd pperson NOT A Good relates not to the “real” object but the fictional
1st or 2nd person and “b fi i l i ht f ” f th bj t
“beneficial right of use” of the object.
To rights ALWAYS
“Fiction” “Reality”
Less than Freehold.
Promise (Bona) of
3rd person “Beneficial Right of Use”
Beneficial Holder
What are Chattels? Debt & Fraud
Chattels Animals and Slaves as Goods as well as the Goods of Slaves for Sale and Bargain
Chattels = Animals and Slaves as Goods as well as the Goods of Slaves for Sale and Bargain
The true original Latin word for Chattel is Catal/Catalla
(the same origin for Cattle) meaning “beasts of burden”
Real Chattel Personal Chattel
Interests of Animals, Insolvent The personal property of
Debtors, Criminals and Slaves Insolvent Debtors, Criminals and
leased for years as property to Slaves that may be seized as
corporations for profit. bounty, prize or profit.
Typically the criminal banking
Typically, the criminal banking
landlord retains “Chattel
Interest” – in other words no
effectual title passes from the
creditor to debtor, but the 3rd person
creditor retains the right to the Beneficial Holder
slaves that the debtor never
had.
had
NOTE: US false 13th amendment turns US Citizens into Chattel. False
Global Bankruptcies turn people Into insolvent debtors and Chattel.
The Concept of Sale Debt & Fraud
When the title to a thing is given in Trust to another in exchange for a price of money
given in Trust. A Sale may be conditional/absolute; or public/private; or voluntary/judicial.
C diti
Conditional/Absolute
l/Ab l t P bli /P i t
Public/Private Voluntary/Judicial
Absolute is a sale made and Public is a sale made by Voluntary is a sale made

completed without any auction to the highest bidder. freely and without constraint
condition whatever. After
f by the owner.
transactions are made, the Private is a sale by direct bid
two trusts dissolve. and not by auction. Judicial or “Forced” is when
title has been seized by the
Conditional is one that court and therefore under its
depends on fulfilment of one control and a sale is made
or more conditions to be even if against the wishes of
valid. In such a scenario, the
lid h i h the previous title holder. Also
h i i l h ld l
two trusts may continue to known as “involuntary”.
exist for some time.
NOTE: Bills of Sale were depreciated as a valid form of transaction since the global
bankruptcies of countries from 1930’s. Only Bargain is used to exchange Goods or
g g
Land.
What is a Bargain? Debt & Fraud
A Bargain is a Contract
A B g i i C t t of Mutual Bindings (Promises) as Security whereby one party
f M t l Bi di g (P i ) S it h b t
promises to assign a right as property for some consideration; and the other party
promises to receive the property and take good care of it and pay the consideration.
There MUST be two Trusts
For a Bargain to exist.
The one for the Buyer
f y and one for
f
Right of Use
the Seller – even if no documents
are published.
This merely implies an
Seller Benefit of Use
Incomplete agreement (or
p g (
Inchoate) – and one (D bt )
(Debtor) (C dit )
(Creditor)
That is not FINAL.
A Bargain is NOT a transfer of title Consideration

but a Bailment of Goods for some
financial consideration. The Party
providing the property NEVER Buyer Benefit of Use
surrenders title
surrenders title. (D b )
(Debtor) (C di )
(Creditor)
NOTE: The use of the terms Obligor and Obligee to hide Buyer and Seller in Bargain
is deliberately misleading and used to hide the fact that 2 TRUSTS ALWAYS EXIST!
is deliberately misleading and used to hide the fact that US S S S !
What are Inchoate Instruments? Debt & Fraud
Inchoate Instruments are those begun but unfinished, not completed –
but unfinished not completed such as a contract
not executed with all necessary provisions by all parties.
Inchoate Instruments are only good
between the parties to the extent that both
choose to perform.
UCADIA
Part #4 – Fraud
Th
The nature, structure, function of Fraud
f i f F d
What is Fraud? Debt & Fraud
Financial advantage gained by unfair means. There are three broad categories:
Financial advantage gained by unfair means There are three broad categories:
Personal, Constructive and Statutory
P
Personal Fraud
l F d C t ti F d
Constructive Fraud Statutory Fraud
Also known as Actual and Also known as Legal = where Where certain acts are made

Moral = when one person no wrongful intention is fraud by statute and
Causes pecuniary injury to proved but that fraud is prohibited.
Another by intentionally presumed from
Misrepresenting or circumstances and the court In most court cases,
concealing a material fact seizes the right/rights in Statutory Fraud as a means
that they were bound to question to determine the to prevent an action or
explain or disclose. outcome. highlight and action is
fraudulent requires
Examples include
l i l d ALL COURT CASES ARE BASED k
knowledge of the statute and
l d f h d
misrepresentation, ON CONSTRUCTIVE FRAUD its proper inclusion in
concealment and by matter evidence.
subsequent.
UCADIA
Part #5 – Debt
Th
The nature, structure, function of Debt
f i f D b
What is Debt? Debt & Fraud
(1) A Binding Promise; and (2) A Right of Action (in Court) upon delinquency
1 2
Binding Promise Right of Action
From Latin Debeo = “to owe; to be bound” From Latin Debito = “a writ (right of action)

upon default”: :
upon default
A solemn obligation under contract. A (a) payment of sum of money due for Goods
binding promise under Bargain. sold (under Bargain) or
(b) Payment of penalty/compensation on
f il f
failure to perform
IMPORTANT**IMPORTANT**IMPORTANT** Under a Bargain, strictly speaking there are
IMPORTANT**IMPORTANT**IMPORTANT** U d B g i t i tl ki g th
two Debts. The one owed by the Buyer and the one owed by the Seller.
The absence of two sets of paperwork of binding promises either implies an INCHOATE
f fp p f gp p
agreement and thus, can be withdrawn; or a FRAUD and therefore the basis of pursuing
penalty for failure to perform.
UCADIA
The only viable solution for restoring Golden Rule of Law
Ucadia is the only viable path to restoring the Golden Rule of Law is
o y p o o g o o
Ucadia

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UCADIA

Law Explained Series

Principal Agent Thing

“official property” “e.g. real property” “e.g. personal property”

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

Actio in Personam = Action against

Right of Statement Claim Complaint

Right of Memorandum Prayer Petition

UCADIA Law Explained Series

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

Jus Usus = Right of Use J s in re Propria = Right of fruits/enjoyment as Owner

Capacity = Legal authority, or qualification, Privilege = Special Grant, freeing

Trustee Beneficiary Trustee Benefit

Rights “e.g. real property” “e.g. real asset”

Absolute is a sale made and Public is a sale made by Voluntary is a sale made

A Bargain is NOT a transfer of title Consideration

Also known as Actual and Also known as Legal = where Where certain acts are made

From Latin Debeo = “to owe; to be bound” From Latin Debito = “a writ (right of action)

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