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UPDATED 2011

FACTS FROM HEARSAY

LAW OF THE LAND

18. On Oct 4th 1982 Congress passed SJR 165, 96 stat 1211 public law 97-280
CONGRESS DECLARES BIBLE "THE WORD OF GOD"

PUBLIC LAW 97-280 OCT. 4, 1982

Public Law 97-280 96 STAT. 1211 (97th Congress)

Joint Resolution
Authorizing and requesting the President
to proclaim 1983 as the "Year of the Bible".

TO BE A PARTY TO A CASE
V. PARTIES > Rule 17.
Rule 17. Plaintiff and Defendant; Capacity; Public Officers

(a) Real Party in Interest.

(3) Joinder of the Real Party in Interest.

The court may not dismiss an action for failure to prosecute in the name of the
real party in interest until, after an objection, a reasonable time has been allowed
for the real party in interest to ratify, join, or be substituted into the action. After
ratification, joinder, or substitution, the action proceeds as if it had been originally
commenced by the real party in interest.

ENTRY OF APPEARANCE

TITLE 10 App. > COURTS > Rule 13

Rule 13. Notice of appearance of counsel

Title 29: Labor


PART 2200—RULES OF PROCEDURE
Subpart B—Parties and Representatives

§ 2200.23 Appearances and withdrawals.

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TITLE 26 App. > TITLE III. > Rule 24

Rule 24. Appearance and Representation

(a) Appearance:

SIGNING OF PLEADINGS

26 USC Appendix Rule 33 - Signing of Pleadings

Tue, 12/22/2009 - 17:48 — caselaw


(a) Signature:
Each pleading shall be signed in the manner provided in Rule 23. Where there is more
than one attorney of record, the signature of only one is required. Except when otherwise
specifically directed by the Court, pleadings need not be verified or accompanied by
affidavit.
(b) Effect of Signature:
The signature of counsel or a party constitutes a certificate by the signer that the signer
has read the pleading; that, to the best of the signers knowledge, information, and belief
formed after reasonable inquiry, it is well grounded in fact and is warranted by existing
law or a good faith argument for the extension, modification, or reversal of existing law;
and that it is not interposed for any improper purpose, such as to harass or to cause
unnecessary delay or needless increase in the cost of litigation. The signature of counsel
also constitutes a representation by counsel that counsel is authorized to represent the
party or parties on whose behalf the pleading is filed. If a pleading is not signed, it shall
be stricken, unless it is signed promptly after the omission is called to the attention of the
pleader. If a pleading is signed in violation of this Rule, the Court, upon motion or upon
its own initiative, may impose upon the person who signed it, a represented party, or
both, an appropriate sanction, which may include an order to pay to the other party or
parties the amount of the reasonable expenses incurred because of the filing of the
pleading, including reasonable counsels fees.

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III. PLEADINGS AND MOTIONS > Rule 11.

Rule 11. Signing Pleadings, Motions, and Other Papers; Representations to the
Court; Sanctions (a) Signature.

Every pleading, written motion, and other paper must be signed by at least one
attorney of record in the attorney's name — or by a party personally if the party is
unrepresented. The paper must state the signer's address, e-mail address, and
telephone number. Unless a rule or statute specifically states otherwise, a
pleading need not be verified or accompanied by an affidavit. The court must
strike an unsigned paper unless the omission is promptly corrected after being
called to the attorney's or party's attention.

IRS CODES Rule 23, Form and Style of Papers (3) Signature: The original signature,
either of the party or the party’s counsel, shall be subscribed in writing to the original of
every paper filed by or for that party with the Court

Code of civil procedure CHAPTER 5 RULE 418.10 personal jurisdiction

418.10. (a) A defendant, on or before the last day of his or her time to plead or within
any further time that the court may for good cause allow, may serve and file a notice of
motion for one or more of the following purposes:

418.11. An appearance at a hearing at which ex parte relief is sought, or an appearance at


a hearing for which an ex parte application for a provisional remedy is made, is not a
general appearance and does not constitute a waiver of the right to make a motion under
Section 418.10.

U.S.GPO STYLE MANUAL


Brackets
Brackets, in pairs, are used—
8.19. In transcripts, congressional hearings, the Congressional Record,
testimony in court work, etc., to enclose interpolations that are not
specifically a part of the original quotation, corrections, explanations,
omissions, editorial comments, or a caution that an error is
reproduced literally.

3. Capitalization Rules
(See also Chapter 4 “Capitalization Examples” and Chapter 9 “Abbreviations and Letter Symbols”)

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4. Capitalization Examples

Nationalities, etc.
5.22. The table on Demonyms in Chapter 17 “Useful Tables” shows forms
to be used for nouns and adjectives denoting nationality.
5.23. In designating the natives of the States, the following forms will be
used.

10. Signs and Symbols

18. Geologic Terms and Geographic Divisions

CORPORATION NAMES

DEL CODE TITLE 8 Chapters 6 § 617: Delaware Code - Section 617:


CORPORATE NAME
The corporate name of a corporation organized under this chapter shall contain either a
word or words descriptive of the professional service to be rendered by the corporation or
shall contain the last names of 1 or more of its present, prospective or former
shareholders or of persons who were associated with a predecessor person, partnership,
corporation or other organization or whose name or names appeared in the name of such
predecessor organization.

Texas Administrative Code


Subject: 1 TAC § 79.31 CORPORATIONS (ENTITY NAMES)
§ 79.31. Characters of Print Acceptable in Names
(a) Entity names may consist of letters of the Roman alphabet, Arabic numerals, and
certain symbols capable of being reproduced on a standard English language typewriter,
or combination thereof.
(b) Only upper case or capitol letters, with no distinction as to type face or font,
will be recognized.

Delaware legislation March 10 1899


“An Act Providing General Corporate Law” This Act allow the corporation to become a
“PERSON”

3 /10/ 1899 which was the Delaware Wilmington trust & the corporate trust company of
America. They went submitted into the Delaware legislation a private bill in called “An

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act providing a general corporate law." In this act that was put before Delaware
legislation to creates the corporation to presume the rights & privileges in the standing of
a person in the human sense but not as a natural person.

. When this happened the bar assoc began changing the definitions of the word “person”
, statue says that a person is a corporation . So the problem occurs when the court brings
me in as a person but fails to clearly define me as a living breathing man, or as a
corporation . If u are bringing me in a natural living breathing human , then the US
Constitution mandates that I have the right to 11th amendment immunity & the court
has no choice but to dismiss this case for lack of jurisdiction .

. If the court recognizes the “person “as a corporation then I too have immunity under
title 28 1608 as a corporation. Because it is stated in title 28 3002 sect 15 a - in the
judiciary in judicial procedure books of usc it clearly defines the UNITED STATES as a
federal corporation & that includes all instruments thereof all departments, all agencies &
entities that come under this are defined as a corporation. So if the court ,the clerks
office , the cities , the county , the state all are political subdivisions of the corporation
as defined in Title 28 3002 , the court & its employees are shown to be a corporation.
So if I appear as a “person” “ defined as a corporation , I have immunity pursuant under r
title 28 the same as the court , the county , the cities , & the state pursuant to 1608 .
At this time I invite u to notice on my writ of error of corum nobis that any party
pursuing a claim against me as a “person “ defined as a corporation will now be required
by law to file with the dept of state against me to have my immunities lifted .

22 USC 286 - Sec. 286. Acceptance of membership by United States in International


Monetary Fund

22 USC - US Code - Title 22: Foreign Relations and Intercourse (January 2003)

The President is hereby authorized to accept membership for the United States in the
International Monetary Fund (hereinafter referred to as the "Fund"), and in the
International Bank for Reconstruction and Development (hereinafter referred to as the
"Bank"), provided for by the Articles of Agreement of the Fund and the Articles of
Agreement of the Bank as set forth in the Final Act of the United Nations Monetary and
Financial Conference dated July 22, 1944, and deposited in the archives of the
Department of State.

TITLE 31 > SUBTITLE I > CHAPTER 1 > § 101. Agency


In this title, “agency” means a department, agency, or instrumentality of the United
States Government.

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28 USC 451 - Sec. 451. Definitions

US Code - Title 28: Judiciary and Judicial Procedure

As used in this title: The term "court of the United States" includes the Supreme Court of
the United States, courts of appeals, district courts constituted by chapter 5 of this title,
including the Court of International Trade and any court created by Act of Congress the
judges of which are entitled to hold office during good behavior.

The terms "district court" and "district court of the United States" mean the courts
constituted by chapter 5 of this title.

The term "judge of the United States" includes judges of the courts of appeals, district
courts, Court of International Trade and any court created by Act of Congress, the judges
of which are entitled to hold office during good behavior.

The term "justice of the United States" includes the Chief Justice of the United States and
the associate justices of the Supreme Court.

The terms "district" and "judicial district" means the districts enumerated in Chapter 5 of
this title.

The term "department" means one of the executive departments enumerated in section
1 of Title 5, unless the context shows that such term was intended to describe the
executive, legislative, or judicial branches of the government.

The term "agency" includes any department, independent establishment, commission,


administration, authority, board or bureau of the United States or any corporation in
which the United States has a proprietary interest, unless the context shows that such
term was intended to be used in a more limited sense.

SUPREME COURT RULING ON CORPORATE PERSON

SANTA CLARA COUNTY v. SOUTHERN PAC. R. CO., 118 U.S. 394 (1886)

A legal person, also called juridical person or juristic person,[1] is a legal entity
through which the law allows a group of natural persons to act as if they were a single
composite individual for certain purposes, or in some jurisdictions, for a single person to
have a separate legal personality other than their own.[2][3] This legal fiction does not
mean these entities are human beings, but rather means that the law allows them to act as
persons for certain limited purposes

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New York Central R. Co. v. United States, 212 U.S. 481 (1909)

United States v. Dotterweich, 320 U.S. 277 (1943)

TITLE 26 > Subtitle F > CHAPTER 75 > Subchapter D > § 7343

Sec. 7343. Definition of the term person.

The term "person" as used in this chapter includes an officer or employee of a


corporation, or a member or employee of a partnership, who as such officer, employee or
member is under a duty to perform the act in respect of which the violation occurs

SUPREME COURT RULING ON THREE UNITED STATES

United States v. Bevans, 16 U.S. 3 Wheat. 336 336 (1818)

United States v. Cruikshank, 92 U.S. 542 (1876).

HOOVEN & ALLISON CO. v. EVATT, OCTOBER TERM, 1944. Syllabus. 324 U.S.

UNITED STATES CORPORATION

TITLE 28 > PART VI > CHAPTER 176 > SUBCHAPTER A > § 3002

§ 3002. Definitions (15) “United States” means—


(A) a Federal corporation;
(B) an agency, department, commission, board, or other entity of the United States;
or
(C) an instrumentality of the United States.

CORPUS JURIS SECUNDUM VOL 20 SECTION 1785 DEFINE THE UNITED


STATES AS A FOREIGN CORPORATION

TITLE 5 > PART I > CHAPTER 1 > § 103

§ 103. Government Corporation

For the purpose of this title—


(1) “Government corporation” means a corporation owned or controlled by the
Government of the United States; and
(2) “Government controlled corporation” does not include a corporation owned by the
Government of the United States.

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Avalon Project Yale

The 13 colonies were not colony by under a corporate charter each name was a
name of a corporation in England.

Charter for the Province of Pennsylvania-1681

Charter of Delaware – 1701

Charter of Georgia: 1732

The Charter of Maryland: 1632

The First Charter of Virginia; April 10, 1606

FOREIGN STATE

1. dept of state questions & answers describing what a foreign state political subdivision
is.

2. read aloud rule 4 j FRCP (1) Foreign State. A foreign state or its political subdivision,
agency, or instrumentality must be served in accordance with 28 U.S.C. § 1608.

3 title 28 1608

4. 49 Stat. 3097; Treaty Series 881 CONVENTION ON RIGHTS AND DUTIES OF


STATES

5. 1945 IOIA –That the International Organizations Act of December 29,


1945 (59 Stat. 669; Title 22, Sections 288 to 2886 U.S.C.) the US
relinquished every office

6. JJ Boesel attempted to get the INTERNATIONAL REORGANIZATION


RECISION ACT HOUSE RESOLUTION 2632: rescinded & failed (this doc
demonstrated to the Supreme Court that the US is part of the UN & no longer sovereign.

7. Oath 22 cfr – falls under the heading of a Foreign Relations92.12- 92.32 oath falls
under foreign status

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8. title 8 1481 – Loss of nationality by native-born or naturalized citizen; voluntary
action; burden of proof; presumptions

9. 23 CFR highway safety act 1250 says 40 % goes to political subdivision, this same
political subdivision is the one 1481 referred back to in rule 4j & title 28 1608 & refers
back to the dept of States questions & answers which puts anyone who has taken an oath
of office to be a public employee under the FSIA showing you are a member of a foreign
state.

10. Title 22 USC – under foreign state –foreign relations & intercourse – under chapter

11. – foreign agent ….this is how the foreign state came about.

11. So you derive your immunity from the 11th amendment of the US Constitution, and if
I were to attempt to sue you, you would assert that I am a foreign state. In that event that
you show I am an agent of a foreign state, likewise if you bring suit, you become the
foreign state.

12 Then the only court that has jurisdiction to hear this case is under title 28 1330 which
is the federal claims court in DC , in which case it must be proven that I am a
corporation for this case to be heard in that venue .For this to be proven , there must be a
current filing with the secretary of the state of Florida for a corporate registration or
charter .

TITLE 8 > CHAPTER 12 > SUBCHAPTER I > § 1101


(14) The term “foreign state” includes outlying possessions of a foreign state, but self-
governing dominions or territories under mandate or trusteeship shall be regarded as
separate foreign states.

ADMINISTRATIVE NOTICE; IN THE NATURE OF WRIT OF ERROR CORAM

NOBIS & A DEMAND FOR DISMISSAL OR STATE THE PROPER

JURISDICTION. Pursuant to FRCP Rule 4 (j)

This Court is defined under FRCP Rule 4 (j) as a FOREIGN STATE as defined

under 28 USC 1602 -1611 FOREIGN SOVEREIGN IMMUNITY ACT (FSIA) is being

jurisdictionally challenge and full disclosure of the true jurisdiction of this Court is now

being demand.

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Any failure to disclose the true jurisdiction is a violation of 15 Statutes at Large,
Chapter 249 (section 1), enacted July 27 1868

Chap. CCXLIX. ---An Act concerning the Rights of American Citizens in foreign States

Whereas the rights of expatriation is a nature and inherent right of all people,
indispensable to the enjoyment of the rights of life, liberty, and the pursuit of happiness;
and whereas in the recognition of this principle this government has freely received
emigrants from all nations, and invested them with the right of citizenship; and whereas
it is claimed that such American citizens, with their descendants, are subjects of foreign
states, owing allegiance to the government thereof; and whereas it is necessary to the
maintenance of public peace that this claim of foreign allegiance should be promptly
and finally disavowed; Thereof.

Be it enacted by the Senator and the House of Representatives of the United


States of American in Congress assembled, That any declaration, instruction, opinion,
order, or decision, of any officers of is government which denies., restricts , impairs or
questions the rights of expatriation , is hereby declared inconsistent with the fundamental
principles of this government.

As an America Citizen I hold the inherent right of the 11th amendment. The

judicial power shall not be construed to extend to any suit in law or equity, commenced

or prosecuted by a Foreign State. If this FOREIGN STATE is misusing the name of this

America Citizen by placing it in all caps or misusing the last name or using the term

“person” as a CORPORATION all complaints and suit against such CORPORATION fall

under the FSIA and the DEPT OF STATE OFFICES in Washington DC. DC now has to

be notify pursuant to 22 CFR 93.1 -93.2. A copy of the FSIA has to be filed with the

complaint to the defendant’s chief executive officer of that CORPORATION.

MUNICIPAL, COUNTY, OR STATE COURT lacks jurisdiction to hear any case

under the FOREIGN STATE definitions. This jurisdiction lies with the UNITED STATES

DISTRICT COURT under the FSIA Statutes pursuant to 28 USC 1330.

Because the Defendant is a non corporate entity and is not registered with any

Secretary of State as a CORPORATION the Prosecution has FAILED to state a claim to

which relief can be granted under 12(b) (6). Therefore this matter must be dismissed for

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lack of political, personam, and subject matter jurisdiction, Venue and under the 11th

amendment.

DUTIES PRACTICES AND PROCEDURE OF OFFICE

1. Article of Confederation

2. Federalist Papers

3. Constitution under the intent of the federalist papers

4.1801 to date Jefferson Manual for the House of Representatives

5.1801 Jefferson Manual until 1913 Senate Manual to date for the Senate

6. Article 2 of the Constitution control and dictates to the Executive office

7. Article III

8. Judiciary Act 1789 created the Article III courts.

9. Enabling Rule Act of 1934-1938 created the Rules of Courts.

10. Administrative Procedure Act of 1946 60 stat 237 created the administrative courts
and how they are to operate under administrative under Title 5 and Title 28 of the U.S.

SEVEN ELEMENTS OF JURISDICTION

Below are the seven issues of jurisdiction in any and every court case. Remember, if any
one of these seven are not proven beyond a reasonable doubt, the case cannot continue.

1. The accused must be properly identified; identified in such a fashion there is no room
for mistaken identity. The individual must be singled out from all others; otherwise,
anyone could be subject to arrest and trial without benefit of "wrong party" defense.
Almost always the means of identification is a person's proper name, BUT, any means of
identification is equally valid if said means differentiates the accused without doubt. (By
the way, there is no constitutionally valid requirement that you must identify yourself to
the judge or to anyone.) For stop and identify issues (4th Amendment) see Brown v.
Texas, 443 US 47 and Kolender v Lawson, 461 US 352.

2. The statute of offense must be identified by its proper or common name. A number is
insufficient. Today, a citizen may stand in jeopardy of criminal sanctions for alleged

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violation of statutes, regulations, or even low-level bureaucratic orders (example:
Colorado National Monument Superintentdent's Orders regarding an unleashed dog, or a
dog defecating on a trail). If a number were to be deemed sufficient, government could
bring new and different charges at any time by alleging clerical error. ("I'm sorry, your
Honor. I assumed that the regulation indicated by that number was a legitimate statute.
My secretary must have made an error.") For any act to be triable as an offense, it must
be declared to be a crime. Charges must negate any exception forming part of the
statutory definition of an offense, by affirmative non-applicability. In other words, any
charge must affirmatively negate any exception found in the law. Example of exception
from a case where someone was on trial for Section 7203, Wilfull Failure to File(a Form
1040): "... thereof to make a return (other than a return required under authority of
6015)... Indictment or information is defective unless every fact which is an element in a
prima facie case of guilt is stated. The assumption of an element is not lawful. Otherwise,
the accused will not be thoroughly informed. 26 USC 6012 is a necessary element of the
offense. Since 6012 isn't cited, the information is fatally defective. Additionally, the
information did not negate the exception (other than required under authority of section
6015)." After reading 6012 and 6015, and knowing that the essential section 7203
elements are: A. Required to perform. B. Failed to perform. C. Failure was willful you
may wish to ask, "how often is a valid Section 7203 indictment or other information or
indictment brought? Very seldom. How many citizens have been convicted on a fatally
defective process? Perhaps thousands, all with the knowing or willing participation of a
federal judge. It is the judge's job to assure that justice is accomplished. But the judge
will almost always stop short of doing his/her job and wait until the defense takes the
important steps. The fact that most defense attorneys don't know how to fight a case
against the IRS doesn't seem to matter to the judges. Nor does it seem to matter to the
judge

3. The acts of alleged offense must be described in non- prejudicial language and detail
so as to enable a person of average intelligence to understand nature of charge (to enable
preparation of defense); the actual act or acts constituting the offense complained of. The
charge must not be described by parroting the statute; not by the language of same. The
naming of the acts of the offense describe a specific offense whereas the verbiage of a
statute describes only a general class of offense. Facts must be stated. Conclusions cannot
be considered in the determination of probable cause.

4. The accuser must be named. He may be an officer or a third party. Some positively
identifiable person (human being) must accuse. Some certain person must take
responsibility for the making of the accusation, not an agency or an institution. This is the
only valid means by which a citizen may begin to face his accuser. Also, the injured party
(corpus delicti) must make the accusation. Hearsay evidence may not be provided.
Anyone else testifying that he heard that another party was injured does not qualify as
direct evidence.

5. The accusation must be made under penalty of perjury. If perjury cannot reach the
accuser, there is no accusation. Otherwise, anyone may accuse another falsely without
risk.

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6. To comply with the five elements above, that is for the accusation to be valid, the
accused must be accorded due process. Accuser must have complied with law, procedure
and form in bringing the charge. This includes court-determined probable cause,
summons and notice procedure. If lawful process may be abrogated in placing a citizen in
jeopardy, then any means may be utilized to deprive a man of his freedom. All political
dissent may be stifled by utilization of defective process.

7. The court must be one of competent jurisdiction. To have valid process, the tribunal
must be a creature of its constitution, in accord with the law of its creation, i.e. (article III
judge).

Without the limiting factor of a court of competent jurisdiction, all citizens would be in
jeopardy of loss of liberty being imposed at any bureaucrat's whim. It is conceivable that
the procedure could devolve to one in which the accuser, the trier of facts, and the
executioner would all be one and the same.

The first six elements above deal primarily with the issue of personal jurisdiction. The
seventh element (also element #2) addresses subject matter and territorial jurisdiction.
Subject matter jurisdiction is conferred by acts controlled by law; territorial jurisdiction
attaches by venue of the parties in relation to the court and to any trans- jurisdictional acts
and/or activities of the parties (extended territorial jurisdiction is conferred by
controversial long-arm statutes).

SUBJECT MATTER & NATURE & CAUSE LAWS & Jurisdiction

NATURE

As shown by Western Union Tel. Co. v. Andrews, Hastings v. Selby Oil & Gas
Co. and Peters v. Veasey, the Nature of the accusation is the type of law where a
violation could occur. There are many types of law, which have their own rules of
procedure.

Just some of the Laws that could be stated as the Nature of an accusation could be
as follows:

Administrative law - Admiralty - Alternative dispute resolution - Appellate review -

Brehon Laws - Civil procedure - Civil rights - Commercial law - Comparative law -

Consuetudinary law - Contracts - Constitutional law - Courts of England and Wales -

Corporations law - Criminal law - Criminal procedure - Election law - Environmental

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law - Equity - Evidence - Family law - Fiduciary - Human rights - Immigration -

Intellectual property - Jurisprudence - Law and economics - Agency - Law of

Obligations - Labor law - Land use - List of items for which possession is restricted-

Military law - Philosophy of law - Practice of law - Private law- Procedural law -

Property law - Public Health law - Public Law - Religious law - Statutory law - Tax law

- Technology law - Torts - Trusts and estates - Cyber law - Water law

Cause

The Accused request the Nature of the accusation as by the type of Law that was violated.
CAUSE

The Cause of the accusation is the law, rule, code, ordinance, statute, regulation, policy,

or by which means the prosecutor can find remedy of the action.

The Accused request information from the prosecutor for the Cause of the Action.

A mere statement of the Charge is vague and does not show all elements of the charge

so that an actual defence of the true charges can be administered.

The Accused request the Nature and Cause of the Accusation(s) from the Prosecutor

before jurisdiction can be established

1at Law,

2 in Equity,

3 in Admiralty:

(l) Law is the collective organization of the individual right to lawful defence. It is the
will of the majority, the organization of the natural right of lawful defence. It is the
substitution of a common force for individual forces, to do only what the individual
forces have a natural and lawful right to do: to protect persons, liberties, and properties;
to maintain the right of each, and to cause justice to reign over us all. Since an individual
cannot lawfully use force against the person, liberty, or property of another individual,
then the common force -- for the same reason -- cannot lawfully be used to destroy the

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person, liberty, or property of individuals or groups. Law allows you to do anything you
want to, as long as you don't infringe upon the life, liberty or property of anyone else.
Law does not compel performance. Today's so-called laws (ordinances, statutes, acts,
regulations, orders, precepts, etc.) are often erroneously perceived as law, but just
because something is called a "law" does not necessarily make it a law. [There is a
difference between "legal" and "lawful." Anything the government does is legal, but it
may not be lawful.]

(2) Equity is the jurisdiction of compelled performance (for any contract you are a party
to) and is based on what is fair in a particular situation. The term "equity" denotes the
spirit and habit of fairness, justness, and right dealing which would regulate the
intercourse of men with men. You have no rights other than what is specified in your
contract. Equity has no criminal aspects to it.

(3) Admiralty is compelled performance plus a criminal penalty, a civil contract with a
criminal penalty

DEFAULT INFORAMATION

Default judgment is a binding judgment in favor of the plaintiff when the defendant has
not responded to a summons or has failed to appear before a court of law.

In the United States the law relating to a default judgment depends upon the jurisdiction
within which the civil action was filed. State Courts, United States Federal Courts, Tribal
Courts and many Administrative Agencies have their own laws and local procedural rules
relating to the granting and setting aside of a default judgment. The Federal Rules of
Civil Procedure (Rules 55 and 60) are the basis for many procedures in default.

default 1) n. failure to respond to a summons and complaint served on a party in the time
required by law. If a legal answer or other response is not filed, the suing party (plaintiff) can
request a default be entered in the record, which terminates the rights of the defaulting party to
defend the case. 2) the failure to make a payment when due, which can lead to a notice of default
and the start of foreclosure proceedings if the debt is secured by a mortgage or deed of trust. 2)
v. to fail to file an answer or other response to a summons and complaint, or fail to make a
payment when due.

CRIMINAL RULE OF PROCEDURE Rule 11. IV. ARRAIGNMENT AND


PREPARATION FOR TRIAL > (4) Failure to Enter a Plea. If a defendant refuses to
enter a plea or if a defendant organization fails to appear, the court must enter a plea of
not guilty.)

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Failure to appear is the legal term for the failure of a defendant or respondent to appear

within the stated time before a tribunal as directed in a summons. Where the conduct

alleged in the summons or complaint is an infraction or summary offence, failure to

appear is a crime for which a bench-warrant can be issued if the defendant promised to

appear. If the conduct alleged is a tort or other cause for civil action, failure to appear

generally results in a default judgment by the court in favor of the plaintiff/petitioner.

ARTICLE 30: COMPLAINTS, GRIEVANCES AND ARBITRATIONS

30.4 Definitions

ARTICLE 30: COMPLAINTS, GRIEVANCES AND ARBITRATIONS

30.10 Failure to Respond

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Va. Code § 2.2-3003(C); Grievance

COMMONWEALTH of VIRGINIA
Department of Employment Dispute Resolution

CONCLUSION
For the reasons discussed above, this Department has determined that the grievant timely
challenged the agency’s alleged ongoing failure to respond to her complaint regarding her co-
worker and to provide her with an explanation for her reassignment. However, the grievant’s
challenge to her apparent removal from Transportation was made outside the 30-day period
and that portion of her grievance may be administratively closed by the agency. By copy of
this ruling, the parties are advised that within five workdays of the receipt of this ruling, the
first-step respondent must respond to the grievance as set forth in this ruling. This
Department’s rulings on matters of compliance are final and nonappealable.4

The Florida Statutes

Title X
PUBLIC OFFICERS, EMPLOYEES, AND RECORDS

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Chapter 120
ADMINISTRATIVE PROCEDURE ACT

120.545 Committee review of agency rules

(5) Failure of the agency to respond to a committee objection to a rule that is in effect
within the time prescribed in subsection (3) constitutes a refusal to amend or repeal the
rule.

CODE OF CIVIL PROCEDURE


SECTION 585-587.5
585. Judgment may be had, if the defendant fails to answer the complaint, as follows:

FORM OF ACTION

There are two forms of action 1st is civil and the 2nd is under the TWEA under Title 50
criminal

I SCOPE OF RULES > Rule 2. Rule 2. One Form of Action There is one form of action
— the civil action.

Title 50 App. TWEA

SECTION TITLE 50 > CHAPTER 3 > § 23


§ 23. Jurisdiction of United States Courts and Judges; “After any such proclamation has
been made, the several courts of the United States, having criminal jurisdiction,” All
judgments’ against the people fall under criminal. .This is why the Courts refuse to
answer the challenges of jurisdiction. Under the TWEA this is but one jurisdiction and
that jurisdiction is criminal.

TITLE 50, APPENDIX App. > TRADING > ACT > § 2


§ 4. Licenses to enemy or ally of enemy insurance or reinsurance companies; change of
name; doing business in United States.

§ 5. Suspension of provisions relating to ally of enemy; regulation of transactions in


foreign exchange of gold or silver, property transfers, vested interests, enforcement and
penalties The federal Congress has failed to provide for the Punishment of counterfeiting
the Securities and current coin of the United States in contradiction to Article I Section 8
Clause 6 by implementing the FRB in 1913; HJR 192 - Federal Reserve Notes are NOT
lawful money - "payment is declared to be against public policy" (31 U.S.C. 5118(d)).

17
§ 21. Claims of naturalized citizens as affected by expatriation
The claim of any naturalized American citizen under the provisions of this Act [sections
1 to 6, 7 to 39, and 41 to 44 of this Appendix] shall not be denied on the ground of any
presumption of expatriation which has arisen against him, under the second sentence of
section 2 of the Act entitled “An Act in reference to the expatriation of citizens and their
protection abroad,” approved March 2, 1907, if he shall give satisfactory evidence to the
President, or the court, as the case may be, of his uninterrupted loyalty to the United
States during his absence, and that he has returned to the United States, or that he,
although desiring to return, has been prevented from so returning by circumstances
beyond his control.

Fed. R. Civ. P. II. COMMENCEMENT OF ACTION > Rule 5.1


Rule 5.1. Constitutional Challenge to a Statute - Notice, Certification, and Intervention

Fed .R. Civ. P. XI. GENERAL PROVISIONS > Rule 81.


Rule 81. Applicability of the Rules in General; Removed Actions
GRAND JURY
Federal Rules of Criminal Procedure
III. GRAND JURY, INDICTMENT, INFORMATION > Rule 6.

(b) Objection to the Grand Jury or to a Grand Juror.

(1) Challenges.

Either the government or a defendant may challenge the grand jury on the ground that it
was not lawfully drawn, summoned, or selected, and may challenge an individual juror
on the ground that the juror is not legally qualified.

(2) Motion to Dismiss an Indictment.

A party may move to dismiss the indictment based on an objection to the grand jury or on
an individual juror’s lack of legal qualification, unless the court has previously ruled on
the same objection under Rule 6(b)(1). The motion to dismiss is governed by 28 U.S.C. §
1867(e). The court must not dismiss the indictment on the ground that a grand juror was
not legally qualified if the record shows that at least 12 qualified jurors concurred in the
indictment.

TITLE 28 > PART V > CHAPTER 121 > § 1867. Challenging compliance with
selection procedures

(e) The procedures prescribed by this section shall be the exclusive means by which a
person accused of a Federal crime, the Attorney General of the United States or a party in
a civil case may challenge any jury on the ground that such jury was not selected in

18
conformity with the provisions of this title. Nothing in this section shall preclude any
person or the United States from pursuing any other remedy, civil or criminal, which may
be available for the vindication or enforcement of any law prohibiting discrimination on
account of race, color, religion, sex, national origin or economic status in the selection of
persons for service on grand or petit juries.

FOUNDATION FOR ALL ADMINISTATIVE LICENSING


ADMINISTRATIVE PROCEDURE TITLE 5 U.S.C.
SECTION 552 FOIA, CFR TITLE 28 JUDICIAL
ADMINISTRATION PART 16-PRODUCTION OR
DISCLOSURE OF MATERIAL OR INFORMATION

PUBLIC RECORDS UNDER THE U.S.C. TITLE 5 SEC.552 FOIA

ADMINISTRATIVE AND PUBLIC LAWS

1. This request is made pursuant to the provisions of the Freedom of Information

Act 5 U.S.C. §552 and the Privacy Act 5 U.S.C. §552a (d) (1) for a full disclosure

and release of all records and/or data contained in the files of your Department

and/or Agency under Petitioner's name and/or identifier to Petitioner's name.

This request sought herein is for Bond Information and/or Commercial Crimes

Bonding Information and/or Case Bonding Information and/or Commercial

Crimes Bonding Certification 5 U.S.C. §552 (a)(2)(A)(B) of records that are

secured and maintained by your Department and/or Agency.

2., CFR Title 28: JUDICIAL ADMINISTRATION PART 16—PRODUCTION OR

DISCLOSURE OF MATERIAL OR INFORMATION

a) This subpart sets forth procedures to be followed with respect to the production

or disclosure of any material contained in the files of the Department, any

19
information relating to material contained in the files of the Department, or any

information acquired by any person while such person was an employee of the

Department as a part of the performance of that person's official duties or because

of that person's official status:

3 Public law 1, 48 stat. 1. Refer to H.R 1491 to which the U.S. GOVT. & the State

are the Trustee of the Trust created under this Public Law 1 which placed all

property of the people into the U.S. GOVT & State possession as a trust to use

as a credit line.

4. Public Law 10 chapter 48, 48 stat 112. Refers to H.J.R.192 which removed all

the lawful gold and silver from the State to pay its employees and gave the people

the means to receive pay for sweat equity and pay debt. . 1933 – President

Roosevelt passed HJR 192 June 5, 1933 – since the government had taken the

gold, and the people had no money, the government would pay the ‘debts’ for the

people, thereby giving them unlimited credit. Whoever has the gold pays the bills.

This legislation states that one cannot demand from you a certain form of

currency, since any form and all forms of currency are your credit. If they do, they

are in breach of Public Policy, PL 7310. Not only does this insurance policy

protect the legislators from conviction for fraud and treason but also it protects the

people from damages cause by the Federal & State government.

5. Under the law of Cestui Que Vie Act 1666 I declare that I am a living flesh and

blood being and not dead and hold position of Beneficiary on say document filed

into the Department of Commerce in Washington D.C. on my live birth for the

use of credit under Public Law 1. 48 stat 1 in reference to H.R 1491.

20
6. The Court Judge and both Attorney being educated in the Law of Commerce,

Statute Merchant and the Laws having knowledge of Statute at Large Vol 48 of

1933-1934 pages 1-112 and Title 12 U.S.C 95 b and its reference to Public Law

91 40 stat 411 of Oct 6 1917.refer to H.R 4960 Trading with the Enemy Act.

Understand that they are under the title of foreign agent as listed in Title 22

chapter 11 sections 611, 612 and are unregistered and unlicensed and are required

to be registered as debt collectors to sell or otherwise Transfer any unregistered

securities.

7. North Carolina Securities Act & Investment Advisors Act N.C.G...S.78A & 18

U.S.C. § 1956 : US Code - Section 1956: Laundering of monetary instruments

(a)(1) Whoever, knowing that the property involved in a financial transaction


represents the proceeds of some form of unlawful activity, conducts or attempts to
conduct such a financial transaction which in fact involves the proceeds of
specified unlawful activity -
(A)(i) with the intent to promote the carrying on of specified unlawful activity; or
(ii) with intent to engage in conduct constituting a violation of section 7201 or
7206 of the Internal Revenue Code of 1986; or
(B) knowing that the transaction is designed in whole or in part -
(i) to conceal or disguise the nature, the location, the source, the ownership, or the
control of the proceeds of specified unlawful activity; or
(ii) to avoid a transaction reporting requirement under State or Federal law,
shall be sentenced to a fine of not more than $500,000 or twice the value of the
property involved in the transaction, whichever is greater, or imprisonment for not
more than twenty years, or both.

8. This Court of Record & both Attorneys are Public Trustees and Debtors in

possession by Oaths of Office under Chapter 11 reorganization and are acting as

Trustees to the Bankrupt Estate under P.L. 7310 48 stat 31 of the Agricultural

21
Adjustment Act of 1938. The Bankruptcy Act of 1826 place the U.S. Secretary of

Treasury, Comptroller of Currency & the Department of Agricultural in charge of

the 1933 Public Law 10 Chapter 48, 48 stat 112 & Public Law 1 48 stat 1 all

property are registered and Titled to the STATE OF NORTH CAROLINA and the

State is required to pay all taxes and all up keep and discharge this debt for the

people.

9 The Courts, the Defendants and their Attorneys are using unlawful Tax

Warrants of Attorney as puts and calls to purchase Equity Securities and to steal

this Beneficiary's Money using GSA FORMS SF 24 BID BOND, SF 25

PERFORMANCE BOND, and SF 25A PAYMENT BOND and MILLER

REINSURANCE AGREEMENTS 273, 274 and 275.

10 The Courts the defendants and both Attorneys are required by U.S. PATRIOT

ACT to reveal the source of their funds by filing Currency Transaction Reports,

Currency and Monetary Instrument Transportation Forms (CMIR’s) under §§

5311 et seq. of 31 U.S.C. of THE BANK SECRECY ACT and 31 CFR § 103.11

regulations et seq., under the U.S. PATRIOT ACT and SEC Rule 17a-8, which

applies to all broker-dealers, incorporates the requirements of the Bank Secrecy

Act to file reports and maintain records showing the source of the funds.

Release of Information Under FOIA


Title 28: JUDICIAL ADMINISTRATION PART 16

11 The defendants and their attorneys all have to verify and prove that the petitioner

John –Doe; Smith is not who he says he is.

12 The defendants and their attorneys will have to verify and prove that the

22
petitioner is not a living breathing flesh and blood man.

13 Or prove that he is an artificial person or deceased .

14 The defendant’s and their attorneys will have to verify and prove that the

petitioners licenses, certificate of birth, property deeds and etc does not come

under public Law 1, 48 stat 1in reference to HR 1491 and Public Law 91 40

stat 411 of Oct 6 1917.refer to H.R 4960 Trading with the Enemy Act..

15 The defendants and their attorneys will be required to prove that the petitioner's

means of transportation the certificate of Title does not come under public Law

1, 48 stat 1 in reference to HR 1491 and Public Law 91 40 stat 411 of Oct 6

1917.refer to H.R 4960 Trading with the Enemy Act..

16 The defendants and their attorneys will be required to provide evidence of

internal revenue forms W-2 , 1099 or 1040 form as they are claiming to be

private contractors or private entities.

17 The defendant’s and their attorneys will be required to provide evidence of an

internal revenue forms of 1099C change of corporate status from that standing

of a public office to such private contractors.

18 The defendants and their attorneys will be required to provide the E I N number

or T I N number for the change in status of a public office to that of a private

Corporation for tax purposes.

19 The defendants and their attorneys will be required to provide GSA FORMS SF

24 BID BOND, SF 25 PERFORMANCE BOND, and SF 25A PAYMENT

BOND and MILLER REINSURANCE AGREEMENTS 273, 274 and 275 of all

23
traffic stops and traffic violations and any other Court case in____________

County.

20 .The defendants and their attorneys will be required to show their licensing as

foreign agents who are able to buy, sell and transfer unregistered securities.

21 The defendants and their attorneys are required to provide evidence and proof

that the Petitioner's traffic stop on October 20, 2010 does not conform to 27

CFR 72.11 Commercial Crimes.

22 The defendants and their attorneys will be required to provide evidence and

proof of a performance in paying the bond under the Miller Act as found in title

40 USC section 270 a -2 70 D.-1 as defendants are claiming to be a private

entity and private contractor and not constitutional public officers.

23 The defendants and their attorneys will be required to provide evidence and

proof of who pays the private entities and private contractors, is it the State of

________________or a private Corporation.

24 The defendants and their attorney will be required to provide evidence of the

method of payment being in gold and silver in violation of Public Law 10

chapter 48, 48 statute 112 or in private currency known as Federal Reserve

notes.

25 The defendants and their attorneys will be required to provide documentation

and licensing and lawful authority in order to be a debt collector under the

Bankruptcy of 1933 and the state of emergency under U.S.C. Title 12 sections

95b.

24
26 The defendants and their attorneys will be required to provide evidence and

documentation to explain why they have failed to comply Public Law 10

Chapter 48, 48 stat 112 & Public Law 1, 48 stat 1 and Public Law 91 40 stat

411 of Oct 6 1917 and why they failed to discharge the debt.

CONCLUSION

The Petitioner has provided administrative law that allows for freedom of

information to be given to the Petitioner as to why the defendants have failed to comply

with the rules, regulations, public law, and policies. Such violations come under Title 31

Money and Finances under section 3729; False Claims and has a remedy under U.S.

Constitution 14th amendment section 4 bounty against public debt.

Army regulation 840-10 Gold Fringe

Gold Fringe on the US Flag represents = Maritime Law

The Admiralty flag is in every court house in the US. But they are federal enclaves and
do not represent US law. Entering in to such a court is entering in to a foreign jurisdiction
where they trick you in to becoming subordinate to their jurisdiction. Here is a good place
to start

Used in military courts, as I understand it. Also represents Maritime law, which is NOT
subject to the US Constitutional confines!

Some Judges know exactly what it stands for (Maritime, or Military Law), while many
others don't have a clue.

25
ARMY REGULATION FLAG AS FOUND UNDER AR.840-10

Admiral flag

ARTICLE III COURTS OR ELEVENTH NO JURISDICTION

Section 2 - Trial by Jury, Original Jurisdiction, Jury Trials

(The judicial Power shall extend to all Cases, in Law and Equity, arising under this
Constitution, the Laws of the United States, and Treaties made, or which shall be made,
under their Authority; to all Cases affecting Ambassadors, other public Ministers and
Consuls; to all Cases of admiralty and maritime Jurisdiction; to Controversies to which
the United States shall be a Party; to Controversies between two or more States; between
a State and Citizens of another State; between Citizens of different States; between
Citizens of the same State claiming Lands under Grants of different States, and between a
State, or the Citizens thereof, and foreign States, Citizens or Subjects.) (This section in
parentheses is modified by the 11th Amendment.)

Amendment 11 - Judicial Limits. Ratified 2/7/1795.

The Judicial power of the United States shall not be construed to extend to any suit in law
or equity, commenced or prosecuted against one of the United States by Citizens of
another State, or by Citizens or Subjects of any Foreign State.

26
Fiduciary Relationship

63C Am.Jur.2d, Public Officers and Employees, §247


“As expressed otherwise, the powers delegated to a public officer are held in trust
for the people and are to be exercised in behalf of the government or of all cit
izens who may need the intervention of the officer. Furthermore, the view has
been expressed that all public officers, within whatever branch and whatever level
of government, and whatever be their private vocations, are trustees of the people,
and accordingly labor under every disability and prohibition imposed by law upon
trustees relative to the making of personal financial gain from a discharge of their
trusts. That is, a public officer occupies a fiduciary relationship to the political en
tity on whose behalf he or she serves. and owes a fiduciary duty to the public. It
has been said that the fiduciary responsibilities of a public officer cannot be less
than those of a private individual. Furthermore, it has been stated that any enter
prise undertaken by the public official which tends to weaken public confidence
and undermine the sense of security for individual rights is against public policy.”

McNally v. United States, 483 U.S. 350 (1987)

Fraud in its elementary common law sense of deceit -- and this is one of the
meanings that fraud bears [483 U.S. 372] in the statute, see United States v. Dial,
757 F.2d 163, 168 (7th Cir.1985) -- includes the deliberate concealment of
material information in a setting of fiduciary obligation. A public official is a
fiduciary toward the public, including, in the case of a judge, the litigants who
appear before him, and if he deliberately conceals material information from
them, he is guilty of fraud. When a judge is busily soliciting loans from counsel

DEFINITION OF FIREARM

27 CFR 479.11 - Meaning of terms.

27
Firearm. (a) A shotgun having a barrel or barrels of less than 18 inches in length; (b) a
weapon made from a shotgun if such weapon as modified has an overall length of less
than 26 inches or a barrel or barrels of less than 18 inches in length; (c) a rifle having a
barrel or barrels of less than 16 inches in length; (d) a weapon made from a rifle if such
weapon as modified has an overall length of less than 26 inches or a barrel or barrels of
less than 16 inches in length; (e) any other weapon, as defined in this subpart; (f) a
machine gun; (g) a muffler or a silencer for any firearm whether or not such firearm is
included within this definition; and (h) a destructive device. The term shall not include an
antique firearm or any device (other than a machine gun or destructive device) which,
although designed as a weapon, the Director finds by reason of the date of its
manufacture, value, design, and other characteristics is primarily a collector's item and is
not likely to be used as a weapon. For purposes of this definition, the length of the barrel
having an integral chamber(s) on a shotgun or rifle shall be determined by measuring the
distance between the muzzle and the face of the bolt, breech, or breech block when
closed and when the shotgun or rifle is cocked. The overall length of a weapon made
from a shotgun or rifle is the distance between the extreme ends of the weapon measured
along a line parallel to the center line of the bore.

TITLE 26 > Subtitle E > CHAPTER 53 > Subchapter B > PART I > § 5845

§ 5845. Definitions

For the purpose of this chapter—


(a) Firearm
The term “firearm” means
(1) a shotgun having a barrel or barrels of less than 18 inches in length;
(2) a weapon made from a shotgun if such weapon as modified has an overall length of
less than 26 inches or a barrel or barrels of less than 18 inches in length;
(3) a rifle having a barrel or barrels of less than 16 inches in length;
(4) a weapon made from a rifle if such weapon as modified has an overall length of less
than 26 inches or a barrel or barrels of less than 16 inches in length;
(5) any other weapon, as defined in subsection (e);
(6) a machinegun;
(7) any silencer (as defined in section 921 of title 18, United States Code); and

28
(8) a destructive device. The term “firearm” shall not include an antique firearm or any
device (other than a machinegun or destructive device) which, although designed as a
weapon, the Secretary finds by reason of the date of its manufacture, value, design, and
other characteristics is primarily a collector’s item and is not likely to be used as a
weapon

REMEDY UNDER THE 14TH AMENDMENT AND TRADING WITH THE


ENEMY ACT
15 Statutes at Large, Chapter 249 (section 1), enacted July 27 1868

Chap. CCXLIX. ---An Act concerning the Rights of American Citizens in foreign
States

Whereas the rights of expatriation is a nature and inherent right of all people,
indispensable to the enjoyment of the rights of life, liberty, and the pursuit of happiness;
and whereas in the recognition of this principle this government has freely received
emigrants from all nations, and invested them with the right of citizenship; and whereas
it is claimed that such American citizens, with their descendants, are subjects of foreign
states, owing allegiance to the government thereof; and whereas it is necessary to the
maintenance of public peace that this claim of foreign allegiance should be promptly
and finally disavowed; Thereof.

Be it enacted by the Senator and the House of Representatives of the United


States of American in Congress assembled, That any declaration, instruction, opinion,
order, or decision, of any officers of is government which denies., restricts , impairs or
questions the rights of expatriation , is hereby declared inconsistent with the fundamental
principles of this government.

T Chap. CCXLIX. ---An Act concerning the Rights of American Citizens in foreign
States
ITLE 50, APPENDIX App. > TRADING > ACT > § 21
§ 21. Claims of naturalized citizens as affected by expatriation
The claim of any naturalized American citizen under the provisions of this Act [sections
1 to 6, 7 to 39, and 41 to 44 of this Appendix] shall not be denied on the ground of any
presumption of expatriation which has arisen against him, under the second sentence of
section 2 of the Act entitled “An Act in reference to the expatriation of citizens and their
protection abroad,” approved March 2, 1907, if he shall give satisfactory evidence to the
President, or the court, as the case may be, of his uninterrupted loyalty to the United

29
States during his absence, and that he has returned to the United States, or that he,
although desiring to return, has been prevented from so returning by circumstances
beyond his control.

WAVIER OF IMMUNITY OF THE GOVERNMENT


TITLE 15 > CHAPTER 22 > SUBCHAPTER III > § 1122

§ 1122. Liability of United States and States, and instrumentalities and officials thereof

(a) Waiver of sovereign immunity by the United States


The United States, all agencies and instrumentalities thereof, and all individuals, firms,
corporations, other persons acting for the United States and with the authorization and
consent of the United States, shall not be immune from suit in Federal or State court by
any person, including any governmental or nongovernmental entity, for any violation
under this chapter.
(b) Waiver of sovereign immunity by States
Any State, instrumentality of a State or any officer or employee of a State or
instrumentality of a State acting in his or her official capacity, shall not be immune, under
the eleventh amendment of the Constitution of the United States or under any other
doctrine of sovereign immunity, from suit in Federal court by any person, including any
governmental or nongovernmental entity for any violation under this chapter.
(c) Remedies
In a suit described in subsection (a) or (b) of this section for a violation described therein,
remedies (including remedies both at law and in equity) are available for the violation to
the same extent as such remedies are available for such a violation in a suit against any
person other than the United States or any agency or instrumentality thereof, or any
individual, firm, corporation, or other person acting for the United States and with
authorization and consent of the United States, or a State, instrumentality of a State, or
officer or employee of a State or instrumentality of a State acting in his or her official
capacity. Such remedies include injunctive relief under section 1116 of this title, actual
damages, profits, costs and attorney’s fees under section 1117 of this title, destruction of
infringing articles under section 1118 of this title, the remedies provided for under
sections 1114, 1119, 1120, 1124 and 1125 of this title, and for any other remedies
provided under this chapter.

TITLE 42—THE PUBLIC HEALTH AND WELFARE

TITLE 42 > CHAPTER 126 > SUBCHAPTER IV > § 12202. State immunity

A State shall not be immune under the eleventh amendment to the Constitution of the
United States from an action in [1] Federal or State court of competent jurisdiction for a
violation of this chapter. In any action against a State for a violation of the requirements

30
of this chapter, remedies (including remedies both at law and in equity) are available for
such a violation to the same extent as such remedies are available for such a violation in
an action against any public or private entity other than a State.

[1] So in original. Probably should be “in a

TITLE 42 > CHAPTER 21 > SUBCHAPTER V > § 2000d–7

§ 2000d–7. Civil rights remedies equalization

(a) General provision


(1) A State shall not be immune under the Eleventh Amendment of the Constitution of
the United States from suit in Federal court for a violation of section 504 of the
Rehabilitation Act of 1973 [29 U.S.C. 794], title IX of the Education Amendments of
1972 [20 U.S.C. 1681 et seq.], the Age Discrimination Act of 1975 [42 U.S.C. 6101 et
seq.], title VI of the Civil Rights Act of 1964 [42 U.S.C. 2000d et seq.], or the provisions
of any other Federal statute prohibiting discrimination by recipients of Federal financial
assistance.
(2) In a suit against a State for a violation of a statute referred to in paragraph (1),
remedies (including remedies both at law and in equity) are available for such a violation
to the same extent as such remedies are available for such a violation in the suit against
any public or private entity other than a State.
(b) Effective date

ADMINISTATIVE PROCEDURES

Title An Act to improve the administration of justice by prescribing fair administrative


procedure. (GLIN ID 89838)

Jurisdiction ;United States


Published ;Public Law
Subject Terms Administrative agencies; Administrative procedure; Concessions;
Evidence and proof; Freedom of information; Government publications; Judicial review
of administrative acts; Remedies; Secrecy
Summary (English) The Act of June 11, 1946, c. 324 (designated as Public Law 404)
(60 Stat. 237-244), the Administrative Procedure Act, establishes the procedure for
obtaining public information and the exceptions to obtaining that information. The Act

31
sets forth procedures for agency rulemaking, adjudications following the opportunity for
agency hearings, agency hearings, and agency decisions. The Act sets forth limits on
sanctions and powers and provides for judicial review. The Act provides for examiners
for agency hearings and decisions. (Eight pages. Source: S. 7.)

An act designed to give uniformity to the rule-making and adjudicative proceedings of


federal administrative agencies. The federal government passed the act in 1946, in
response to increasing resentment of the agencies' latitude in matters affecting the rights
of individuals. Following the federal lead, most of the states also passed similar statutes
during the late 1940s and early 1950s.

Although the APA did not make administrative decision making into a substantially
judicial process as some early reformers desired, it nonetheless brought coherence and
judicial character to formerly haphazard procedures. The APA provides guidelines for
rule-making hearings, adjudicative hearings, intra-agency review, judicial review, and
public access to agency rules and decisions, and it creates rights of counsel at hearings,
rights of public access to administrative hearings, and rights of an individual to control
personal information collected by an agency. Davis, Administrative Law §§6.1 et seq. (3d
ed. 1972) (1995 Supp.); 5 U.S.C. §§551 et seq., 3105, 3344, 5371, 7521.

32