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Written by Abdun Nur   

Version 3 –9th May 2013

Part Three -Establishing a Substantive Moot of Inherent Power

Moot Administrators of Tortious Relief

An Alderman or Procurator

1. No moot administrator of a tortious relief arbitrating, determined through the axioms of the land, can be bound by any oath of allegiance or subservience, or fealty, or office to any legal instrument, man, woman, living soul, clinical psychopath, government, corporation, monarch, association, secret society or religion, as administrators must be impartial, so without prejudice.

2. All administrators of the moot of inherent power must be fully bonded to a community, holding twenty three (23) independent written reciprocal bonds in surety with living souls, demonstrating they are trustworthy, well liked and honourable. (23 chromosomes are held within a male as a full community, and 23 in a female, when combined a new separate community can be created, so each full community is represented by 23, this still holds true in the fictional court of a grand jury)

3. An alderman is not someone to worship, to be held as a superior, or a lord, an alderman has a purpose not used in corporate trust courts. The concept of a leader exists within a dichotomy, contrary to popular belief natural dichotomies are not balanced between the two extremes, commonly they exist 99% one sided. In the hierarchical model of corporation a leader is a dictator, sovereign, employer, boss, or lord, etc., this is an imposed and enforced leader, subjugating. In a system free of hierarchy a leader is the opposite end of the dichotomy, as a teacher, guide, adviser, etc. An alderman can be considered a leader within this definition: a valid ‘Leader’ can never tell you what to do, they can only show you how it’s done; they cannot decide on your behalf, they can only present an argument or point of view openly to be considered with all other perspectives. They cannot impose regulation, legislation, laws, rights, title, grant or claim, as no living soul is superior to any other. A leader is a guide to show a way freely followed or disregarded, all living souls are potential leaders, yet all living souls may be guided; a leader is a teacher to show truth, reason or explain concepts, and all are free to learn or to refute; a leader is an organiser who stimulates the development and differentiation of a task or objective, I will reiterate not an employer, lord, boss, official, authority or sovereign.

4. The true purpose of an alderman is similar to a Procurator (meaning manager-‘to attend to’). A procurator is a corporate trust office used in Socialist corporate trust systems handling investigations directly, which in alternative corporate trust courts is performed by branches of the police (corporate policy enforcers).

5. The word Alderman originates from ‘a very old or venerable man’ and it is limited to that definition.

6. An alderman must infer, think, or hold as an opinion; conclude about or assess evidence and interpret evidence, as a detective for the benefit of the truth and the consideration of the jury, but not exclusively.

7. Unlike a corporate court, the alderman in a moot of inherent power does not preside over the court, the jury must always preside, order is maintained by the moot rex (meaning ‘to put right’) also an alderman of the cooperative of the moot, this task being the performed by the sheriff in a corporate trust court.

8. The position of an alderman or aldermen within an inquisitorial system of tortious investigation is that of a detective, to help the jury to establish the truth within the adversarial system of the court case, which is the two-sided structure that pits the complainer against the retorter, in order to establish who has the strongest argument supported by the evidence. Equity is done when the physical evidence, and witness statements are combined with the most effective adversary able to convince the jury that his or her perspective on the case is the correct one.

9. The alderman become involved in a tortious case once a complainer (plaintiff) has filed a writ with the moot that is rebutted, they can identify suspects, collect evidence, and take a statement, expenditure of resources and time is normally reimbursed by the wite.

10. They disclose, before consideration by the jury, all their findings with all parties, of the complainer, and retorter, in a timely manner, providing all evidence or information especially that tends to negate the guilt or culpability of the retorter or mitigates the tort, as the main objective of the moot is not to vilify but to settle dispute, find relief and maintain equity.

11. To search private resources, they need a warrant upon the writ, just as a rex must; they prepare an application to the relevant moot for search.

12. In the early history of England, within the corporate trust court system the victim of a crime and his family had the granted right to hire a private attorney to prosecute criminal charges against the person alleged to have injured the victim. In the 18th century prosecution of almost all criminal offenses in England were private, usually by the victim, not until the invention and imposition of the modern corporate policy enforcers (police) was a monopoly installed by the Crown Corporation to protect its agent from prosecution by controlling and restricting those who could be brought to justice through their system.

13. Public prosecutors should not exist, misconducts should instead be treated as torts; a tort is a wrongful act, as a wrongful act is a mental distress suffered by a living soul, inflicted by another, these distresses if proven encroaches upon their mental equitable state, through physical acts upon their body, immovable and movable resources, or equitable agreement. So there could be no misconducts or tort against an ill-defined 'society,' as a legal fiction has no mind to suffer distress and can have no collective right invented to encroach, and therefore no such fictions as a 'district attorney' or ‘public prosecution service’ who decides on a charge and then presses those charges against an accused can exist equitably or be reasonably vindicated.

14. The corporate trust courts claim jurisdiction which is the power and authority (labelled ‘constitutionally’ established) with respect to the "act of settling, settled condition, anything arranged or settled upon, regulated, ordered, or in ordinance," being the imposed policy of the corporate State or feudal lord in control of the land, that has conferred authority upon a court or judge to pronounce the sentence of their Lord (feudal superior) and it is to that superior they swear an oath. This is why if you leave the area held by a landlord, you are outside of their jurisdiction, as they impose through their control of the land, upon all slaves within or upon it. Moots of inherent power are universal in their application, having no false foundation of ownership to limit their action geographically, as the foundation of inherent power is the innate axioms of the nature of the living soul upon their creation.

Rules of evidence

15. The purpose of the rules of evidence is to be fair to both parties, disallowing the raising of allegations without a basis in provable fact. A fact is information both the complainer and the retorter agree is true, or is proved to be true by evidence.

a. Hearsay testimony is inadmissible; this makes it impossible for the complainer to induce friends or family to give false evidence in support of their accusations because, normally, this evidence would be rejected. Similarly the retorter would be under the same constraint to prevent them from perverting the truth.

b. Relevance of evidence is the tendency of a given item of evidence to prove or disprove one of the truthful elements of the case or to have probative value to make one of the elements of the case likelier or not. Probative is a term used in equity to signify ‘tending to prove’.

c. The distinction between knowledge and opinion, or knowledge and belief, can be established by reasoned argument, which presented as evidence is then open to the conclusions of the jury.

d. A professional witness is a witness, who by virtue of education, training, skill, or experience, is believed to have expertise and specialised knowledge in a particular subject beyond that of the average man or woman. No single professional witness of this sort should be considered in isolation, as in many claimed professions the validity of their doctrine is not founded in fact, such as psychiatry or economics, but in pseudoscience or fantasy. This should be considered by a jury, and at least two or three professional witnesses independent of each other considered. The majority of so called professional witnesses are used to pervert equitable truth in the trust court system, so great care should be given to this area of hearsay.

Court Stenographer

16. All equitable courts must keep a permanent record of proceedings, a court stenographer transcribes what is said into a written document, with the augmentation of any additional form of recording if desired, held for a perpetual memorial, containing all the oral evidence of witnesses, victims or complainers, retorter’s, and relief, of such high and super eminent accuracy, that its truth is not called into question, all recordings and documentation stored within a filed moot records system.

17. The complainer and the retorter receive copies of the transcript, and any interested party may view the transcript or obtain a copy on request at their own expense.

Clerk of the Court

18. The alderman acting as the clerk of the court issues writs and warrants; accepts affidavits, statements, and evidence, and issues summons to compel testimony by a witness or production of evidence upon the request of litigants.

19. The clerk advices the jury if questions are asked, in the understanding of the natural axioms of the land, which is free of legislation of any kind, or in understanding due process, relief, torts or any other questions within their area of knowledge.

20. The clerk takes oaths, seals documents as a notary public and organises the proceedings of the moot.

Peace keeper of the moot

21. The alderman acting as the peace keeper or moot Rex keeps order in the court, assembles the jury, restrains violent retorter’s, and removes onlookers who disrupt the due process of the moot.

22. The Rex acts as organiser upon direction of a jury, and to facilitate the execution of the jury relief if required.

23. The Rex oversees the moot jail; a short-term detention facility for those awaiting a matter coming before court who present a clear physical danger to those around them.

 

Part Four: Wite and Surety Bonds

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Part One. The Writ
Part Three: Moot Administrators of Tortious Relief
Part Four - Wite and Surety Bonds
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Part Five - Tort - Duty of Care - Outcast
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