thanks to judge Jeanine ... perserverance furthers ... sad tho that the cong types on her show tonight said ... that the energy committee is in the pocket of the energy companies ... even tho ... the security and vulnerability of our peeps ... is in real and present ... danger ... you know ... clear and present ... danger ... yup ... and no one is talking about such things as ..usopec ... you know ... not vulnerable to emp .... since the elements of ... hydrogen ... not vulnerable ... nor photons ... nope ... nor the heat exchange system/engine which as long as there is day ... is not only a perpetual motion machine ... or closet thing to it ... but also ... can work an altenator ... and produce its own electrons .. over an electro mag field ... yup .... as soon as pulse is done .... usopec turns right back on ... you know if on stand by ... yup ... sad that graft and corruption ... hmmm got a probe blame with Sherman ... and ip ohhhhh t rr rail ss ss ss s ... Center for Security Policy Congress Takes Important First Step Towards Securing The Grid ... unanimously H.R. 3410, the Critical Infrastructure Protection Act (CIPA). ... Frank Gaffney on Justice with Judge Jeanine ... Frank Gaffney appeared on a special edition of Justice Piros show on Fox News discussing the dangers to the electrical grid. CIPA Archives - Michael Mabee michaelmabee.info/tag/cipa/ Apr 6, 2014 - FACT: The electric grid is extremely vulnerable to a variety of natural and man-made threats. ... As Judge Jeanine of Fox News recently reported: ... (EMP) Caucus who have introduced the SHIELD Act and CIPA in the House. January 27, 2014—Three Cheers for Judge Jeanine! | High ... Antitrust Enforcement and the Consumer Many consumers have never heard of antitrust laws, but when these laws are effectively and responsibly enforced, they can save consumers millions and even billions of dollars a year in illegal overcharges. Most states have antitrust laws, and so does the federal government. Essentially, these laws prohibit business practices that unreasonably deprive consumers of the benefits of competition, resulting in higher prices for inferior products and services. John Locke – 1689 The reason why men enter into society is the preservation of their property; and the end why they choose and authorize a Legislature, is, that there may be law made, and rules set as guards and fences to the properties of all the members of the society, to limit the power, and moderate the dominion of every part and member of the society ... whenever a Legislature endeavors to take away and destroy the property of the People, or do reduce them to slavery under arbitrary power, they put themselves into a state of war with the People ... Some of The Law(s) Breached: THE UNITED STATES CODE of LAW TREASON: “this crime naturally leads to and involves others, destructive of the safety of individual and of the peace of society…” Congress has passed a statute regarding treason at 18 U.S.C. 2381. This statute reads: Whoever owing allegiance to the United States, levies war against them- think ConstitutionCharter- or adheres to their enemies, giving them aid and comfort within the United States or elsewhere, is guilty of treason Just like in law and for court/judge/jury due process rules .. can’t be Arbitrary: Diligent inquiry: “Such inquiry as a diligent man, intent upon ascertaining a fact, would ordinarily make, and it is inquiry made with diligence and good faith to ascertain the truth, and must be an inquiry as full as the circumstances of the situation will permit.” Liepelt v. Baird, 17 Ill.2d 428, 161 N.E.2d 854, 857. See Due diligence. Probable consequence: “One that is more likely to follow its supposed cause than it is not to follow it.” Due process rights: “All rights which are of such fundamental importance as to require compliance with due process standards of fairness and justice.” Due proof: “Sufficient evidence to support or produce a conclusion; adequate evidence.”Conspiracy: “A combination or confederacy between two or more persons formed for the purpose of committing, by their joint efforts, some unlawful or criminal act, or some act which is lawful in itself, but becomes unlawful when done by the concerted action of the conspirators, or for the purpose of using criminal or unlawful means to the commission of an act not in itself unlawful. A conspiracy may be a continuing one; actors may drop out, and others drop in; the details of operation may change from time to time; the members need not know each other or the part played by others; a member need not know all the details of the plan or the operations; he must, however know the purpose of the conspiracy and agree to become a party to a plan to effectuate that purpose. Craig v. U.S., C.C. A.Cal., 81 F.2d 816, 822 - See also Combination in restraint of trade; Confederacy; Wharton Rule. Civil conspiracy: The essence of a civil conspiracy is a concert or combination to defraud or cause other injury to person or property which results in damage to the person or property of plaintiff. Conspiracy in restraint of trade. Term which describes all forms of illegal agreements such as boycotts, price fixing, etc., which have as their object interference with free flow of commerce and trade. – See Clayton Acts; Sherman Antitrust Act. Conspiracy against rights: (found in the United States Code – U.S.C.): “Title 18 - Part 1 Chapter 13 Section 241. - STATUTE- If two or more persons conspire to injure, oppress, threaten, or intimidate any inhabitant of any State, Territory, or District in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same; or on the premises of another, with intent to prevent or hinder his free exercise or enjoyment or any right or privilege so secured - They shall be fined not more than $10,000 or imprisoned not more than ten years, or both; ... Collusion: “An agreement between two or more persons to defraud a person of his rights by the forms of law, or to obtain an object forbidden by law. It implies the existence of fraud of some kind, the employment of fraudulent means, or of lawful means for the accomplishment of unlawful purpose. Tomiyosu v. Golden, 81 Nev. 140, 400 P.2d 415, 417. A secret combination, conspiracy, or concert of action between two or more persons for fraudulent or deceitful purpose. Color of Law: “The appearance or semblance, without the substance, of legal right. Misuse of power, possessed by virtue of state law and made possible only because wrongdoer is clothed with authority of state, is action taken under “color of law.” Atkins v. Lanning, D.C.Okl., 415 Supp. 186, 188. Acts “under color of any law” of a State include not only acts done by State officials within the bounds or limits of their lawful authority, but also acts done without and beyond the bounds of their lawful authority; provided that, in order for unlawful acts of an official to be done “under color of any law”, the unlawful acts must be done while such official is purporting or pretending to act in the performance of his official duties; that is to say, the unlawful acts must consist in an abuse or misuse of power which is possessed by the official only because he is an official; and the unlawful acts must be of such a nature or character, and be committed under such circumstances, that they would not have occurred but for the fact that the person committing them was an official then and there exercising his official powers outside the bounds of lawful authority. 42 U.S.C.A. Section 1983. Due process law: “Law in its regular course of administration through courts of justice. Due process of law in each particular case means such an exercise of the powers of the government as the settled maxims of law permit and sanction, and under such safeguards for the protection of individual rights in those maxims prescribe for the class of cases to which the one in question belongs. A course of legal proceedings according to those rules and principles which have been established in our systems of jurisprudence for the enforcement and protection of private rights. … Due process of law implies the right of the person affected thereby to be present before the tribunal which pronounces judgment upon the question of life, liberty, or property, in its most comprehensive sense; to be heard, by testimony or otherwise, and to have the right of controverting, by proof, every material fact which bears on the question of right in the matter involved. … An orderly proceeding wherein a person is served with notice, actual or constructive, and has an opportunity to be heard and to enforce and protect his rights before a court having power to hear and determine the case. Kazubowski v. Kazubowski,, 45 Ill.2d 405, 259 N.E.2d 282, 290 Phrase means that no person shall be deprived of life, liberty, property or of any right granted him by statute, unless matter involved first shall have been adjudicated against him upon trial conducted according to established rules regulating judicial proceedings, and it forbids condemnation without a hearing … Fundamental requisite of due process is the opportunity to be heard, to be aware that a matter is pending, to make an informed choice whether to acquiesce or contest, and to assert before the appropriate decision-making body the reasons for such choice. Trinity Episcopal Corp. v. Romney, D.C.N.Y., 387 F.Supp. 1044, 1084. Aside from all else, “due process” means fundamental fairness. Pinkerton v. Farr, W.Va., 220 S.E.2d 682, 687. The essential elements of due process of law are notice and opportunity to be heard and to defend in orderly proceeding adapted to nature of case, and the guarantee of due process requires that every man have protection of day in court and benefit of general law. Di Maio v. Reid, 132 N.J.L. 17, 37 A.2d 829,830. Daniel Webster defined this phrase to mean a law which hears before it condemns, which proceeds on inquiry and renders judgment only after trial. Wichita Council No. 120 of Security Ben. Ass’n v. Security Ben. Assn., 138 Kan. 841, 28 P.2d 976, 980; J. B. Barnes Drilling Co. v. Phillips, 166 Okl. 154, 26 P.2d 766. This constitutional guaranty demands only that law shall not be unreasonable, arbitrary, or capricious, and that means selected shall have real and substantial relation to object. …” -- The Administrative Procedure Act (“APA”) codified at Md. Code Ann., State Gov’t. (“State Gov’t”) Sections 10-201 through 10-227 inclusive specifically of Title 10 Government procedure rules of law – Rule 10-222 (h) (3) (i) is unconstitutional (iii) results from unlawful procedure, (iv) is affected by any other error of law, (v) is unsupported by competent, material, and substantial evidence in light of the entire record as submitted, and (vi) is arbitrary or capricious. Annotated Code of Maryland (rule 10-213)- Admission and exclusion of evidence (a)(1) Each party in a contested case shall offer all of the evidence that the party wishes to have made part of the record. -- Malicious injury: “An injury committed against a person at the prompting of malice or hatred towards him, or done spitefully or wantonly. The willful doing of an act with knowledge it is liable to injure another and regardless of consequences. Injury involving element of fraud, violence, wantonness and willfulness, or criminality. An injury that is intentional, wrongful and without just cause or excuse, even in the absence of hatred, spite or ill will. Panchula v. Kaya, 59 Ohio App. 556, 18 N.E.2d 1003, 1005, 13 O.O. 301. Punitive damages may be awarded to plaintiff for such injury. Malicious motive: “Any motive for instituting a prosecution, other than a desire to bring an offender to justice. Lounder v. Jacobs, 119 Colo. 511, 205 P.2d 236, 238. See Malicious prosecution. Malicious prosecution: “One begun in malice without probable cause to believe the charges can be sustained. An action for damages brought by person, against whom civil suit or criminal prosecution had been instituted maliciously and without probable cause, after termination of prosecution of such suit in favor of person claiming damages. Beaurline v. Smith, Tex.Civ.App., 426 S.W.2d 295, 298. In addition to the tort remedy for malicious criminal proceedings, the majority of states also permit tort actions for malicious institution of civil actions. See also Advice of counsel. Mala prohibita: “Prohibited wrongs or offenses; acts which are made offenses by positive laws, and prohibited as such. Acts or omissions which are made criminal by statute but which, of themselves are not criminal. Generally, no criminal intent or mens rea is required and the mere accomplishment f the act or omission is sufficient for criminal liability. Term is used in contrast to mal in se which are acts which are wrongs in themselves such as robbery. Malconduct: “Ill conduct, especially dishonest conduct, maladministration, or as applied to officers, official misconduct. Se Malfeasance; Misfeasance. Moral turpitude: “The act of baseness, vileness, or the depravity in private and social duties which man owes to his fellow man, or to society in general, contrary to accepted and customary rule of right and duty between man and man. State v. Adkins, 40 Ohio App.2d 473, 320 N.E.2d 308, 311, 69 O.O.2d 416. Act or behavior that gravely violates moral sentiment or accepted moral standards of community and is a morally culpable quality held to be present in some criminal offense as distinguished from others. Lee v. Wisconsin State Bd. Of Dental Examiners, 29 Wis.2d 330, 139 N.W.2d 61, 65. The quality of a crime involving grave infringement of the moral sentiment of the community as distinguished from statutory mal prohibita. People v. Ferguson, 55 Misc.2d 711, 286 N.Y.S.2d 976,981. Completeness Rule: “Rule of evidence which permits further use of a document to explain portions of document already in evidence. Camps v. N.Y. City Transit Authority, C.A.N.Y., 261, F.2d 320. See also Open (Open the door). Direct cause: “That which sets in motion train of events which brings about result without intervention of any force operating or working actively from new and independent source; or, as one without which the injury would not have happened.” Norbeck v. Mutual of Omaha Ins. Co., 3 Wash.App. 582, 476 P.2d 546, 547. See Cause; Proximate cause. Proximate: “Immediate; nearest; direct, next in order. In its legal sense, closest in causal connection. Armijo v. World Ins. Co., 78 N.M. 204, 429 P.2d 904, 905. Next in relation to cause and effect. Proximate cause: “That which in a natural and continuous sequence, unbroken by any efficient intervening cause, produces injury, and without which the result would not have occurred. Wisniewski v. Great Atlantic & Pac. Tea Co., 226 Pa.Super. 574, 323 A.2d 744, 748. That which is nearest in the order of responsible causation. That which stands next in causation to the effect, not necessarily in time or space but in causal relation. The proximate cause of an injury is the primary or moving cause, or that which, in a natural and continuous sequence, unbroken by any efficient intervening cause, produces the injury and without which the accident could not have happened, if the injury be one which might be reasonably anticipated or foreseen as a natural consequence of the wrongful act. An injury or damage is proximately caused by an act, or a failure to act, whenever it appears from the evidence in the case, that the act or omission played a substantial part in bringing about or actually causing the injury or damage; and that the injury or damage was either a direct result or a reasonably probable consequence of the act or omission. The last negligent act contributory to an injury, without which such injury would not have resulted. The dominant , moving or producing cause. The efficient cause; the one that necessarily sets the other causes in operation. … Act or omission immediately causing or failing to prevent injury; act or omission occurring or concurring with another which, had it not happened, injury would not have been inflicted. Herron v. Smith Bros., 116 Cal.App. 518, 2 P.2d 1012, 1013. Proximate consequence or result: “One which succeeds naturally in the ordinary course of things. A consequence which, in addition to being in the train of physical causation, is not entirely outside the range of expectation or probability, as viewed by ordinary men. The Mars, D.C.N.Y., 9 F2d 16, 19. One ordinarily following from the negligence complained of, unbroken by any independent cause, which might have been reasonably foreseen. One which a prudent and experienced man, fully acquainted with all the circumstances which in fact existed, would, at time of the negligent act, have thought reasonably possible to follow, if it had occurred to his mind. Coast S. S. Co. v. Brady, C.C.A.Ala., 8 F.2d 16, 19. “ Legal cause: “Proximate cause (q.v.). Substantial factor in bringing about harm. Krauss v. Greenbarg, C.C.A.Pa., 137 F.2d 569, 572; Giles v. Moundridge Milling Co., 351 Mo. 568, 173 S.W.2d 745, 750. In conflicts, denotes fact that the manner in which the actor’s tortuous conduct has resulted in another’s injury is such that the law holds the actor responsible unless there is some defense to liability. Restatement, Second, Conflicts, Section 160, Comment a. The words: legal cause: are used throughout the Restatement of Torts to denote the fact that the causal sequence by which the actor’s tortuous conduct has resulted in an invasion of some legally protected interest of another is such that the law holds the actor responsible for such harm unless there is some defense to liability. Restatement, Second, Torts, Section 9. See also Cause.” Legal duty: “An obligation arising from contract of the parties or the operation of the law; … That which the law requires to be done or forborne to a determinate person or the public at large, correlative to a vested and coextensive right in such person or the public, and the breach of which constitutes negligence. See also Legal obligation; Support. Legal ethics: “Usages and customs among members of the legal profession, involving their moral and professional duties toward one another, toward clients, and toward the courts. That branch of moral science which treats of the duties which a member of the legal profession owes to the public, to the court, to his professional brethren, and to his client. Most states have adopted the Code of Profesional Responsibility of the American Bar Association. See also Canon. Legal evidence: “A broad general term meaning all admissible evidence, including both oral and documentary, but with a further implication that it must be of such a character as tends reasonably and substantially to prove the point, not to raise a mere suspicion or conjecture. See also Evidence, Relevant evidence. Patent and Copyright Clause: “Art. I, Sec. 8, cl. 8, U.S. Constitution, which provides for promoting the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries. Patent infringement: “The act of using or selling any patented invention without authority during the term of the patent and this includes one who induces the infringement. 35 U.S.C.A. Section 271. Copyright: “The right of literary property as recognized and sanctioned by positive law. An intangible, incorporeal right granted by statute to the author or originator of certain literary or artistic productions, whereby he is invested, for a limited period, with the sole and exclusive privilege of multiplying copies of the same and publishing and selling them. Copyright protection subsists in original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device. Works of authorship include the following categories: (1) literary works; (2) musical works, including any accompanying words; (3) dramatic works, including any accompanying music; (4)pantomimes and choreographic works; (5) pictorial, graphic, and sculptural works; (6) motion pictures and other audiovisual works; and (7) sound recordings. …” Example of Copyright Law – (found in the United States Code) “In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include: 1.the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; 2.the nature of the copyrighted work; 3.the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and; 4.the effect of the use upon the potential market for or value of the copyrighted work. The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.” False arrest: “Such arrest consists in unlawful restraint of an individual’s personal liberty or freedom of locomotion. Johnson v. Jackson, 43 Ill.App.2d 251, 193 N.E.2d 485, 489. An arrest without proper legal authority is a false arrest and because an arrest restrains the liberty of a person it is also false imprisonment. The gist of the tort is protection of the personal interest in freedom from restraint of movement. Neither ill will nor malice are elements of the tort, but if these elements are sown, punitive damages may be awarded in addition to compensatory or nominal damages. False imprisonment: “See false arrest.” False crimen: “Fraudulent subornation or concealment , with design to darken or hide the truth, and makes things appear otherwise than they are. It is committed (1) by words, as when a witness swears falsely; (2) by writing, as when a person antedates a contract; (3) by deed, as selling by false weights and measures. See Crimen falsi.” False representation & false pretenses: (not defined in this doc. Though elements of both are present … all that is lacking criteria-wise is my being duped, agreeing to property transfer or loss of market rights; though, I, and the community, has lost, in terms of Public property/rights - i.e. taxable income –and there-has-been/is effort to dupe the public ). See Coercion. And, for the above argument, see Public injuries (below). Coerce: “Compelled to compliance; constrained to obedience, or submission in a vigorous or forcible manner.”Coercion: “Compulsion: constraint; compelling by force or arms or threat. General Motors v. Blevins, D.C.Colo., 144 F.Supp. 381, 384. It may be actual, direct, or positive, as where physical force is used to compel act against one’s will, or implied, legal or constructive, as where one party is constrained by subjugation to other to do what his free will would refuse. … A person is guilty of criminal coercion if, with purpose to unlawfully restrict another’s freedom of action to his detriment, he threatens to (a) commit any criminal offense; or (b) accuse anyone of criminal offense; or (c)expose any secret tending to subject any person to hatred, contempt or ridicule, or to impair his credit or business repute; or (d) take or withhold action as an official, or cause an official to take or withhold action. Model Penal Code, Section 212.5. See also Duress; Threat. False statement: “Means an incorrect statement made or acquiesced in with knowledge of incorrectness or with reckless indifference to actual facts and with no reasonable ground to believe it correct. International Shoe Co. v. Lewine, C.C.A.Miss., 68 F.2d 517, 518. Statement knowingly false, or made recklessly without honest belief in its truth, and with purpose to mislead or deceive. Third Nat. Bank v. Schatten, C.C.A.Tenn., 81 F.2d 538, 540; In re Venturella, D.C.Conn., 25 F.Supp. 332. See also Deceit; Fraud; Material fact; Perjury; Reliance. False swearing: “A person who makes a false statement under oath or equivalent affirmation, or swears or affirms the truth of such a statement previously made, when he does not believe the statement to be true, is guilty of a misdemeanor if: (a) the falsification occurs in an official proceeding; or (b) the falsification is intended to mislead a public servant in performing his official function. Model Penal Code, Section 241.2. The essential elements of “false swearing” consist in willfully, knowingly, absolutely and falsely swearing under oath or affirmation on a matter concerning which a party could legally be sworn and on oath administered by one legally authorized to administer it. Smith v. State, 66 Ga.App. 669, 19 S.E.2d 168, 169. It must appear that matter sworn to was judicially pending or was being investigated by grand jury, or was a subject on which accused could legally have been sworn, or on which he was required to be sworn. Capps v. Commonwealth, 294 Ky. 743, 172 S.W.2d 610, 611. See also Perjury. Imparting or conveying false information (found in the United States Code – U.S.C.): “Title 18 - Part 1 Section 35 - information - STATUTE - (a) Whoever imparts or conveys or causes to be imparted or conveyed false information knowing the information to be false, concerning an attempt or alleged attempt being made or to be made, to do any act which would be a crime prohibited by this chapter or chapter 97 or chapter 111 of this title shall be subject to a civil penalty of not more than $1,000 which shall be recoverable in a civil action brought in the name of the United States. (b) Whoever will fully and maliciously, or with reckless disregard for the safety of human life, imparts or conveys or causes to be imparted or conveyed false information, knowing the information to be false, concerning an attempt or alleged attempt being made or to be made, to do any act which would be a crime prohibited by this chapter or chapter 97 or chapter 111 of this title - shall be fined not more than $5,000, or imprisoned not more than five years, or both.”Injurious falsehood: “In law of slander and libel, a defamation which does actual damage. See Libel; Slander Slander: “The speaking of base and defamatory words tending to prejudice another in his reputation, office, trade, business, or means of livelihood. Little Stores v. Isenberg, 26 Tenn.App. 357, 172 S.W.2d 13, 16; Harbison v. Chicago, R.I. & P. Ry. Co., 327 Mo. 440, 37 S.W.2d 609, 616. Oral defamation; the speaking of false and malicious words concerning another, whereby injury results to his reputation. Hohnston v. Savings Trust Co. of St. Louis, Mo., 66 S.W.2d 113, 114; Lloyd v. Commissioner of Internal Revenue, C.C.A.7, 55 F.2d 842, 844. The essential elements of slander are: (a) a false and defamatory statement concerning another, (b) an unprivileged communication; (c) fault amounting at least to negligence on the part of the publisher; and (d) either actionability of the statement irrespective of harm or the existence of special harm. Restatement, Second, Torts Section 558. Libel: “Libel” and “Slander” are both methods of defamation; the former being expressed by print, writing, pictures, or signs; the latter by oral expressions or transitory gestures. Restatement, Second, Torts, Section 568. Extort: “To gain by wrongful methods; to obtain in an unlawful manner, as to compel payments by means of threats of injury to person, property, or reputation. To exact something wrongfully by threats or putting in fear. The natural meaning of the word “extort” is to obtain money or other valuable thing either by compulsion, by actual force, or by the force of motives applied to the will, and often more overpowering and irresistible than physical force. See also Extortion, infro. Personal Property: (intellectual property) – “Personal property is divisible into (1) corporeal personal property, which includes movable and tangible things, such as animals, furniture, merchandise, etc.; and (2) incorporeal personal property, which consists of such rights as personal annuities, stocks, shares, patents, and copyrights.” Extortion: “The obtaining of property from another induced by wrongful use of actual or threatened force, violence, or fear, or under color of official right. 18 U.S.C.A. Section 871 et seq.; Section 1951. A person is guilty of theft by extortion if he purposely obtains property of another by threatening to: (1) inflict bodily injury on anyone or commit any other criminal offense; or (2) accuse anyone of a criminal offense; or (3) expose any secret tending to subject any person to hatred, contempt or ridicule, or to impair his credit or business repute; or (4) take or withhold action as an official, or cause an official to take or withhold action; or (5) bring about a continue a strike, boycott or other collective unofficial action, if the property is not demanded or received for the benefit of the group in whose interest the actor purports to act; r (6) testify or provide information or withhold testimony or information with respect t another’s legal claim of defense; or (7) inflict any other harm which would not benefit the actor. Model Penal Code, Section 223.4 . See also Blackmail; Hobbs Act; Loan sharking; Shakedown. With respect to “Larceny by extortion”, See Larceny. Injury: “Any wrong or damage done to another, either in his person, rights, reputation, or property. The invasion of any legally protected interest of another. Restatement, Second, Torts, Section 7. Injustice: “The withholding or denial of justice. In law, almost invariably applied to the act, fault, or omission of a court, as distinguished from that of an individual. “Fraud” is deception practiced by the party; “injustice” is the fault or error of the court. They are not equivalent words in substance, or in a statute authorizing a new trial on a showing of fraud or injustice. Fraud is always the result of contrivance and deception; injustice may be done by the negligence, mistake, or omission of the court itself. Silvey v. U.S., 7 Ct.Cl. 305, 324. Mental anguish: “When connected with a physical injury, this term includes both the resultant mental sensation of pain and also the accompanying feelings of distress, fright, and anxiety. In other connections, and as a ground for divorce or for damages or an element of damages, it includes the mental suffering resulting from the excitation of the more poignant and painful emotions, such as grief, severe disappointment, indignation, wounded pride, shame, public humiliation, despair, etc. See also Mental cruelty. Abuse: “To make excessive or improper use of a thing, or to employ it in a manner contrary to the natural or legal rules for its use. To make an extravagant or excessive use, as to abuse one’s authority.” Abusive: “Tending to deceive; practicing abuse; prone to ill-treat by coarse, insulting words or harmful acts. Using ill treatment; injurious, improper, hurtful, offensive, reproachful. Remedy: “The means by which a right is enforce or the violation of a right is prevented, redressed, or compensated. Long leaf Lumber, Inc. v. Svolos, La.App., 258 So.2d 121, 124. The means employed to enforce a right or redress an injury, as distinguished from right, which is a well founded or acknowledged claim. Chelentis v. Luckenbach S. S. Co., 247 U.S. 372, 38 S.Ct. 501, 503, 62 L.Ed.1171. The rights given to a party by law or by contract which that party may exercise upon a default by the other contracting party, or upon the commission of a wrong (a tort) by another party. Remedy means any remedial right to which an aggrieved party is entitled with or without resort to a tribunal. “Rights” include remedies. U.C.C. Section 1-201. Joinder: “Joining or coupling together; uniting two or more constituents or elements in one; uniting with another person in some legal step or proceeding; union; concurrence. Damages: “A pecuniary compensation or indemnity, which may be recovered in the courts by any person who has suffered loss, detriment, or injury, whether to his person, property, or rights, through the unlawful act or omission or negligence of another. A sum of money awarded to a person injured by the tort of another. Restatement, Second, Torts, Section 12A. Damages may be compensatory or punitive according to whether they are awarded as the measure of actual loss suffered or as punishment for outrageous conduct and to deter future transgressions. Nominal damages are awarded for the vindication of a right where no real loss or injury can be proved. Generally, punitive or exemplary damages are awarded only if compensatory or actual damages have been sustained. Exemplary or punitive damages. Exemplary damages are damages on an increased scale, awarded to the plaintiff over and above what will barely compensate him for his property loss, where the wrong done to him was aggravated by circumstances of violence, oppression, malice, fraud, or wanton and wicked conduct on the part of the defendant, and are intended to solace the plaintiff for mental anguish, laceration of his feelings, shame, degradation, or other aggravations of the original wrong, or else to punish the defendant for his evil behavior or to make an example of him, for which reason they are also called ‘punitive’ or ‘punitory’ or ‘vindictive’ damages. Disclose: To bring into view by uncovering; to expose; to make known; to lay bare; to reveal to knowledge; to free from secrecy or ignorance, or make known. See Discovery. Disclosure: Act of disclosing. Revelation; the impartation of that which is secret or not fully understood. In Patent law, the specification; the statement of the subject-matter of the invention, or the manner in which it operates. See Compulsory disclosure; Discovery; Freedom of Information Act; Full disclosure; Subpoena. Disclosure by parties: Term sometimes used in law of deceit or fraud as to the obligation of parties to reveal fact which is material if its revelation is necessary because of the position of the parties to each other. See also Material fact. Compulsory disclosure: “Term with variety of meanings; may refer to court order compelling disclosure of matters within scope of discovery rules (See Fed.R. Civil P. 26, 37, 45; Fed.R.Crim.P. 16,17); may also refer to obligation of public officers or candidates for public office to reveal …” See also Subpoena. Conceal: “To hide, secrete, or withhold from the knowledge of others. To withdraw from observation; to withhold from utterance or declaration; to cover or keep from sight. To hide or withdraw from observation, cover or keep from sight, or prevent discovery of. People v. Eddington, 201 Cal.App.2d 574, 20 Cal.Rptr. 122, 124. See Compounding crime; Harbor; Misprision of felony; Withholding of evidence. Accessories after the fact. A person who conceals the principal felon or the accessory before the fact is an accessory after the fact if he knows of the felony and of the identity of the felon. Concealment: “To conceal. A withholding of something which one knows and which one, in duty, is bound to reveal …” See also Fraudulent concealment. Fraud: “An intentional perversion of truth for the purpose of inducing another in reliance upon it to part with some valuable thing belonging to him or to surrender a legal right. A false representation of a matter of fact, whether by words or by conduct, by false or misleading allegations, or by concealment of that which should have been disclosed, which deceives and is intended to deceive another so that he shall act upon it to his legal injury. Any kind of artifice employed by one person to deceive another. Goldstein v. Equitable Life Assur. Soc. Of U.S., 160 Misc. 364, 289 N.Y.S. 1064, 1067. A generic term, embracing all multifarious means which human ingenuity can devise, and which are resorted to by one individual to get advantage over another by false suggestions or by suppression of truth, and includes all surprise, trick, cunning, dissembling, and any unfair way by which another is cheated. Johnson v. McDonald, 170 Okl. 117, 39 P.2d 150. “Bad faith” and “fraud” are synonymous, and also synonyms of dishonesty, infidelity, faithlessness, perfidy, unfairness, etc. … It consists of some deceitful practice or willful device, resorted to with intent to deprive another of his right, or in some manner to do him an injury. As distinguished from negligence, it is always positive, intentional. It comprises all acts, omissions, and concealments involving a breach of a legal or equitable duty and resulting in damage to another. And includes anything calculated to deceive, whether it be a single act or combination of circumstances, whether the suppression of truth or the suggestion of what is false, whether it be by direct falsehood or by innuendo, by speech or by silence, by word of mouth or by look or gesture. … See also Actionable fraud; Badges of fraud; Cheat; Civil fraud; Collusion; Constructive fraud; Deceit; False pretenses; False representation; Intrinsic fraud; Mail fraud; Material fact; Misrepresentation; Promissory fraud; Reliance Intrinsic fraud. That which pertains to issue involved in original action or where acts constituting fraud were, or could have been, litigated therein. Fahrenbruch v. People ex rel. Taber, 169 Colo. 70, 453 P.2d 601. Perjury is an example of intrinsic fraud. Fraudulent concealment: “The hiding or suppression of a material fact or circumstance which the party is legally or morally bound to disclose. The employment of artifice planned to prevent inquiry or escape investigation and to mislead or hinder the acquisition of information disclosing a right of action; acts relied on must be of an affirmative character and fraudulent. Fundunburks v. Michigan Mut. Liability Co., 63 Mich.App. 405, 234 N.W.2d 545, 547. The test of whether failure to disclose material facts constitutes fraud is the existence of a duty, legal or equitable, arising from the relation of the parties; failure to disclose a material fact with intent to mislead or defraud under such circumstances being equivalent to an actual “fraudulent concealment.” …; the concealment of a fact which one is bound to disclose being the equivalent of an indirect representation that such fact does not exist. See Material fact. Made known: “ A crime is ‘made known’ to an officer when facts which come to knowledge of the officer are such as to indicate to him that it is his official duty to act or to see that an investigation of the alleged crime is instituted within his jurisdiction.” – PAGE 856 BLACK’S LAW DICTIONARY FIFTH EDITION - SEE ALSO… … “NOTICE.” SO…
Posted on: Sun, 07 Dec 2014 03:33:59 +0000
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