-
AFFIRMATIVE
affirmative,adj.
1. Supporting the existence of certain facts <affirmative evidence>.
2. Involving or requiring effort <an affirmative duty>.
- AFFIRMATIVE ACTION
affirmative action.
A set of actions designed to eliminate existing and continuing discrimination,
to remedy lingering effects of past discrimination, and to create systems and
procedures to prevent future discrimination.
See reverse discrimination under DISCRIMINATION.
[Cases: Civil Rights 1033(3), 1236. C.J.S. Civil Rights §§ 18, 20, 23–24, 64–65.]
-
IT'S A GOOD FAITH/BAD FAITH THING
- COMPLIANCE; NON-COMPLIANCE;
LIABILITY ISSUES
-
AFFIRMANT
affirmant.
A person who testifies under affirmation and not under oath.
[Cases: Witnesses 227. C.J.S. Witnesses § 394.]
-
AFFIRM
affirm,vb.
1. To confirm (a judgment) on appeal.
• Sometimes the verb is used without a direct object <we affirm>.
The equivalent expression in British English is to deny the appeal.
[Cases: Appeal and Error 1124–1145.C.J.S. Appeal and Error §§ 714, 745, 770, 814, 826, 864–868, 878–898.]
2. To solemnly declare rather than swear under oath.
3. To testify or declare by affirmation.
- REVIEW OF ERROR
- ERROR
-
AFFIRMATION
affirmation,n. "
A pledge equivalent to an oath but without reference to a supreme being or to
“swearing”; a solemn declaration made under penalty of perjury, but without an oath.
Fed. R. Civ. P. 43(d).
• While an oath is “sworn to ,” an affirmation is merely “affirmed,” but either type of
pledge may subject the person making it to the penalties for perjury. Cf. OATH.
[Cases: Witnesses 227. C.J.S. Witnesses § 394.]
— affirm,vb. —
affirmatory,adj.
- FRCP 43(d)
Note to Subdivision (d).
See [former] Equity Rule 78 (Affirmation in Lieu of Oath) and
U.S.C., Title 1, §1 (Words importing singular number, masculine
gender, etc.; extended application), providing for affirmation
in lieu of oath.
-
A PLEDGE EQUIVALENT TO AN OATH
-
645.44 Subd. 18. Pledge; mortgage; conditional sale; lien; assignment.
- "Pledge," "mortgage," "conditional sale," "lien," "assignment," and similar terms used in referring to a security interest
in goods include corresponding types of security interests under article 9 of the Uniform Commercial Code.
- AGENCY IS THE CONTRACT;
CONTRACT IS THE LAW
-
AFFIRMANCE
affirmance,n.
1. A ratification, reacceptance, or confirmation.
“A party who has the power of avoidance may lose it by action that manifests a
willingness to go on with the contract. Such action is known as ‘affirmance’ and
has the effect of ratifying the contract.
See Restatement of Restitution § 68.
The rule stated in this Section is a special application of that stated in § 85, under
which a promise to perform a voidable duty is binding.
On ratification, the affirming party is bound as from the outset and the other party
continues to be bound.”
Restatement (Second) of Contracts § 380 cmt. a (1979).
2. The formal approval by an appellate court of a lower court's judgment, order,
or decree.
[Cases: Appeal and Error 1124–1145. C.J.S. Appeal and Error §§ 714, 745, 770, 814, 826,
864–868, 878–898.]
3. The manifestation of a choice by someone with the power of avoidance to treat a
voidable or unauthorized transaction as valid or authorized.
4. The manifestation of a choice, by one on whose behalf an unauthorized act has been
performed, to treat the act as authorized.
Restatement (Second) of Agency § 83 (1958). — affirm,vb.
-
LIABILITY OF PRINCIPAL
FOR AGENT'S CONTRACTS
- RATIFICATION
- REACCEPTANCE
- CONFIRMATION
-
WHEN YOU PAY FOR SOMETHING IT
DEMONSTRATES THAT YOU ARE IN
STANDING AGREEMENT; SO THEY DO
EVERYTHING THEY CAN DO TO GET
YOU TO PAY OR TO DEMONSTRATE
THAT YOU HAVE PAID
-
HOWEVER;
- FRAUD VITIATES THE MOST
SOLEMN PROMISE TO PAY
- Whenever any officer of the court commits
fraud during a proceeding in the court,
he/she is engaged in "fraud upon the court".
- FRAUD
UPON
THE COURT
- FRAUD VITIATES
SUBJECT MATTER
JURISDICTION
- AND THAT'S
A FACT
JACK
-
In Bulloch v. United States, 763 F.2d 1115, 1121 (10th Cir. 1985),
the court stated "Fraud upon the court is fraud which is directed
to the judicial machinery itself and is not fraud between the parties
or fraudulent documents, false statements or perjury. ... It is where
the court or a member is corrupted or influenced or influence is
attempted or where the judge has not performed his judicial
function --- thus where the impartial functions of the court have
been directly corrupted."
-
SCOPE & PURPOSE
- PUBLIC v. PRIVATE
- CAPACITY
- ADMINISTRATIVE CAPACITY
- JUDICIAL CAPACITY
- QUASI-JUDICIAL
- SEMI-PRECIOUS
- County of Vampire
- VAMPIRE COUNTY OF
-
COUNTY JUDGES ARE
ACTING AS"
ADMINISTRATIVE ATTORNEYS
- COUNTY OF X
IS THE PRIMARY
CORPORATION
- DISTRICT COURT
OF COUNTY X
IS A SUBSIDIARY
CORPORATION
- QUO WAARRANTO
- AUTHORIZATION
- AUTHORITY
- AGENCY
- CONTRACT
- THE COURT
- MEMBER OF
THE COURT
- OFFICER OF
THE COURT
-
CORRUPTED
- OR
- INFLUENCED
- INFLUENCE IS
ATTEMPTED
- JUDGE HAS
FAILED TO
PERFORM HIS
JUDICIAL FUNCTION
- IMPARTIAL FUNCTIONS
OF THE COURT
HAVE BEEN
DIRECTLY CORRUPTED
-
THIS XMind map was authorized by
China Brown,
EXECUTIVE VICE PRESIDENT OF
Lisa Stinocher O'Hanlon
on 12.06.2013.
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use
my
study
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