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.
"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
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