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1 Arbitrary: In an “arbitrary” manner,
as fixed or done capriciously or at pleasure; without adequate determining principle, not founded in the nature of things;
non-rational not done or acting according to reason or judgment; depending on the will alone; absolutely in power; capriciously;
tyrannical; despotic; Cornel va. Swisher County, Tex. Civ.Ap., 78 S.W.3d 1072,
1074. Without fair, solid, and substantial
use; that is, without cause based upon
the law. U.S. v. lotempio, D.C.N.Y., 58 F.2d 358, 359; not
governed by any fixed rules or standard. People exrel. Hultman v. Gilchrist,
188 N.Y.S. 61, 64, 114 Misc. 651. . 2Prima facie: At first sight; in the first appearance; in the face of it; so far as can be judged from the first
disclosure; presumably; a fact presumed to be true unless disproved by some evidence
to the contrary. State ex rel. Herbert v. Whims, 68 Ohio App. 39, 38 N.E.2d 596,
599. . 3Ab Initio: From the beginning; from the first act; entirely, as to all the acts done in the inception. A party
may be said to be a trespasser, an estate to be good, an agreement or deed to be void,
or marriage to be unlawful, ab initio. Plow. 61, 16a; 1 Bl.Comm. 440; Hopkins
v. Hopkins, 10 Johns. (N.Y.) 369 (before contrasted with this sense with ex post facto) . 4 Colorable: That which has or gives color. That which is
in appearance only, and not in reality, what it purports to be. Counterfeit, feigned,
having the appearance of truth. Ellis v. Jones, 73 Colo.
516, 216 P. 257, 258. . 5Power Of Attorney: A private attorney authorized by another to act in his place and stead, either
for some particular purpose, as to do a particular act, or for the transaction of business
in general, not of a legal character. . 6Wardship: In military tenures, the right of the lord to have custody, as guardian of the
body and lands of the infant heir, without any account of profits, until he was twenty-one
or she sixteen. In socage the guardian was accountable for profits; and he was not the lord, but
the nearest relative to whom the inheritance could not descend, and the wardship ceased at fourteen. In copyholds, the lord
was the guardian, but was perhaps accountable for profits. . 7Minority: The state or condition of a minor; infancy. . 8Abandonment: The surrender, relinquishment, disclaimer, or cession of property or of rights. Voluntary relinquishment of
all right, title, claim and possession, with the intention of not reclaiming it. The giving
up of a thing absolutely, without reference to any particular person or purpose,
as vacating property with the intention of not returning, so that
it may be appropriated by the next comer or finder. Intention to forsake or relinquish the thing is an essential
element, to be proved by visible acts. The voluntary relinquishment
of possession of a thing by owner with intention of terminating his ownership, but without vesting it in any other person. The
relinquishing of all title, possession, or claim, or a virtual, intentional throwing away of property.
. Abandonment includes both intention to abandon and the external
act by which the intentions carried into effect. In determining whether one has abandoned his property or rights, the
intention is the first and paramount object of inquiry, for there can be no abandonment without the intention to abandon.
Generally, “abandonment’ can arise form a single act or form a series of acts.
. Time is not an essential element of “abandonment”, although the lapse of time may be evidence
of an intention to abandon, and where it is accompanied by acts manifesting such an intention, it may be considered in
determining whether there has been an abandonment. . “Abandonment” differs
from surrender in that surrender requires an agreement, and from forfeiture, in that forfeiture may be against the intention
of the party alleged to have forfeited. . 9 Color:
An appearance, semblance, or simulacrum, as distinguished
from that which his real. A prima facie or apparent right. Hence, a deceptive appearance; a plausible, assumed
exterior, concealing a lack of reality; a disguise or pretest. Railroad Co. v. Allfree,
63 Iowa 00, 30 N.W. 779; Broughton v. Haywood,
61 N.C. 383; Wilt v. Bueter, 186 Ind. 98, 111 N.E. 926, 929. In pleading. Ground of
action admitted to subsist in the opposite party by the pleading of one of the parties to an action, which is so set out as
to be apparently valid, but which is in reality legally insufficient. . That semblance or presumption of
authority sustaining the acts of a public officer which his derived from his apparent title to the office of from a writ or
other process in his hands apparently valid and regular. State v. Oates, 86 Wis. 634, 57 N.W. 296, 39 Am.St.Rep.
912. . 11 Conspiratorial Extortion: Extort: involuntary admission to overcome
power of resistance through threat, duress, and coercion to unlawfully obtain money from another. . Conspiracy:
A combination or an agreement between two or more persons, for accomplishing
an unlawful end or a lawful end by unlawful means.
. The essence of “conspiracy: is an agreement, together with an overt act, to do an unlawful act,
or do a lawful act in an unlawful manner. Actors may drop out, and others drop in; details 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
opertions; he must, however, know the urpose of the consiracy and agree to become a party to a plan to effectuate that
purpose..
Further, conspiracy is a consultation or agreement
between two or more persons either falsely to accuse another of a crime punishable by law; or wrongfully to injure or prejudice
a third person or any body of men, in any manner; or to commit any offense punishable by law; or to do any act with intent
to prevent the course of justice; or to effect a legal purpose with a corrupt intent, or by improper means. . 12 Rescission of Contract: Annulling
or abrogation or unmaking of contract and the placing of the parties to it in the status quo. Sessions v. Meadow, 13 Cal.App.2d 748,
57 P.2d 548, 549, Kunde v. O’Brian, 214 Iwoa 921, 243 N.W. 594, 595. It necessarily involves a repudiation of the contract and a refusal of the moving party to be further bound by it.
Wall
v. Zynda, 283 Mich. 260, 278 N.QW. 66, 68, 114 A.L.R. 1521.
. 13
Dissolve: To terminate; abrogate; cancel; annul; disintegrate. To release or unloose the
binding force of anything. As to “Dissolve a corporation” to “dissolve
an injunction.” See dissolution. . 14 Dissolution
In Contracts: The dissolution of a contract is the cancellation or abrogation
of it by the parties themselves, with the effect of annulling the binding force of
the agreement, and restoring each part to his original rights. In this sense it is frequently used in the phrase dissolution of a partnership.” Williston v. Camp, 9 Mont. 88, 22 P.501.
. 15 Dissolution In Practice: The act of rendering a legal proceeding null, abrogating or revoking it; unloosing
its constraining force; as when an injunction is dissolved by
the court. . . 16 Dissolution Of Corporation: The
dissolution of a corporation is the termination of its existence as a body politic. This may take place in several ways;
as by at of the legislature, where that is constitutional by surrender or forfeiture of its charter; by expiration
of it charter by lapse of time; by proceedings for winding it up under the law; by loss of all its members or
their reduction below the statutory limit. New
York Title & Mortgage Co. v. Friedman, 276 N.Y.S. 72, 153 Misc. 697; Bruun v. Katz Drug Co., 351 Mo. 731, 173 S.W. 2d 906, 909. .
17 Disclaimer: The repudiation or renunciation of a claim or power vested in a person
or which he had formerly alleged to be his. The refusal, or rejection of
an estate or right offered to a person. The disavowal, denial, or renuciation of a interest, right, or property imputed imputed to a person or alleged to be his. Also the declaration, or the instrument, by which such
disclaimer is published. instrument by which such disclaimer is published. Moores v. Clackamas County, 40 Or. 536, 67 P. 662. .
18 Disclosure: Revelation; the imparting
of that which is secret. Commonwealth v. Chesapeake & O. Ry. Co., 137 Va. 526, 130 S.E. 506, 509. . 19 Negotiable Instruments: An instrument embodying an obligation for the payment of money
is called “negotiable” when the legal title to the instrument itself and to the whole amount of money expressed
upon its face, with the right to sue therefore in his own name, may be transferred from one person to another without a formal
assignment, but by mere endorsement and delivery by the holder or by delivery only. 1 Daniel, Nego.
Inst. 1; Walker v. Ocean Bank, 19 Ind. 247; Robinson v. Wilkinson, 38 Mich. 299. . Any written securities which may be transferred by indorsement
and delivery or by delivery merely, so as to vest in the indorsee the legal title, and thus enable him to sue thereon in his
own name.
. 20 Adhesion: Joining,
leagued with, cleaving to. 21 Nunc Pro Tunc: Now for then. Nunc pro tunc entry is an entry made now of something actually previously done to have effect of
former date; office bing not to supply omitted action, but to supply omission
in record of action really had but omitted through inadvertence or mistake. . .22 Abrogate: To annul, repeal, or destroy; to annul or repeal an order or rule
issued by a subordinate authority; to repeal a former law by legislative at,
or by usage. . 23 Color-of-Law: The appearance
or semblance, without the substance, of legal right. State v. Brechler, 185 Wis. 599, 202
N.W. 144, 148. . 24 Color
Of Office: An act unjustly done by the countenance of an office,
being grounded upon corruption, to which the office is as a shadow and color.
Plow. 64. Day v. National
Bond & Investment Co., Mo.App., 99 S.W.2d 117, 119. A claim or assumption of right to
do an act by virtue of an office, made by a person who is legally destitute of any such right. Feller v. Gaes, 30 Or. 543,
67 P. 416, 56 , R.A. 630, 91 Am.St.Rep. 492; Citizens’ Bank of Colquitt v. American Surety Co. of New York, 174 Ga.
852, 164 S.E. 817; Pontiac Trust Co. v. Newell, 266 Mich. 490, 254 N.W. 17 .
25
Civil Liter Mortus: Civilly dead; dead in the view of the law.
The condition of one who has lost his civil rights and capacities, and is accounted
dead in law. 26 In Full Life: Continuing in both physical and civil existence; that is, neither actually dead or civiliter mortus.
. 27 Res Judicata: A matter adjudged; a thing judicially acted upon or decided; a thing or matter settled
by judgment. A phrase of the civil law, constantly
quoted in the books. Rules that final judgment or decree on merits by court of competent jurisdiction
is conclusive of rights of parties or their privies in all later suits on points and matters determined in former suit. And to be applicable, requires identity in
thing sued for as well as identity of cause of action, of persons and parties to action, and of quality in person for or against whom claim is made. The sum substance of
the whole rule is that a matter
once judicially decided is finally decided.
Note: This is
in regards to ‘Stare Decisis’ case laws, which apply to ALL states and several states, etc. This is distinguished
with Estoppel as it is the basis upon a cause and need for an Estoppel, the intent of an Estoppel in its broadest sense is
penalty paid by one perpetrating wrong [defacto court adminstrators] by known fraud or by affirmative act which, though with
(or without) fraudulent intent, may result in legal fraud on another. This is what is being done in most of the defacto fraudulent
courts in that they violate the law against the people, yet they are deemed to know the law by their very position and seats
they sit in.
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