document notes

Templates and information pertaining thereto.
Post Reply
Site Admin
Posts: 58
Joined: Sun Jun 10, 2018 4:49 pm

document notes

Post by Logos » Mon Oct 28, 2019 9:36 pm

The Memorandum of Law starts with a bit of America's legal history to eventually outline the country's TJ makeup by revealing where the government's TJ lies, and how this arrangement came about. It is written to describe the TJ situation for all States and States of XYZ and to do that, it has to use one of those final 37 States (as it appears on the map) as a starting point as there is far more to say about one of them than the original 13. Its Implications and Conclusion section segues into the Notice & Demand docs, which apply this knowledge to an instant situation. Thus at first glance the Memorandum may seem specific to Florida, but it isn’t.

The N&D docs (a) demand they "put up or shut up" and (b) put them on notice as to what they're doing, and what it entails for them, if they refuse to shut up after failing to put up. In short, it puts words into their mouths and it has to be this way. Unless you speak for them to secure their agreement they will either never answer (as in one gentleman's case) or try to throw all sorts of nonsense at you. This approach closes out the matter because that which is expressed renders silent that which is implied. To that end, a Response doc, such as the one included in the Appraiser document set, should also accompany the IRS and Traffic templates (unless a court case is withdrawn before the N&D response window closes).

We, the authors, no longer think the Postal Notice is needed because the use of ZIP Codes doesn't confer TJ upon anyone, but left that information incorporated into the Appraiser template to illustrate how it might be applied. The Identity Declaration isn't strictly needed for a TJ challenge, though one may wish to use it in general. Many of the footnotes are really more for the lay reader’s benefit, though some are there to let legal professionals know we researched this well enough to know what we're talking about. I think some lawyers may be interested in this subject, which is likely not really taught to them in the gov't-approved law schools. Also, I'd like to think the docs in form scream "lawyer!" though in substance they clearly aren't from a lawyer, as any lawyer or judge will quickly realize no lawyer or law professor would go down this road.

One thing we advise people: do NOT add any other verbiage to bring in a Constitution, codes/statutes/etc., into a N&D doc. By doing so you will in all likelihood effectively "short circuit" your own demand and proceed to the merits, thus relieving them of their obligation to prove they have authority in the first place where they so presume. One guy we tried to help did this, and it is our conviction that is why, after he modified & submitted the N&D we wrote for him, they scheduled his case for a hearing; we didn't inquire about the outcome after he shot himself in the proverbial foot.

Post Reply