Requirement for Consent

[The Free Dictionary (9/15/2013), Farlex;

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SOURCE: http://financial-dictionary.thefreedictionary.com/Operation+of+law]

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" An attorney who accepts a judicial office effects, by operation of law, a termination of any existing relation

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of attorney and client , 24

and if the judge has been a member of a law partnership, he or she may be

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considered as voluntarily abandoning both the practice of law and the partnership. 25 "

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[American Jurisprudence 2d, Judges, §48 (1999)]

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"And there may be cases where a person expressly agrees to become responsible for the result of a litigation, or where such a responsibility is cast upon him by the operation of law without an agreement, and where the doctrine of conclusiveness of judgments against persons liable over is held to be applicable in the absence of

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notice of the action in which the judgment is rendered. 26 “ [American Jurisprudence 2d, Judgments, §680 (1999)]

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Note some important consequences of the above references relating to “operation of law”: 14

1. “operation of law” creates CIVIL obligations, liabilities, or rights toward a SPECIFIC legal “person” under the civil 15 statutory law ONLY. 16 2. The civil statutory obligations created by “operation of law” are a product of your consent indirectly, because they 17 cannot attach until your consent produces the civil status that they attach to. 18 3. The rights created, which are PUBLIC rights rather than PRIVATE rights, attach to the civil STATUS of the “person”, 19 and not to the land like the Constitution does. 20 4. The legal “person”, in turn, that is the subject of the obligation is created by you choosing civil domicile within the 21 jurisdiction of the government grantor that created the statute that implements the mechanism for “operation of law”. 22 Without satisfying the domicile prerequisite, “operation of law” cannot occur per Federal Rule of Civil Procedure 17. 23 5. The civil obligations created are triggered by a combination of all the following: 24 5.1. A specific action or situation. 25 5.2. The civil “persons” involved having a specific legal status BEFORE the triggering activity or situation occurs. 26 That civil status, in turn, MUST be created by an act of consent on their part. For instance, they must be 27 MARRIED SPOUSES under the Family Code BEFORE obligations arise under the Family Code civil franchise. 28 See: 29 Your Exclusive Right to Declare or Establish Your Civil Status , Form #13.008 http://sedm.org/Forms/FormIndex-SinglePg.htm 6. The situation triggering the need for “operation of law” often gives rise to the need for “expedience” for a specific 30 franchise court to act in delivering a specific CIVIL remedy because: 31 6.1. The parties themselves are either dead or not legally present in the proceeding and yet property needs to be 32 transferred or disposed of after their death.. . .OR 33 6.2. The parties seek a remedy not otherwise available under the common law but which are considered a “benefit” of 34 the specific franchise status they are enforcing. For instance, they seek the “benefits”, meaning the “public 35 rights” , conferred by the Family Code against the parties to the statutory licensed marriage because the party is 36 asking for a divorce. 37

We can see based on the above enumerated list that the definitions of “operation of law” presented earlier can’t possibly be 38 entirely correct because they contradict themselves and contradict our prior analysis. For instance: 39

1. They say the “operation of law” attaches to people having a SPECIFIC status and not to ALL people generally. 40

The application of rights and responsibilities because of a person or property's status, relationships, location, or other such factors independent of one's express agreement to assume responsibilities or another's express

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agreement to grant rights.

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24 7 American Jurisprudence 2d, Attorneys at Law § 147 (1999).

25 59A American Jurisprudence 2d, Partnership § 844 (1999).

26 Kruger v. California Highway Indem. Exchange, 201 Cal. 672, 258 P. 602, cert den 275 U.S. 568, 72 L.Ed. 430, 48 S.Ct. 141; United States Fidelity & Guaranty Co. v. Williams, 148 Md. 289, 129 A. 660; Jones v. Bozeman, 45 Tenn.App. 141, 321 S.W.2d. 832; United States Fidelity & Guaranty Co. v. Paulk (Tex Civ App) 15 S.W.2d. 100; Costello v. Bridges United States Fidelity & Guaranty Co. v. Cochrane, 81 Wash. 192, 142 P. 687.

Requirement for Consent

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Copyright Sovereignty Education and Defense Ministry, http://sedm.org Form 05.003, Rev. 7-23-2013

EXHIBIT:________