Terms of Stare Decisis

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.
.
2
Prima 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.
.
3
Ab 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.
.
5
Power 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.
.
Wardship: 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.
.
6
Minority:
The state or condition of a minor; infancy.
.
8
Abandonment: 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 500, 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.
.
10
Color Of Authority:
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 operations; he must, however, know the purpose of the conspiracy 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. OBrian, 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 n 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 renunciation of an interest, right, or property
imputed to a person or alleged to be his. Also the declaration, or the
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 being 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. 178, 181.
.
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 mortuus.

.
26 In Full Life: Continuing in both physical and civil existence; that is, neither actually
dead or civiliter mortuus.
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 personsand 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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1

Arbitrary: In an arbitrary manner, as fixed or done capriciously or at pleasure; without

The state or condition of a minor; infancy.

Abandonment: The surrender, relinquishment, disclaimer, or cession of property or of

Color: An appearance, semblance, or simulacrum, as distinguished from that which his

Further, conspiracy is a consultation or agreement between two or more

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

Dissolve: To terminate; abrogate; cancel; annul; disintegrate. To release or unloose the

Dissolution In Contracts: The dissolution of a contract is the cancellation or abrogation of

In Practice: The act of rendering a legal proceeding null,

Disclaimer: The repudiation or renunciation of a claim or power

Disclosure: Revelation; the imparting of that which is secret. Commonwealth

Any written securities which may be transferred by indorsement and delivery

Adhesion: Joining, leagued with, cleaving to.

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 .

Color-of-Law: The appearance or semblance, without the substance, of

A claim or assumption of right to do an act by virtue of an office, made by

Civil Liter Mortus: Civilly dead; dead in the view of the

neither actually dead or civiliter mortuus.

A matter adjudged; a thing judicially acted upon or decided; a thing or

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