III. Rights
3.1 Rights
Article 70 - Claims
A Claim, also known as a “cause of action”, is by ancient definition a witnessed formal oral protest and pronouncement of one or more Rights, usually supported by one or more sealed and notarized documents.
The Claim is the vocalization of a formal protest and pronouncement itself. Any associated documents are an Affirmation, Statement or some evidence dependent upon its perfection. Taken together they may correctly be called a Statement of Claim or an Affirmation of Claim.
A claim can be satisfied only through rebuttal by counter-affidavit point-for-point, resolution by jury, or payment.
If the plaintiff does not prove his case, the defendant is absolved.
A presumption of a claim in accordance with these canons will stand good until the contrary is proved.
The validity of a Claim is the validity of the oral argument, constituting two main parts, firstly the formal protest of a challenge of Rights also known as the “wrong” and secondly the re-assertion of such Rights or pronouncement of new Rights also known as the “remedy”.
It is insufficient for any Claim to vocalize a wrong without a valid remedy. Similarly, no remedy has validity without first vocalizing a wrong.
Documents alone without any evidence of the vocalized claim can never be considered a valid Claim. However, documents may be presented first to pronounce the intention to Claim at some appointed time and place before a competent authority and witnesses.
Form of action is immaterial to the validity and substance of a claim unless by consent a person agrees to hear their claim according to the normal rules of form and action of a particular society.
Any juridic person or court that permits the resolution of Claims and counter-claims merely by Documents without either the original and subsequent claims being vocalized is in grave breach of a most ancient and fundamental principle of law.
When in accordance with these Canons, a Person who is first in time has the prior right of claim.