Posted by Mike on November 02, 1997 at 17:19:27:
In Reply to: state court & IRS posted by Gene on August 25, 1997 at 21:34:31:
: I was wondering If any one could tell me where I can find thie
: "Clearfield Doctrine" I'm trying to get as much information on state court
: and the IRS to see if I can sue them in state court.
: Thanks,
I provided you with a Clearfied Doctrine reference
in another posted follow up. Here is another that
may be of interest.
"When governments enter the world of commerce,
they are subject to the same burdens as any
private firm or corporation".
United States v. Burr. 309 U.S. 242
Translated this means that if the government
is going to hold you to a 'specific performance'
they must be the 'holder in due course' of a
document (contract) requiring this specific
performance and further, that they be willing
to enter such document into evidence.
Some requirements for a valid contract:
1. Offer by a person qualified to make a contract.
2. Acceptance by party qualified to make and accept the contract.
3. Bargain or agreement and full disclosure and complete understanding by both parties.
4. Consideration given.
5. Must have the element of time to make the contract lawful.
6. Both parties must be sui juris; that is, of lawful age, usually 21 years old.
If you did not know that you were entering into a contract or if
there was not full disclosure, this makes a contract void from
its inception. To get this into court however, you will probably
have to engage in 'disclosure' through motion.
Remember, attorney's loose 94 cases out of a 100 nation wide. If
you go into court knowing nothing about the law and representing yourself
you can win 16 times out of a hundred.
From the attorney client handbook the attorneys responsibilities are
are first to the court, second to the Bar, third to the public interest
and finally to the client. It is not the attorney's job to prove his
client innocent. His job is to protect his clients rights. When that is
translated it means that if the attorney has done his job and protected
his clients rights, then there are no appealable issues once his client
is convicted.
Mike