10 Powerful Commandments of Commercial Law in Court Procedure

All courts are “claims” courts. Rule 12(b)(6) must state a “claim” upon which relief can be granted.

Claims = deeds, security agreements, receipts, documents of titles.

Facts are on the moon. Unimportant.

Commercial procedures are under “law of the sea” = admiralty, maritime, equity.

UCC 1-201(32) (34) “Right” = remedy = is a contractual procedure

Contracts are dynamic (or fluid) and change.

Public side is with the clerk and the courtroom inside the bar

Private side is outside the public court, in chambers, sidebar in court

Last in First Out.

Only the documents on top have any input to the proceedings

Always go into court only if your documents are last in- current matter before the court.

Public side has only liability units to “pay” account. One is a debtor in public.

Private side has asset units that setoff, settle, and close an account. One is a creditor in private.

Having an attorney represent the defendant is a benefit (incompetence)

Entering a pleading into the public court is a benefit

Public bond or bail or signature bond is a benefit

i. Bond by bail bondsmen
ii. OR Signature bond
iii. Police booking is a bond

Voluntary grant of general jurisdiction is a benefit

Follow a court order is a benefit granting jurisdiction to public

Double minded = dangerous = incompetent

Every Communication, public and private, must be answered timely.

Response to public communication must be CA4V

Response to private communication is full A4V initially, then 3 part process.

Dishonor = non-timely response, argument, standing mute

Never argue: the facts, the jurisdiction, the law

Two witnesses or more are needed for every resolution. One in public one in private

Genesis 23: Abram first settled the commercial issue in private- then public.

An enemy has no remedy in the procedures of the land, even when procedurally correct.