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Color of law


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In United States law, the term color of law denotes the "mere semblance of legal right", the "pretense or appearance of" right; hence, an action done under color of law colors (adjusts) the law to the circumstance, yet said apparently legal action contravenes the law.Under color of authority is a legal phrase used in the US indicating that a person is claiming or implying the acts he or she is committing are related to and legitimized by his or her role as an agent of governmental power, especially if the acts are unlawful.

Color of law
Color of law refers to an appearance of legal power to act but which may operate in violation of law. For example, though a police officer acts with the "color of law" authority to arrest someone, if such an arrest is made without probable cause the arrest may actually be in violation of law. In other words, just because something is done with the "color of law" does not mean that the action was lawful. When police act outside their lawful authority and violate the civil rights of a citizen, the FBI is tasked with investigating.
The Supreme Court has interpreted the United States Constitution to construct laws regulating the actions of the law enforcement community. Under "color of law", it is a crime for one or more persons using power given to him or her by a governmental agency (local, state or federal), to willfully deprive or conspire to deprive another person of any right protected by the Constitution or laws of the United States. Criminal acts under color of law include acts within and beyond the bounds or limits of lawful authority. Off-duty conduct may also be covered if official status is asserted in some manner. Color of law may include public officials and non-governmental employees who are not law enforcement officers such as judges, prosecutors, and private security guards. Furthermore, in many states it is unlawful to falsely impersonate a police officer, a federal officer or employee, or any other public official or to use equipment used by law enforcement officers, such as flashing lights or a fake police badge. Possession of a firearm also can enhance the penalty for false impersonation of a police officer.
Color of office refers to an act usually committed by a public official under the appearance of authority, but which exceeds such authority. An affirmative act or omission, committed under color of office, is sometimes required to prove malfeasance in office.

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In property law, color of title refers to a claim to title which appears valid, but may be legally defective. Color of title may arise when there is evidence, such as a writing, suggesting valid legal title. The courts have ruled that deeds are mere color of title; the actual title to land is secured with an irrefutable instrument like a land patent, then when that land is subsequently conveyed to another owner by a deed, the deed colors the title to show the new owner. Thus, the chain of title from the land patent to the present may include many deeds, the actual title remains with the land patent and lawful deeds show the chain of title to the present landowner. Because the ownership in land is a very specific thing requiring precise and proper transfers of ownership, in times past, people always required a certified abstract be provided with a deed to insure the deed was not merely a color of title fiction. Today, title companies offer title insurance to secure such documents. Still, only a proper and lawful title, like the land patent, provides actual title to land; and, only a proper and lawful chain of title (deeds, etc.) from such a patent to the present can secure land rights to the landowner.

However, even with land secured by patent, the proper grant of title can be implied by adverse possession, which is the basis for claims exemplified in Torrens title. The Torrens system operates on the principle of "title by registration", in which the act of registering an interest in land in a state-operated registry creates an indefeasible title in the registrant, which, like the land patent, can be challenged only in very limited circumstances.

Appropriation of name or likeness

Main article: Personality rights
Although this is a common-law tort, most states have enacted statutes that prohibit the use of a person’s name or image if used without consent for the commercial benefit of another person. A person's exclusive rights to control his or her name and likeness to prevent others from exploiting personal information without permission is protected in similar manner to a title or trademark action with the person's likeness and personal information, rather than the trademark or title, being the subject of the protection.

The tort of false light involves a misappropriation or "major misrepresentation" of a person's "character, history, activities or belief." Some bodies of law also explicitly mention the estate of a person; false claims of nobility are most common. In the United States, one who gives publicity to a matter concerning another that places the other before the public in a false light is subject to liability for invasion of privacy, if:

The false light would be highly offensive to a reasonable person; and
The actor acted with malice—had reason to know of or acted with reckless disregard as to the falsity of the publicized matter and the false light in which the other would be placed.

See Section 652E of the Restatement (Second) of Torts.
Public disclosure of private facts arises where one person reveals information which is not of public concern, and the release of which would offend a reasonable person.
References
^ Law Dictionary Fourth Edition, Steven H. Gifis, p. 86
^ Judicial and Statutory Definitions of Words and Phrases. West Publishing Company, West Publishing Co., St. Paul. p. 763.
^ "FBI — Color of Law". FBI.
^ Hate Crimes. Federal Bureau of Investigation, Miami Division, February 22, 2005. Via the Internet Archive Wayback Machine.
^ "Impersonating a Police Officer". legalmatch.com.
^ Invasion of Privacy, Appropriation of Name or Likeness. CSE/ISE 334 "Introduction to Multimedia Systems" Lectures and Recitations, Stony Brook University.
^ Gannett Co., Inc. v. Anderson, 2006 WL 2986459 at 3 (Fla. 1st DCA Oct. 20, 2006).
^ Common Law Privacy Torts
From Wikipedia, the free encyclopedia · Edit on Wikipedia

Color of Law and Other Laws: Color of Law Document

COLOR of LAW DOCUMENT Legal Notice = COLOR OF LAW VIOLATION NOTICE FBI/DOJ for cps/ cys/ police agencies                       ...
 - False abuse claims are the new court weapon, retiring judge says

Family Law Express ~~  

Allegations of child sexual abuse are being increasingly invented by mothers to stop fathers from seeing their children, says a retiring Family Court judge.



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Posted by Children's Rights on Sunday, October 11, 2015

4 comments:

  1. Here's what you're fighting against: http://www.uprightusa.org/files/index.html
    Guess which side the DOJ & FBI supports? I'va already tried to get them involved. But they refuse to help regular people. They are 'too good' for us!

    ReplyDelete
    Replies
    1. Review from the late Carl Fredrich, founder of the American Pro Se Association
      2012 ~
      " "How to Win a Lawsuit Without Hiring a Lawyer" is a very informative book -- and for those who find themselves in certain circumstances it can be said to be indispensable. The book might be more appropriately entitled: "Pursuing A Lawsuit Without A Lawyer: Even Against the Authorities." This book, as far as we know, is the only simplified low cost resource addressing an area of increasing need -- where one's rights have been trampled or denied by police or other officials and how you can do something affordable about it. The book actually contains an enormous amount of information and legal theories and specific instructions on how to proceed with respect to a number of issues.
      Considering it is a generic law book written to address both Federal and all 50 states laws, it possesses both the advantages and drawbacks inherent in covering so much territory. The book also addresses this difficult problem and stresses the need to consult specific state statutes and/or the necessary specific information on any administrative law forums should they be applicable. (These are often called 'administrative law court' but they are really central panels of the administrative branch -- not judicial branch of government.)

      Delete
  2. Children's Bill of Rights

    WHEN PARENTS ARE NOT TOGETHER

    Every kid has rights, particularly when mom and dad are splitting up. Below are some things parents shouldn't forget -- and kids shouldn't let them -- when the family is in the midst of a break-up.

    You have the right to love both your parents. You also have the right to be loved by both of them. That means you shouldn't feel guilty about wanting to see your dad or your mom at any time. It's important for you to have both parents in your life, particularly during difficult times such as a break-up of your parents.

    You do not have to choose one parent over the other. If you have an opinion about which parent you want to live with, let it be known. But nobody can force you to make that choice. If your parents can't work it out, a judge may make the decision for them.

    You're entitled to all the feelings you're having. Don't be embarrassed by what you're feeling. It is scary when your parents break up, and you're allowed to be scared. Or angry. Or sad. Or whatever.

    You have the right to be in a safe environment. This means that nobody is allowed to put you in danger, either physically or emotionally. If one of your parents is hurting you, tell someone -- either your other parent or a trusted adult like a teacher.

    You don't belong in the middle of your parents' break-up. Sometimes your parents may get so caught up in their own problems that they forget that you're just a kid, and that you can't handle their adult worries. If they start putting you in the middle of their dispute, remind them that it's their fight, not yours.

    Grandparents, aunts, uncles and cousins are still part of your life. Even if you're living with one parent, you can still see relatives on your other parent's side. You'll always be a part of their lives, even if your parents aren't together anymore.

    You have the right to be a child. Kids shouldn't worry about adult problems. Concentrate on your school work, your friends, activities, etc. Your mom and dad just need your love. They can handle the rest.

    IT IS NOT YOUR FAULT AND DON'T BLAME YOURSELF.
    ----Special Concerns of Children Committee, March, 1998

    "Children's Bill of Rights" is a publication of the American Academy of Matrimonial Lawyers. © 1997 - 2001. All rights reserved. "Children's Bill of Rights" may be reproduced under the following conditions:
    It must be reproduced in its entirety with no additions or deletions, including the AAML copyright notice. It must be distributed free of charge. The AAML reserves the right to limit or deny the right of reproduction in its sole discretion.
    © 2013 AAML Florida. 3046 Hawks Glen Tallahassee, FL 32312 | 850-668-0614
    http://www.aamlflorida.org/index.cfm?fuseaction=pages.tentips

    The hiring of a lawyer is an important decision that should not be based solely on advertisements. Before you decide, ask the attorney to send you free written information about their qualifications and experience. The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

    ReplyDelete
    Replies
    1. PRO SE RIGHTS:
      Sims v. Aherns, 271 SW 720 (1925) ~ "The practice of law is an occupation of common right."

      Brotherhood of Trainmen v. Virginia ex rel. Virginia State Bar, 377 U.S. 1; v. Wainwright, 372 U.S. 335; Argersinger v. Hamlin, Sheriff 407 U.S. 425 ~ Litigants can be assisted by unlicensed laymen during judicial proceedings.

      Conley v. Gibson, 355 U.S. 41 at 48 (1957) ~ "Following the simple guide of rule 8(f) that all pleadings shall be so construed as to do substantial justice"... "The federal rules reject the approach that pleading is a game of skill in which one misstep by counsel may be decisive to the outcome and accept the principle that the purpose of pleading is to facilitate a proper decision on the merits." The court also cited Rule 8(f) FRCP, which holds that all pleadings shall be construed to do substantial justice.

      Davis v. Wechler, 263 U.S. 22, 24; Stromberb v. California, 283 U.S. 359; NAACP v. Alabama, 375 U.S. 449 ~ "The assertion of federal rights, when plainly and reasonably made, are not to be defeated under the name of local practice."

      Elmore v. McCammon (1986) 640 F. Supp. 905 ~ "... the right to file a lawsuit pro se is one of the most important rights under the constitution and laws."

      Federal Rules of Civil Procedures, Rule 17, 28 USCA "Next Friend" ~ A next friend is a person who represents someone who is unable to tend to his or her own interest.

      Haines v. Kerner, 404 U.S. 519 (1972) ~ "Allegations such as those asserted by petitioner, however inartfully pleaded, are sufficient"... "which we hold to less stringent standards than formal pleadings drafted by lawyers."

      Jenkins v. McKeithen, 395 U.S. 411, 421 (1959); Picking v. Pennsylvania R. Co., 151 Fed 2nd 240; Pucket v. Cox, 456 2nd 233 ~ Pro se pleadings are to be considered without regard to technicality; pro se litigants' pleadings are not to be held to the same high standards of perfection as lawyers.

      Maty v. Grasselli Chemical Co., 303 U.S. 197 (1938) ~ "Pleadings are intended to serve as a means of arriving at fair and just settlements of controversies between litigants. They should not raise barriers which prevent the achievement of that end. Proper pleading is important, but its importance consists in its effectiveness as a means to accomplish the end of a just judgment."

      NAACP v. Button, 371 U.S. 415); United Mineworkers of America v. Gibbs, 383 U.S. 715; and Johnson v. Avery, 89 S. Ct. 747 (1969) ~ Members of groups who are competent nonlawyers can assist other members of the group achieve the goals of the group in court without being charged with "unauthorized practice of law."

      Picking v. Pennsylvania Railway, 151 F.2d. 240, Third Circuit Court of Appeals ~ The plaintiff's civil rights pleading was 150 pages and described by a federal judge as "inept". Nevertheless, it was held "Where a plaintiff pleads pro se in a suit for protection of civil rights, the Court should endeavor to construe Plaintiff's Pleadings without regard to technicalities."

      Puckett v. Cox, 456 F. 2d 233 (1972) (6th Cir. USCA) ~ It was held that a pro se complaint requires a less stringent reading than one drafted by a lawyer per Justice Black in Conley v. Gibson (see case listed above, Pro Se Rights Section).

      Roadway Express v. Pipe, 447 U.S. 752 at 757 (1982) ~ "Due to sloth, inattention or desire to seize tactical advantage, lawyers have long engaged in dilatory practices... the glacial pace of much litigation breeds frustration with the Federal Courts and ultimately, disrespect for the law."

      Sherar v. Cullen, 481 F. 2d 946 (1973) ~ "There can be no sanction or penalty imposed upon one because of his exercise of Constitutional Rights."

      Schware v. Board of Examiners, United State Reports 353 U.S. pages 238, 239. ~ "The practice of law cannot be licensed by any state/State."

      Delete

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