III.   Rights

A Claim is the oral or written assertion of a valid Right through a challenge within a competent forum of law against another party regarding the possession or ownership of some property or thing withheld from the possession of the claimant.

The term Claim originates from the Latin term clamare meaning “to shout or cry out or call upon (justice)”. Hence a valid Claim can only be made by testimony through one of four methods:

(i) A sworn testimony spoken at a sacred place before at least two other credible witnesses and faithfully transcribed as spoken; or

(ii) A sworn written deposition known as an “affidavit” then witnessed by a least two other credible witnesses at a sacred place; or

(iii) Within English Commercial (Common) Law, a sworn testimony taken in a competent forum of law under the authority of a justice of the peace; or

(iv) Within English Commercial (Common) Law, a sworn written deposition known as an “affidavit” taken under the authority of a given statute concerning oaths, then witnessed by a justice of the peace.

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 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.

A valid Claim is also known as a Cause of Action. The Claim is the vocalization of a formal protest and pronouncement itself. Any associated documents are any Affidavits and Annexures or some other 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.

A presumption of a claim in accordance with these canons will stand good until the contrary is proved.

If the plaintiff does not prove his case, the defendant is absolved.

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.