Commonlaw Copyright © 2010 My Private Audio - All Rights Reserved
Michael James Anthony with Trvth and CM | Episode 93 | 1-29-2010 and Episode 95 | with Trvth | 2-10-2011 |


“An unincorporated association at common law is not a legal person, has not the capacity to receive title to property, . . . “ Restatement, Trusts, Second §§ 89-100. LAW OF TRUSTS, 5th ed. by Bogart at p. 90 (1973).
People wonder why courts in their state will not pay any attention to their paperwork by taking notice of, or applying cases from other states, in their state.  They don't have to unless you have the cases "authenticated," by submitting a certified copy of the case cited by you in your paperwork, with the clerk's attestation that it is a "true and correct copy" of the case on file, stamped with the seal of the court, together with a certificate of a judge of that court stating that the clerk's attestation is in the proper form.  Then you have evidence of which the court must take judicial notice and cognizance. 

Here it is in black and white.
28 USC § 1738. State and Territorial statutes and judicial proceedings; full faith and credit
The Acts of the legislature of any State, Territory, or Possession of the United States, or copies thereof, shall be authenticated by affixing the seal of such State, Territory or Possession thereto.

The records and judicial proceedings of any court of any such State, Territory or Possession, or copies thereof, shall be proved or admitted in other courts within the United States and its Territories and Possessions by the attestation of the clerk and seal of the court annexed, if a seal exists, together with a certificate of a judge of the court that the said attestation is in proper form.

Such Acts, records and judicial proceedings or copies thereof, so authenticated, shall have the same full faith and credit in every court within the United States and its Territories and Possessions as they have by law or usage in the courts of such State, Territory or Possession from which they are taken.

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This is a perfect example of a law of the United States made in pursuance of the Constitution amounting to the supreme law of the land under the Supremacy clause.

Article VI:

This Constitution, and the Laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the constitution or laws of any state to the contrary notwithstanding.

Here is the Constitutional provision from which 28 USC 1738 emanates:

Article IV, Section 1:

Full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state. And the Congress may by general laws prescribe the manner in which such acts, records, and proceedings shall be proved, and the effect thereof.

The last sentence refers directly to 28 USC 1738.

Even non-judicial records fall under the full faith and credit clause!
28 USC § 1739. State and Territorial nonjudicial records; full faith and credit
All nonjudicial records or books kept in any public office of any State, Territory, or Possession of the United States, or copies thereof, shall be proved or admitted in any court or office in any other State, Territory, or Possession by the attestation of the custodian of such records or books, and the seal of his office annexed, if there be a seal, together with a certificate of a judge of a court of record of the county, parish, or district in which such office may be kept, or of the Governor, or secretary of state, the chancellor or keeper of the great seal, of the State, Territory, or Possession that the said attestation is in due form and by the proper officers.

If the certificate is given by a judge, it shall be further authenticated by the clerk or prothonotary of the court, who shall certify, under his hand and the seal of his office, that such judge is duly commissioned and qualified; or, if given by such Governor, secretary, chancellor, or keeper of the great seal, it shall be under the great seal of the State, Territory, or Possession in which it is made.

Such records or books, or copies thereof, so authenticated, shall have the same full faith and credit in every court and office within the United States and its Territories and Possessions as they have by law or usage in the courts or offices of the State, Territory, or Possession from which they are taken.

QED.

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And that's how it's done!

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