reply to post by greenovni
Black's Law Dictionary 8th
court of law. 1. Broadly, any judicial tribunal that administers the laws of a state or nation. 2.
A court that proceeds according to the course of the common law, and that is governed by its rules
and principles. Cf. court of equity.
court of equity.A court that (1) has jurisdiction in equity, (2) administers and decides
controversies in accordance with the rules, principles, and precedents of equity, and (3) follows
the forms and procedures of chancery. Cf. court of law. [Cases: Courts 42(7).]
obligor (ob-l-gororob-l-gor).1. One who has undertaken an obligation;
a promisor or debtor. UCC § 9-102(a)(59). 2. Under the Uniform Interstate Family Support Act,
any person who owes a duty of support. 3.Archaic. One who obliges another to do something;
§ 3-305. DEFENSES AND CLAIMS IN RECOUPMENT.
(a) Except as otherwise provided in this section, the right to enforce the obligation of a party to pay an instrument is subject to the following:
(1) a defense of the obligor based on (i) infancy of the obligor to the extent it is a defense to a simple contract, (ii) duress, lack of legal
capacity, or illegality of the transaction which, under other law, nullifies the obligation of the obligor, (iii) fraud that induced the obligor to
sign the instrument with neither knowledge nor reasonable opportunity to learn of its character or its essential terms, or (iv) discharge of the
obligor in insolvency proceedings;
(2) a defense of the obligor stated in another section of this Article or a defense of the obligor that would be available if the person entitled to
enforce the instrument were enforcing a right to payment under a simple contract; and
(3) a claim in recoupment of the obligor against the original payee of the instrument if the claim arose from the transaction that gave rise to the
instrument; but the claim of the obligor may be asserted against a transferee of the instrument only to reduce the amount owing on the instrument at
the time the action is brought.
(b) The right of a holder in due course to enforce the obligation of a party to pay the instrument is subject to defenses of the obligor stated in
subsection (a)(1), but is not subject to defenses of the obligor stated in subsection (a)(2) or claims in recoupment stated in subsection (a)(3)
against a person other than the holder.
(c) Except as stated in subsection (d), in an action to enforce the obligation of a party to pay the instrument, the obligor may not assert against
the person entitled to enforce the instrument a defense, claim in recoupment, or claim to the instrument (Section 3-306) of another person, but the
other person's claim to the instrument may be asserted by the obligor if the other person is joined in the action and personally asserts the claim
against the person entitled to enforce the instrument. An obligor is not obliged to pay the instrument if the person seeking enforcement of the
instrument does not have rights of a holder in due course and the obligor proves that the instrument is a lost or stolen instrument.
(d) In an action to enforce the obligation of an accommodation party to pay an instrument, the accommodation party may assert against the person
entitled to enforce the instrument any defense or claim in recoupment under subsection (a) that the accommodated party could assert against the person
entitled to enforce the instrument, except the defenses of discharge in insolvency proceedings, infancy, and lack of legal capacity.
(e) In a consumer transaction, if law other than this article requires that an instrument include a statement to the effect that the rights of a
holder or transferee are subject to a claim or defense that the issuer could assert against the original payee, and the instrument does not include
such a statement: (1) the instrument has the same effect as if the instrument included such a statement; (2) the issuer may assert against the holder
or transferee all claims and defenses that would have been available if the instrument included such a statement; and (3) the extent to which claims
may be asserted against the holder or transferee is determined as if the instrument included such a statement.
(f) This section is subject to law other than this article that establishes a different rule for consumer transactions.
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State
wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor
shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal
protection of the laws.
The United States Code
Title 15 United States Code § 645 (a): " Whoever makes any statement knowing it to be false, for the
purpose of obtaining money, property, or anything of value, shall be punished by a fine of not more than
$5,000 under this title or imprisoned for not more than two years, or both."
Title 18 United States Code § 241: " Whoever, under color of law, statute, ordinance, regulation or
custom, willfully subjects any inhabitant of any state territory or district, to the deprivations of any rights,
privileges or immunities secured or protected by the United States Constitution or laws of the United
States, shall be fined under this title or imprisoned for not more than ten years, or both.
Title 18 United States Code § 241: " Whoever in disguise enters the premises of another, with the
intent to prevent or hinder a citizen's free exercise or enjoyment of any right or privilege secured to a
citizen by the United States Constitution, or because of his having exercised same, shall be fined
under this title or imprisoned not more than ten years, or both; and if such acts include
kidnapping or an attempt to kidnap [via false arrest or imprisonment] shall be fined under this
title or imprisoned for any term of years or for life, or both.
Title 42 United States Code § 1983 (21) " Whoever, under color of law of any statute, ordinance,
regulation or custom or usage, of any state or territory or the District of Columbia, subjects, or causes to
be subjected, any citizen of the United States or other party within the jurisdiction thereof to the
deprivation of any rights, privileges or immunities secured by the United States Constitution and laws,
shall be liable to the party injured in an action at law, suit in equity or other proper proceeding in