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Basically these are three levels of punishment inflicted on the law breaker and has nothing to do with capital letters.
"Capitis deminutio is the destruction of the 'caput' or legal personality. Capitis deminutio, so to speak, wipes out the former individual and puts a new one in his place, and between the old and the new individual there is, legally speaking, nothing in common.
A juristic personality may be thus destroyed in one of three ways: (1) by loss of the status libertatis. This is the capitis deminutio maxima; (2) by loss of the status civitatis. This is the capitis deminutio media (magna); (3) by severance from the agnatic family. This entails capitis deminutio minima."
Rudolph Sohm, The Institutes: A Textbook of the History and System of Roman Private Law 178-79 (James Crawford Ledlie trans. , 3d ed. 1907) [quoted in Black's Law Dictionary, 7th ed.]
In the Antiquity the small letter (minuscule) did not exist, but there were several varieties of the capital and the cursive scripts. There were three varieties of the capitals:
• the lapidary capitals, used mainly on stone monuments;
• the elegant book capitals, that were of a more rounded shape;
• and the rustic capitals, which were less carefully elaborated than the lapidary script and not as round as the book capitals but more easily and quickly written. . . .At the end of the 8th century the Carolingian (Caroline) hand developed and, after becoming the official script and literary hand of the Frankish Empire, developed as the main book hand of Western Europe in the following two centuries. The combination of the capital and small letters is attributed mainly to the Carolingian script.
The form of an alphabetical letter (such as A, B, C) used to begin a sentence or proper noun; an uppercase letter, in contrast to lower case. Verb: capitalize.
In classical Greek and Latin writing, only capital letters (also called majuscules) were used.
1. Jaeger v. Dubuque County, 880 F.Supp. 640 (N.D.Iowa 1995)
2. United States v. Heard, 952 F.Supp. 329 (N.D.W.Va. 1996)
3. Boyce v. C.I.R., 72 T.C.M. ¶ 1996-439 ("an objection to the spelling of petitioners' names in capital letters because they are not 'fictitious entities'" was rejected)
4. United States v. Washington, 947 F.Supp. 87, 92 (S.D.N.Y. 1996)("Finally, the defendant contends that the Indictment must be dismissed because 'Kurt Washington,' spelled out in capital letters, is a fictitious name used by the Government to tax him improperly as a business, and that the correct spelling and presentation of his name is 'Kurt Washington.' This contention is baseless")
5. United States v. Klimek, 952 F.Supp. 1100 (E.D.Pa. 1997)
6. In re Gdowik, 228 B.R. 481, 482 (S.D.Fla. 1997)(claim that "the use of his name JOHN E GDOWIK is an 'illegal misnomer' and use of said name violates the right to his lawful status" was rejected)
7. Russell v. United States, 969 F.Supp. 24, 25 (W.D. Mich. 1997)("Petitioner * * * claims because his name is in all capital letters on the summons, he is not subject to the summons"; this argument held frivolous)
8. United States v. Lindbloom, 97-2 U.S.T.C. ¶ 50650 (W.D. Wash. 1997)("In this submission, Mr. Lindbloom states that he and his wife are not proper defendants to this action because their names are not spelled with all capital letters as indicated in the civil caption." The CAPS argument and the "refused for fraud" contention were rejected)
9. Rosenheck & Co., Inc. v. United States, 79 A.F.T.R.2d (RIA) 2715 (N.D. Ok. 1997)("Kostich has made the disingenuous argument the IRS documents at issue here fail to properly identify him as the taxpayer. Defendant Kostich contends his ‘Christian name' is Walter Edward, Kostich, Junior and since the IRS documents do not contain his ‘Christian name,' he is not the person named in the Notice of Levy. The Court expressly finds Defendant WALTER EDWARD KOSTICH JR. is the person identified in the Notice of Levy, irrespective of the commas, capitalization of letters, or other alleged irregularities Kostich identifies as improper. Similarly, the Court's finding applies to the filed pleadings in this matter")
10. United States v. Weatherley, 12 F.Supp.2d 469 (E.D.Pa. 1998)
11. United States v. Frech, 149 F.3d 1192 (10th Cir. 1998)("Defendants' assertion that the capitalization of their names in court documents constitutes constructive fraud, thereby depriving the district court of jurisdiction and venue, is without any basis in law or fact").
There is a huge forest of falsehoods and misinterpretations that some people are trying to convey. This thread is about using capitaalization and punctuation in names to create a certain legal result. You say there is merit in it? I say there isn't, and so do the courts. Please provide your evidence that it makes a real life, legal difference.
Originally posted by daynj1736
Actually there is merit to the all caps....but that is not the basis of what people are trying to convey,