Boxes - Four Corner Rule

Re: Boxes

Postby i-remember » Tue Jul 28, 2009 9:58 am

i was intrigued by a quote in a post by SoulWave in this thread- "an unrecognized government is not entitled to participate in diplomatic negotiations or to have its laws applied in lawsuits or in jurisdictions" - and would like some info on it - anyone know where it came from.
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Re: Boxes

Postby huntingross » Tue Jul 28, 2009 11:04 am

Found this in Google Books
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Re: Boxes

Postby Farmer » Tue Jul 28, 2009 11:51 am

And this:

http://www.legal-explanations.com/definitions/four-corners-rule.htm

the next one has an interesting quote at the end of paragraph 18: "This is an interesting position specially for common law lawyers who are used to the four corner rule."

http://www.murdoch.edu.au/elaw/issues/v6n3/zeller63.html

http://www.bbcon.com/seminars-teleconference-ild.shtml

http://www.studentweb.law.ttu.edu/ils/Outlines/outlines_texas_crim_pro_bubany.htm

http://www.michbar.org/opinions/appeals/2000/052600/7228.html

Also got the following from a search engine cache:

Real Estate Blog - LOAN MODIFICATION VS. LOAN VERIFICATION - say ...
Filed in Loan modification law

LOAN MODIFICATION VS. LOAN VERIFICATION - say "NO" to modification. we are not a law firm or attorneys. Nothing in this message should be considered legal advice or construed as such. If you need legal advice, please consult an attorney ... The Defendant should utilize a independent third party, as an expert witness, to fully conduct forensic analysis of the mortgage contract between the parties, also known as the "FOUR CORNER RULE" of a contract for violations of ...Real Estate Blog - Further details about the $8000 First Time ...If you purchase the home from a home builder, then the 'settlement' date on the contract must be between 1/1/09 and 11/30/09. If you have hired a contractor to build your home, then the tax code defines the purchase date as the 1st .... My goal as a Loan Officer is to work with local real estate agents by helping increase their business. I approach this in two way...

The following is from the Demond-William-P_Masters.pdf file attached:

BENNION, supra note 10, § 264, at 670-671 ("It is the basic principle of legal policy that law should serve the public interest. The court when considering, in relation to the facts of the instant case, which of the opposing constructions of the enactment would give effect to the legislative intention, should presume that on the so-called "four corner rule" where 1) an ambiguity arises and 2) it is not clarified within the four corners of the document in question. Therefore, common law courts are arguably required to rely upon the express words of the legislature when a provision is clear or upon reasonable implications discerned via various accepted interpretative guidelines when such words are unclear.


http://legal-dictionary.thefreedictionary.com/four+corners+of+an+instrument

four corners of an instrument n. the term for studying an entire document to understand its meaning, without reference to anything outside of the document ("extrinsic evidence"), such as the circumstances surrounding its writing or the history of the party signing it. If possible a document should be construed based on what lies within its four corners, unless such examination cannot solve an ambiguity in its language.

http://www.nextclass.net/lms/mod/glossary/print.php?id=292&mode=letter&hook=F&sortkey=&sortorder=&offset=330

FOUR CORNER RULE: a rule of interpretation holding that an instrument such as an oil and gas lease must be interpreted from within the four corners of the instrument. Interpretation is made without any aid from knowledge of the circumstances under which the instrument came into being; the instrument is construed as a whole, without reference to any one part more than another.
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Re: Boxes

Postby huntingross » Tue Jul 28, 2009 1:19 pm

So, for clarity, if I'm understanding this.....everything on the page or pages of the document must be read together to get the intended meaning.

So boxes in boxes are not excluded.
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Re: Boxes

Postby Farmer » Tue Jul 28, 2009 1:33 pm

If I understand this correctly, and I haven't read everything completely yet, only what is within the four corners may be used. So I would think that if there are more boxes then they too can be used. So if we look at my birth entry in the family book, only what is within the red box may be used.

This may then also mean that only the fiction is to be used and not the natural me. But, in the links I gave, they also mention the four corners of the page, sheet, or document (affidavit). So there may still be something missing in the definition, or a missing rule of use.

One thing is clear though, it seems to be the opposite to what everyone in the freedom movement says it is. Or am I missing something.
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Re: Boxes

Postby huntingross » Tue Jul 28, 2009 1:39 pm

Using your family book as an example, and my understanding....everything on that page IS included.

Which IS opposite to the info on the freedom circuit.
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Re: Boxes

Postby Farmer » Tue Jul 28, 2009 1:53 pm

Actually, it may also be the whole book.

The quote that I keep thinking of is: "This is an interesting position specially for common law lawyers who are used to the four corner rule.", suggesting that its used a lot in common law courts. This could however be judicial common law.
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Re: Boxes

Postby huntingross » Tue Jul 28, 2009 2:06 pm

I would agree with both of your statements.

The document is judged within itself, only when something isnt resolved within the document, do you look outside....so I could see this would be used heavily in common law....its the contract between parties....ie. their truth.
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Re: Boxes

Postby Terrywho » Tue Jul 28, 2009 9:54 pm

Hi
What I think is that the four corners of the page are the boundaries of a single document...putting something in a box on that document is like stapling another document to it so that many documents can "appear" to be one.So looking at Farmers BC, it is two documents and the producer has tacked them together so it appears to be one and most of us will just see it as one.However we can undo the staples and deal with each document seperately.Which when it comes to dealing with "legal" documents is pretty useful .Thats what I think.... now someone prove me right :grin:
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Re: Boxes

Postby huntingross » Tue Jul 28, 2009 10:01 pm

That's a nice theory, and sounds plausible, but I get the distinct impression from reading the legal thoughts on this now....that even if that were the case....it is no longer.
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