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Pseudolaw
Pseudolaw consists of statements, beliefs, or practices that are claimed to be based on accepted law or legal doctrine but have no actual basis in law and are generally rooted in conspiracy theories. Pseudolegal arguments deviate significantly from most conventional understandings of law and jurisprudence and often originate from non-existent statutes or legal principles the advocate or adherent incorrectly believes exist. Canadian legal scholar Donald J. Netolitzky defined pseudolaw as "a collection of legal-sounding but false rules that purport to be law", a definition that distinguishes pseudolaw from arguments that fail to conform to existing laws such as novel arguments or an ignorance of precedent in case law. He has also compared it to "a form of legal quackery or snake oil". The term Organized Pseudolegal Commercial Arguments (OPCA) was coined in a 2012 Canadian court decision as an umbrella term for pseudolegal tactics and arguments, and has since been used by lawyers and ...
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Redemption Movement
The redemption movement is a pseudolaw movement, mainly active in the United States and Canada, that promotes fraudulent debt and tax payment schemes. The movement is also called redemptionism. Redemption promoters allege that a secret fund is created for every citizen at birth and that a procedure exists to "redeem" or reclaim this fund to pay bills. Common redemption schemes include acceptance for value (A4V), Treasury Direct Accounts (TDA) and secured party creditor "kits," collections of pseudolegal tactics sold to participants despite a complete lack of any actual legal basis. Such tactics are sometimes called "money for nothing" schemes, as they propose to extract money from the government by using secret methods. The name of the A4V scheme in particular has become synonymous with the movement as a whole. Although the movement has maintained a following since the 1990s, its theories are false and meritless. Those who participate in redemption schemes, and especially those ...
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Paper Terrorism
"Paper terrorism" is a neologism referring to the use of false liens, frivolous lawsuits, bogus letters of credit, and other legal or pseudolegal documents lacking sound factual basis as a method of harassment against an opponent on a scale described as evocative of conventional armed terrorism. These methods are popular among some American anti-government groups and those associated with the redemption movement. Mark Pitcavage of the Anti-Defamation League states that these methods were pioneered by the Posse Comitatus. Some victims of paper terrorism have been forced to declare bankruptcy. An article by the Southern Poverty Law Center states that another tactic is filing reports with the Internal Revenue Service falsely accusing their political enemies of having unreported income. Such frivolous lawsuits also clog the court system making it more difficult to process other cases and including using challenges to the titles of property owned by government officials and ...
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Tax Protester
A tax protester is someone who refuses to pay a tax claiming that the tax laws are unconstitutional or otherwise invalid. Tax protesters are different from tax resisters, who refuse to pay taxes as a protest against a government or its policies, or a moral opposition to taxation in general, not out of a belief that the tax law itself is invalid. The United States has a large and organized culture of people who espouse such theories. Tax protesters also exist in other countries. Legal commentator Daniel B. Evans has defined tax protesters as people who "refuse to pay taxes or file tax returns out of a mistaken belief that the federal income tax is unconstitutional, invalid, voluntary, or otherwise does not apply to them under one of a number of bizarre arguments" (divided into several classes: constitutional, conspiracy, administrative, statutory, and arguments based on 16th Amendment and the "861" section of the tax code; see the Tax protester arguments article for an overvie ...
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Frivolous Litigation
Frivolous litigation is the use of legal processes with apparent disregard for the merit of one's own arguments. It includes presenting an argument with reason to know that it would certainly fail, or acting without a basic level of diligence in researching the relevant law and facts. That an argument was lost does not imply the argument was frivolous; a party may present an argument with a low chance of success, so long as it proceeds from applicable law. Frivolous litigation may be based on absurd legal theories, may involve a superabundance or repetition of motions or additional suits, may be uncivil or harassing to the court, or may claim extreme remedies. A claim or defense may be frivolous because it had no underlying justification in fact, or because it was not presented with an argument for a reasonable extension or reinterpretation of the law. A claim may be deemed frivolous because existing laws unequivocally prohibit such a claim, such as a Good Samaritan law. In ...
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Vexatious Litigation
Vexatious litigation is legal action which is brought solely to harass or subdue an adversary. It may take the form of a primary frivolous lawsuit or may be the repetitive, burdensome, and unwarranted filing of meritless motions in a matter which is otherwise a meritorious cause of action. Filing vexatious litigation is considered an abuse of the judicial process and may result in sanctions against the offender. A single action, even a frivolous one, is usually not enough to raise a litigant to the level of being declared vexatious. Rather, a pattern of frivolous legal actions is typically required to rise to the level of vexatious. Repeated and severe instances by a single lawyer or firm can result in eventual disbarment. Some jurisdictions have a list of vexatious litigants: people who have repeatedly abused the legal system. Because lawyers could be disbarred for participating in this abuse of the legal process, vexatious litigants are often unable to retain legal counsel, ...
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