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) Case No. 09-T14451
8 THE STATE OF COLORADO )
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9 Plaintiff-in-Error, ) ACCEPTANCE OF CONSTITUTIONS
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10 vs. )
AND OATH OF OFFICE
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11 ANTHONY JG HOSIER, )
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12 <sic> <misnomer> ) Date: __ Day of ____ (month), 2006 (date of trial)
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13 Aggrieved Defendant ) __:__ A.M. or P.M. (time of trial), Traffic Court
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19 Point of Law: All contracts commence with an offer and only become binding upon acceptance.
20 See: "Contracts" by Farnsworth, third edition, sect. 3.3, pages 112, 113. Infra.
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22 The organic Constitutions of the United States of American, and the State of
23 ____________ (name of state, Upper & Lower Case Type) and the Oath of Office of the above
24 named PUBLIC SERVANT, amounts to nothing more than an offer of an intention to act or
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1 refrain from acting in a specified way between the respective governments and the private
4 Be it known by these presents that I, John Quincy Jones, do hereby accept the organic
5 Constitutions of the United States of America and of the State of __________ (name of state,
6 Upper & Lower Case Type) and the Oath of Office of the above named PUBLIC SERVANT as
7 your open and binding offer of promise to form a firm and binding contract between the
8 respective governments, their political instrumentalities and the above named PUBLIC
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11 I expect that, as a PUBLIC SERVANT, you will perform all of your promises and stay
12 within the limitations of your constitutions, create no unfounded presumptions, seek only the true
13 facts and tell the truth at all times and respect and protect my right of personal liberty and private
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17 explicitly without recourse and now constitutes a binding contract and any deviation there from
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1 VERIFICATION
3 I, John Quincy Jones, declare under penalty of perjury in accordance with the laws of the
4 United states of America that the foregoing is true correct and complete to the best of my
7 ______________________________
8 (Declarer’s Signature)
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11 ______________________________ ______________________________
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15 ______________________________ ______________________________
16 ______________________________ ______________________________
17 ______________________________ ______________________________
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19 Dated: ________________
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1 "Contracts" by Farnsworth, third edition, sect 3.3, pages 112,113
3 Offer and Acceptance. The outward appearance of the agreement process, by which the parties
4 satisfy the requirement of bargain imposed by the doctrine of consideration, varies widely
6 exchange of letters or facsimiles, or merely the perfunctory signing of a printed form supplied by
7 the other party. Whatever the outward appearance, it is common to analyze the process in terms
8 of two distinct steps: First, a manifestation of assent that is called an offer, made by one party
10 and second, a manifestation of assent in response that is called an acceptance, made by the
11 offeree to the offeror. Although courts apply this analysis on a case-by-case basis, depending on
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15 assent to enter into a contract if the other manifests assent in return by some action, often a
16 promise but sometimes a performance. By making an offer, the offeror thus confers upon the
17 offeree the power to create a contract. An offer is nearly always a promise and in a sense, the
18 action (promise or performance) on which the offeror conditions the promise is the "price" of its
19 becoming enforceable. Offer, then, is the name given to a promise that is conditional on some
20 action by the promisee if the legal effect of the promisee's taking that action is to make the
21 promise enforceable. Empowerment of the offeree to make the offeror's promise enforceable is
22 thus the essence of an offer. When does a promise empower the promisee to take action that will
23 make the promise enforceable? In other words, when does a manifestation of assent amount to an
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1 What is an "acceptance"? It can be defined as the action {promise or performance} by the
2 offeree that creates a contract (ie, makes the offeror's promise enforceable). Acceptance, then, is
3 the name given to the offeree's action if the legal effect of that action is to make the offeror's
4 promise enforceable. When does action by the promisee make the promise enforceable? In
5 other words, when does the promisee's action amount to an acceptance? This is another of the
6 main subjects of this chapter. Because of the requirement of mutuality of obligation, both parties
7 are free to withdraw from negotiations until the moment when both are bound. This is the
8 moment when the offeree accepts the offer. It therefore follows, as we shall see later in more
9 detail, that the offeror is free to revoke the offer at any time before acceptance.
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