The Capillary Wave: Word Index
Black’s Law Dictionary First Edition
To appear is to be properly before a court; as a fact or matter. Therefore if you “appear” at court you are there properly as a “fact” or “ a matter”, of which the court can take notice.
As we can see from the definition of the word “fact” it fits in perfectly with the above explanation of what it is to “appear” at court.
By appearing at court it is then considered that the fact that you are there is seen as evidence, and proof that you are what the court summons stated you to be. So by that definition; appearing and proving are the same thing.
If then you were to appear at court “as” Mr Joh DOE, it would be evidenced and proven before the court, that in fact and matter you would indeed be “Mr John Doe”.
- Maxim – The presence of the body cures the error in the name.
Rule number one at court, if you do not correct the error in the name immediately, the fact that you are there will be proof that the name on the court summons is correct. Your body at court, appearing; is the evidence, the proof.
Therefore to “appear as” something is to be something that you are not, but the very fact that you are there at court means that it will be taken as fact or matter that you are in-deed that thing, by virtue of being there; at court.
This information is borne out by the evidence of a key passage from the Interpretation Act 1889 at Section 2. shown below:
Below is Section 2. of the above Interpretation Act 1889 enlarged. This section is of very high importance to any student of law and governance. It states that a “person” who is likely to be punished by either an “indictment” (crown court) or “summary judgement” (magistrates court) will be treated as a “body corporate”. In simple terms; if you are at court where the Crown is trying to punish you, then you are there “appearing as”, and will be treated “as”: a “body corporate”. This is precisely what it sounds like; a corporate body. If you are wondering why, how? Then it would be wise to read my article:
- Maxim –expressio unius est exclusio alterius : a principle in statutory construction: when one or more things of a class are expressly mentioned others of the same class are excluded
A quick definition of expressio unius est exclusio alterius:
[Expressio unius est exclusio alterius: This is a Latin phrase that means when you mention one thing, it means you are excluding the other things. For example, if a rule says “each citizen is entitled to vote,” it means that people who are not citizens are not allowed to vote. This is a way of interpreting laws orrules to understand what they mean.]
Clearly you are not really a “body corporate”, but if you appear at court for the LEGAL NAME, then you will be there as something that you are not; a person. This is why to “appear” at court means that it will be taken as evidence and proof of the fact or matter that you are now “appearing as” – a body corporate ,which is what a person is at law; see
- Word Index: Person.
- Word Index: Legal Name
An example to help cement this in your mind:
Ricky Gervais “as” David Brent, or Ricky Gervais “appears as” David Brent
Ricky Gervais has to “appear as” David Brent because he can never “be” David Brent, and David Brent can never be Ricky Gervais; impossible.
- “God hath given you one face, and you make yourselves another” – William Shakespeare
- “To be or not to be” – William Shakespear
- “I am that I am” – Exodus 3:14
Those that understand what a legal name is will understand that you can never be the name on a court summons. That is why they need you to “appear as”.
You can NEVER be “Mr John Henry Doe”. You can only appear as that. So the Crown get you to act as that person. That is why Acts of Parliament are called “Acts”.
Below is a real world example of a local council attempting to get someone to “appear as” something that they are clearly not; a person:
Articles related to this important word: