|
|
|
|
|
Nunc Pro TuncNunc pro tunc is a Latin expression in common use in the English language. It means Now for then and while its application is common to certain legal documents, its application resonates within the writings of Nineteen Eighty Four by George Orwell. Definition Nunc pro tunc or now for then is a phrase which theoretically applies to acts that are allowed to be done after the time when they should have been done with a retroactive effect. However, the practice is often use to cover up misdeeds or to make the past disappear in Orwellian fashion so that a new record of the past can be inserted in place of the original record. In other words it is supposed to be an inserted entry made now of something actually previously done to have effect of a former date. The idea is that the corrected record will not create a new record, but create a true record that should have been made originally, but due to inadvertence or mistake, was not done at the time. Corporate application A corporation may have been created by an individual, but since a corporation has the standing in law of a person (although not a natural person), it is possible for its human creator to go bankrupt and for the assets of the corporation to be seized to satisfy unpaid taxes. Then, if others bought the assets from the tax authority and the corporation shell passed into other hands, it is possible for the person who bought the assets to also buy the corporation shell and upon payment of corporate franchise taxes, for that individual to claim that the corporation is the original corporation with the original assets. When someone inspects the new corporate record they could find that the history of the corporation has been rewritten so that its current owner appears to be the original owner. This has happened in the case of PAMS jingles within the State of Texas Corporations Division. However, the person currently listed as being the founder of the company would have been a mere child in reality and Bill Meeks who in reality founded the company, is no longer a part of the original wrtitten record of the company that is on file with the State. Adoption application An individual marries and the parents have a child. The parents divorce and one parent is granted sole custody of the child. The parental custodian of the child then marries and the new partner seeks adoption of the child which is granted. The original birth certificate which reflects the name and address of the actual parent, who is no longer a part of the legal chain of custody of child, is then removed from the records by the State and a new birth certificate is inserted in its place. This new document now shows that the child has a different surname and a different name for the birth parent but the address is the same as the original parent. The original document is sealed and only the new document is available for examination and thus the original parent disappears from view. Religious application A religion that commenced with an individual on a certain date and in a certain place emerges into a religion that requires a prehistory to show that the origin of the religion predates the actual starting date. Religious history is then rewritten to accommodate and incorporate persons and events that took place long before the actual dawn of the religion itself. But since the history books now only reflect the changed history, only the changed history is available for examination. Political application George Orwell, in his novel Nineteen Eighty Four, described a political machine which so dominated a nation that its civil servants regularly removed old texts and replaced them with new texts of the old events. Sometimes these clerks would also remove the new texts and replace them with the old once again with never a question to be asked as to why this was being done. In the novel, the purpose of these activities was political, as the Party of Big Brother was able to dictate what was true and what was untrue and that which happened and that which never happened, not according to reality but according to the whim of the Party. References - Black's Law Dictionary = Nunc pro tunc
- Barron's Law Dictionary = Nunc pro tunc
External links - PAMS = recent history of the company.
- Lectric Law Library = offers a definition where by forgetfulness a final decree is not requested in a divorce, yet one party has remarried. The court may grant a nunc pro tunc leave to file the papers to enable the granting of a retroactive divorce. An editorial opinion is offered that application of nunc pro tunc is granted to render justice, but never injustice. However, rendering justice does not necessarily mean doing no harm and because corrupt courts do exist, it is possible to do that which is legal for unethical reasons.
- Missouri tax case = "Wherefore, the docket entry of 1st day of October 2001 has been removed, the entry for the 4th day of October 2001 does not speak to the facts, the entry of the 2nd day of October 2001 was a belated entry, and the entry of the 27th day of July 2001 is not accurate, plaintiff must request correction of the official record. Plaintiff must request relief from the court to correct its own record."
- Ohio sexual abuse case = Catholic diocese of Cleveland and sexual abuse allegations.
- Virginia grand larceny case = "We hold the trial court's entry of the sentencing order nunc pro tunc was proper and contained an implicit finding of guilt for the charged offense."
- Ohio federal bankruptcy case = objection by United States Trustee.
- Michigan Probate Court = adoption case relating to Social Security.
- Oregon court case = reversal of nunc pro tunc order for attorney fees.
|
 |
|
| Copyright 2005-2009 OnPedia.com. All Rights Reserved |
|
|