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DISCLAIMER:

I am NOT an attorney.
This page is nothing more than my
LEGALLY inept, UNQUALIFIED opinion.
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The Courts

And What You Need To Know about Them



           If somebody kills you or the person who supports you they have deprived you of a constitutional right. However if somebody sits and watches you get killed or watches the person who supports you get killed and does nothing about it and refuses to testify or get involved, they have done nothing wrong in the eyes of the law. Other citizens do not owe you your constitutional rights. You have that contract with the federal government and the state government. You do not have it with your next door neighbor or your friend. You don't have that contract with the city, county or the neighborhood HOA. While you have a constitutional right to life and your conditional possession of property, I have a right to be free from involuntary servitude. I am under no legal obligation to provide goods or services to you or anyone else. If I stopped the crime, would that NOT be a service to the victim? If I was FORCED by the government to stop the crime, would that make it any less of a service? Before you critique those statements remember this; It does not matter a hill of beans what your opinion is on the subject. The only opinion on this subject that matters is the one the Supreme or Appellate court issue in their rulings.

           While it is illegal for a person to steal a possessed right away from another person, it is not illegal for a person to withhold what you do not possess. For example, you have a right to life, but have a poorly working heart. My relative dies and I bury with the corpse a perfectly good heart that would have saved or extended your life. You currently possess your life, but I do not have any obligation or duty to give you any means to extend it or add to it. Your life is yours and if it is short.... that sure sucks, but that is your problem alone. If I were obligated to supply to you your rights, I would technically be your slave and that obligation to serve you is illegal. The constitution is a contract between the states and the federal government. The Amendments are the terms by which the federal and state governments must abide. It is not a contract between the city, who gave you a traffic ticket and you.

           What is a city? It is a group of people who get together and form an organization to settle disputes, keep the peace and provide services. Both the state and federal government recognize the need for people to settle disputes, keep the peace and band together to reduce costs. So this group of people get together and incorporate. In that process they make rules to keep peace, settle disputes, collect the garbage and pipe water, gas, and sewer and provide electricity and the internet at what is supposedly reduced costs. You volunteer to be a part of that group by living or working or just being physically within the geographical area of the city. If you don't like that..... KEEP OUT! This group of people do not owe you your constitutional rights. You have no contract with them to enjoy constitutional rights and it does not matter a hill of beans if the city courtroom flags are on the correct sides of the room or if they have flanges on them! The only agreement you have with them is to abide by the rules governing the geographical area while you work, live, own property within or visit it. What you think or what your opinion is matters as much as a dog turd on some guys lawn in China. The only thing that matters is Supreme Court rulings, Appellate Court rulings, Federal law, State law and the court rules. Find the rule, find the law, find the precedent and win the point!

           The city court was created by the counsel, mayor and citizens by obtaining a charter from the state or county. They made the rules and they don't legally owe you anything other than what is in the charter. While they cannot legally take a constitutional right away from you, a right which you currently possess, they have no obligation or duty to provide constitutional rights to citizens like candy at Halloween. The court is run by ordinances created by the counsel and mayor or that were originally established in the charter or articles of incorporation. If you run a stop sign, you are going to get a ticket and there is nothing unconstitutional about that.

           But if you think there is something unconstitutional about your traffic ticket, you would then file suit in a court established by the Supreme Court of the state or of the United States, at which time the city would then be a party to the suit as well as you. The city would be the defendant and you would be the plaintiff and the venue would likely be a state district court or a state circuit court. However you could use a federal district court because the city is an arm of state government. But the Supreme Court has previously ruled that states are as the federal government. A state court, one established by the state supreme court, must operate as federal courts established by the United States Supreme Court. Those courts must provide to you your constitutional rights.

           However there are many different courts not created by supreme courts! There are tax courts, juvenile courts, bankruptcy courts, probate courts, FAMILY COURT, traffic courts, worker compensation courts and a host of other courts. These are all referred to as "Administrative Courts." These courts were created by the senate and/or congress, state legislators, city and county counsels and so on and use city ordinances or statutes or acts either as procedure or as guidelines for counsels and boards to establish procedures. Your constitutional rights have squat to do with the process. And it is a process NOT A TRIAL! Your innocence or guilt are never in question in administrative courts. The function of an administrative court is to "put a process upon you." The federal and state governments allow a great latitude and autonomy to institutions, citizens, cities and counties as well as parents to settle disputes, keep the peace and provide services. The golden catch is that all parties to these process courts must be voluntary. One volunteers automatically by law, by what is called "Manufactured Consent." And it is that Manufactured Consent that robs you of many of your constitutional rights without you ever knowing what happened. And the Supreme Courts of the both the state and federal governments have no problem with these courts using this type of manufactured voluntary consent.

           But think about it for a minute. Why on earth would anyone engage argument in absence of expectation? The rule is rational and logical, but unfortunately we as individuals are not. By rule, argument before the bench is tacit consent.... but consent nevertheless to jurisdiction. If you argue your case before the bench, you imply the consent needed by rule to give the bench authority to adjudicate your issue. Such manufactured consent satisfies the requirement of the Supreme Court that all parties are voluntary. And that is how you get stuck in administrative kangaroo court hell forever! DON'T GIVE IT TO THEM. DON'T PARTICIPATE IN THE LEAST! ONLY OBJECT! If you want to enforce your Constitutional Rights..... STOP VOLUNTEERING!!! STOP CONSENTING!!!

           For the last 200 years or so the Supreme Court of the United States has consistently ruled that citizens of this great nation have a duty and obligation to appear before ONLY JUST ONE VENUE! And that venue is only before courts established by the Supreme Court. Traffic court is not that court! That is precisely why it is that when you receive a traffic ticket you are asked to sign a "Promise to Appear!" Why? Well because you have absolutely no duty or obligation to appear and they want to make sure that you show up! If you promise and then you do not show up, you have committed a crime. You have lied upon a document you knew would be submitted to a court as evidence. And a warrant for your arrest will be issued to bring you in. And if you don’t sign, they will bring you in post haste and if you argue, you grant voluntary consent. So if you argued you should have saved yourself the bail and towing charges and just signed the ticket.




Manufactured Consent



           The crux of the matter, is that the Supreme Court has ruled that all these other courts may exist upon one condition. And that condition is that all participants are completely voluntary. Evil people quickly realized that consent had to be tacit because if people were aware of exactly what consent did, virtually nobody would ever consent. So they hid your consent in about 5 rules that are not listed together anywhere or even in the same sets of rules. The first rule is in the rules of civil procedure and states that jurisdiction is always the first issue before a court. The second rule is hidden in the rules of judicial administration and state that if a party is not objecting to jurisdiction then the judge is to recognize that the party is arguing his case. The third rule is usually right next to it and states that if one argues, he tacitly agrees to the jurisdiction of the court to adjudicate the issue. And the fourth rule is in the rules of civil procedure and states that there is no excuse whatsoever to be ignorant or unaware of any rule. And the fifth rule is the right to due process which unfortunately suits your opponent more than it does you half the time. The right to due process is defined as a citizen’s right that all parties follow the rules and agreements or lose their case. If you signed a cell phone contract, the phone company has a right that you follow the rules you agreed to! And this is why almost everyone who agrees to arbitration loses in court. Bam! Manufactured consent! You don’t have to sign those types of secondary contracts and they are even more binding than those you do sign!

           The solution to the administrative (family court) problem is in the rules. The first order of business is jurisdiction. Therefore on day one, in the first second you have the floor at the bar you inform the court that it has limited jurisdiction over you. Specifically, the court may not infringe upon any of your constitutional rights, "And it appears from the pleadings, your honor, that this court, by motion of the state, wishes me to go pick cotton, so that the fruit of my labor can be freely given away to another citizen to spend as she sees fit without any accountability. This is the very definition of slavery. Further, your honor, neither you, nor the attorney for the state, nor the attorney for the petitioner, nor the bum who is happily married and lives with his wife and kids down the block, while supporting them with welfare has any order to get a job and support the respective wife and children. Nor do any have an order to make welfare dispersement restitution to the state. It is my contention that such an obligation is fulfilled with my signature upon my tax forms. The Constitution dictates that it is unconstitutional for the state to take my property for a public purpose without just compensation. Welfare dispersements are a public purpose and I am not responsible for any distributions thereof. And the state has no constitutional basis in law to even operate a welfare program as it exists. Therefore this court has limited jurisdiction over me, because it cannot force me into involuntary servitude nor take my property for a public purpose without just compensation. Your honor, because the state has intervened in this case, by rule I now have the right by rule to a change in venue to a federal court. I now motion for that change of venue."

           Then sit down and shut your pie hole and refuse to agree to anything or cooperate in anyway until the court has settled those issues and if it runs over you, MAKE YOUR OFFER OF PROOF AND BEGIN THE APPEAL PROCESS BY FILING IN A FEDERAL COURT FOR AN INJUNCTION against the family court. Unfortunately your family law attorney will not be able to represent you in that court unless he is certified and odds are that he is not. This will all now become more expensive and the state will likely bow out of the litigation at this point. If so, motion the court to remove them as a party but let their pleadings remain upon the record in case they come back. By rule, once a party does this, they cannot come back for the same reasons.

Lack of Money

           Never forget that access to the courts CANNOT BE DENIED FOR A LACK OF MONEY! If a person has no money, he can simply fill out a financial declaration (Notarized will probably help.) and give it to the court clerk when filing and she will submit it for consideration. Fees will either be waived or prorated. For more information on this subject click here. or go to the menu on the left where is says "Circumventing Court Costs, Filing Fees."

           Below are a series of 4 short articles I wrote to explain what I have explained above but in a different way. If you have got the concept, fine. If you want to read more, fine also. I just tell a little story about Hillary and her constitutional attorney son Buck Ofama.



Article 1

The Fundamental Violators Of Constitutional Rights. YOUR PARENTS!




           All our lives we are taught that we have this wonderful thing called the Constitution and how that document grants us rights. Yet never are we taught anywhere, how to enforce those rights. We really need to begin at the beginning to understand the process. Most of us are parents and we love our children. But let us consider what we do to them. We have quite a bit of autonomy and latitude over our children. For instance, we absolutely refuse to let them say certain words or things or talk a certain way. Many parents force their children to go to church and not just any church! They force them to go to their chosen church! Also they refuse to let their sons possess the "Red Ryder carbine-action, two hundred shot Range Model air rifle with a compass in the stock and this thing which tells time," or have or carry a sling shot. And many parents insist their children dress in a certain manner and they also restrict their friends and who they can associate with. And that is not all! Parents often force them to do chores! And if they don't behave they get a spanking and/or have to go sit in their room. And even worse than that, when children get in trouble their parents often force them to testify against each other as well as against their own selves! And do you know what? Nobody cares. The neighbors don't care. The city doesn't care. The county doesn't care. The state doesn't care and the federal government doesn't care. I CERTAINLY DON’T CARE, and you probably don’t care. Nobody cares! And if one of those children ever happened to complain to his dad concerning his lack of constitutional rights, his dad would probably laugh about it and say “That dang kid is so cute!” He would tell his mom what he said and she would agree!

           Let's see.... How many Constitutional rights are being violated here? Speech, religion, right to bear arms, freedom of association, the right to be free from involuntary servitude, cruel and unusual punishment, no right to habeas corpus and testifying against ones self..... That's eight! Eight violations of the children's constitutional rights!

           Well you can see society, and the government allow parents quite a bit of latitude, quite a bit of autonomy concerning what is going on within the walls of their home. And unless something extremely egregious occurs, like starvation, severe beating or murder, the city, the county, the state as well as the federal governments are content to let most all parents keep the peace and settle disputes however they see fit within the walls of their humble little home and within the bounds of their properties.

           Please stay tuned for tomorrows article titled, “Parents Are Not The Only Violators Of Constitutional Rights!”

Copyright © April 16, 2017 by Joseph Pratt



Article 2

Parents Are Not The Only Violators Of Constitutional Rights!




           In all fairness, your parents did not author, and neither did they contract with you to give you constitutional rights. So they have no legal duty or obligation to supply you with your constitutional rights, but they are not allowed to break the law. They are not allowed to beat you or kill you. However, outside of our family, we have society. Depending upon where you live you are exposed to massive groups of people or small groups of people. But let’s keep it small, and on the west side of the Great Salt Lake. Imagine a few families decided to move out to nowhere and commune. They soon would find that they need a few rules to keep the peace and settle disputes. Keep in mind they still live in the United States.

           Well what usually happens in such situations is that the group decides to incorporate and form a city. This is OK with the county and the state and the federal government. They have their own rackets going on and they don’t mind if people settle their own disputes and keep their own peace. Hey! It’s less work for them. And as long as they don’t do anything egregious and pay their required taxes they are fine with not being involved. They will even let them form their own police force and create a city court. The people involved in the corporation will sit down together and come up with some rules. They will plan the community with zoning and come up with rules called ordinances. They will build some roads and put up some stop signs and traffic lights and then write ordinances requiring motorists to obey the traffic rules within the geographical boundaries of the city. They have police to enforce the ordinances and the court to decide the issues of conflict. This is much the same as a family with children, except it is the court and the counsel instead of mom and dad. It’s like a family with more children.

           Interestingly enough, in this same little city reside a constitutional attorney Buck Ofama and his widowed mother Hillary. Hillary got a traffic ticket the other day and knew that it was an injustice. She decided to fight the ticket, so she went to the city court to stand before the city judge. When her turn came the bailiff called her name and she came forward and stood staring at the judge and the judge sat staring at her. She had no idea what to say. She just knew the ticket was an injustice and wanted to fight it. After a minute the judge broke the silence and asked Hillary, "How do you plead." But unfortunately it was at that same moment that Hillary's constitutional attorney son, Buck Ofama, walked into the courtroom. Buck immediately shushed his mother and turned to the judge and said; "Objection, your honor. The Defendant here has never received a complaint signed by a prosecutor as is constitutionally required and I don't believe you have one in front of you either. So there is nothing here for her to plead to! (A traffic ticket is basically a witness statement, not a complaint!) Further, although the witness has appeared, (the cop) the prosecution has failed to appear and this is grounds for dismissal according to the Rules of Civil Procedure. (RCP) And further still, your Honor, the defendant has a constitutional right to an unbiased and impartial tribunal, yet YOU, your honor asked her how she pled, when YOU KNEW that there existed no complaint signed by a prosecutor as is constitutionally required! And further still, your court clerk, prepared the paperwork in front of you and therefore is doing the work of the prosecution which is both unethical and illegal. The court is acting in absence of a prosecutor and is acting therefore AS A PROSECUTOR which makes this court an inquisition, which is illegal in the United States of America. It is against the rules of ethics for a judge to be both a prosecutor and a judge. This is grounds for a change of venue and the trial for the $50 speeding ticket has yet to even begin!" The judge began to snicker and then broke out into a full belly laugh! "Cool down there Mister Ofama! I believe you don't have any idea where you are! You are in a city court! And you are acting like your arguing before the Supreme Court! We go by city ordinance rules here young man! And while you are in our city, both you and your mama are going to tow the city ordinance line! Please hand me a Kleenex! It's been a while since I laughed so hard! I’m gonna share this with the counsel! That is soo cute!

           Let's see, that is only four violations of the constitution, I could go on and say things like the city counsel set the speed limit Hillary broke and how the constitution says only congress shall pass laws, so there was really no law broken, but four is enough to make the point that we all know traffic court is a blatant constitution violator. But could you go into a traffic court and say these things? Yeah! Would you be correct in all your assertions? Yeah, you would if you were in a court established by the supreme court.....

But you're not…….

So what would happen? Well it was a traffic court. Traffic court runs by administrative procedures as set forth by city ordinance and/or state statue. Remember the people who got together and incorporated? Well they wrote these traffic rules, keeping of course within the bounds of the state statute and federal law. Grass roots keeping of the peace and settling disputes is just as legal as your parents forcing you to do chores. It is just as legal for the city to keep the peace and settle disputes within it’s geographical area as it is for your mother and father to settle disputes and keep the peace within the geographical areas of their home and properties. Keeping of course within the bounds set by the city, state and federal governments. THIS IS CALLED FREEDOM. You are not forced to live in the city. You are not forced to live in the state. You are not forced to live in the country. You are free to leave, and apparently until the election of Trump, anyone was free to come or go as they so pleased. You are a voluntary citizen. But when you live in your parent’s home, by golly you are going to keep the rules. Same thing goes for the city you live in.

           But in all fairness, the city did not author, and neither did they contract with you to give you constitutional rights. So they have no legal duty or obligation to supply you with your constitutional rights, but they are not allowed to break the law. They are not allowed to beat you or kill you. Just a little financial rape and pillage……. But only with your consent of course. And you ALWAYS give consent! If you want to enforce your constitutional rights, you need to know how to quit giving your consent!!!

           Please stay tuned for tomorrows article titled, “What is Manufactured Consent???”

Copyright © April 17, 2017 by Joseph Pratt



Article 3

What is Manufactured Consent???




           While it may be completely illegal for a court established by the USSC to act as an inquisition, it is not necessarily illegal for the administrative courts to behave so. Therefore, maybe inquisitions are legal after all! The bottom line is that the Supreme Court has consistently ruled that as United States citizens we are free. And if we are free, we are certainly free to give our freedom away or trade it for security or money. We give away freedoms with virtually every contract we sign. Take your cell phone contract for instance. If you have a cell phone contract with your carrier, chances are very good that you have agreed to arbitration before litigation. Arbitration is NOT like mediation. In mediation you have no agreement unless all agree. But in arbitration you agree to a more formal form of dispute resolution. One that has structure and rules. And one that likely DOES NOT FAVOR YOU! But favors your phone carrier. Further, those rules are not listed in your cell phone contract. If they were, nobody would sign one. But the set of rules to be used are cited in the contract and you agreed to use them by placing your signature on it. You voluntarily agreed.

           Now should you ever have a dispute, you will go to arbitration. And in arbitration you will find you will get a royal injustice and you will lose. Customers almost universally lose in arbitration. Then you will file suit in a court established by the Supreme Court of the United States and they also will rule against you. What the HELL! What about your Constitutional rights? You have them and they still ruled against you. How on earth can that be legal? How on earth can that be honest? Well the court will look at your contracts. In the contracts you signed you agreed to abide by the outcome of arbitration. And so in all honesty what can they do in light of the fact that in your agreements you consented to cheat your own self out of your own freedoms? In reality, how much less honest would it be to refuse to hold people to their agreements? Would that be fair to your cell phone carrier? To NOT hold you to your agreements? But in real life, courts do not make it a practice to explain themselves to laymen. The courts will tell you no such things. The justices do not make it a practice to give reasons to the defendant. They will just rule against him and not say why. But I told you why. All things were previously agreed to. They did nothing egregious. They didn’t beat you, kill your cat or break your legs. The United States government grants it’s citizens a great latitude and autonomy to settle disputes within their given areas be it probate, traffic court, juvenile court, family court, city court or just a mother and father disciplining their children. It’s all good. When you were a child, did you ever stand to explain yourself before your mother or father? The Government grants all it’s citizens a great latitude and a great deal of autonomy to keep peace and settle disputes. But the Supreme Court did not establish mothers and fathers. Likewise they did not establish all the above courts. Other citizens did or other government bodies, but not the Supreme Court. You have no constitutional contract with the city, county or legislated corporations. In fact those become parties where constitutional issues are concerned.

           Yet for 200 years the Supreme Court has consistently ruled that the only venue a citizen has any duty or obligation to appear before are courts established by the United States Supreme Court. And that is why the ticketing officer asks the ticketed motorist to sign a “Promise to Appear” when issuing traffic citations. Because no citizen has any duty or obligation what so ever to appear before a traffic court. So they make you promise to show up. Of course if you refuse they cuff you, impound your car and take you to a real court right then and there. And that can ruin a person’s day. The crux of the matter, is that the Supreme Court has ruled that all these other courts may exist upon one condition. And that condition is that all participants are completely voluntary. Evil people quickly realized that consent had to be tacit because if people were aware of exactly what consent did, virtually nobody would ever consent. So they hid your consent in about 5 rules that are not listed together anywhere or even in the same sets of rules. The first rule is in the rules of civil procedure and states that jurisdiction is always the first issue before a court. The second rule is hidden in the rules of judicial administration and state that if a party is not objecting to jurisdiction then the judge is to recognize that the party is arguing his case. The third rule is usually right next to it and states that if one argues, he tacitly agrees to the jurisdiction of the court to adjudicate the issue. And the fourth rule is in the rules of civil procedure and states that there is no excuse whatsoever to be ignorant or unaware of any rule. And the fifth rule is the right to due process which unfortunately suits your opponent more than it does you half the time. The right to due process is defined as a citizen’s right that all parties follow the rules and agreements or lose their case. If you signed a cell phone contract, the phone company has a right that you follow the rules you agreed to! And this is why everyone loses in court. Bam! Manufactured consent! You don’t have to sign those types of secondary contracts and they are even more binding than those you do sign!

           So what happened to Hillary and her traffic ticket? Let’s find out in our next exciting article in which Hillary exclaims; “Buck! You ruined my life!”

Copyright © April 18, 2017 by Joseph Pratt



Article 4

Hillary exclaims; “Buck! You ruined my life!”




           So remember up there in article 2 above, Hillary got a ticket and her son, Buck Ofama, the constitutional attorney came to court to defend her. Did he object to jurisdiction? Or did he argue the case? You decide. Pretend you are the judge. What did Buck Ofama do? Argue or object? Go read it again, because the rules of civil procedure are very clear on this subject. If Ofama objects, you (as the judge) will move venue. But if Ofama argues the case...... He voluntarily submits to jurisdiction and gives consent to the court to adjudicate the issue using the cities CONSTITUTION VIOLATING ORDINANCES! Now let me hear you say it..... "The rules of civil procedure everywhere in the United States say that there is no excuse for not knowing a rule!" Yes friends, Hillary, BY RULE, is locked into the administrative procedure hell hole because of the incompetence of her stupid attorney son Buck Ofama who argued when he should have been objecting! And when she appeals her way out the other side, the Constitutional Court will see that she volunteered (By rule, unknowingly, she volunteered.) to give up her constitutional rights to the administrative courts. And upon appeal to a constitutional court, they too will support the kangaroo court because Hillary consented to use their rules instead of CONSTITUTIONAL RULES! Hillary is doomed. Just like you reading this, if you are in a family court, are so presently doomed. (But there is a way out using estoppel if you do it right.)

           You have rights. You have constitutional rights. You have the freedom to give away your constitutional rights. By rule, by arguing before an administrative court, you voluntarily submit to jurisdiction, giving the administrative court authority to adjudicate your issue.... by the constitution????? NO! By city ordinance! Or by county or state rules created by the counsel or the legislature, BUT, NOT BY THE SUPREME COURT! If you are in a family court, you consent to the same thing as the definition of Human Trafficking. You are forced to labor at a job so that your earnings can be taken from you under threat of incarceration. That is the definition of Human Trafficking and you agreed to be a victim of the crime and even go to jail! Do you see how this works? Your constitutional right to be unemployed and free from involuntary servitude is NOWHERE TO BE FOUND! Your right found in the 14th Amendment case law to not be incarcerated for a civil debt is NOWHERE TO BE FOUND! Common law is clear that one cannot assign a power he does not have. If your ex-wife cannot have you incarcerated for failure to pay a civil debt, then how can the state take assignment from her and then incarcerate you? Easy! You agreed to NEW RULES! A court established by the United States Supreme Court (USSC) is defined as a court whose members are certified by having filled specific requirements as set forth by the USSC, and who also follow the procedures as set forth by the USSC. This means that the same judge presiding in a traffic court, who has been certified by the city, county, state or federal government to adjudicate traffic tickets might very well hold other certifications such as those issued from the highest court, the Federal Supreme Court. He may well be qualified to adjudicate a murder, rape or treason cause of action as well as your illegal u-turn! And again maybe he isn't. You can't tell by looking at him. Inside his judge's chambers he probably has all his certifications hanging on his wall.

           The way to enforce your Constitutional Rights is by not consenting to let other courts adjudicate your issue. The first and only words that come out of your mouth should be; OBJECTION! Your Honor. I have a constitutional right to appear before a court established by the United States Supreme Court. I wish to enjoy my right. Thank you. Then turn to the court recorder and tell her to place your objection upon the record. If the Judge gives you any problem, motion the court for an offer of proof. Then shut your pie hole and say nothing until you are dismissed. Why? Remember! If you are not objecting, then you are granting jurisdiction by arguing your case! Those are the rules! The court will manufacture your consent! And once the court has jurisdiction, they will not give it up!

           If you would like to know more, like what is an offer of proof or about the rule of estoppel, visit:

http://www.disposablemale.com

           This is the end of this series of articles on why you are unable to enforce your Constitutional rights.

Copyright © April 19, 2017 by Joseph Pratt



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