100%(1)100% fanden dieses Dokument nützlich (1 Abstimmung)
194 Ansichten5 Seiten
This document provides guidance for challenging a court's jurisdiction in a legal proceeding. It advises responding with specific statements in various situations:
1) When asked to enter a plea, request a jurisdictional hearing to determine if the court has authority over the matter before entering a plea.
2) If the judge enters a plea without establishing jurisdiction, object that jurisdiction is not yet proven.
3) If jurisdiction is denied after being challenged, object that the court has not proven jurisdiction on the record.
4) As a last resort, demand a "writ of mandamus" for superior court review if the judge persists without jurisdiction.
This document provides guidance for challenging a court's jurisdiction in a legal proceeding. It advises responding with specific statements in various situations:
1) When asked to enter a plea, request a jurisdictional hearing to determine if the court has authority over the matter before entering a plea.
2) If the judge enters a plea without establishing jurisdiction, object that jurisdiction is not yet proven.
3) If jurisdiction is denied after being challenged, object that the court has not proven jurisdiction on the record.
4) As a last resort, demand a "writ of mandamus" for superior court review if the judge persists without jurisdiction.
Copyright:
Attribution Non-Commercial (BY-NC)
Verfügbare Formate
Als DOCX, PDF, TXT herunterladen oder online auf Scribd lesen
This document provides guidance for challenging a court's jurisdiction in a legal proceeding. It advises responding with specific statements in various situations:
1) When asked to enter a plea, request a jurisdictional hearing to determine if the court has authority over the matter before entering a plea.
2) If the judge enters a plea without establishing jurisdiction, object that jurisdiction is not yet proven.
3) If jurisdiction is denied after being challenged, object that the court has not proven jurisdiction on the record.
4) As a last resort, demand a "writ of mandamus" for superior court review if the judge persists without jurisdiction.
Copyright:
Attribution Non-Commercial (BY-NC)
Verfügbare Formate
Als DOCX, PDF, TXT herunterladen oder online auf Scribd lesen
COURT: When asked by a government official what you
meant when you wrote “Without Prejudice” by your
“name,” you must say: CITIZEN: “Your honor, my use of Without Prejudice UCC 1-207 with my signature on this document indicates that I have exercised the remedy provided for in the UCC in book 1 at section 207, whereby I may reserve my common law right not to be compelled to perform under any contract or agreement that I have not entered into knowingly, voluntarily and intentionally, and that reservation serves as Notice upon all administrative agencies of government, federal, state and local, that I do not, and will not, accept the liability associated with the compelled benefit of any unrevealed commercial agreement.” Once you make a plea, you’re under their jurisdiction. Entering a “not guilty” plea in a civil matter is admitting to the existence of the unpaid bill. “You are not refusing to enter a plea, but merely wishing to understand the basis of the charge (debt) before pleading, which is why you are insisting on a presentment under UCC 3-505 without dishonor. Tell the judge, on the record, that you require such presentment to determine your plea.” “It is an elementary rule of pleading, that a plea to the jurisdiction is the first in the order of pleading, and that any plea which refers to the court any other question, is a tacit admission that the court has a right to judge in the cause, and is a waiver to all exceptions to the jurisdiction.” -
—Birty vs. Logan, 6 Bush Ky.8
COURT: The judge will read you the charges and penalties involved. He/she will ask if you understand. You must say: CITIZEN: “I understand what you have said and the penalty involved. I understand the words you have used and the meaning of those words. But I do not understand how the subject matter or the penalty can possibly apply to me.” COURT: The judge will ask you to plea (guilty or not guilty). Do not plea. Once you plea, or the court pleas for you, then jurisdiction is assumed. This is where you challenge the court’s jurisdiction. You must say: CITIZEN: “Your honor, I cannot enter a plea as I desire to challenge the jurisdiction of this court and am now asking this court to set a jurisdictional hearing. Until jurisdiction is proven, once challenged, no plea can be accepted.” COURT: If the judge enters a plea you must object. CITIZEN: “I object to the court entering a plea because I desire to challenge the jurisdiction of the court, and until jurisdiction is proven, once challenged, no pleas can be accepted. The court is not permitted to accept a plea until jurisdiction is settled.” COURT: If the judge denies motion to dismiss. CITIZEN: “I object, the court has done nothing on the record to prove that the court has jurisdiction.” COURT: The judge may say, the statute says...blah, blah, blah. You must object. CITIZEN: “I object. I have not filed any arguments. I have not made any legal arguments. I have merely made a motion and that is why I want the hearing so we can settle this issue of jurisdiction. Then I can file my formal motion. All I have done is challenge the jurisdiction. Now that I know the charges, I am asking the court to set a hearing, plain and simple, set a date and we will have the jurisdictional hearing. If jurisdiction is proven, then I will go on and plea.” COURT: As a last resort, if the judge persists and assigns a plea then you must say: CITIZEN: “I object. If this court proceeds with entering a plea on my behalf without first establishing jurisdiction for the record, then this court is doing so under a hidden, statutory jurisdiction with an unrevealed contract known only to the secret society of the State Bar Association.” If this doesn’t get the case dismissed, then demand a “Writ of Mandamus,” which is a request to have the case reviewed by a superior court. Writ Of Mandamus Step 5: Jurisdictional Hearing File your “Statement” with the court prior to the hearing. Then prepare for an interesting exchange between yourself and the magistrate or judge. Sample Jurisdictional Hearing 6 COURT: The judge will say, “How do you challenge jurisdiction?” You can say. CITIZEN: “Your honor, I have some questions concerning the nature of the action that I don’t understand. (6th Amendment) Is the action against me civil or criminal? COURT: It’s a criminal action. He/she won’t say civil, otherwise it would go to federal court. CITIZEN: “Your honor, the Constitution authorizes two criminal jurisdictions for the court. One of these is Common law . But under the Common law there must be a corpus delecti or damaged party before the court can recognize any jurisdiction. This cannot be a Common law action because there is no sworn complaint from a damaged party. Therefore this court does not have a criminal jurisdiction under Common law.” (If the judge replies that this is a Common law court, then demand a “Bill of Particulars.”) “The only other criminal jurisdiction authorized for the court is the breech of an International Maritime Contract under the criminal aspects of an Admiralty jurisdiction. I’m not aware of having ever entered any maritime contracts, so I deny that any exist. Can you tell me what jurisdiction the court is exercising in the action against me?” COURT: The judge may reply: “It’s a statutory jurisdiction.” Statutory = Admiralty / Maritime = Military / Martial Law CITIZEN: “Your honor, I’ve never heard of that jurisdiction, and the Constitution doesn’t mention any such jurisdiction. Please, where can I obtain the published rules for the criminal procedure for statutory jurisdiction? (There aren’t any, of course.) COURT: The judge might be mad or upset and refuse to practice law from the bench or give advice. CITIZEN: “Let the record show that the courts have authority to conduct a criminal action under a secret jurisdiction that is known only to the courts and licensed attorneys, thereby denying the defendant the right to defend in his own person.” “I am appealing the legal determination made by this court that it can conduct criminal action under a statutory jurisdiction, and in my appeal, I am naming you, your honor, as witness in my favor, and I’ll issue a subpoena duces tecum, in which you will be required to bring a copy of the rules of criminal proceedings in a statutory jurisdiction when you enter the appeals court.” “And I am subpoenaing the Prosecuting Attorney as my witness to the fact that the judge said...blah, blah.” > SUBPOENA — command to appear at a certain time and place to give testimony on a certain matter; subpoena duces tecum requires the production of books, papers and others things. Step 6: Affirmative Defense If you fall into a jurisdictional trap, then you must prepare an “affirmative defense” on your behalf. Prepare yourself before the court by explicitly “Reserving your Rights” under
Land of the Free: The Most Important Legal Documents That Built America We Know Today: Key Civil Rights Acts, Constitutional Amendments, Supreme Court Decisions & Acts of Foreign Policy