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Properly Challenging Jurisdiction from The Beginning

http://www.youarelaw.org/proerply-challenging-jurisdiction-from-the-beginning/

When on the defense…Challenging jurisdiction is one of the best defenses you can make, because if you use the right argument it is almost impossible for you to lose!

If they attempt to tell you that you can’t question their jurisdiction you can easily shut them up with these court rulings!

“Once jurisdiction is challenged, the court cannot proceed when it clearly appears that the court lacks jurisdiction, the court has no authority to reach merits, but, rather, should dismiss the action.” Melo v. US, 505 F2d 1026.

“The law requires proof of jurisdiction to appear on the record of the administrative agency and all administrative proceedings.” Hagans v. Lavine, 415 U. S. 533.

Possible script outline:
(By the way, write a simple NOTICE on paper – it’s always better to appear on paper because your “words can be used against you”). Scripts or wording on paper.
Are we on the record? I don’t say anything further until we are.
Me, I am a man. I am competent. However, I do not “understand” any of the codes or statutes being expressed in this charge. I am here under duress. I do not consent to this matter.

If I am here at all, I am here in special appearance to challenge jurisdiction and to have this matter dismissed. I believe this court lacks a jurisdiction. I want to see the supposed jurisdiction duly placed into evidence.

1. Can this court move on facts not in evidence?
2. Where is the competent fact witness? Where is the damaged party?
3. Who brings the claim? Who is underwriting this action?

I do not “understand” the nature and cause of the accusation with regard to the elements of personal jurisdiction, venue, underwriting and the nature of the action until the prosecution properly alleges them.  I am therefore unable to plea to the charges until I have had an opportunity to raise a meaningful defense against the elements.  I cannot rebut an unstated presumption.

As a man, as an accused by law I come with the presumption of innocent and I can go with that.
Me, I am a man, not a corporation or a legal “person” nor am I a surety for one.
Hey, as keeper of the records for the thing, I’m willing to plead the defendant guilty upon validated proof of claim.

Where is the contract wherein I knowingly and willingly, with full disclosure, consented or otherwise agreed to be treated this way?

Who are you people and why do you deem yourselves to have higher standing than a man?
May I remind everyone, Equality under the Law is paramount and mandatory by law.
Me, I am unrepresented, I don’t “do Attorneys” as I have found them to be injurious to my freedom, life, liberty and pursuit of happiness.
Me, I reserve all rights at all times in all places and I waive no rights at any time or in any place.  I do waive benefit privilege.
Am I under arrest or am I free to go?

Read US v. Lopez and Hagans v. Levine both void because of lack of jurisdiction.  In Lopez the circuit court called it right, and in Hagans it had to go to the Supreme court before it was called right, in both cases, void.  Challenge jurisdiction and motion to dismiss, right off the bat. If you read the supreme Court cases you will find that jurisdiction can be challenged at any time and in the case of Lopez it was a jury trial which was declared void for want of jurisdiction.  If it [jurisdiction] doesn’t exist, it can not justify conviction or judgment. …without which power (jurisdiction) the state CANNOT be said to be “sovereign.”  At best, to proceed would be in “excess” of jurisdiction which is as well fatal to the State’s/ USA ‘s cause.  Broom v. Douglas, 75 Ala 268, 57 So 860 the same being jurisdictional facts FATAL to the government’s cause ( e.g. see In re FNB, 152 F 64).

A judgment rendered by a court without personal jurisdiction over the defendant is void.  It is a nullity.  [A judgment shown to be void for lack of personal service on the defendant is a nullity.]  Sramek v. Sramek, 17 Kan. App. 2d 573, 576-77, 840 P.2d 553 (1992), rev. denied 252 Kan. 1093 (1993).

“A court cannot confer jurisdiction where none existed and cannot make a void proceeding valid.  It is clear and well established law that a void order can be challenged in any court”.   OLD WAYNE MUT. L. ASSOC. v. McDONOUGH, 204 U. S. 8, 27 S. Ct. 236 (1907).

“There is no discretion to ignore lack of jurisdiction.” Joyce v. U.S. 474 2D 215.

“Court must prove on the record, all jurisdiction facts related to the jurisdiction asserted.” Latana v. Hopper, 102 F. 2d 188; Chicago v. New York, 37 F Supp. 150.

“The law provides that once State and Federal Jurisdiction has been challenged, it must be proven.”  Main v. Thiboutot, 100 S. Ct. 2502 (1980).

“Jurisdiction can be challenged at any time.” and “Jurisdiction, once challenged, cannot be assumed and must be decided.” Basso v. Utah Power & Light Co., 495 F 2d 906, 910.

“Defense of lack of jurisdiction over the subject matter may be raised at any time, even on appeal.” Hill Top Developers v. Holiday Pines Service Corp., 478 So. 2d. 368 (Fla 2nd DCA 1985)

“Once challenged, jurisdiction cannot be assumed, it must be proved to exist.”  Stuck v. Medical Examiners, 94 Ca 2d 751. 211 P2d 389.

“The burden shifts to the court to prove jurisdiction.”  Rosemond v. Lambert, 469 F2d 416.

“A universal principle as old as the law is that a proceedings of a court without jurisdiction are a nullity and its judgment therein without effect either on person or property.”  Norwood v. Renfield, 34 C 329; Ex parte Giambonini, 49 P. 732.

“Jurisdiction is fundamental and a judgment rendered by a court that does not have jurisdiction to hear is void ab initio.” In Re Application of Wyatt, 300 P. 132; Re Cavitt, 118 P2d 846.

“Thus, where a judicial tribunal has no jurisdiction of the subject matter on which it assumes to act, its proceedings are absolutely void in the fullest sense of the term.” Dillon v. Dillon, 187 P 27.

“A court has no jurisdiction to determine its own jurisdiction, for a basic issue in any case before a tribunal is its power to act, and a court must have the authority to decide that question in the first instance.” Rescue Army v. Municipal Court of Los Angeles, 171 P2d 8; 331 US 549, 91 L. ed. 1666, 67 S.Ct. 1409.

“A departure by a court from those recognized and established requirements of law, however close apparent adherence to mere form in method of procedure, which has the effect of depriving one of a constitutional right, is an excess of jurisdiction.” Wuest v. Wuest, 127 P2d 934, 937.

“Where a court failed to observe safeguards, it amounts to denial of due process of law, court is deprived of juris.” Merritt v. Hunter, C.A. Kansas 170 F2d 739.

“the fact that the petitioner was released on a promise to appear before a magistrate for an arraignment, that fact is circumstance to be considered in determining whether in first instance there was a probable cause for the arrest.” Monroe v. Papa, DC, Ill. 1963, 221 F Supp 685.

From – JURISDICTION by Howard Freeman

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15 Responses

  1. henry-daniel says:

    Where is your defensible position?

    • MJT says:

      who you are and then not needing to defend anything in the world of the wizard of oz. Click your heels and get out of there. You could have done it anytime Dorothy! It is almost that easy once you fully comprehend this point and stay on it.

  2. sydtobo4@gmail.com says:

    like your reading does it apply to australia
     

  3. Ryan says:

    Regarding the citation of the case Rescue Army v. Municipal Court of Los Angeles, 171 P2d 8; 331 US 549, 91 L. ed. 1666, 67 S.Ct. 1409.

    I have searched several texts of the case for the phrase “A court has no jurisdiction to determine its own jurisdiction” and I can find no place where the text exists.
    On the website: http://scocal.stanford.edu/opinion/rescue-army-v-municipal-court-25810
    I see a reference that says “A court has jurisdiction to determine its own jurisdiction” Note here that the word ‘no’ is missing from the bottom text. I have seen several other websites make the exact same reference (… no jurisdiction…) and I wanted to be sure that in my motion to dismiss that I have verified all case citations.
    I did find an (apparently) conflicting source which I believe to be the case text:
    https://casetext.com/case/rescue-army-v-municipal-court-2
    In which I can find neither of these statements (jurisdiction or no jurisdiction). Perhaps my error is in not reading or interpreting the case law references properly. Any help appreciated.

    Can you provide a link or reference to the place from which you obtianed the phrase “A court has no jurisdiction to determine its own jurisdiction”?

    References of websites that use the ‘…no jurisdiciton…’ phrasing, but all refer to the case text which I cannot fine:
    https://afreecountry.com/?q=jurisdiction

    http://www.abodia.com/law/files/Challenge-to-Jurisdiction.htm

    http://www.1215.org/lawnotes/lawnotes/juris_brief.htm (states that the source is not checked)

    http://freedom-school.com/challenging-jurisdiction.pdf

  4. dave says:

    Greetings

    I, a man, heard that one should Challange Jurisdiction

    Challange the prosicutor , its the one bringing suit…say police prosicuter has to proove on the recourd

    is this correct?

    kind regards

    dave

  5. Michael says:

    The so called judge will not prove jurisdiction because they can't. The last time I was in traffic court for a redlight camera ticket. I didn't waste time arguing with the criminal bastards. I did not stand when the fake judge entered the room. When my name was called, I stood up and said. "You're not a judge and this is not a court of law. I said you're a civil servant, a hired contractor, under oath and if this was a court of law I would have you arrested. This isn't even a court of record. You're waisting my time. Have a nice day." I walked out. You could have heard a pin drop as everyone sat there with their jaws open with the deer-in-the-headlights look on their faces. I wish this was a recorded court room because I would have hung the cop, the city attorney and the judge.

  6. MJT says:

    Have you checked to see if they sent out any warrants? Thats is what they usually do. Unless you do as we teach.. ask very specific questions on the record, never as the defendant, and close them out on an agreement. THEN they are bound to the new agreement. Statements are not agreements and are alowing them to presume you were the "defedant" – you never got an agreement to the effect to the contrary.  Better see if they have any warrants out.

     

    TJ

    • noelronelli says:

      Greetings TJ, I see where u replied to Michael's post. Please read my post to Michael and contact me thru noelronelli@yahoo.com. Im interested in any suggestions u may hv regarding this matter. Thx in advance. 

  7. teena colebrook says:

    so what happens when you are the plaintiff, I have been told by many that you grant the court the jurisdiction when you bring the claim.

    I have been struggling for a few years with res judicata issues because I filed suit against my bank in 2011 using an attorney before all this info was out there. It was dismissed with prejudice (at the time I didn't know what that meant and the attorney didn't explain)

    In 2014 I filed a case pro se(with help writing it), all kinds of rules were broken by the banks attorneys in removing it from state to federal court, despite filing motions on these and requesting in writing that the judge sign all his minute orders and final order he never did, he cancelled all court hearings and decided everything in closed chambers and dismissed without leave to amend saying everything was barred by res judicata, I appeald it and my appeal was dsimssed as frivolous (again the judges at the appeal court did not sign the orders) only a court stamp was on the document.

    I am now in court with them again though this time with a good attorney as I was getting rail roaded by the judge and the banks attorneys. With this new one I am still in the game though he says the judge is itching to award sanctions against me and he said to my attorney at the hearing that he didn't know why he was taking on this case, it was going no where, he wanted to dismiss it right then and there but said he would give him a chance to write something so he could see what he would do.

    THe bank foreclosed after getting an in rem  in someone else;s BK using forged grant deeds they say I signed anda sent to the bank, I asked them to prove it because I know I didn't do it. They submitted a fax cover sheet with my name typed on it coming from an 877 number I don't own. Tried to get the judge to oveturn that one and she refused saying the bk was closed, I didn't motion to re open it and i coudln't because I wasn't a debtor. I used case law that shows the judge has the power to overturn without re opening if fraud was there, I had an declaration the signatures were forged from a hand writing expert. She said I was properly served by the mail box rule becuase the bank sent one regular letter about the in rem motion to the property address not my mailing address on record and becuase i stated in another court case that the property was my principal residence I was deemed served even though I never ever received it-funny thing that the same attorney firm previously  sent mail  to my mailing address on record. You think they didn't want me to attend that hearing sos they could get a default judgement? I have appealed this one too and it is going through the motions with this new attorney

    I know you all don't like attorneys and I don't either but i had no choice and this one doesn't like to lose, he reads everything I send him and comments on why it won't work or he sometimes says "you may be onto something here, let me reserch further" that in itself is a miracle.

    So how do you beat res judicata and if you bought the lawsuit how do challenge jurisdiction

     

  8. Al says:

    I would sue them in US District Court.

  9. heather says:

    I am being sue in a civil court do to faulty insurance. My insurance company I had for two years end up being a fraudulent. How do I challenge jurisdiction if I can in this case. 

  10. heather says:

    Are there steps to challenge a jurisdiction?

  11. heather says:

    If your fighting a jurisdiction, how do u file a answer to a summons of complaint? 

    • MJT says:


      Jurisdiction fight starts from the beginning and is based on what you know. Theses fictional entities only have authority over fictional entities such as persons and corporations. Which one are you? (if either?)

  12. martin1959 says:

    HELP PLEASE, I can't find the answer to this question, An alleged offence of defamation committed by an Englishman, in England, On an English website against a Scottish company who's English representative was responsible for the matter commented upon in the first place, should this be heard in a Scottish court or and English court? Action is being brought by the Scottish company head office

     

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