Properly 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