a reply to: notapersonorcitizen
When they ask if you "understand" the charges - that is the Court attempting to obtain jurisdiction - translation - "are you willing to submit
and 'stand under' our authority"
Yes! All initial proceedings try to establish jurisdiction [over the defendant]. Always, Always, ALWAYS, challenge Jurisdiction.
"Once Jurisdiction is challenged, the court cannot proceed when it clearly appears that the court lacks jurisdtiction, the court has no authority to
reach merits, but, rather, should dismiss the action." Melo v. US, 505 F2d 1026.
One can also read Hagans v. Levine, US v. Lopes; both voided because of lack of jurisdiction. Another good one on jurisdiction is Broom v. Douglas 75
Ala 268, 57 So 860.
Though, best to challenge at the offset, jurisdiction can be challenged at anytime. We have Basso v. Utah Power & LIght Co 495 F 2d 906, 910 to thank
for that one.
To challenge jurisdiction, since once challenged, the 'burden of proof' really and truly does shift to the court [Rosemond v. Lambert 496 F 2d 416] :
There are 7 elements of jurisdiction. [Abridged from this Link
1. The accused must be properly identified; identified in such a fashion there is no room for mistaken identity. The individual must be singled out
from all others; otherwise, anyone could be subject to arrest and trial without benefit of "wrong party" defense.
2. The statute of offense must be identified by its proper or common name. A number is insufficient. For any act to be triable as an offense, it must
be declared to be a crime. Charges must negate any exception forming part of the statutory definition of an offense, by affirmative non-applicability.
In other words, any charge must affirmatively negate any exception found in the law.
3. The acts of alleged offense must be described in non- prejudicial language and detail so as to enable a person of average intelligence to
understand nature of charge (to enable preparation of defense); the actual act or acts constituting the offense complained of. The charge must not be
described by parroting the statute; not by the language of same. The naming of the acts of the offense describe a specific offense whereas the
verbiage of a statute describes only a general class of offense. Facts must be stated. Conclusions cannot be considered in the determination of
4. The accuser must be named. He may be an officer or a third party. Some positively identifiable person (human being) must accuse. Some certain
person must take responsibility for the making of the accusation, not an agency or an institution. This is the only valid means by which a citizen may
begin to face his accuser. Also, the injured party (corpus delicti) must make the accusation. Hearsay evidence may not be provided. Anyone else
testifying that he heard that another party was injured does not qualify as direct evidence.
5. The accusation must be made under penalty of perjury. If perjury cannot reach the accuser, there is no accusation. Otherwise, anyone may accuse
another falsely without risk.
6. To comply with the five elements above, that is for the accusation to be valid, the accused must be accorded due process. Accuser must have
complied with law, procedure and form in bringing the charge. This includes court-determined probable cause, summons and notice procedure. If lawful
process may be abrogated in placing a citizen in jeopardy, then any means may be utilized to deprive a man of his freedom. All political dissent may
be stifled by utilization of defective process.
7. The court must be one of competent jurisdiction. To have valid process, the tribunal must be a creature of its constitution, in accord with the law
of its creation, i.e. (article III judge).Without the limiting factor of a court of competent jurisdiction, all citizens would be in jeopardy of loss
of liberty being imposed at any bureaucrat's whim. It is conceivable that the procedure could devolve to one in which the accuser, the trier of facts,
and the executioner would all be one and the same.
edit on 28-4-2015 by J.B. Aloha because: (no reason given)