Common Law Court

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Transcript of Common Law Court

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    COURT: When asked by a government official what youmeant when you wrote Without Prejudice by yourname,

    you must say:CITIZEN: Your honor, my use of Without Prejudice UCC1-207 with my signature on this document indicates that Ihave exercised the remedy provided for in the UCC in book1at section 207, whereby I may reserve my common lawrightnot to be compelled to perform under any contract or

    agreementthat I have not entered into knowingly, voluntarily andintentionally, and that reservation serves as Notice uponalladministrative agencies of government, federal, state andlocal,that I do not, and will not, accept the liability associated

    with the compelled benefit of any unrevealed commercialagreement.Once you make a plea, youre under their jurisdiction.Entering a not guilty plea in a civil matter is admitting tothe existence of the unpaid bill. You are not refusing toenter a plea, but merely wishing to understand the basis ofthe charge (debt) before pleading, which is why you areinsisting on a presentment under UCC 3-505 without

    dishonor. Tell the judge, on the record, that you requiresuchpresentment to determine your plea.It is an elementary rule of pleading, that a pleato the jurisdiction is the first in the order of

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    pleading, and that any plea which refers to thecourt any other question, is a tacit admission thatthe court has a right to judge in the cause, and is awaiver to all exceptions to the jurisdiction.-

    Birty vs. Logan, 6 Bush Ky.8

    COURT: The judge will read you the charges and penaltiesinvolved. He/she will ask if you understand. You must say:CITIZEN: I understand what you have said and the penaltyinvolved. I understand the words you have used and themeaning of those words. But I do not understand how thesubject 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 thecourts jurisdiction.

    You must say:CITIZEN: Your honor, I cannot enter a plea as I desire tochallenge the jurisdiction of this court and am now askingthis court to set a jurisdictional hearing. Until jurisdiction isproven, 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 Idesire to challenge the jurisdiction of the court, and until

    jurisdiction is proven, once challenged, no pleas can beaccepted. 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 havenot made any legal arguments. I have merely made a motionand that is why I want the hearing so we can settle this issue

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    of jurisdiction. Then I can file my formal motion. All I havedone is challenge the jurisdiction. Now that I know thecharges, I am asking the court to set a hearing, plain andsimple, 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 aplea then you must say:CITIZEN: I object. If this court proceeds with entering aplea on my behalf without first establishing jurisdiction forthe record, then this court is doing so under a hidden,statutory jurisdiction with an unrevealed contract knownonly to the secret society of the State Bar Association. If this

    doesnt get the case dismissed, then demand a Writ ofMandamus, which is a request to have the case reviewed bya superior court.Writ Of MandamusStep 5: Jurisdictional Hearing

    File your Statement with the court prior to the hearing.Then prepare for an interesting exchange between yourselfand the magistrate or judge.Sample Jurisdictional Hearing 6

    COURT: The judge will say, How do you challengejurisdiction? You can say.CITIZEN: Your honor, I have some questions concerningthe nature of the action that I dont understand. (6th

    Amendment) Is the action against me civil or criminal?COURT: Its a criminal action. He/she wont say civil,otherwise it would go to federal court.CITIZEN: Your honor, the Constitution authorizes twocriminal jurisdictions for the court. One of these is Commonlaw . But under the Common law there must be a corpusdelecti or damaged party before the court can recognize any

    jurisdiction. This cannot be a Common law action becausethere is no sworn complaint from a damaged party.Therefore this court does not have a criminal jurisdiction

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    under Common law. (If the judge replies that this is aCommon law court, then demand a Bill of Particulars.)The only other criminal jurisdiction authorized for thecourt is the breech of an International Maritime Contract

    under the criminal aspects of an Admiralty jurisdiction. Imnot aware of having ever entered any maritime contracts, soI deny that any exist. Can you tell me what jurisdiction thecourt is exercising in the action against me?COURT: The judge may reply: Its a statutory jurisdiction.Statutory = Admiralty / Maritime = Military /Martial Law

    CITIZEN: Your honor, Ive never heard of that jurisdiction,and the Constitution doesnt mention any such jurisdiction.Please, where can I obtain the published rules for thecriminal procedure for statutory jurisdiction? (There arentany, of course.)COURT: The judge might be mad or upset and refuse topractice law from the bench or give advice.CITIZEN: Let the record show that the courts haveauthority 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 defendin his own person. I am appealing the legal determinationmade by this court that it can conduct criminal action undera statutory jurisdiction, and in my appeal, I am naming you,

    your honor, as witness in my favor, and Ill issue a subpoenaduces tecum, in which you will be required to bring a copy ofthe rules of criminal proceedings in a statutory jurisdiction

    when you enter the appeals court.

    And I am subpoenaing the Prosecuting Attorney as mywitness to the fact that the judge said...blah, blah.> SUBPOENA command to appear at a certain time andplace to give testimony on a certain matter; subpoena ducestecum requires the production of books, papers and othersthings.

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    Step 6: Affirmative Defense

    If you fall into a jurisdictional trap, then you must preparean affirmative defense on your behalf. Prepare yourself

    before the court by explicitly Reserving your Rights under