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Thread: Jurisdictional Challenge

  1. #11
    This is a success story i am currently trying to Powder for myself the answers and answerers are extreme with this we cant offer legal advice YOU have a warrant for your arrest you will have to address that first well i know where thats going I need a few more private snowballs some senior mailboxes are full and they make the best snowballs on the road to success make room for mine thanx

  2. #12
    I have not had a success in "dismiss for lack of subject matter jurisdiction". I wrote a really nice brief concerning Right to Travel. I even got the officer and the judge to agree that I was not operating commercially but she went on to deny my motion to dismiss, no basis given and refused to state her opinion why, and then went on to cite Oregon Statutes using all the commercial terms I had defined as commercial, and therefore not applicable in this case, and found me guilty. She lowered the fine to under the amount it cost to appeal (I wonder why).

    Anyway I need some court room quality evidence that an administrative court is commercial and requires some type of contract. Can anyone point me to a citation that is unequivocal to this fact? I am also interested in looking into geographic jurisdiction, though it is a longer shot. Information regarding "this State" and "the State" in the Oregon Statues. "As used in ORS 131.205 (Definition for ORS 131.205 to 131.235) to 131.235 (Criminal homicide), this state means the land and water and the air space above the land and water with respect to which the State of Oregon has legislative jurisdiction. [1973 c.836 ยง13]" Since all of the vehicle code talks about "this state" and the only definition I can find in ORS is the above, my argument would be that my tires were on terra firma and not somewhere above that. Any comments on this as well?

    I would be happy to post my brief if anyone is interested in the arguments I made. Whether to incorporate them in your defense or to possibly discover were I went wrong and allowed the judge to deny on some logical/proceedural/legal grounds.

  3. #13
    One caveat on a jurisdictional challenge is that if you get a case closed, you could re-open it by doing this.
    All rights reserved. Without prejudice. No liability assumed. No value assured.

    "The object in life is not to be on the side of the majority, but to escape finding oneself in the ranks of the insane." -- Marcus Aurelius
    "It is the glory of God to conceal a thing: but the honour of kings is to search out a matter." Proverbs 25:2
    Prove all things; hold fast that which is good. Thess. 5:21.

  4. #14
    Only a person can challenge if you think thats what you is Court has been noticed that u and the NAME aren't going to be a challenge after all this and appeals just PERSONS cuttin deals never a success being a person of my calamity list

  5. #15

    Jurisdictional Challenge

    Quote Originally Posted by David Neil View Post
    I would be happy to post my brief if anyone is interested in the arguments I made.
    Never argue in an administrative court. It engages you in the benefit of discussion which allows a general appearance in that court. That's where you made your mistake.

    If you want success, the only way to achieve that is to challenge (not argue) jurisdiction. You can accomplish that with, as David states, an abatement for misnomer, or with a "refusal for cause" and due process challenge, challenging the status of the plaintiff's authority to force his chosen jurisdiction upon the juristic person.
    Maxim of law: "The laws sometimes sleep, but never die."

    Common Law Remedy To Beat Traffic Tickets (and a whole lot more!)

  6. #16
    I have had 'success' in two different states concerning traffic tickets and jurisdiction. I did this by submitting the challenge on the record, before the court dates. Going into open court gives jurisdiction, unless the challenge is already on the record and the appearance is a special appearance. Once the challenge is on the record, the answer and proof of jurisdiction must also be on the record. The judges know this, and if they act without the answer on the record, they act outside of their jurisdiction and anything they do is not judicial and immunity is lost. However, neither case was dismissed, the file was simply misplaced and forgotten.

  7. #17
    This would zero the balance /on the claim and a record of said balance all challenges are done bye Notice on paper the test still remains with jurisdiction they have it both ways perfecting the appearance or record the special appearance with abatement of the said imperfection they,re file loss is what is recognized not what is put on record they never lose jurisdiction over a charge just balance the books they own the book and justice dept are our bookies.i am who i say i am not who the book says i am misplaced and forgotten is a best-seller a fictional book with zero pages.Grace or Mercy is something one does,nt deserved or never deserved ? Grace & Mercy true jurisdiction is ones highest claim it needs zero improvement zero establishment I am 0 + or - truth. The puzzle is provided the true accounting is ones misplaced and forgotten identity. solid seeds imparted from the pkinpatch.

  8. #18
    Maybe. But I wouldn't be bringing all that up in court.

  9. #19
    I agree that the best course of action would have to challenge before I went to court, but my learning had not progressed to that level of understanding when I first plead not guilty and then ended up in their court.

  10. #20
    I have not had a success in "dismiss for lack of subject matter jurisdiction".

    Subject matter jurisdiction, IMO, is best challenged by not using those words. They will convince you that the court CAN here that sort of case. And they are correct, except most times there is no 'case' to hear. Pleading 'Failure to state a claim for which relief can be granted' by special appearance, is challenging subject matter jurisdiction. Then it is irrelevant what type of cases the court can here, because there is no case. A claim is a pleading and one is required to invoke the jurisdiction of the court. The rules of court will tell you what a claim must contain. Tickets don't accomplish a pleading.

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