Sovereigns and tort damages

Ok,lets say that you are a sovereign and is damaged by a government official. Sense you are sovereign and saying they dont have jurisdiction, where do you seek remedy for tort claims?

[Jerseee]

In court.

ok, but you are claiming their courts have no jurisdiction over you, so how do you file into their courts to get your remedy without giving up your position that they dont have jurisdiction over you?

[Ice]

The courts are used to force others to obey that law that they are subject to... or to put upon them&the penalties that arise from breaking those laws that they are subject to.


&

[Jerseee]

Hence, you go to court.

Kgod, you're looking at court in the wrong way. If you file the claim that does not mean that you give up jurisdiction--it is doing what Ice said it would do.

Ice, Jerseee,


Are you guys sure about this?& I agree the remedy is found in court.& But, I know&I have read somewhere that by filing a claim you may have submitted yourself to the jurisdiction of the court, unless you have also submitted some other documents to the contrary, such as by way of 'special appearance' or some other means.& I would think that a court <U>wants</U> jurisdiction over you and would presume so unless otherwise stated/rebutted.


-squirrels

afa i know YOU give the court the proper jurisdiction with "pleadings sufficient" etc.


file the right pleadings and you'll get the right court.& the people &amp; place&may be the "same" but the court will have changed.


jon

[Jerseee]

Squirrels,

That is a very good observation. But I have a question...

So what does a foreign national do when he has been wronged/robbed in Washington DC by a US Citizen? Which court does he go to--to get remedy/justice?

And if he goes to a US Court does he lose his citizenship and become subject to their laws?

Jerseee,


I like your style - always asking questions to lead&one to the answer.&Of course one does not lose their citizenship/status by filing in a foreign court. That foreign court may even apply the law of a foreign jurisdiction in certain situations. But if&someone walked in the door with a basic complaint,&they have submitted themselves to jurisdiction of the court and the law that&they&decide is&applicable.


I think jon's post above&is the post to look to.& If&the pleadings are structured right, you create the court and the law that will&be applied.& In this manner, I&believe one would walk through the door with the attitude that it is YOUR court, and the "judge" is your 3rd party claim appraiser.& Maybe he or someone else could elaborate on this technique, or point us to an example of pleadings of this sort. I would love to see what one looks like.


-squirrels


&

pleadings are based on specific instances, so that'll be a tough one to answer without a more specific instance.


and don't ask me for any, 'cuz my court "lawyerease" is sorely lacking (i don't really know the lingo, etc., to write pleadings).


theory = easy; real application = a bit harder.


jon