SMJ cites

hi folx!



i don't know if this thread has already been previously addressed, however, as it is pertinent to me, i'm going with it...



anybody got some good SMJ cites? i'm particularly interested in one(s) that address the prosecution's silence on a challenge to SMJ...



but, hey, any and all SMJ cites welcome here!!!



jon

[weishaupt1776]

[color=black][b]JM, you really need to hit a law library and get the cites out of your own state's Am Jur 2d. Hit the Courts volume & you wlll have so many, that you'l be picking and choosing.

the problem, weis, is time. i may have some free time coming up and i'll use it to do what i can. i am short on both time and funds so have to make do with what i've got...



jon

(http://www.clr.org/smj.html)

good site of cites wargames... thanks!



jon

[Akira]

Here are a few local cites I dug up real quick..



"one of the hallmarks of subject matter jurisdiction is that it can be raised at any time, including on appeal. If the District Court lacked subject matter jurisdiction, we would have to vacate its order" Hawley v. Murphy, 1999 ME 127, ¶ 8, 736 A.2d 268, 271; M.R. Civ. P. 12(h)(3)



. Jurisdiction is the essential basis of the court's authority, and this issue may be raised at any time. See State v. Dhuy, 2003 ME 75, ¶ 8, 825 A.2d 336, 341; M.R. Civ. P. 12(h)(3) ("Whenever it appears by suggestion of the parties or otherwise that the court lacks jurisdiction of the subject matter, the court shall dismiss the action.")



"[a] challenged judgment is either valid or void." Boyer v. Boyer, 1999 ME 128, ¶ 6, 736 A.2d 273, 275. "A judgment is void and must be vacated if the court issuing the judgment lacks subject matter jurisdiction." Id.



We will set aside a finding of fact only if there is no competent evidence in the record to support it. State v. Bartlett, 661 A.2d 1107, 1108 (Me. 1995).



I'll be working on a motion to vacate next week and will post more cites as I get them..



For HIS Glory,

Akira

[weishaupt1776]

[color=black][b]I just uploaded Secrets of the Legal industry by Cornforth. Page 31 has all the reasons how SMJ can be lost. I want to study all the individual components that make up SMJ from court cites & draft questions to box the judge in to where he admits there is none by response or non-response.