Court Discuss the tactics used by the court system, and how to develop your counter-tactics for success in the courtroom, dealing with citations, criminal and civil matters.


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  #21  
Old 11-09-2004, 11:55 AM
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Akira Akira is offline
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Join Date: Oct 2004
Location: Maine state
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Hey BT,
Quote:
Originally Posted by TheBlackTruth
You have made so many presumptions that I've seen so many make, but I've seen no case cites to back it up. I haven't even seen or read of any verifiable court experience in which the "fiction/non-fiction" argument has ever been successfully litigated.
You're right... I have no cites... other than my own case cite.. it's all theory.. but I didn't argue... I just told them who I was... and who my ONLY master is. It's up to them to rebut.

Quote:
Originally Posted by TheBlackTruth
Where did the idea that you can't injure a fiction come from? I've heard it several times and I've even adopted it as true, but now I am forced to reject it for lack of evidence in support. Please show me a law, statute or case cite that supports this claim.
Again, all theory. We all know corporations are legal fictions, and that the fed & state are corporations.. Procedurally, we are entitled to attack their presumptions, and ask for evidence/proof that the plaintiff exists, and that the plaintiff has been injured, which, at least to my knowledge, has never been proven. How can you injure something, that can't be proven to exist? Other than the lack of proof, it's still just theory, but at least it's logic based ! lol
Quote:
Originally Posted by TheBlackTruth
I understand the argument and it makes sense, but there is simply no evidence at law to support that the Judge is a "fiction" at law or that he/she becomes a "non-fiction" after taking notice of his/her oath of office (or the several constitutions). The fact of the matter is, if a Judge breaches his/her oath such can be reversed on appeal. Public officials are presumed to know the law at all times. There is never a need to force judicial notice of such things except to get a subtle hint across to the judge that you are aware of his/her responsibilities. It does not alter your status at law nor that of the judge. I challenge anyone, with applicable case law, to illustrate otherwise
BT, I agree ! In a perfect world, that's the way it's supposed to be, but as most here know, experience has shown otherwise. Just as Carl Miller's travel arguement was all that was needed to win 20 years ago, we know it won't win (without attacking their presumptions) today. It is an acknowledged natural law, that function flows from form. Since most of us can agree, the courts do not function as WE intended, there must be a problem with the form. Symptoms, are either a direct, or indirect result of dis-ease or injury (alteration/disturbance of form).

Quote:
Originally Posted by TheBlackTruth
Have you considered the possibility that you may have failed because you lacked standing to support your argument which was insufficient and unconvincing? Do you really think testimony has anything to do with it? What is your basis for this conclusion?
Yes, & Yes. lol A post about the pre trail hearing is here. The situation I am sharing is from the actual trial. The court was using it's authority to extort money. The situation was so obtuse, it defied all logic and common sense. The court clearly, had a "Don't confuse me with facts.. my mind is made up!" approach.

I played a back and forth game with the judge, for what seemed like an eternity.. I repeatedly challenged SMJ, and he kept trying to get me to testify. At one point he actually said, "everything you have offered the court has challenged SMJ." I watched him go from a nice guy, to bright red and angry.. the whole thing probably lasted 20-25 minutes. But, I wasn't prepared for what to do after challenging SMJ, which would have been to strenuously object and seek a motion to dismiss.

I eventually reached a point, where, I had tried all my weapons, and found myself starting to repeat myself. I was still standing there, and the baliffs were drooling. I knew what he wanted, my testimony, and I conciously chose to give it to him, because I literally did not know what else to do. I knew I was missing something, but I was lost. I said something to the effect of "This is extortion ! You sit at the right hand of God, and are supposed to be a vehicle for His judgement. You once had my allegiance. Never again!" (Hey.. if they'r gonna kill me anyway... lol)

Once that happened, I was gone in a heartbeat. I had three baliffs on me, (I'm 6'3" 220 lbs, 40 something, athletic & toned, with NO beer belly) using multiple hand cuffs, and they forcibly dragged me from the court room, not because I was resisting, but because I was in mid sentence, but they had decided I was done. (The judge had asked if I intended to pay, and I was saying there is no money, lol) They have this wonderful trick of clamping on one cuff and using the leverage to twist your arm. It was very painful and left bruises for a week or so.

Quote:
Originally Posted by TheBlackTruth
As we all know, any order issued by a court absent jurisdiction is void on its face from the beginning. This being the case, please explain how the loss of access to your children was a result of your somehow granting jurisdiction to the court. Otherwise, its quite possible the court never did (and still does not) have jurisdiction to sustain its order/judgment against you.
My boys situation has nothing to do with SMJ or the lack of it. I had my first 'brain fart' in the parental rights hearing, and it was extremely costly. I was only trying to stress the need for EXPERIENCE as a deterent.


Mark Stevens does a great job addressing these very issues, in his radio interview located here. The whaling analogy is great. I can't wait to get his book. Perhaps Mark can give you more insight. You can talk to him directly, at his forum !

I know I did a miserable job answering you questions BT. The bottom line is, some gurus said it would work, I tried it, and it did !

For HIS Glory,
Akira
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Last edited by Akira : 11-09-2004 at 12:06 PM.
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  #22  
Old 11-17-2004, 04:12 PM
lavender
 
Posts: n/a
Unhappy Jurisdiction plugged

Well, guys, I buckled up, got intimidated and on my appearance on 11-8, and accepted the incorrect id thing. I actually did give the Ofc at first an id badge that was my mothers (deceased) and then asked for it back, the officer kept it and they still have it down there, won't give it back, even tho I served them with a notice of trespass for items they stole from me, personal items, for $5k per day usury fees. Have to follow up on that but, they told me what the fine was, I never actually agreed to pay it but was given till 1-05 to pay it ha ha. Then last friday i was taking my nephew with me somewhere in a borrowed car, I turned right at a stop sign, a car suddenly pulls behind me, I pulled into the lot of a furniture store. i asked P.O. to identify himself to me, as he was saying give me your license, etc. He refused to give any and kept pointing to his badge saying that's all I would get!!! I told him immediately that I was not someone required to have a driver license as I was traveling in my private capacity, and did he have a warrant for my arrest?, Was I being detained? At the same time I removed my self from the car, left my purse in it, we both got out, I told my nephew not to give them my name, he didn't. I of course was taken to jail again where I refused to "cooperate" by not giving picture or prints. Almost 4 hours before 72 hours was up (after being threated every four hours with a court order that would force me to give prints, they do it here in wayne county MI), they told me they were sending me downtown to the county where I would serve time (?) and would give my prints! I was so tired and crippled from lying on the cement floor and sick I gave picture, prints, but I did sign as "signed under duress, without prejudice to me. I can still barely walk. They arraigned me by tv, I asked the prick judge can I ask you a few questions, yes. I said what type of court is this, there are 3 kinds, he said this is a criminal court, you got sucked into the system, so deal with it. I said that I don't have all the knowlege to make any legal determination about this whole thing, he said "hire an attorney". Yes I was taken off guard, but handled this one a little better. The officer did not have a signed warrant for my arrest, no "rights" were read to me. Not being used to all the angles that I should have done, they just overpower you, grab you search your car, steal your keys, remove the plate off the car, and put a lien on the car in the system till "they" decide what to do with the deal. This particular judge really gets off on sending people to jail. The worst one on the bench there. I do appreciate your comments, posts, but yes I blew it by thinking in this small town which is cursed with these rotten bastards that one trip to the court was enough. The battle is not lost yet. This time I will have to go "sui juris" to avoid jail time as it is a charge of DWLS 2nd, and obstructing, they just threw that in there. I just don't know how these pricks sleep at night!
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