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  #81  
Old 06-20-2005, 10:47 AM
futop futop is offline
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Join Date: Mar 2005
Posts: 36
making a plea

Maybe somebody can verify this but I have heard recently on the John Bryant show (A man that used to be with rightwaylaw, I can't remember his name) a guest speaker stated that if you refuse to plea, then they can make a plea for you but if you say "I am not refusing to plea, I want to plea", then they can't plea for you. I think this could be verified somewhere in the code I just don't know where.
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  #82  
Old 06-20-2005, 11:07 AM
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Akira Akira is offline
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Location: Maine state
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I stand corrected
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No post is ever intended as 'legal' advice. Lawful perspectives discussed openly.
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Last edited by Akira : 06-21-2005 at 07:41 AM.
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  #83  
Old 06-20-2005, 12:37 PM
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Ice Ice is offline
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Location: Indiana
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Quote:
Originally Posted by Akira
Let's take this one in pieces... (AP=accomidation party to the strawman=you gave the judge jurisdiction)

If you show up at court you grant jurisdiction

if you say something you grant jurisdiction,

if you do not say anything you grant jurisdiction,

if you file any paperwork or motions you grant jurisdiction,

if you stand up when your "name" is called you just granted jurisdiction,

if you cross the "bar" you grant jurisdiction,

if you do not show up at all you grant jurisdiction.

Let's be clear.... The court makes a large number of UNDISCLOSED PRESUMPTIONS, before you ever walk in. These presumptions must be rebutted immediatedly or the presumptions stand ! Especially if you are claiming to be competent ! This is the entire turning point !

The question of jurisdiction can be raised at any time, and since neither consent nor waiver can give jurisdiction, the court will not proceed where it appears from the record that it has no authority.

Coffee v. Peterbilt of Nashville, Inc. (Tenn.) 705 SW2d 656.

Ice
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  #84  
Old 06-20-2005, 01:12 PM
test test is offline
Practice Makes Perfect
 
Join Date: Oct 2004
Posts: 228
Thank you Akira, your answers help to understand a bit better about the process.

Thanks ICE for that remainder again.

I think it all boils down to:

How not to get railroaded in court?

And of course there is not an easy answer to that question.

If you would ask (demand) a prosecutor or a judge to disclose all the presumptions they are operating under in order to rebutt them, would they have to answer or is there a way to make them answer that question(s)?

Or the "ignorance of the law (or facts) is no excuse" apply here against you as well?

Thanks
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  #85  
Old 06-20-2005, 01:20 PM
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Akira Akira is offline
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Location: Maine state
Posts: 873
Rather than deny the courts jurisdiction, once they think they have it... take the simpler path... and just never give it to them...

For HIS Glory,
Akira
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Akira = Akira-
Counselor in Law (student) - I live it, I don't 'practice'
No post is ever intended as 'legal' advice. Lawful perspectives discussed openly.
"Pro and Con are opposites, this is plainly seen.
If progress means 'to move forward', what does congress mean?" - Nipsy Russel

"It's not the will to win, it's the will to prepare to win." - Bobby Knight

Last edited by Akira : 06-21-2005 at 07:44 AM.
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  #86  
Old 06-20-2005, 01:37 PM
Eureka
 
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On pleading

I like this:

" I plea I am not pleading anything".
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  #87  
Old 06-20-2005, 01:56 PM
David Merrill's Avatar
David Merrill David Merrill is offline
Come and Get Some!
 
Join Date: May 2005
Location: Colorado.
Posts: 6,326
courts of record

Quote:
In a perfect world, that's true... I only wish it were that simple... the courts are full of deceit, fraud, nondisclosure and corruption, and, given the opportunity, judges will steamroll you, especially in family court, where there is rarely a record....

It is absolutely amazing what I have stumbled upon here. The intelligence and experience on this site. You people are wonderful! So smart.

Download the state constitution .pdf from your secretary of state and search out "court of record" and "courts of record". That may help put this together.


Regards,

David Merrill.

Last edited by David Merrill : 06-23-2005 at 04:18 AM. Reason: remove myself from email notification
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  #88  
Old 06-20-2005, 02:17 PM
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Akira Akira is offline
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hmmm

Ice,

As an afterthough, I'd like to mention, I'm a bit confused with the way you quoted me above.

The print in bold letters, are Test's questions taken one at a time... to help simply and clarify the explanation...

The way they appear in your post, would lead one to believe those are my words... which they are not...

My post, as written, was obviously unclear... so, I have edited it, and added:

Quote:
BOLD TEXT (below) = Test's question's, taken, one at a time, from his quote above
Thanks for bringing this to my attention..

For HIS Glory,
Akira
__________________
Akira = Akira-
Counselor in Law (student) - I live it, I don't 'practice'
No post is ever intended as 'legal' advice. Lawful perspectives discussed openly.
"Pro and Con are opposites, this is plainly seen.
If progress means 'to move forward', what does congress mean?" - Nipsy Russel

"It's not the will to win, it's the will to prepare to win." - Bobby Knight
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  #89  
Old 06-20-2005, 03:19 PM
HenryBowman
 
Posts: n/a
Thanks to everyone that contributed to this post!

Next Monday, I will stand in front of a state whore called a "judge."

This information was so timely, as we all need reminders of how to conduct ourselves in the presence of our servants.

I will enter, when the STRAWMAN's name is called, I will stand, state who I am, (Henry Franklin), state that I own the property that he just used in the name of Henry Franklin Bowman, that there is a use fee associated for the use thereof, and I will ask if he has written waiver of that use fee.

Then any further questions will be answered by, "I have Identification. Bailiff, hand this [my DBA and Tradename Contract- A/K/A Copyright Notice] to the person on the bank."

Whatcha think?

Henry Franklin

Last edited by HenryBowman : 06-20-2005 at 05:14 PM.
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  #90  
Old 06-20-2005, 03:28 PM
HenryBowman
 
Posts: n/a
Quote:
Originally Posted by David Merrill
It is absolutely amazing what I have stumbled upon here. The intelligence and experience on this site. You people are wonderful! So smart.

Download the state constitution .pdf from your secretary of state and search out "court of record" and "courts of record". That may help put this together.


Regards,

David Merrill.

In North Carolina, those words are not in the Constitution.
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