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  #21  
Old 05-08-2008, 09:42 AM
Lawdog Lawdog is offline
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chuckles

Ok, Chuckles. I will humor you.

a) There are basically three kinds of courts in this country. 1) Local or municipal courts, for a city or town. 2) State courts, which at the trial level are on the county or parish level, typically. They also have appellate divisions, such as a Court of Appeals and Supreme Court. 3) Federal courts. Trial level are the district and bankruptcy courts, and there are also the Circuit Courts of Appeals, and the U.S. Supreme Court.

Federal courts hear admiralty cases. But the vast majority of cases heard in federal courts are NOT admiralty cases. They are criminal cases and non-admiralty civil cases about breaches of contract, torts, and things of that nature. Admiralty and maritime law is ONLY concerned with navigable waters such as the sea, ocean, and great lakes, and the navigation and commerce pertaining thereto. 99.9% of cases in even federal court have nothing at all to do with admiralty and maritime law. If you're in a courtroom where the flag has a gold fringe, that means...the flag has a gold fringe. It does not make the court you're in an admiralty court. That's just wingnut myth.

b) If the accused in a criminal case cannot understand the charges against him, then he is not capable of aiding in his own defense. Accordingly, he is mentally incapable of standing trial, and a court will typically order the defendant remanded to the custody of a mental health facility until such time as the defendant can understand the nature of the charges against him.

c) Which administrative procedures act? There's a federal one, and many states have one also.

d) There is no "system of private corporate laws that only apply to fictional persons." This is also wingnut myth. Private corporations have policies, not laws. Laws apply to everyone. The laws passed by the Congress of the United States and your state legislature apply to you and everyone else in the nation (or state, as the case may be), unless you're specifically exempted therefrom in the text of the law as written.

Don't like the law? Seek to have it changed. It's what living in a democratic republic is all about, dude.
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We reject Skurdal's argument that he is a "free man" exempt from the laws because he has "no contracts" with either the state or federal governments...No persons in Montana may exempt themselves from any law simply by declaring they do not consent to it applying to them...Accepting Skurdal's assertion of exempt status is an invitation to anarchy. We decline that invitation. - State v. Skurdal, Supreme Court of Montana, 235 Mont. 291, 767 P.2d 304 at 308 (1988).
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  #22  
Old 05-08-2008, 10:37 AM
moishanb moishanb is offline
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Quote:
Originally Posted by Lawdog
Ok, Chuckles. I will humor you.

a) There are basically three kinds of courts in this country. 1) Local or municipal courts, for a city or town. 2) State courts, which at the trial level are on the county or parish level, typically. They also have appellate divisions, such as a Court of Appeals and Supreme Court. 3) Federal courts. Trial level are the district and bankruptcy courts, and there are also the Circuit Courts of Appeals, and the U.S. Supreme Court.

Federal courts hear admiralty cases. But the vast majority of cases heard in federal courts are NOT admiralty cases. They are criminal cases and non-admiralty civil cases about breaches of contract, torts, and things of that nature. Admiralty and maritime law is ONLY concerned with navigable waters such as the sea, ocean, and great lakes, and the navigation and commerce pertaining thereto. 99.9% of cases in even federal court have nothing at all to do with admiralty and maritime law. If you're in a courtroom where the flag has a gold fringe, that means...the flag has a gold fringe. It does not make the court you're in an admiralty court. That's just wingnut myth.

b) If the accused in a criminal case cannot understand the charges against him, then he is not capable of aiding in his own defense. Accordingly, he is mentally incapable of standing trial, and a court will typically order the defendant remanded to the custody of a mental health facility until such time as the defendant can understand the nature of the charges against him.

c) Which administrative procedures act? There's a federal one, and many states have one also.

d) There is no "system of private corporate laws that only apply to fictional persons." This is also wingnut myth. Private corporations have policies, not laws. Laws apply to everyone. The laws passed by the Congress of the United States and your state legislature apply to you and everyone else in the nation (or state, as the case may be), unless you're specifically exempted therefrom in the text of the law as written.

Don't like the law? Seek to have it changed. It's what living in a democratic republic is all about, dude.

You are using presumptions on all the accounts above, plus something about a 'gold fringed flag' that I don't care about or believe has anything to do with this post.

You are speaking half truths, and I will point them out for our viewing audience, and not, directly for you, as I do not consent or agree with your opinions.

1a) There are several court systems in the United States. The Judiciary of the State of XXXXXXXXX, COUNTY OF XXXXXXX, and CITY OF XXXXXXX. These are all private companies, with a parent company. All companies are set up through a Headquarters, which is an executive office. The executive office gets its creation from the UNITED STATES, another private company.

1sub a) Admiralty Law is the law of Merchants, whether it be vessels, insurance, bonds, etc, and is the system preferred for international negotiable instruments. Without admiralty, the international commerce game would not work. It has been hidden well, but has come full circle in these international times. Foreign investments would not work without admiralty, and it has found its way into the lowest courts sytems. The negotiable instruments being produced by parish, city, county, state, federal agencies are being purchased by international investors, such as China, Japan, and Middle East countries. There are also US corporations that have invested heavily in these instruments, such as Wal-Mart, Goldman Sachs, BofA, etc.


b) If the accused in a criminal case cannot understand, yes he will be found incompetent. However, if the accused can understand, but will not consent to understanding(stand under the charge), and properly refuses/declines the offer, the accused will be free to pass go, without charge. You see, LAWDOG will play little tricks of his trade by changing small words like 'will not' and 'cannot', which completely change the substance of the topic by which I explain, digressing and changing the aim of this whole forum. I am not falling for your BS LAWDOG.

2) Well, since the Federal Administrative Procedures Act was created Federally first, and then all the states adopted the original creation, why don't we start with the original creation. Can you follow that LAWDOG, or would you like to continue patronizing your own EGO?

3) You state, "there is no system of private corporate laws that only apply to fictional persons." Yes, you are right, these private corporate laws also apply to individuals, corporations, and any fictional, limited liability entity that accepts to be bound by them, not to mention all the volunteers that will believe that these private coporate laws apply to them as well(human beings).

Thank you for clarifying that private corporations have policies, not laws(or should we say bylaws?). Yes, policies, like POLICE policies, CITY OF policies, COUNTY OF policies, STATE OF policies, UNITED STATES policies.

You state "laws apply to everyone". Another half truth, yes, the law of gravity applies to everyone, the Law of contract applies to everyone. Which Laws are you referring to? You stated above that private corporations don't have laws, they have policies. So did you mean that all policies apply to everyone? Or are you saying that there is no law from private corporations that apply to everyone.

I almost 'bit' on our statement about 'the Congress of the United States and your state legislature," but I will leave that alone for now, as I don't have the time to play with you on that presumption.

what is 'wingnut myth'? I could not find it defined in any of the Judicial Council or Bar Administration literature, which you claim to be of the only importance in what is real to you.

I love 'the law'. It is perfect. It is man's usurption/misinterpretation of 'the law' that I have a problem with. Truth is paramount in dealing with 'the law', and I base this soley on my experiences with you on this forum when I say, "you are lacking in that area. "

Last edited by moishanb : 05-08-2008 at 11:47 AM.
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  #23  
Old 05-08-2008, 10:56 AM
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Tigron-X Tigron-X is offline
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Re Lawdog's above comment:

But the definition of statute is: a rule of society that has the force of law.

It's not necessarly law. It's only law if it has jurisdictional relevance. So, for the most part, it fits better in the concept of "bylaw" than it does "law."

Laws can't be changed. Rules, however, can be changed ALL the time.

For example, one does not have the right to bring injury to another, e.g. murder. That's a law, and it cannot be changed. Laws typically define, rather bring to light, the rights we do not have. Everything else is a rule that governs behavior, e.g. defining a standard on how to conduct trade; defining a standard on how to travel with regards to motor vehicles or airplanes.

And by no means am I saying that statutes are evil. The major issue here is the use of government by a select few to subjugate the people for ecomical dominance.

And, since we're pointing out myths, a myth in your courts is justice.

Last edited by Tigron-X : 05-08-2008 at 11:20 AM.
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  #24  
Old 05-08-2008, 11:13 AM
Sapiens Sapiens is online now
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“Woe unto you, lawyers! For ye have taken away
the key of knowledge: ye entered not in yourselves,
and them that were entering in ye hindered.” — Luke. XI, 52

http://www.constitution.org/lrev/rod...ou_lawyers.htm

"Misfortune; calamity to you, lawyers!!! For you have taken the key of knowledge: For you did not learn and became knowledgeable yourselves, instead you hinder those that are learning and becoming knowledgeable."

I love that quote!!
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  #25  
Old 05-08-2008, 12:55 PM
Lawdog Lawdog is offline
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tall tale

This whole story is a bunch of bull hockey. For one thing, if a defendant stands mute and refuses to enter a plea, the judge must enter a plea of "not guilty" on his behalf. You cannot and will not be allowed to tie up a court by refusing to plead.

And the "this court has no jurisdiction over me unless I consent to it argument" is a 100% loser argument, as I have shown by numerous case citations.

Anyway, an attorney I know in South Carolina did some checking with the North Carolina court, and based on the county and case number given, this guy was only ever charged with no proof of insurance. And he was found not guilty, but a lot of times the judge will let you off if you actually had insurance at the time in question but just did not have the paper card to show the officer. Big whoop.

So...this guy told a lot of tall tales (also known as lies) about what happened in his case. Fairly typical in the wingnut community. He wants to look impressive to his drinking buddies, truth be damned.
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We reject Skurdal's argument that he is a "free man" exempt from the laws because he has "no contracts" with either the state or federal governments...No persons in Montana may exempt themselves from any law simply by declaring they do not consent to it applying to them...Accepting Skurdal's assertion of exempt status is an invitation to anarchy. We decline that invitation. - State v. Skurdal, Supreme Court of Montana, 235 Mont. 291, 767 P.2d 304 at 308 (1988).
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  #26  
Old 05-08-2008, 01:00 PM
Lawdog Lawdog is offline
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wrong!

Quote:
Originally Posted by Tigron-X
Re Lawdog's above comment:

But the definition of statute is: a rule of society that has the force of law.

It's not necessarly law. It's only law if it has jurisdictional relevance. So, for the most part, it fits better in the concept of "bylaw" than it does "law."

Laws can't be changed. Rules, however, can be changed ALL the time.


Wrong, wrong, wrong! Again and again, the simplest concepts escape you.

A statute is a law. Period. More precisely, a statute is a law passed by a legislature. This is in contradistinction to other sources of law, such as a constitution or case law.

Laws can indeed be changed. That you think they can't is baffling. It was once the law in this country that women could not vote. That has changed.

Although sometimes I think that particular change was a bad one...LOL
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We reject Skurdal's argument that he is a "free man" exempt from the laws because he has "no contracts" with either the state or federal governments...No persons in Montana may exempt themselves from any law simply by declaring they do not consent to it applying to them...Accepting Skurdal's assertion of exempt status is an invitation to anarchy. We decline that invitation. - State v. Skurdal, Supreme Court of Montana, 235 Mont. 291, 767 P.2d 304 at 308 (1988).
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  #27  
Old 05-08-2008, 01:44 PM
moishanb moishanb is offline
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Avoider

LAWDOG seems to avoid anyone that actually rebuts his presumptions, and she sticks to the 'guaranteed' winning arguments.

You are using presumptions on all the accounts above, plus something about a 'gold fringed flag' that I don't care about or believe has anything to do with this post.

You are speaking half truths, and I will point them out for our viewing audience, and not, directly for you, as I do not consent or agree with your opinions.

1a) There are several court systems in the United States. The Judiciary of the State of XXXXXXXXX, COUNTY OF XXXXXXX, and CITY OF XXXXXXX. These are all private companies, with a parent company. All companies are set up through a Headquarters, which is an executive office. The executive office gets its creation from the UNITED STATES, another private company.

1sub a) Admiralty Law is the law of Merchants, whether it be vessels, insurance, bonds, etc, and is the system preferred for international negotiable instruments. Without admiralty, the international commerce game would not work. It has been hidden well, but has come full circle in these international times. Foreign investments would not work without admiralty, and it has found its way into the lowest courts sytems. The negotiable instruments being produced by parish, city, county, state, federal agencies are being purchased by international investors, such as China, Japan, and Middle East countries. There are also US corporations that have invested heavily in these instruments, such as Wal-Mart, Goldman Sachs, BofA, etc.


b) If the accused in a criminal case cannot understand, yes he will be found incompetent. However, if the accused can understand, but will not consent to understanding(stand under the charge), and properly refuses/declines the offer, the accused will be free to pass go, without charge. You see, LAWDOG will play little tricks of his trade by changing small words like 'will not' and 'cannot', which completely change the substance of the topic by which I explain, digressing and changing the aim of this whole forum. I am not falling for your BS LAWDOG.

2) Well, since the Federal Administrative Procedures Act was created Federally first, and then all the states adopted the original creation, why don't we start with the original creation. Can you follow that LAWDOG, or would you like to continue patronizing your own EGO?

3) You state, "there is no system of private corporate laws that only apply to fictional persons." Yes, you are right, these private corporate laws also apply to individuals, corporations, and any fictional, limited liability entity that accepts to be bound by them, not to mention all the volunteers that will believe that these private coporate laws apply to them as well(human beings).

Thank you for clarifying that private corporations have policies, not laws(or should we say bylaws?). Yes, policies, like POLICE policies, CITY OF policies, COUNTY OF policies, STATE OF policies, UNITED STATES policies.

You state "laws apply to everyone". Another half truth, yes, the law of gravity applies to everyone, the Law of contract applies to everyone. Which Laws are you referring to? You stated above that private corporations don't have laws, they have policies. So did you mean that all policies apply to everyone? Or are you saying that there is no law from private corporations that apply to everyone.

I almost 'bit' on your statement about 'the Congress of the United States and your state legislature," but I will leave that alone for now, as I don't have the time to play with you on that presumption.

what is 'wingnut myth'? I could not find it defined in any of the Judicial Council or Bar Administration literature, which you claim to be of the only importance in what is real to you.

I love 'the law'. It is perfect. It is man's usurption/misinterpretation of 'the law' that I have a problem with. Truth is paramount in dealing with 'the law', and I base this soley on my experiences with you on this forum when I say, "you are lacking in that area. "
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  #28  
Old 05-08-2008, 02:17 PM
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Tigron-X Tigron-X is offline
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Quote:
Originally Posted by Lawdog
Wrong, wrong, wrong! Again and again, the simplest concepts escape you.

A statute is a law. Period. More precisely, a statute is a law passed by a legislature. This is in contradistinction to other sources of law, such as a constitution or case law.

Laws can indeed be changed. That you think they can't is baffling. It was once the law in this country that women could not vote. That has changed.

Although sometimes I think that particular change was a bad one...LOL

Again and again? You and I never discussed this before.

The jurisprudence you adhere to isn't the only jurisprudence available to mankind. An unjust law is not a true law. True laws are immanent in nature.

"Constitutional law" limits government. "Case law" limits the rulings of courts. Though the term "law" is used in such context, these concepts, however, are more in line with the concept of a rule (or a common practice) than a law as they are not inherent in nature, but rather man made.

The fact that women could not vote in the past was a practice of a rule of society. In other words, it was an applicatoin of man made rules, nothing more. Passing them off as laws is self-righteous.

If you and I cannot reach a consensus as to what is "Law," then there is no reason to continue this discussion.

Last edited by Tigron-X : 05-08-2008 at 04:15 PM.
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  #29  
Old 05-08-2008, 04:30 PM
ezrhythm ezrhythm is offline
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Note - Many of those that are trained in the legal system only know and understand what they are taught and don't think for themselves, hence discussions as this one has turned.
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  #30  
Old 05-08-2008, 07:30 PM
indio007 indio007 is offline
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Quote:
Originally Posted by Lawdog
Wrong, wrong, wrong! Again and again, the simplest concepts escape you.

A statute is a law. Period.


Really? a statute



is a particular law.



Whats the legal definition of Particular?
Well read it for yourself...

Now it should be quite obvious that statutes do not apply to everyone.
Attached Images
File Type: jpg particular.jpg (52.2 KB, 41 views)
File Type: jpg statute.jpg (49.8 KB, 36 views)

Last edited by indio007 : 05-08-2008 at 07:33 PM.
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