This article is Part 2; here’s Part 1. “The newborn son of Robert Thorn and his wife, Katherine, dies shortly after birth in Rome where Robert is stationed. The grieving Robert is convinced by Father Spiletto into adopting an orphan whose mother died at the same moment. Out of concern for his wife’s mental well-being, Robert agrees. They name the child Damien Thorn. Soon after, Robert is named U.S. Ambassador to Great Britain.” Check out the filmtrack from Jerry Goldsmith. Read more about The Omen (1976)
Here’s a Latin Dictionary. Check out this site, Professor Moses’ Criminal Law. Research probate. Check out these Remedies. Here’s information from the bottom of the Jefferson County Colorado DA’s website:
“Under the restrictive theory of sovereign immunity, a State or State instrumentality is immune from the jurisdiction of the courts of another State, except with respect to claims arising out of activities of the kind that may be carried on by private persons. Under the restrictive theory, a State is immune from any exercise of judicial jurisdiction by another State in respect of claims arising out of governmental activities (de jure imperii); it is not immune from the exercise of such jurisdiction in respect of claims arising out of activities of a kind carried on by private persons (de jure gestionis).” Read more.
“Subject-matter jurisdiction must be distinguished from personal jurisdiction, which is the power of a court to render a judgment against a particular defendant, and territorial jurisdiction, which is the power of the court to render a judgment concerning events that have occurred within a well-defined territory. Unlike personal or territorial jurisdiction, lack of subject-matter jurisdiction cannot be waived. A judgment from a court that did not have subject-matter jurisdiction is forever a nullity. To decide a case, a court must have a combination of subject (subjectam) and either personal (personam) or territorial (locum) jurisdiction.
“Subject-matter jurisdiction, personal or territorial jurisdiction, and adequate notice are the three most fundamental constitutional requirements for a valid judgment. Read more.
“The Latins considered Saturn the predecessor of Jupiter. Saturn reigned in Latium during a mythical Golden Age reenacted every year at the festival of Saturnalia. Saturn also retained primacy in matters of agriculture and money. Unlike the Greek tradition of Cronus and Zeus, the usurpation of Saturn as king of the gods by Jupiter was not viewed by the Latins as violent or hostile; Saturn continued to be revered in his temple at the foot of the Capitol Hill, which maintained the alternative name Saturnius into the time of Varro…
“A. Pasqualini has argued that Saturn was related to Iuppiter Latiaris, the old Jupiter of the Latins, as the original figure of this Jupiter was superseded on the Alban Mount, whereas it preserved its gruesome character in the ceremony held at the sanctuary of the Latiar Hill in Rome which involved a human sacrifice and the aspersion of the statue of the god with the blood of the victim.” Read more.
“As a roaring lion, and a ranging bear; so is a wicked ruler over the poor people….” Proverbs 28:15 KJV
Watchman Video Broadcast “Pastor Mike continues an in-depth study of Principalities, the first of four wiles of the devil that the Bible tells us we wrestle against that make up the Fourth Kingdom. This video explores the symbols of the beasts associated with Principalities and their significance….” More. Pastor Mike is a Featured Activist.
FRCP #12 “How to Present Defenses. Every defense to a claim for relief in any pleading must be asserted in the responsive pleading if one is required. But a party may assert the following defenses by motion…”
Who Must Be Served
“Service of process is effective only if the right person is served. When the defendant can be described but not named, service by publication can be made with a fictional name like Richard Roe. Where the defendant is not a natural person but a corporation, statutes generally provide for effective service on a managing agent, a director, an officer, or anyone designated an agent in the corporation’s application for a charter or a license to do business within the state.
“If the person to be sued is a child or a person incapable of managing his own legal affairs, service may be made on a parent, guardian, or someone else entrusted with the defendant’s care or affairs. The plaintiff may ask the court to designate a proper person when there is doubt. An estate can be sued by service of process on an executor or administrator. The plaintiff may ask the court to appoint such a person if none has yet been named.
“When more than one person is being sued, each of them must be served. For example, if a partnership is sued, each partner must be served.” Read more
“A universal principle as old as the law is that a proceedings of a court without jurisdiction are a nullity and its judgment therein without effect either on person or property.” Norwood v. Renfield, 34 C 329; Ex parte Giambonini, 49 P. 732.
“Jurisdiction is fundamental and a judgment rendered by a court that does not have jurisdiction to hear is void ab initio.” In Re Application of Wyatt, 300 P. 132; Re Cavitt,118 P2d 846.
“Thus, where a judicial tribunal has no jurisdiction of the subject matter on which itassumes to act, its proceedings are absolutely void in the fullest sense of the term.” Dillonv. Dillon, 187 P 27.
“Where a court failed to observe safeguards, it amounts to denial of due process of law, court is deprived of juris.” Merritt v. Hunter, C.A. Kansas 170 F2d 739.
“Judgment made when the court lacks subject matter jurisdiction is void.” Clark v. State,727 N.E.2d 18, transfer denied 741 N.E.2d 1247 (2000).
“The Courts are operating under the Emergency War Powers Act. The country has been under a declared “state of emergency” for the past 70 years resulting in the Constitution being suspended (See Title 50 USC Appendix – Trading with the Enemy Act of 1917).” Read more.
“In a criminal action, the trial court must not only have jurisdiction over the offense charged, but it must also have jurisdiction over the question which its judgment assumes to decide. State v. Chatmon, 234 Kan. 197, 205, 671 P.2d 531 (1983). Whether a court has jurisdiction over the offense in a particular case is determined from the allegations in the accusation. An information is the only vehicle by which a court obtains and has limits placed on its jurisdiction.” State v Kraushaar, 957 P.2d 1106, 264 Kan. 667
“A court has no jurisdiction to determine its own jurisdiction, for a basic issue in any case before a tribunal is its power to act, and a court must have the authority to decide that question in the first instance.” Rescue Army v. Municipal Court of Los Angeles, 171 P2d8; 331 US 549, 91 L. ed. 1666, 67 S.Ct. 1409.
“A departure by a court from those recognized and established requirements of law,however close apparent adherence to mere form in method of procedure, which has theeffect of depriving one of a constitutional right, is an excess of jurisdiction.” Wuest v.Wuest, 127 P2d 934, 937.
“Absent required colloquy by magistrate judge, language printed on consent form was not sufficient to inform defendant of his rights under statute allowing defendant charged with misdemeanor to waive trial before district judge and to elect trial before magistrate judge, where the relevant portion of the consent form was three sentences long, and only one of the sentences addressed defendant’s right to an Article III judge.” U.S.C.A. Const.Art. 3, sec. 1 etseq; 18 U.S.C.A. sec 3401(b); FRCrP 58(b)(2), (b)(3)(A), 18 U.S.C.A.U.S. v. Gochis 196 F.R.D. 519 (2000).
“Court may always raise question of subject matter jurisdiction on appeal and in courts below.” U.S. v. Prestenbach, 230 F.3d 780 (2000).
“Courts can always consider questions as to subject matter jurisdiction whenever raised and even sua sponte.” U.S. v. White, 139 F.3d 998 cert den 119 S.Ct 343, 525 U.S. 393,142 L.Ed.2d 283 (1998).
“Jurisdiction over a defendant requires both personal and subject matter jurisdiction.”Boles v. State, 717 So.2d 877 (1998).
“Courts acquire authority to adjudicate matter if they have both subject matter and in personam jurisdiction.” McKinney’s CPL v. sec. 1.20 subd. 9. — People v. Marzban, 660 N.Y.S.2d 808, 172 Misc.2d 987 (1997).
“Subject matter jurisdiction is determined from pleadings.” Hall v. State, 933 S.W.2d363, 326 Ark. 318, 326 Ark. 823 rehearing denied (1996).
“In its most fundamental or strict sense, ‘jurisdiction’ means an entire absence of power to hear or determine the case, an absence of authority over the subject matter or the parties, but the term may also refer to the situation where a court that has jurisdiction over the subject matter has no power to act except in a particular manner, or to give certain kinds of relief, or to act without the occurrence of certain procedural prerequisites; action ‘in excess of jurisdiction’ by a court that has jurisdiction in a fundamental sense is not void, but only voidable. People v. Burnett, 83 Cal.Rptr.2d 629, 71 Cal.App 151(1999).
“In legal prosecution, all legal requisites must be complied with to confer jurisdiction on the court in criminal matters, as district attorney cannot confer jurisdiction by will alone.” People v. Page, 667 N.Y.S.2d 689, 177 Misc.2d 448 (1998).
“Where the court is without jurisdiction, it has no authority to do anything other than to dismiss the case.” Fontenot v. State, 932 S.W.2d 185 Judicial action without jurisdiction is void.-Id (1996).
“Jurisdiction means the power of a court to hear and determine a cause, which power is conferred by a constitution or a statute, or both.” Penn v. Com. 528 S.E.2d 179, 32Va.App. 422 (2000).
“A court cannot acquire jurisdiction to try a person for an act made criminal only by an unconstitutional law, and thus, an offense created by an unconstitutional statute, is no longer a crime and a conviction under such statute cannot be a legal cause for imprisonment.” State v. Benzel, 583 N.W.2d 434, 220 Wis.2d 588 (1998).
“Jurisdiction is determined solely from face of information or indictment.” State v.Lainez, 771 So.2d 617, and Snyder v. State 715 So.2d 367, review denied 727 So.2d 911(2000).
“As a prerequisite for presiding over a case , a court must have jurisdiction over the subject matter of an offense and of the person of the defendant; that is, two jurisdictional requirements must be satisfied before a court has authority to hear and determine a particular cause of action.” Malone v. Com., 30 S.W.3d 180 (2000).
“Lack of subject matter jurisdiction is a non-waivable defect which may be raised at any stage of the proceedings.” State v. LaPier, 961 P.2d 1274, 289 Mont. 392, 1998 MT 174(1998).
“If the trial court is without subject matter jurisdiction of defendants case, conviction and sentence would be void ab initio.” State v. Swiger, 708 N.E.2d 1033, 125 Ohio.App.3d456, dismissed, appeal not allowed, 694 N.E.2d 75, 82 Ohio St.3d 1411 (1998).
“Ruling made in absence of subject matter jurisdiction is a nullity.” State v. Dvorak, 574 N.W.2d 492, 254 Neb. 87 (1998).
“Whether or not the government takes out the interstate commerce element of an offense has no effect on the district court’s subject matter jurisdiction.” U.S. v. Degan, FED App. 0367P (6th Cir.) (2000).
“Federal criminal jurisdiction is limited to cases involving activities specifically made criminal by either Federal Constitution or Congress.” U.S. v. Corona, 934 F.Supp. 740,affirmed in part 108 F.3d 565 (1996).
“Under ‘effects doctrine,’ a sovereign only possesses jurisdiction to prosecute a crime when, inter alia, the effect within the territory is substantial.” U.S. v. Woodward, 149F.3d 46, cert. den. 119 S.Ct 1026, 525 U.S. 1138, 143 L.Ed.2d 37 (1998).
“Under the theory of ‘territorial jurisdiction,’ jurisdiction to subject the accused to criminal prosecution rests in the courts of the state in which the crime is committed.” State v. Liggins, 557 N.W.2d 263, denial of post conviction relief confirmed 2000 WL1827164 (1996).
“Territorial jurisdiction is an essential element of a crime, and a state is required to prove it beyond a reasonable doubt.” -Id
“Lack of jurisdiction cannot be cured by consent or waived by entry of a guilty plea;doctrine of waiver cannot be effective when court lacks jurisdiction over the case itself.” Harrell v. State, 721 So.2d 1185 rehearing denied , review dismissed 728 So.2d 205(1998).
“Party cannot stipulate to jurisdiction when court lacks it.” Sterling v. State, 682 So.2d694 (1996).
“Territorial jurisdiction is question of state’s power to prosecute and punish accused for crime and must be proven beyond reasonable doubt.” People v. al-Ladkani, 647 N.Y.S.2d666, 169 Misc.2d 720 (1996).
“Jurisprudence of personal jurisdiction in civil matters has no bearing on question whether a person may be brought to a State and tried there for crimes under that State’s laws.” In re Vasquez, 705 N.E.2d 606, 428 Mass. 842 (1999).
“Where the law provides method for acquiring jurisdiction over defendant in criminal action, as by indictment of grand jury, that method must be strictly pursued to acquire jurisdiction.” People v. Page, 677 N.Y.S.2d 689, 177 Misc.2d 448 (1998).
“Oh people, look around you
The signs are everywhere
You’ve left it for somebody other than you
To be the one to care…” Rock Me on the Water, Jackson Browne
Published on Sep 12, 2012 “On this edition of Down the Rabbit Hole, Popeye and Mark Passio go over the occult aspects of 9/11 exposing that it was more than just a false flag terror attack, it was a massive ritual with the victims being a blood sacrifice with the intent to destroy “CARE” otherwise known as the sacred feminine…”
“If defendant enters plea of not guilty and is in court on day of trial, the court has jurisdiction over his person.” State v. Waters, 971 P.2d 538, 93 Wash.App 969 (1999).
“Subject matter jurisdiction may not be conferred on a federal court by stipulation,estoppel, or waiver.” U.S. v. Burch, 169 F.3d 666. (1999).
“Power of courts to proceed, i.e., their jurisdiction over the subject matter, cannot beconferred by mere act of litigant, whether it amounts to consent, waiver, or estoppel, andhence the lack od such jurisdiction may be raised for the first time on appeal.” People v.Lopez, 60 Cal.Rptr.2d 511, 52 Cal.App.4th 233 (1997).
“Jurisdiction can not be conferred to court by agreement of parties.” Akins v. State, 691So.2d 587 (1997).
“Where no cognizable crime is charged, the court lacks fundamental subject matter jurisdiction to render a judgment of conviction, i.e. it is powerless in such circumstances to inquire into the facts, to apply the law, and to declare the punishment for an offense.” Robinson v. State, 728 A.2d 698, 353 Md. 683 (1999).
“Parties cannot confer subject matter jurisdiction upon judicial tribunal by either acquiescence or consent; nor may subject matter jurisdiction be created by waiver, estoppel, consent, or conduct of parties.” State v. Trevino, 556 N.W.2d 638, 251 Neb.344 (1996).
“Appearance ticket is not accusatory instrument and its filing does not confer jurisdiction over defendant.” People v. Gabbay, 670 N.Y.S.2d 962, 175 Misc.2d 421 appeal denied678 N.Y.S.2d 26, 92 N.Y.2d 879, 700 N.E.2d 564 (1997)
“Service of an appearance ticket on an accused does not confer personal or subject matter jurisdiction upon a criminal court.” People v. Giusti, 673 N.Y.S.2d 824, 176 Misc.2d 377 (1998).
“Criminal subject matter jurisdiction is the power of the court to inquire into charged crime, to apply applicable law, and to declare punishment.” W.S.A. Const. Art. 7, sec. 8;W.S.A. 753.03, State v. West, 571 N.W.2d 196, 214 Wis.2d 468 , review denied 579 N.W.2d 44, 216 Wis.2d 612 (1997).
“Municipal courts do not have jurisdiction to render final judgments on felony charges.” Muhammad v. State, 998 S.W.2d 763, 67 Ark.App 262 (1999).
“Circuit courts have exclusive original jurisdiction over all misdemeanors which arise out of the same circumstances as a felony also charged.” State v. Coble, 704 So.2d 197(1998).
“Circuit court has no jurisdiction to try misdemeanors in the absence of a felony.” Shortv. State 767 So.2d 575 (2000).
“State Constitution establishes exclusive jurisdiction over felony cases in the superior court.” State v. Sterling, 535 S.E.2d 329, 244 Ga.App. 328 (2000).
“There was no merit to defendant’s contention that district court lacked subject matter jurisdiction over him because his crime did not take place on federally owned land and the 10th Amendment reserved drug prosecutions such as his to the states.” U.S.C.A.Const. Amend. 10, Comprehensive Drug Abuse Prevention and Control Act of 1970, sec.401(a), 406, 21 U.S.C.A. secs 841(a), 846. U.S. v. Deering 179 F.3d 592, cert. den. 120S.Ct 361, 528 U.S. 945, 145 L.Ed.2d 283 (1999).
“No valid conviction can occur if the charging instrument is void.” State v. Wilson, 6S.W.3d 504 (1998).
“Threshold issue of whether court has jurisdiction to resolve pending controversy is fundamental and cannot be ignored; accordingly, court may sua sponte address issue, as subject matter jurisdiction cannot be conferred by agreement of parties, but must be vested in court by constitution or statute.” State v. Roberts, 940 S.W.2d 655, on remand1997 WL334879. (1996).
Check out this article, Personal Jurisdiction on the Internet — A Survey of the Cases by David G. Post with the Cyberspace Law Institute PDF. Here’s an excellent PDF, What is Personal Jurisdiction, Pennoyer and Others, by Anonymous. It says:
a. Jurisdiction is the power to render authoritative judgment.
b. Jurisdiction over the parties—whether the court has jurisdiction to decide a case between particular parties or concerning the property.
c. Two inquiries:
i. Substantive due process—the court must have power to act.
ii. Procedural due process—the defendant must have both (1) adequate notice and (2) an opportunity to be heard.
“A judgment rendered by a court without personal jurisdiction over the defendant is void. It is a nullity.” Sramek v. Sramek, 17 Kan. App. 2d 573, 576-77, 840 P.2d 553 (1992), rev.denied 252 Kan. 1093 (1993).
“A court cannot confer jurisdiction where none existed and cannot make a void proceeding valid. It is clear and well established law that a void order can be challenged in any court.” Old Wayne Mut. L. Assoc. v. McDonough, 204 U. S. 8, 27 S. Ct. 236(1907).
“There is no discretion to ignore lack of jurisdiction.” Joyce v. U.S. 474 2D 215.“Court must prove on the record, all jurisdiction facts related to the jurisdiction asserted.” Latana v. Hopper, 102 F. 2d 188; Chicago v. New York, 37 F Supp. 150.
“The law provides that once State and Federal Jurisdiction has been challenged, it must be proven.” Main v. Thiboutot, 100 S. Ct. 2502 (1980).
“Jurisdiction can be challenged at any time.” “Jurisdiction, once challenged, cannot be assumed and must be decided.” Basso v. Utah Power & Light Co., 495 F 2d 906, 910.
“Defense of lack of jurisdiction over the subject matter may be raised at any time, even on appeal.” Hill Top Developers v. Holiday Pines Service Corp., 478 So. 2d. 368 (Fla2nd DCA 1985).
“Once challenged, jurisdiction cannot be assumed, it must be proved to exist.” Stuck v.Medical Examiners, 94 Ca 2d 751. 211 P2d 389.
“The burden shifts to the court to prove jurisdiction.” Rosemond v. Lambert, 469 F2d416.
“Before a court may exercise judicial power to hear and determine a criminal prosecution, that court must possess three types of jursdiction: jurisdiction over the defendant, jurisdiction over the alleged crime, and territorial jurisdiction.” Const. Art. 1sec. 9, State v. Legg, 9 S.W.3d 111 (1999)“Without jurisdiction, criminal proceedings are a nullity.” State v. Inglin, 592 N.W.2d666, 274 Wis.2d 764 (1999).
“While superior court lacks authority to try a defendant for a felony charged by information with an offense not previously subjected to a preliminary hearing, violation of this limitation on the superior court’s power would constitute action in excess of jurisdiction, waivable error, and not non-waivable subject matter jurisdiction.” People v.Burnett, 83 Cal.Rptr.2d 629, 71 Cal.App.4th 151 (1999).
“Trial court acts without jurisdiction when it acts without inherent or common law authority, nor any authority by statute or rule.” State v. Rodriguez, 725 A.2d 635, 125Md.App 428, cert den 731 A.2d 971, 354 Md. 573 (1999).
“Criminal law magistrates have no power of their own and are unable to enforce any ruling.” V.T.C.A., Government Code sec. 54.651 et seq., Davis v. State, 956 S.W.2d 555 (1997).
“A court’s authority to exercise its subject matter jurisdiction over a case may be restricted by Failure to comply with statutory requirements that are mandatory in nature and, thus, are prerequisite to court’s lawful exercise of that jurisdiction.” Moore v. Com.,527 S.E.2d 406, 259 Va. 431 (2000).
“Only Congress can make an act a crime, affix punishment to it, and declare court that shall have jurisdiction.” U.S. v. Beckford, 966 F.Supp. 1415 (1997).
Here’s more from I am a Freeman. Check out my site Get Out and Stay Out of Jail. I am not an attorney, and this is not legal advice. It’s provided for “entertainment only.” You should always consult many sources. Claims….it’s all about establishing a claim. Read Surety Bonds: Obligee, Obligor, Life Goes On….Brah! here Read Just Ask Robert De Niro: The Achilles Heel is “You.“here.
When you “appear” at the corporation’s courts, they presume you are the fiduciary for the STRAWMAN, who is already guilty! This is a rebuttable presumption. You are asked to plead: Guilty, Not Guilty, and No Contest, which is the same as Not Guilty. If you plead Guilty, you’ve lost. If you plead Not Guilty, you’ve lost because the STRAWMAN is already guilty, and now you are arguing!
Clearly, pleading “innocent” is not an option. Your best bet is to challenge jurisdiction: territorial or personal, and subject matter. Maintain your innocence and refuse to plead! Check out Common Law Vs. Statutory Jurisdiction. If you are being accused of committing a crime there’s more here. What Does Accepted for Value Mean? Read it here. Read about the Apostille and Certificate of Notarial Authority here. Authority of Agents PDF Foreign Sovereign Immunity Act here. Read everything from Kurt Kallenbach.
You may not want to hire a BAR card holding defense attorney. They are officers of the court, beholden to the Crown. Check out this video. When the casting call came down, “Hey, we’re lookin’ for someone to play the role of defendant and stand in for the rest of the corporate criminals,” you stepped up.
You have been cast in a role that makes you liable for the legal fiction, their collective entity…..drum roll please: the defendant. It’s the starring role! Paul Rogers from the band, Bad Company, once sang, “Don’t you know you are a shooting star…” Check out Declaratory Judgement from Winston Shrout here.
Will you live on your feet or die on your knees? More here. Check out this info. at Jurisdictionary. Read Basic Foundations of Commercial Law here. Check out Government Liability in Tort by Edwin M. Borchard (1925), PDF. Read Challenging Federal Jurisdiction: The Seven Elements of Jurisdiction here.
Codes, statutes, and ordinances do not apply to real men and women, only to legal fictions and/or corporations. Read about Evidence That is Self-Authenticating. Obviously, a man or a woman forms a company or corporation by CONSENT. If “they” are treating you like a legal fiction and/or corporation without your consent, then you have to figure out where and when you consented and undo it. You have a right to be left alone! Check out USA vs US. Good luck!