How To Get Your Case Dismissed If You Neglect To Refuse For Cause The Presentment

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26 Questions

Which argument can be used to object to a judge's attempt at fraud?

The missing plaintiff argument

What can be done if the prosecutor tries to shoot down written evidence with verbal excuses?

All of the above

Which type of court is the preceding chapter not meant for?

Administrative court

Which type of court is traffic court usually in?

A court of no record

What can help remove stress and anxiety from the court process?

Being in a court of record

How can you determine if a 'judge' is an elected judicial officer?

By asking them directly

What does it mean if a judge is a 'judge pro tem'?

The judge was temporarily appointed

What should you do if the judge is not a duly elected judicial officer?

Recuse the judge for cause

What is the significance of a court being a 'court of record'?

It is a common law court

What is the main purpose of being in court according to the text?

To challenge jurisdiction

According to the 6th Amendment, what right do you have when facing charges?

The right to know the nature and cause of the accusation

What can happen if a judge acts like a prosecutor during a trial?

The case will be thrown out

What is required for a judicial court to establish subject matter jurisdiction?

A charging instrument

What is the purpose of challenging jurisdiction in court?

To expose the court's fraud

What should you do if the judge asks you a question in court?

Stick to your original line of approach

What is the risk of challenging or threatening the judge's position in court?

Contempt of court charge

What is the purpose of saying 'No' when asked if you understand the charges?

To control the matter

What is the main tactic mentioned in the text for manipulating the judge into dismissing the case?

Bait, steer, and corner

What should you do if the judge answers that the case is a CIVIL action?

Object and move for dismissal

What is the purpose of asking the judge about the jurisdiction of the case?

To determine if it is a common law or Admiralty jurisdiction

What is the consequence if the common law criminal jurisdiction is declared?

The case must be dropped

What is the accused's right according to the 6th Amendment?

To know the jurisdiction being applied

What should you do if the judge or prosecutor says anything to violate your case or the truth?

Object and give your reason

What should you do if you are in a court of no record?

Have a friend or witness record the proceedings

What should you do if the judge or prosecutor interrupts you?

Take exception to their behavior

What should you do if the judge cannot answer your question without incriminating himself?

Demand an answer or legal determination

Study Notes

Tips for Asserting Your Rights in Traffic Court

  • Going to court, even traffic court, can be stressful and anxiety-inducing.
  • Knowing what to expect and how the legal system works can help reduce stress.
  • Researching how the legal system works can prevent confusion and victimization.
  • Insisting on being in a "court of record" can ensure a judicial handling of your case.
  • Traffic courts are "courts of no record," meaning proceedings may not be fully recorded.
  • Asking the judge if they are a duly elected judicial officer can determine their authority.
  • Checking if the judge has sworn a valid Oath of Office can hold them accountable.
  • Demanding a hearing in a court of record under common law is within your rights.
  • Refusing to be heard in anything less than a court of record is important.
  • Municipal city courts are not considered courts of record.
  • Courts must conform to four requirements to be considered lawful courts of record.
  • In court, it is important to challenge jurisdiction and not answer questions or testify.

Test your legal knowledge with this quiz on civil and criminal actions. Find out if you can spot the correct type of case based on a judge's response. Challenge yourself to avoid getting trapped in the wrong court!

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