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

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Questions and Answers

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

The demand for hard evidence argument

The lack of sworn complaint argument

The missing plaintiff argument (correct)

The motion for dismissal argument

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

Ask the judge for the charging instrument

Remind the judge that the prosecutor hasn't proven anything

Ask the judge to motion the prosecutor to show cause

All of the above (correct)

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

Court of record

Judicial law court

Administrative court (correct)

Common law court

Which type of court is traffic court usually in?

A court of no record Signup and view all the answers

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

Being in a court of record Signup and view all the answers

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

By asking them directly Signup and view all the answers

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

The judge was temporarily appointed Signup and view all the answers

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

Recuse the judge for cause Signup and view all the answers

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

It is a common law court Signup and view all the answers

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

To challenge jurisdiction Signup and view all the answers

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

The right to know the nature and cause of the accusation Signup and view all the answers

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

The case will be thrown out Signup and view all the answers

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

A charging instrument Signup and view all the answers

What is the purpose of challenging jurisdiction in court?

To expose the court's fraud Signup and view all the answers

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

Stick to your original line of approach Signup and view all the answers

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

Contempt of court charge Signup and view all the answers

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

To control the matter Signup and view all the answers

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

Bait, steer, and corner Signup and view all the answers

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

Object and move for dismissal Signup and view all the answers

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 Signup and view all the answers

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

The case must be dropped Signup and view all the answers

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

To know the jurisdiction being applied Signup and view all the answers

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

Object and give your reason Signup and view all the answers

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

Have a friend or witness record the proceedings Signup and view all the answers

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

Take exception to their behavior Signup and view all the answers

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

Demand an answer or legal determination Signup and view all the answers

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.

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Description

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!