Podcast
Questions and Answers
According to the text, what type of court administers traffic violations?
According to the text, what type of court administers traffic violations?
What is the purpose of knowing how to enter a judicial 'court of record' under the common law?
What is the purpose of knowing how to enter a judicial 'court of record' under the common law?
Why is it important to understand the difference between a judicial court and an administrative court?
Why is it important to understand the difference between a judicial court and an administrative court?
According to the text, what is the burden of proof in an administrative court?
According to the text, what is the burden of proof in an administrative court?
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According to the text, who can administrative courts bring action against?
According to the text, who can administrative courts bring action against?
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According to the text, what is required to challenge the jurisdiction of an administrative traffic court?
According to the text, what is required to challenge the jurisdiction of an administrative traffic court?
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According to the text, what happens if a court does not have subject matter jurisdiction or in personam jurisdiction?
According to the text, what happens if a court does not have subject matter jurisdiction or in personam jurisdiction?
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According to the text, when must the objection to remove personam jurisdiction be made in an administrative court?
According to the text, when must the objection to remove personam jurisdiction be made in an administrative court?
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According to the text, why must the officer have a corpus delecti to come against someone as a natural man?
According to the text, why must the officer have a corpus delecti to come against someone as a natural man?
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According to the text, in what context would the state have standing as an injured party?
According to the text, in what context would the state have standing as an injured party?
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According to the text, what must the state or city municipality do to prove that there is a contract in play?
According to the text, what must the state or city municipality do to prove that there is a contract in play?
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Study Notes
Understanding Your Choice of Law and Jurisdiction in Court
- When going to court, individuals have the option to choose which system of law they want to have jurisdiction over them.
- In order to retain constitutional rights, it is important to enter a judicial "court of record" under common law rather than a legislative administrative court.
- Traffic courts, such as county justice courts or city municipal courts, are actually administrative courts that administer law based on contract law and traffic codes.
- In administrative courts, the burden of proof is on the defendant, and if there is no dispute over the facts, the defendant is presumed guilty.
- To stay out of administrative traffic courts, one must challenge jurisdiction by reserving their rights and proving their identity as a natural person.
- Administrative courts only deal with legal fictions and cannot bring actions against natural people.
- It is important to be aware of the legal significance of the words used in court, as certain terms have been redefined in statutes, such as "person" and "individual."
- By properly identifying oneself as a natural man or woman, it is possible to remove personam jurisdiction from an administrative court.
- The officer who issued a citation represents a fictitious public entity, and in order for the officer to come against a natural person, there must be an injured party or corpus delecti.
- If there is no injured party or corpus delecti, there is no cause of action or claim, and the case can be dismissed.
- Rebutting the court's assumption that one is a "driver" places the burden of proof on the state or city municipality to prove the existence of a contract or a sworn complaint.
- Understanding one's Natural Right to travel on roadways and in what context this right is upheld can help individuals navigate traffic stops.
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Description
Test your knowledge about the choice of law in legal matters. Learn how to assert your preference for a specific legal system and challenge contract limitations.
