A Brief Introduction To Concepts Of Law Know Your Choice Of Law

11 Questions

According to the text, what type of court administers traffic violations?

Administrative court

What is the purpose of knowing how to enter a judicial 'court of record' under the common law?

To retain rights recognized by the Constitution

Why is it important to understand the difference between a judicial court and an administrative court?

To have a winning defense in court

According to the text, what is the burden of proof in an administrative court?

The burden of proof is on the defendant.

According to the text, who can administrative courts bring action against?

Administrative courts can bring action against legal fictions.

According to the text, what is required to challenge the jurisdiction of an administrative traffic court?

Proof of reservation of rights

According to the text, what happens if a court does not have subject matter jurisdiction or in personam jurisdiction?

The court must recuse itself and dismiss the case.

According to the text, when must the objection to remove personam jurisdiction be made in an administrative court?

Before the arraignment hearing

According to the text, why must the officer have a corpus delecti to come against someone as a natural man?

To demonstrate the existence of a crime or injured party

According to the text, in what context would the state have standing as an injured party?

Administrative court with a legal fiction as the defendant

According to the text, what must the state or city municipality do to prove that there is a contract in play?

Produce a contract signed by the defendant

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.