15 Questions
What is your right of avoidance called?
Right of Refusal
What can disqualify a citation document altogether in court?
Signing with a reservation of rights
What should you write above your signature if you are being coerced to sign something?
The words 'under duress'
What should you refer to the state's 'case' as to avoid inferring jurisdiction?
Matter
Under which federal codes can government officials be charged for bypassing your rights?
Title 18 United States Code (U.S.C.) §241 and §242
In a judicial court of record, what can writing 'under duress' or 'without prejudice' above your signature be used for?
To disqualify the judge
What is the purpose of attending a private court setting in the text?
To set the record straight
What happens if you enter a plea at an arraignment according to the text?
The judge assumes jurisdiction
What is the FIRST THING that must come out of your mouth in court?
State that you are there by special appearance
What is the purpose of stating that you are there by special appearance?
To challenge the court's jurisdiction
What is the significance of the term 'nisi prius' court?
It refers to a court that assumes agreement unless objections are made
What is the recommended action before using the refused for cause process?
Record the challenge to the twelve presumptions of law on the public record
Which document may be handed out prior to the arraignment in traffic court?
Notice of Charges, Etc., And Preliminary Entry of Plea
What should you do if a form handed to you does not have a disclaimer at the bottom?
Refuse to sign the form
What can signing a document in traffic court potentially be used as?
Evidence of consent
Study Notes
Tips for Challenging Jurisdiction in Traffic Court
- Municipal courts are using inventive ways to gain jurisdiction over individuals in traffic court.
- Be cautious of signing any document that may be used as evidence of consent to jurisdiction.
- Look out for documents titled "Notice of Charges, Etc., And Preliminary Entry of Plea" and do not sign them.
- If coerced to sign, include the words "under duress" or "without prejudice" above your signature.
- Attend court to challenge jurisdiction, not to testify or plead to any charge.
- During arraignment, the judge assumes jurisdiction unless you object.
- You are not obligated to choose a plea; ask for clarification on the charges and the charging instrument.
- "Service" of papers from a government entity is an offer to contract, which can be refused.
- Special appearance is necessary to challenge jurisdiction; state it as the first thing in court.
- Traffic courts operate under the nisi prius rule, where objections must be made to avoid assumptions.
- Be cautious when using the refused for cause process, as its effectiveness is not well-documented.
- Challenge the twelve presumptions of law on the public record before sending anything to the court.
Asserting Your Rights: Quiz on Dealing with Courtroom Threats and Challenges
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