19 Questions
According to the text, what is the purpose of entering a judicial 'court of record' under common law?
To retain rights recognized by the Constitution
According to the text, what type of court administers traffic laws based on contract law?
Administrative court
Based on the text, why is it important to know the difference between a judicial court and an administrative court in the context of traffic violations?
To avoid entering a losing battle
According to the text, what must be done in order to remove personam jurisdiction from an administrative court?
Identify yourself as a natural man
What is the meaning of the term 'corpus delecti' as used in the text?
The body of a crime or an injured party
According to the text, why can a corporation not be the body of a crime or an injured party?
Because it is artificial and doesn't exist
What is the significance of identifying oneself as a natural man or woman in relation to the traffic code?
It places the burden of proof on the state or city municipality
According to the text, what happens if you do not follow the traffic codes?
You will be fined
In an administrative court, who has the burden of proof?
The defendant
What type of court deals only with fictions in law?
Administrative court
What must you do to challenge the jurisdiction of an administrative traffic court?
Provide evidence of a reservation of rights
According to the text, which statement best describes the right to travel in America?
The use of highways for travel and transportation is a common and fundamental right.
Which of the following is a common misperception about the requirement of a driver's license?
A driver's license is required for operating a private non-commercial conveyance on public roadways.
What is the purpose of the driver license application form?
To provide information to law enforcement agencies and insurance companies
Which of the following is a voluntary act according to the text?
Obtaining a driver license or ID card
According to the text, when is a driver's license required?
Only when engaging in commercial activities
What is the legal definition of a motor vehicle according to the U.S.C. Title 18, Section 31(a)(6)?
Any type of vehicle used for commercial purposes on highways
What does the term 'used for commercial purpose' mean according to the U.S.C. Title 18, Section 31(a)(10)?
Used in any undertaking intended for profit
How should one describe their car or automobile when involved with the law?
As a conveyance
Study Notes
Understanding the Choice of Law in Court Proceedings
- When going to court, individuals often have a choice of which system of law they want to be governed by.
- It is important to know how to insist upon one system of law and rebut the presumption of a contract in order to retain rights recognized by the Constitution.
- Traffic violations are typically brought before administrative courts, which administer law based on presumption and contract law.
- Administrative courts deal with legal fictions and not natural people.
- By reserving rights as a natural man or woman, individuals can challenge the court's jurisdiction and avoid administrative traffic courts.
- In order for a court to have jurisdiction, it needs subject matter jurisdiction and in personam jurisdiction.
- Properly rebutting the court's assumption and identifying oneself as a natural person can force the court to recuse its jurisdiction.
- The terminology used in courts has legal significance, and certain words may have different meanings in the legal system.
- It is important to understand the legal meaning of words used in court to avoid inadvertently admitting to something unintended.
- When identifying as a natural person, it is crucial to do so at the beginning of the court proceedings.
- In administrative courts, the state or city municipality must prove an injured party exists for a case to proceed.
- Understanding the natural right to travel and the context in which it is upheld can help individuals navigate traffic stops and court proceedings.
Test your knowledge on jurisdiction objections in administrative courts with this quiz. Learn about the importance of raising objections at the outset of a matter and how it can impact personam jurisdiction. Discover how to effectively remove jurisdiction and understand the role of the officer who issued a citation.
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