30 Questions
Which document may court officials hand out before the arraignment?
Notice of Charges, Etc., And Preliminary Entry of Plea
What does prima facie evidence mean in this context?
Evidence that is used to prove consent
What should you do if you have questions about a form handed to you?
Do not sign the form
What is your right of avoidance referred to as?
Right to avoid an unconscionable contract
What action must be taken if the officer cannot produce an original written contract?
The action must be dismissed
What should you refer to the state's 'case' as?
This matter
What can government officials and employees be charged with if they bypass your right of refusal?
Conspiracy against rights
What should you do if someone tries to coerce you to sign something?
Refuse to sign
What is the purpose of attending a private court setting?
To challenge jurisdiction
What happens if you enter a plea at an arraignment?
You waive your right to challenge jurisdiction
What should you do when your name is called in court?
Answer with your first middle name only
What is the FIRST THING that must come out of your mouth when facing a traffic court?
State that you are there by 'special appearance'
What does the term 'nisi prius' refer to in the context of courts?
A rule of procedure in courts
What is the purpose of recording the challenge to the twelve presumptions of law on the public record?
To switch the burden of proof to the plaintiff
What should you do if the judge asks a question not related to the refusal for cause or challenge to presumptions of law?
Remind the judge of your special appearance
What should you do if court officials hand you a document entitled 'Notice of Charges, Etc., And Preliminary Entry of Plea' before the arraignment?
Ask questions and refuse to sign the form
What is the purpose of the disclaimer sentence at the bottom of the form handed to you by court officials?
To inform you of your rights
What does the term 'prima facie evidence' mean in the context of the text?
Evidence that is presented on the face of it
What should you refer to the state's 'case' as?
A matter
What is the purpose of attending a private court setting?
To assert your rights
What happens if you enter a plea at an arraignment?
You admit jurisdiction
What can government officials and employees be charged with if they bypass your right of refusal?
Conspiracy against rights
What should you do if the judge asks you a question during the arraignment?
Remain silent and refer to your filed papers
What is the purpose of putting the words 'under duress' or 'without prejudice' above your signature?
To show that you were forced to sign
What is the risk of not completely understanding the procedure for refusing jurisdiction?
You may accidentally grant consent to jurisdiction
What is the purpose of filing your refusal for cause into the case while remaining 'outside' of the case?
To challenge jurisdiction
What should you say as the FIRST THING when facing a traffic court?
State that you are there by 'special appearance'
What is the purpose of recording the challenge to the twelve presumptions of law on the public record?
To challenge the jurisdiction of the court
What happens if you enter a plea at an arraignment?
You are acknowledging the court's jurisdiction
What is the purpose of attending a private court setting?
To challenge the jurisdiction of the court
Study Notes
Tips for Challenging Jurisdiction in Traffic Court
- Municipal courts are resorting to inventive ways to gain jurisdiction over individuals in traffic court.
- Be cautious of what you sign or attest to, as it can be used as evidence of consent to jurisdiction.
- Read everything carefully and know how to object and ask questions to avoid consenting to jurisdiction.
- Refuse to sign any document handed to you before the arraignment, especially if it does not have a disclaimer stating you can ask questions.
- If coerced to sign, write "under duress" or "without prejudice" above your signature.
- When attending court, focus on challenging jurisdiction and setting the record straight, not testifying or pleading to unsubstantiated charges.
- At an arraignment, the judge assumes jurisdiction unless you object.
- You do not have to choose any of the plea options (not guilty, guilty, or nolo contendre), as entering a plea opts you into their jurisdiction.
- Ask for the charging instrument if they insist on entering a plea.
- "Service" of papers from a government entity is an offer to contract, which you can refuse by returning the papers to the court.
- By appearing specially and challenging jurisdiction, you file into the case while remaining outside of it.
- Use a special appearance and refuse for cause to challenge jurisdiction at the beginning of the court proceedings.
Learn important tips for challenging jurisdiction in traffic court, including how to avoid consenting to jurisdiction, when to object, and what to do during an arraignment. Understand the significance of refusing to sign documents, objecting to assumptions of jurisdiction, and using special appearances to challenge jurisdiction in court.
Make Your Own Quizzes and Flashcards
Convert your notes into interactive study material.
Get started for free
