Podcast
Questions and Answers
Which document may court officials hand out before the arraignment?
Which document may court officials hand out before the arraignment?
- Notice of Court Procedures
- Notice of Charges, Etc., And Preliminary Entry of Plea (correct)
- Notice of Jurisdiction and Consent
- Notice of Traffic Violation
What does prima facie evidence mean in this context?
What does prima facie evidence mean in this context?
- Evidence that is used to prove consent (correct)
- Evidence that is presented before a magistrate
- Evidence that is used to prove fraud
- Evidence that is presented in court
What should you do if you have questions about a form handed to you?
What should you do if you have questions about a form handed to you?
- Consult with a lawyer
- Sign the form
- Ask the court officials for clarification
- Do not sign the form (correct)
What is your right of avoidance referred to as?
What is your right of avoidance referred to as?
What action must be taken if the officer cannot produce an original written contract?
What action must be taken if the officer cannot produce an original written contract?
What should you refer to the state's 'case' as?
What should you refer to the state's 'case' as?
What can government officials and employees be charged with if they bypass your right of refusal?
What can government officials and employees be charged with if they bypass your right of refusal?
What should you do if someone tries to coerce you to sign something?
What should you do if someone tries to coerce you to sign something?
What is the purpose of attending a private court setting?
What is the purpose of attending a private court setting?
What happens if you enter a plea at an arraignment?
What happens if you enter a plea at an arraignment?
What should you do when your name is called in court?
What should you do when your name is called in court?
What is the FIRST THING that must come out of your mouth when facing a traffic court?
What is the FIRST THING that must come out of your mouth when facing a traffic court?
What does the term 'nisi prius' refer to in the context of courts?
What does the term 'nisi prius' refer to in the context of courts?
What is the purpose of recording the challenge to the twelve presumptions of law on the public record?
What is the purpose of recording the challenge to the twelve presumptions of law on the public record?
What should you do if the judge asks a question not related to the refusal for cause or challenge to presumptions of law?
What should you do if the judge asks a question not related to the refusal for cause or challenge to presumptions of law?
What should you do if court officials hand you a document entitled 'Notice of Charges, Etc., And Preliminary Entry of Plea' before the arraignment?
What should you do if court officials hand you a document entitled 'Notice of Charges, Etc., And Preliminary Entry of Plea' before the arraignment?
What is the purpose of the disclaimer sentence at the bottom of the form handed to you by court officials?
What is the purpose of the disclaimer sentence at the bottom of the form handed to you by court officials?
What does the term 'prima facie evidence' mean in the context of the text?
What does the term 'prima facie evidence' mean in the context of the text?
What should you refer to the state's 'case' as?
What should you refer to the state's 'case' as?
What is the purpose of attending a private court setting?
What is the purpose of attending a private court setting?
What happens if you enter a plea at an arraignment?
What happens if you enter a plea at an arraignment?
What can government officials and employees be charged with if they bypass your right of refusal?
What can government officials and employees be charged with if they bypass your right of refusal?
What should you do if the judge asks you a question during the arraignment?
What should you do if the judge asks you a question during the arraignment?
What is the purpose of putting the words 'under duress' or 'without prejudice' above your signature?
What is the purpose of putting the words 'under duress' or 'without prejudice' above your signature?
What is the risk of not completely understanding the procedure for refusing jurisdiction?
What is the risk of not completely understanding the procedure for refusing jurisdiction?
What is the purpose of filing your refusal for cause into the case while remaining 'outside' of the case?
What is the purpose of filing your refusal for cause into the case while remaining 'outside' of the case?
What should you say as the FIRST THING when facing a traffic court?
What should you say as the FIRST THING when facing a traffic court?
What is the purpose of recording the challenge to the twelve presumptions of law on the public record?
What is the purpose of recording the challenge to the twelve presumptions of law on the public record?
What happens if you enter a plea at an arraignment?
What happens if you enter a plea at an arraignment?
What is the purpose of attending a private court setting?
What is the purpose of attending a private court setting?
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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.
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