1) The document asserts that the court lacks personal jurisdiction over the plaintiff because it is a nisi prius court, not a court of record, and the plaintiff objects to the proceedings.
2) The plaintiff argues that driving a motor vehicle is an unalienable right, not a licensed privilege, and was not engaged in commercial activity at the time of the alleged infraction.
3) The plaintiff responds under threat that their commercial license may be suspended due to an unlawful summons, but was not engaged in commercial activity requiring such a license when the summons was issued.
1) The document asserts that the court lacks personal jurisdiction over the plaintiff because it is a nisi prius court, not a court of record, and the plaintiff objects to the proceedings.
2) The plaintiff argues that driving a motor vehicle is an unalienable right, not a licensed privilege, and was not engaged in commercial activity at the time of the alleged infraction.
3) The plaintiff responds under threat that their commercial license may be suspended due to an unlawful summons, but was not engaged in commercial activity requiring such a license when the summons was issued.
1) The document asserts that the court lacks personal jurisdiction over the plaintiff because it is a nisi prius court, not a court of record, and the plaintiff objects to the proceedings.
2) The plaintiff argues that driving a motor vehicle is an unalienable right, not a licensed privilege, and was not engaged in commercial activity at the time of the alleged infraction.
3) The plaintiff responds under threat that their commercial license may be suspended due to an unlawful summons, but was not engaged in commercial activity requiring such a license when the summons was issued.
1) The document asserts that the court lacks personal jurisdiction over the plaintiff because it is a nisi prius court, not a court of record, and the plaintiff objects to the proceedings.
2) The plaintiff argues that driving a motor vehicle is an unalienable right, not a licensed privilege, and was not engaged in commercial activity at the time of the alleged infraction.
3) The plaintiff responds under threat that their commercial license may be suspended due to an unlawful summons, but was not engaged in commercial activity requiring such a license when the summons was issued.
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The key takeaways are that there is a difference between a court of record and a nisi prius court, and that jurisdiction must be established for a court to have authority. A court of record has more authority than a nisi prius court.
A court of record has inherent authority and its decisions can only be challenged through a higher court, while a nisi prius court only has authority if parties do not object to its proceedings.
Some of the principles of jurisdiction discussed are that jurisdiction must be proven, personal jurisdiction over an individual must be established, and a court acting without jurisdiction has no authority other than to dismiss the case.
JURISDICTION BARRED COURT OF RECORD -A- COURT NOT OF RECORD PAGE 1 OF 6
YOUR TOWN/CITY/VILLAGE/COUNTY COURT,
A fictitious foreign corporate entity, an ens legis 1 being used to conceal fraud,
Your Name; Tkt. # 123456789 Plaintiff Magistrate_____________________ 5
- against - VERIFIED ACTION Police officer [shield 2025]; Complainer JURISDICTION IS BARRED 10
COURT LACKS PERSONAL JURISDICTION I, Your Name, one of the people 2 of Your State, hereinafter plaintiff accepts the oaths 3 , and bonds of all the officers of this court and by the opening of plaintiffs court of record moves this 15 nisi prius 4 court to quash for lack of authority 5 of personal jurisdiction 6 , considering that this
1 ENS LEGIS. L. Lat. [Blacks 4th] A creature of the law; an artificial being, as contrasted with a natural person. Applied to corporations, considered as deriving their existence entirely from the law. 2 PEOPLE. People are supreme, not the state. [Waring vs. the Mayor of Savanah, 60 Georgiaat 93]; The state cannot diminish rights of the people. [Hertado v. California, 100 US 516]; Preamble to the US and NY Constitutions - We the people ... do ordain and establish this Constitution...; ...at the Revolution, the sovereignty devolved on the people; and they are truly the sovereigns of the country, but they are sovereigns without subjects...with none to govern but themselves... [CHISHOLM v. GEORGIA (US) 2 Dall 419, 454, 1 L Ed 440, 455, 2 DALL (1793) pp471-472]: The people of this State, as the successors of its former sovereign, are entitled to all the rights which formerly belonged to the King by his prerogative. [Lansing v. Smith, 4 Wend. 9 (N.Y.) (1829), 21 Am. Dec. 89 10C Const. Law Sec. 298; 18 C Em.Dom. Sec. 3, 228; 37 C Nav.Wat. Sec. 219; Nuls Sec. 167; 48 C Wharves Sec. 3, 7.] * CONSTITUTION FOR THE UNITED STATES OF AMERICA: We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America. * STATE OF NEW YORK CONSTITUTION: We, the People of the State of New York, grateful to Almighty God for our freedom, in order to secure and perpetuate its blessings, do establish this Constitution.Both constitutions (and the constitution of any real republic) the operative word is "establish." The People existed in their own individual sovereignty before the constitution was enabled. When the People "establish" a constitution, there is nothing in the word "establish" that signifies that they have yielded any of their sovereignty to the agency they have created. To interpret otherwise would convert the republic into a democracy (Republic vs. Democracy;).
3 Oaths: Article VI: "This Constitution, and the laws of the United States... shall be the supreme law of the land; and the judges in every State shall be bound thereby; anything in the Constitution or laws of any State to the contrary notwithstanding... All executive and judicial officers, both of the United States and of the several States, shall be bound by oath or affirmation to support this Constitution." 4 NISI PRIUS. (Bouvier's Law, 1856 Edition) Where courts bearing this name exist in the United States, they are instituted by statutory provision. Black's Law Dictionary, 5 th - "Prius" means "first." "Nisi" means "unless." A "nisi prius" procedure is a procedure to which a party FIRST agrees UNLESS he objects. A rule of procedure in courts is that if a party fails to object to something, then it means he agrees to it. A nisi procedure is a procedure to which a person has failed to object A "nisi prius court" is a court which will proceed unless a party objects. The agreement to proceed is obtained from the parties first. 5 AUTHORITY. [Black's Law 4th edition, 1891] Permission. [People v. Howard, 31 Cal.App. 358, 160 P. 697, 701]. Control over, jurisdiction. [State v. Home Brewing Co. of Indian-apolis, 182 Ind. 75, 105 N.E. 909, 916]. JURISDICTION BARRED COURT OF RECORD -A- COURT NOT OF RECORD PAGE 2 OF 6
courts' jurisdiction is barred 7 because this is a nisi prius court, not a court of record 8 , which will proceed unless a party objects, plaintiff objects to these proceedings and proceeds obsta principiis 9 , thereby this court is barred jurisdiction. "It may be that it is the obnoxious thing in its mildest form; but illegitimate and 20 unconstitutional practices get their first footing in that way; namely, by silent approaches and slight deviations from legal modes of procedure. This can only be obviated by adhering to the rule that constitutional provisions for the security of persons and property should be liberally construed. A close and literal construction deprives them of half their efficacy, and leads to gradual 25 depreciation of the right, as if it consisted more in sound than in substance. It is the duty of the Courts to be watchful for the Constitutional Rights of the Citizens, and against any stealthy encroachments thereon. Their motto should be Obsta Principiis." Boyd v. United, 116 U.S. 616 at 635 (1885) This court is NOT to construed this paper as an appearance 10 or plea, but in fact as a denial of 30 jurisdiction, a denial of consent, and a demand to restore counter plaintiff to his former state by releasing plaintiff from this unlawful constructive custody immediately; plaintiff speaks from his court of record, see Memorandum of Law and Jurisdiction incorporated by reference as though fully stated herein (attached).
6 JURISDICTION. [Bouvier's Law, 1856 Edition] A power constitutionally conferred upon a judge or magistrate, to take cognizance of, and decide causes according to law, and to carry his sentence into execution. [6 Pet. 591; 9John. 239]. "Jurisdiction over a defendant requires both personal and subject matter jurisdiction." [Boles v. State, 717 So.2d 877 (1998)] 7 BARRED. Obstructed by a bar; subject to hindrance or obstruction by a bar or barrier which, if interposed, will prevent legal redress or recovery; as, when it is said that a claim or cause of action is "barred by the statute of limitations." Wilson v. Knox County, 132 Mo. 387, 34 S.W. 45, 477. 8 COURT OF RECORD proceeds according to the course of common law [Jones v. Jones, 188 Mo.App. 220, 175 S.W. 227, 229; Ex parte Gladhill, 8 Metc. Mass., 171, per Shaw, C.J. See, also, Ledwith v. Rosalsky, 244 N.Y. 406, 155 N.E. 688, 689][Black's Law Dictionary, 4th Ed., 425, 426] 9 OBSTA PRINCIPIIS. Lat. Withstand begin-nings; resist the first approaches or encroach-ments. Bradley, J., Boyd v. U. S., 116 U.S. 635, 6 Sup.Ct. 535, 29 L.Ed. 746. 10 APPEARANCE. ...through appearance you have agreed to all the terms and condition of the presumptive due process hearing, which is nothing more than an administrative procedure. Nothing can change the fact that youre already guilty by reason of appearance. ..., Where the very act of pleading to it [an indictment] admitted its genuineness as a record. Frisbie v. United States, 157, U.S. 160, 165 (1894) THE ACT OF APPEARANCE. JURISDICTION BARRED COURT OF RECORD -A- COURT NOT OF RECORD PAGE 3 OF 6
Plaintiff is responding to this court, through his court and by special appearance 11 , under the 35 threat to suspend plaintiffs commercial license to drive a motor vehicle due to an unlawful summons given to plaintiff by Police Officer, hereinafter complainer, acting under color of law, while traveling 12 , in a non commercial automobile, which is an unalienable right 13 that cannot be licensed. No state may convert a secured liberty into a privilege. - Murdock v Pennsylvania 40 An "appearance ticket is not accusatory instrument and its filing does not confer jurisdiction over defendant." People v. Gabbay, 670 N.Y.S.2d 962, 175 Misc.2d 421 678 N.Y.S.2d 26,92 N.Y.2d 879, 700 N.E.2d 564 (1997). Plaintiff was not engaged in commercial trade at the time of the alleged infraction, and only produced said license upon the unconstitutional detention and DEMAND of the complainer, 45 therefore the complainer has mistakenly filed a false claim. "'Motor vehicle' means every description of carriage or other contrivance propelled or drawn by mechanical power and used for commercial purposes on the highways in the transportation of passengers, passengers and property, or property or cargo;" (emph. added) -U.S.C. Title 18 sec. 31 50 Plaintiff has learned by experience not to resist demands from a corporate police officer because they are unlearned in the Law of the Land and have been unlawfully instructed by superiors that statutes apply to People, corrections to such an officer only seems to escalate their harassment upon the people while being unlawfully detained. It is for this reason plaintiff possess a drivers license under duress to prevent harassment and police brutality while traveling. If this municipal 55
11 SPECIAL APPEARANCE is for the purpose of testing the sufficiency of service or the jurisdiction of the court; a general appearance is made where the defendant waives defects of service and submits to the jurisdiction. State v. Huller, 23 N.M. 306, 168 P. 528, 534, 1 A.L.R. 170. 12 "The right to travel on the public highways is a constitutional right." -Teche Lines v. Danforth, Miss. 12 So 2d 784, 787. 13 "Operation of a motor vehicle upon public streets and highways is not a mere privilege but is a right or liberty protected by the guarantees of Federal and State constitutions." -Adams v. City of Pocatello 416 P2d 46 JURISDICTION BARRED COURT OF RECORD -A- COURT NOT OF RECORD PAGE 4 OF 6
court proceeds, unlawfully, this court, complainer, and all officers of this court are subject to collateral attack 14 by plaintiffs court of record. This court proceeds according to summary proceedings 15 and statutes, which are both barred by the Law of the Land, therefore the plaintiff will not make a personal appearance the day of the trial and thereby has denied consent 16 to the Jurisdiction 17 of this statutory court 18 , therefore no 60 sanction can be imposed 19 , and this court ordered to dismiss this case 20 and notify the defendant of the same immediately. Ignorance of the law by the officers of this nisi prius court will have consequences. Plaintiff has unalienable rights protected under the Bill of rights, which the officers of this court took an oath to protect, since this court operates under corporate charter the officers of this court 65 would be acting outside their jurisdiction without the consent of the plaintiff and thereby under color of law and in violation of counter plaintiffs unalienable rights. Common law is preserved under the Supremacy Clause that reads: This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the 70
14 The decisions of a superior court may only be challenged in a court of appeal. The decisions of an inferior court are subject to collateral attack. In other words, in a superior court one may sue an inferior court directly, rather than resort to appeal to an appellate court. Decision of a court of record may not be appealed. It is binding on ALL other courts. SCHNECKLOTH v. BUSTAMONTE, 412 U.S. 218, 255 (1973). 15 SUMMARY PROCEEDING. Any proceeding by which a controversy is settled, case disposed of, or trial conducted, in a prompt and simple manner, without the aid of a jury, without presentment or indictment, or in other respects out of the regular course of the common law. In procedure, proceedings are said to be summary 'when they are short and simple in comparison with regular proceedings; e., in comparison with the proceedings which alone would have been applicable, either in the same or analogous cases, if summary proceedings had not been available. Sweet. Blacks Law 4th, and see Phillips v. Phillips, 8 N.J.L. 122. 16 "There, every man is independent of all laws, except those prescribed by nature. He is not bound by any institutions formed by his fellowman without his consent." Cruden v. Neale, 2 N.C. 338 (1796) 2 S.E. 17 JURISDICTION "The law requires proof of jurisdiction to appear on the record of the administrative agency and all administrative proceedings" Hagans v. Lavine, 415 U.S. 528; "Court must prove on the record, all jurisdiction facts related to the jurisdiction asserted." Lantanav. Hopper, 102 F2d 188; Chicagov. New York, 37 F Supp 150. 18 "Trial court acts without jurisdiction when it acts without inherent or common law authority, ..." State v. Rodriguez, 725 A.2d 635, 125 Md.App 428, cert den 731 A.2d 971,354 Md. 573 (1999). 19 "No sanction can be imposed absent proof of jurisdiction" Stanard v. Olesen, 74 S. Ct.768. 20 Where the court is without jurisdiction, it has no authority to do anything other than to dismiss the case." Fontenot v. State, 932 S.w.2d 185. JURISDICTION BARRED COURT OF RECORD -A- COURT NOT OF RECORD PAGE 5 OF 6
authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding. U.S. Constitution Article VI The judgment of a court of record whose jurisdiction is final, is as conclusive on all the world as the judgment of this court would be. It is as conclusive on this 75 court as it is on other courts. It puts an end to inquiry concerning the fact, by deciding it. Inferior courts are those whose jurisdiction is limited and special and whose proceedings are not according to the course of the common law. Criminal courts proceed according to statutory law. Jurisdiction and procedure is defined by statute. Likewise, civil courts and admiralty courts proceed according to 80 statutory law. Any court proceeding according to statutory law is not a court of record which only proceeds according to common law; it is an inferior court. Ex parte Watkins, 3 Pet., at 202-203. cited by SCHNECKLOTH v. BUSTAMONTE, 412 U.S. 218, 255 (1973). Due course of law, this phrase is synonymous with "due process of law" or "law 85 of the land" and means law in its regular course of administration through courts of justice. Kansas Pac. Ry. Co. v. Dunmeyer 19 KAN 542.
WHEREFORE plaintiff moves this court to quash for lack of personal jurisdiction. 90
_______________________________________ 21
Your Name
95
21 Allegations in affidavit in support of motion must be considered as true in absence of counter- affidavit. -- Group v Finletter, 108 F. Supp. 327 Federal case of Group v Finletter, 108 F. Supp. 327 JURISDICTION BARRED COURT OF RECORD -A- COURT NOT OF RECORD PAGE 6 OF 6
NOTARY 100 New York State, Dutchess County on this _______________ day of the ____________________ month of 2014 before me ___________________________, the subscriber, personally appeared John Vidurek to me known to be the living man describe in and who executed the forgoing instrument and sworn before me that he executed the same as his free will act and deed. My commission expires: _______ _________________________________________ Notary 105 (Notary Seal)