What Gives A Court Jurisdiction?

[palani]

Argument.

If there is an outstanding issue and resolution can't be made privately any court presented with a complaint can step in to settle the argument.

Your best defense? Be agreeable. Agree to anything. Do it conditionally.

When there is no issue there is no court in the world that is going to decide against you.

[palani]

Here is a history lesson. I'll keep it short to keep you from falling asleep.

Under common law a method of pleading was established known as common law pleading. This was a series of back and forth letters intending to isolate what was agreed to and what was not agreed to. The points not agreed to were taken to court for an arbitrator known as a judge to decide. The intention was to settle arguments.

This mode of pleading was on its' way out around 1850 and was replaced with a method called 'code pleading'. The statutes and codes were the source of violations ... very much opposed to common law which takes no cognizance of statutes or code. Code pleading requires you to actually read the code and that you have a duty to understand what you are reading {stand under that is}.

Code pleading was replaced with notice pleading around 1950. This was also around the time that law and equity merged into the same court and men and women roles and fashion (called UNISEX) starting changing. In notice pleading notice is everything. Facts don't matter. Just due process. Notice and opportunity to inquire are all that are necessary for due process. After due process is complete you head off to hearing where you get to proclaim you were not given due process or you can just ignore due process and let the judicial actor assign you a room in a gray bar hotel.

The fact is the system is bankrupt. The U.S. has arranged a uniform system of bankruptcy just like they were charged with and if you choose to participate you are part of the bankruptcy. It is a maze they have designed and if you think because ignorance got you in this condition that ignorance will help you get out my opinion is that you are sadly ruled by experience rather than by reason.

Have a nice caucus season!!!

[Twisted Titan]

When you show up.
showing up to court is your consent.


We can split hairs about the particulars

But your PHYSICAL presense in conjuction with their PHYSICAL muscle of gun totting courtroom goons is what gives court jurisdiction.

[palani]

showing up to court is your consent.
Yep. That and your willingness to contract. When the judge looks at you and says 'take off your hat' or 'take out that toothpick' and you do it rather than send him/her a counteroffer establishes the pecking order.

When they announce the name of the defendant and you choose to stand up you have no one to blame but yourself.

Study up on idem sonans. Just because it sounds like you doesn't make it so.