ExpertLaw.com Forums

How Can Judges and Courts Do It

Printable View

Show 40 post(s) from this thread on one page
Page 1 of 2 1 2 Next LastLast
  • 12-09-2016, 11:38 AM
    larbec
    How Can Judges and Courts Do It
    My question involves court procedures for the state of: Texas

    How can any Judge or Prosecuting attorney put anyone on trial or hear a case "without" their consent knowing that they do not have jurisdiction in the first place? The courts and all the officials operate off of Maritime and Admiralty Law NOT common Law. Well, we are not in Britain or in the middle of the sea nor in a Military setting so will someone , anyone please explain what gives them the right to order us to do anything? Look at he flags, they are trimmed in Gold. The most important one from a constitutional perspective is the claim that that flag with fringe is a flag that indicates admiralty law is in effect wherever that flag is displayed, such as in a court room. I won't get into the all CAPS STRAWMAN name unless we need to and it has its place in the law to but its definitely not in civil hearing only in a Commerce hearing

    Basically the courts have no Jurisdiction over us at all. I am not asking as a joke or to get out of any trouble. I have no record nor do i want one but I am fed up with how this country is going and how we lost OUR power and how THEY think they have power over us and it should be the other way around. Now, I am not saying if you have committed murder (which is a crime) you should not be in court but for traffic violations and other frivolous charges ..... PLEASE give e a break

    Your all thoughts please from a "Lawful" perspective
  • 12-09-2016, 11:53 AM
    free9man
    Re: How Can Judges and Courts Do It
    I'll let one of our other members break down the legalities of it as they are far more patient with the lunatic fringe than most of us.

    Short version: This is bullcrap and the courts have consistently said it is bullcrap.
  • 12-09-2016, 11:55 AM
    llworking
    Re: How Can Judges and Courts Do It
    Quote:

    Quoting larbec
    View Post
    My question involves court procedures for the state of: Texas

    How can any Judge or Prosecuting attorney put anyone on trial or hear a case "without" their consent knowing that they do not have jurisdiction in the first place? The courts and all the officials operate off of Maritime and Admiralty Law NOT common Law. Well, we are not in Britain or in the middle of the sea nor in a Military setting so will someone , anyone please explain what gives them the right to order us to do anything? Look at he flags, they are trimmed in Gold. The most important one from a constitutional perspective is the claim that that flag with fringe is a flag that indicates admiralty law is in effect wherever that flag is displayed, such as in a court room. I won't get into the all CAPS STRAWMAN name unless we need to and it has its place in the law to but its definitely not in civil hearing only in a Commerce hearing

    Basically the courts have no Jurisdiction over us at all. I am not asking as a joke or to get out of any trouble. I have no record nor do i want one but I am fed up with how this country is going and how we lost OUR power and how THEY think they have power over us and it should be the other way around. Now, I am not saying if you have committed murder (which is a crime) you should not be in court but for traffic violations and other frivolous charges ..... PLEASE give e a break

    Your all thoughts please from a "Lawful" perspective

    I am sorry, but none of that made any sense. Where did you get the idea that courts in the US operate off Maritime and Admiralty Law? Courts in the United States operate off either US federal law or State law. Now, many state's laws are have a basic foundation in English Common Law...in other words, their structure is based on English Common Law, and a few state's laws have a basic foundation in the Napoleonic Code (Louisiana in particular) but neither of those are Maritime and Admiralty Law...and they are only a basic structure.

    Also, where did you get the idea that the fact that a flag with fringe being displayed indicates that admiralty law is in effect anywhere its displayed?
  • 12-09-2016, 11:56 AM
    Dogmatique
    Re: How Can Judges and Courts Do It
    Quote:

    Quoting free9man
    View Post
    I'll let one of our other members break down the legalities of it as they are far more patient with the lunatic fringe than most of us.

    Short version: This is bullcrap and the courts have consistently said it is bullcrap.

    Co-signed.
  • 12-09-2016, 12:13 PM
    free9man
    Re: How Can Judges and Courts Do It
    Quote:

    Quoting llworking
    View Post
    I am sorry, but none of that made any sense. Where did you get the idea that courts in the US operate off Maritime and Admiralty Law? Courts in the United States operate off either US federal law or State law. Now, many state's laws are have a basic foundation in English Common Law...in other words, their structure is based on English Common Law, and a few state's laws have a basic foundation in the Napoleonic Code (Louisiana in particular) but neither of those are Maritime and Admiralty Law...and they are only a basic structure.

    Also, where did you get the idea that the fact that a flag with fringe being displayed indicates that admiralty law is in effect anywhere its displayed?

    Welcome to the wild and wacky world of the Freemen and/or Sovereign Citizens. Had I only known what my username was associated with when I randomly chose it, I would have chosen better. To quote the old knight...I chose poorly.
  • 12-09-2016, 12:18 PM
    Taxing Matters
    Re: How Can Judges and Courts Do It
    First, let’s dispense with the notion that how the flag is displayed in any courtroom has any meaning. It doesn’t. There is nothing anywhere in U.S. law that says jurisdiction of any court turns on how the flag is displayed in that courtroom. Indeed, no law requires that a courtroom even have a flag in it. So whether a flag has gold fringe or not is absolutely meaningless to court jurisdiction.

    Second, nothing in the U.S. or state Constitutions limits the authority of all the courts to maritime and admiralty law. While that is a popular idea floating around on fringe web sites, it has absolutely no legal support to it. What those fringe web sites do is twist the law to reach the result they want. The U.S. Constitution gives federal courts the power to hear cases in admiralty, but the mistake of the fringe sites is thinking that the jurisdiction of the courts is limited to just that. The Constitution itself tells you that federal courts may hear a lot more than just admiralty cases. State constitutions set the authority for state courts, and not a single state court limits the jurisdiction of their courts to admiralty law either. Federal and state statutes set out the specific details of the jurisdiction of each court created by Congress or the state legislature, and it is those statutes that give the courts their authority to hear cases. And those statutes let those courts hear the cases they do. Their jurisdiction is far more than just admiralty and maritime law. Anyone making the argument that the courts are so limited has never actually read the Constitutions and statutes that define the jurisdiction of the courts and just spouting nonsense read from some alt web site or book. For this reason, if you raise that argument in court, the judge will laugh in his/her chambers while writing the opinion to dismiss the argument as frivolous. And the argument is frivolous. It’s really bad and shows that the person making it is clueless on the law.

    Let’s take your state of Texas as an example. The District Courts are the general jurisdiction courts of the state, meaning they have the power to hear any kind of matter. This is clearly set out in the Texas Constitution, Article 5, Section 8, which states:

    Sec. 8. JURISDICTION OF DISTRICT COURT. District Court jurisdiction consists of exclusive, appellate, and original jurisdiction of all actions, proceedings, and remedies, except in cases where exclusive, appellate, or original jurisdiction may be conferred by this Constitution or other law on some other court, tribunal, or administrative body. District Court judges shall have the power to issue writs necessary to enforce their jurisdiction.

    The District Court shall have appellate jurisdiction and general supervisory control over the County Commissioners Court, with such exceptions and under such regulations as may be prescribed by law.
    (Bolding added.)

    As you can see from the text I put in bold, the district courts have authority over ALL actions, not just those in admiralty and maritime law. All state felony prosecutions are brought in the district courts and those courts clearly have the jurisdiction to hear those cases by virtue of that section of the state Constitution. Other state courts have more limited jurisdiction as set out in the state Constitution or state statutes, but no Texas court is limited to just admiralty and maritime law.
  • 12-09-2016, 12:25 PM
    free9man
    Re: How Can Judges and Courts Do It
    Ah, there's our patient forum member now. Welcome to the party Taxing!
  • 12-09-2016, 12:31 PM
    Dogmatique
    Re: How Can Judges and Courts Do It
    Quote:

    Quoting Taxing Matters
    View Post
    First, let’s dispense with the notion that how the flag is displayed in any courtroom has any meaning. It doesn’t. There is nothing anywhere in U.S. law that says jurisdiction of any court turns on how the flag is displayed in that courtroom. Indeed, no law requires that a courtroom even have a flag in it. So whether a flag has gold fringe or not is absolutely meaningless to court jurisdiction.

    Second, nothing in the U.S. or state Constitutions limits the authority of all the courts to maritime and admiralty law. While that is a popular idea floating around on fringe web sites, it has absolutely no legal support to it. What those fringe web sites do is twist the law to reach the result they want. The U.S. Constitution gives federal courts the power to hear cases in admiralty, but the mistake of the fringe sites is think that the jurisdiction of the courts is limited to just that. The Constitution itself tells you that federal courts may hear a lot more than just admiralty cases. State constitutions set the authority for state courts, and not a single state court limits the jurisdiction of their courts to admiralty law either. Federal and state statutes set out the specific details of the jurisdiction of each court created by Congress or the state legislature, and it is those statutes that give the courts their authority to hear cases. And those statutes let those courts hear the cases they do. Their jurisdiction is far more than just admiralty and maritime law. Anyone making the argument that the courts are so limited has never actually read the Constitutions and statutes that define the jurisdiction of the courts and just spouting nonsense read from some alt web site or book. For this reason, if you raise that argument in court, the judge will laugh in his/her chambers while writing the opinion to dismiss the argument as frivolous. And the argument is frivolous. It’s really bad and shows that the person making it is clueless on the law.

    Let’s take your state of Texas as an example. The District Courts are the general jurisdiction courts of the state, meaning they have the power to hear any kind of matter. This is clearly set out in the Texas Constitution, Article 5, Section 8, which states:

    Sec. 8. JURISDICTION OF DISTRICT COURT. District Court jurisdiction consists of exclusive, appellate, and original jurisdiction of all actions, proceedings, and remedies, except in cases where exclusive, appellate, or original jurisdiction may be conferred by this Constitution or other law on some other court, tribunal, or administrative body. District Court judges shall have the power to issue writs necessary to enforce their jurisdiction.

    The District Court shall have appellate jurisdiction and general supervisory control over the County Commissioners Court, with such exceptions and under such regulations as may be prescribed by law.
    (Bolding added.)

    As you can see from the text I put in bold, the district courts have authority over ALL actions, not just those in admiralty and maritime law. All state felony prosecutions are brought in the district courts and those courts clearly have the jurisdiction to hear those cases by virtue of that section of the state Constitution. Other state courts have more limited jurisdiction as set out in the state Constitution or state statutes, but no Texas court is limited to just admiralty and maritime law.

    God bless you, Taxing.

    (And I do mean that sincerely - no snark)
  • 12-09-2016, 12:45 PM
    larbec
    Re: How Can Judges and Courts Do It
    well again free9man, PROVE TO ME that it is all BC
  • 12-09-2016, 12:47 PM
    llworking
    Re: How Can Judges and Courts Do It
    Quote:

    Quoting larbec
    View Post
    well again free9man, PROVE TO ME that it is all BC

    TaxingMatters just did so.
Show 40 post(s) from this thread on one page
Page 1 of 2 1 2 Next LastLast
All times are GMT -7. The time now is 09:47 AM.
Powered by vBulletin® Version 4.2.4
Copyright © 2023 vBulletin Solutions, Inc. All rights reserved.
Copyright © 2004 - 2018 ExpertLaw.com, All Rights Reserved