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  1. #81
    Join Date
    Jan 2020
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    106

    Default Re: Is Driving a Privilege or a Right

    Quote Quoting RJR
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    However, since you think I'm a law/legal dunce, I'll leave it to the others to not convince you, later.

    Oh, by the way, did you know you are a Corporation, not a person. Flawed legal logic like yours.

    https://www.city-data.com/forum/poli...rporation.html
    Leave it to others because you can't disprove my facts.

    Do you know what making an appearance propria persona is? You're only a corporation if you appear in court as one.

    And again, the people are sovereign per Yick Wo v. Hopkins, and others, but the laws still applies.

    https://supreme.justia.com/cases/federal/us/118/356/

  2. #82
    Join Date
    Oct 2006
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    16,389

    Default Re: Is Driving a Privilege or a Right

    Quote Quoting Edward333
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    Leave it to others because you can't disprove my facts.

    Do you know what making an appearance propria persona is? You're only a corporation if you appear in court as one.

    And again, the people are sovereign per Yick Wo v. Hopkins, and others, but the laws still applies.

    https://supreme.justia.com/cases/federal/us/118/356/
    GAWD...how absurd you are.

  3. #83
    Join Date
    Nov 2013
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    7,002

    Default Re: Is Driving a Privilege or a Right

    Quote Quoting Edward333
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    Leave it to others because you can't disprove my facts.

    Do you know what making an appearance propria persona is? You're only a corporation if you appear in court as one.

    And again, the people are sovereign per Yick Wo v. Hopkins, and others, but the laws still applies.

    https://supreme.justia.com/cases/federal/us/118/356/
    I hope you're not hanging your hat on the case you linked to make the argument that an individual person is the sovereign.

    When we consider the nature and the theory of our institutions of government, the principles upon which they are supposed 370*370 to rest, and review the history of their development, we are constrained to conclude that they do not mean to leave room for the play and action of purely personal and arbitrary power. Sovereignty itself is, of course, not subject to law, for it is the author and source of law; but in our system, while sovereign powers are delegated to the agencies of government, sovereignty itself remains with the people, by whom and for whom all government exists and acts. And the law is the definition and limitation of power.
    The use of the word people is used as a collective. Not an individual.

    This quote is dictum not law that is:

    A remark, statement, or observation of a judge that is not a necessary part of the legal reasoning needed to reach the decision in a case. Although dictum may be cited in a legal argument, it is not binding as legal precedent, meaning that other courts are not required to accept it.
    Bolding was added.

  4. #84
    Join Date
    Feb 2020
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    620

    Default Re: Is Driving a Privilege or a Right

    Quote Quoting Highwayman
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    Well, there were always mods around to delete my posts for no reason.
    You are right! That Mod (singular) would do things on this forum that were far, far less than ethical (but my guess is that he was a lawyer, so go figure). He would edit and delete posts just to shape a thread to his liking. He would edit a person's post to make then look stupid. He would ban new posters just for asking a question or for not holding his clique in the highest regard...which is why there are numerous negative comments about him and his minions on site-rating websites.

    He's also the guy that created the pro-prosecution EL clique that now reside here trying to collectively quash any real defense based advice. It's no wonder why a few miss their enabler-in-cheif.

  5. #85
    Join Date
    Jul 2016
    Location
    Paso Robles, California
    Posts
    540

    Default Re: Is Driving a Privilege or a Right

    Quote Quoting Edward333
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    You're only a corporation if you appear in court as one.
    Again, flawed logic; you need to choose your words more carefully. You NEVER appear in court as a corporation; you appear as a REPRESENTATIVE of the corporation.
    *****
    I may not always be right, but I am never wrong.

  6. #86
    Join Date
    Jan 2020
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    106

    Default Re: Is Driving a Privilege or a Right

    Quote Quoting Jim Kozlovich
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    Again, flawed logic; you need to choose your words more carefully. You NEVER appear in court as a corporation; you appear as a REPRESENTATIVE of the corporation.
    Perhaps I should have said a corporate authority, which is somewhat different from a representative, like a lawyer.

    Quote Quoting budwad
    View Post
    I hope you're not hanging your hat on the case you linked to make the argument that an individual person is the sovereign.



    The use of the word people is used as a collective. Not an individual.

    This quote is dictum not law that is:

    Bolding was added.
    Each individual is sovereign. You can do as you please unless it affects someone else's rights. That's the very definition of liberty even before the Magna Carta.

    The main subject of this thread is if Tennessee has the authority to tax, as a privilege, the personal non-commercial use of an automobile when privilege is defined as business or occupation per rulings and even in TCA definitions. Also add that authority was giving to license commercial but not otherwise in TCA. If you can't address those issues, your reply is irrelevant.

  7. #87
    Join Date
    Jul 2016
    Location
    Paso Robles, California
    Posts
    540

    Default Re: Is Driving a Privilege or a Right

    Do you have a drivers license?
    *****
    I may not always be right, but I am never wrong.

  8. #88
    Join Date
    Jan 2020
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    106

    Default Re: Is Driving a Privilege or a Right

    Quote Quoting Jim Kozlovich
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    Do you have a drivers license?
    Nope. Not since the late 90's. A "driver's" license is only required for "passenger" cars. Both commercial terms.

    I have a screen shot and saved a PDF of their website which says "A license is needed for the operation of passenger cars". Nowhere is non passenger use mentioned.


    Passenger. In general, a passenger is one who gives compensation for a ride. Shapiro v. Bookspan, 155 Cal.App.2d 353, 318 P.2d 123, 126. The word passen ger has however various meanings, depending upon the circumstances under which and the context in which the word is used; sometimes it is construed in a restricted legal sense as referring to one who is being carried by another for hire; on other occasions, the word is interpreted as meaning any occupant of a vehicle other than the person operating it. American Mercury Ins. Co. v. Bifulco, 74 N.J. Super. 191, 181 A.2d 20, 22. The essential elements of "passenger" as opposed to "guest" under guest statute are that driver must receive some benefit sufficiently real, tangible, and substantial to serve as the inducing cause of the transportation so as to completely overshadow mere hospitality or friendship; it may be easier to find compensation where the trip has commercial or busi ness flavor. Friedhoff v. Engberg, 82 S.D. 522, 149 N.W.2d 759, 761, 762, 763. A person whom a common carrier has contracted to carry from one place to another, and has, in the course of the performance of that contract, received under his care either upon the means of conveyance, or at the point of departure of that means of convey ance.

  9. #89
    Join Date
    Jul 2010
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    7,943

    Default Re: Is Driving a Privilege or a Right

    More sovereign citizen claptrap that has been shut down by courts across the land. I hope you have fun in jail.
    I am the Mouse Man

  10. #90
    Join Date
    Jan 2020
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    106

    Default Re: Is Driving a Privilege or a Right

    Quote Quoting free9man
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    More sovereign citizen claptrap that has been shut down by courts across the land. I hope you have fun in jail.
    If you can't debate or disprove my facts, just say so.
    The fact are : 1) Privilege is defined as business or occupation per TN constitution and TN Supreme Court rulings, so the privilege tax on registration can only be on commercial vehicles. 2) Black's Law dictionary and TCA confirm it's commercial. 3) TCA only gives authority to license commercial use.
    I'm not making an argument based on sovereignty. My argument is based on legal definitions and rulings. Try to defeat any of the above, and then I might consider your argument valid.

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