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Going to Court

Going to Court

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Published by AndyJackson
Not legal advice, Common Law, Sovereignty, Court proceedure, self-empowerment,
Not legal advice, Common Law, Sovereignty, Court proceedure, self-empowerment,

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Published by: AndyJackson on Feb 14, 2010
Copyright:Attribution Non-commercial


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Going to court.
You can easily represent yourself with a little knowledge. It is scary, it is demeaning, it can beempowering, and it will be work. There are many places to learn about the court process, myfavorites (and I’m a total amateur with no formal legal training). First all cases start off with acomplaint. The complaint states the facts, the evidence, an ‘injury’ and a demand for ‘damages’.We never go to court because were good people and dislike airing our business in court if we canavoid it. However sometimes we have to defend against someone else’s’ claim against us. ThePlaintiff always wins, the defendant always looses. If the defendant goes free what did he ‘win’,if the Plaintiff loses what did it cost him? We want to become the Plaintiff, so how do we do that?The Plaintiff is the Creditor and the Defendant is the Debtor. In Common Law the Defendant isinnocent till proven guilty, in Admiralty
(the current system-the Defendant is guilty until proveninnocent). We file a counterclaim. Now we are the counterPlaintiff and they are thecounterDefendant. That feels better. Now we have Power and the judge has to serve us(supposedly). Next there are rules of court. First off there are 4 different forms of LAW listed inthe u.S. Constitution-Common Law, Equity Law, Admiralty Law, and Maritime Law
. Whichform do you as the Plaintiff wish to declare?
In Common Law
no statutes and codes,regulations, and legislated laws apply and the jury is the tribunal who decides the outcome. Onlyan injured party can sue you. If the People of the STATE OF TEXAS are suing you, that is afiction (the STATE OF TEXAS only exists in someone’s mind) and as such can they be put onthe stand to be cross-examined? As you can see, our system is not functioning as it originally wasintended and is set up to proceed in Equity where the Judge can arbitrarily decide any way hechooses and you are bound by his decisions. Admiralty only applies to the Sea obviously andonly in times of WAR. Are we at war? Yes, we have been under emergency war powers sincethe time of Abe Lincoln. There is always a declared War,-War on Drugs, War on Terror, War onPoverty, etc. How about getting an attorney? An attorney
 does not have to do what you tell himand can actually go against your wishes because once you sign up you are legally declared a wardof the court, a child incapable of representing yourself, unable to make decisions for yourself.They really really want to assign you a ‘free’ public defender so they can keep you from makingany of those unpleasant, crucial demands for justice. You will not be able to learn enough to puton a lengthy trial of examining witness, etc but you can make all of your points in your writingand what I do is prepare everything I wish to say in a prepared statement to read off of. Bring adigital voice recorder and keep it in your pocket, you can’t imagine how handy it is later to beable to ‘transcribe’ what was said, and also bring a 3
party to witness the trial and later swear anaffidavit stating they heard “….” in court that day (from your transcripts and recording to refreshtheir memory) otherwise you have no ‘evidence’. Without it you will not be able to remember what was said. Often they will not allow you to record courtroom actions but as a sovereign Iclaim it is my right to record, however I have never had the digital recorder not go through themetal detector guardians. If I get all my points into the record in my writing then not much needsto be added in open court anyway. This system works great. All your points get entered and youcan learn to say ‘I object’, ‘I don’t’ consent’ and ‘I don’t understand’ to anything stated and itwill get into the record. Next, lets look at places to study the law for a better chance, 1. BillThornton’s site: http://1215.org/lawnotes/index.html, where you can spend an enormous amountof time, I highly recommend getting his video package for $70 here:http://1215.org/seminar/denniswhipple.htm and then to see how the Equity court will operateJurisdictionary does a great job at giving a study course at home for representing yourself http://www.jurisdictionary.com/ Peter Graves has done a great service here. So you have a claimagainst you and you have been notified by the court and or opposition party. You have 21 days to
file an ‘answer’ to the complaint from the file stamped date on the original filing (not the timethey served you). You file a court document that mirrors the header of their complaint with your name in the upper left corner and the name of the court, the parties listed, ect. See my examples atthis site and when you get your complaint it will be in the correct form for your system so copy itfor your writings. Label it in New Times Roman 16 Point “ANSWER” and then write their  points number 1. Blah blah blah whatever it accuses you of then below that you would list your answer: either ADMIT, if you agree to it, DENY, if you disagree with it, or I HAVE NOKNOWLEDGE, if you don’t know. Also file a separate ‘DEMAND FOR JURY TRIAL’ sameformat as usual, and just has to be in writing to the court. The judge works for the Bankersultimately and for the Corporation known as the UNITED STATES, and it’s subsidiaries STATEOF TEXAS, etc., COUNTY OF SAN FRANCISCO, etc., so don’t expect justice if dealing with aBank or Corporate government entity from a judge. You can recuse (dismiss) any judge for anyreason one time and for good reason anytime. You have a right to Jury trial in any matter over $20 (7
amendment) and in any criminal case (traffic tickets are technically criminal) so demandif it’s less than $20 say ‘here’ and hand them a $20 and say ‘dispute settled’. Even though theaverage man and woman know little law they will give you more justice than the corrupt system.If one juror votes against the Plaintiff, the Defendant goes free.Then make 3 or 4 copies, you will send 1 copy off Certified Mail with a ‘proof of service’ (signedand mailed by someone NOT A PARTY TO THE CASE) to the opposition (the prosecutor or theattys for the other side). You will make 3 or 4 copies of the proof of service. The original wet-ink signed proof of service will be handed in, with the original wet-inked signed ‘Answer’ andentered into the courthouse at the Clerks office where they will stamp the copy entered into thecourt’s record, you will also present an extra copy (for your records to prove entering into therecord) and the Clerk will file stamp your copy. The Clerk will assist you often with correctionsyou need to make. IF they flat out refuse to take your filing, write ‘file on demand’ across the topin pen and ask to speak to the supervisor and get it entered, don’t take no for an answer, they haveno right to deny your RIGHTS to be heard in court and your plea is your RIGHT. See: TITLE
18USCS Section 2071 (2002)
Section 2071. (Concealment, removal, or mutilation generally)
. Once they receive your docs they are considered filed. They will need to see your proof of service which if its an original suit started by you- you will have to physically serve the other side, but if you are responding to a suit then mail service is acceptable. So you will have sent 1copy off to the ‘oppositition’ first, then enter 1 (original wet-inked signed copy) to the Clerk of the court who will file stamp it and enter it into the record and have 1 copy file stamped for evidence for your records. That’s the same process for all filings. Then to get better position, youwill file a ‘counterclaim’ wherein you will state your complaint, the facts substantiating your injury, and your claim for damages. If you are going to use Sovereignty and Common Law thenyou will also claim they lack jurisdiction in your counterclaim because the court has no jurisdiction over a sovereign.The opposition will kick and scream to get rid of your counterclaim. They have 21 days to‘answer’ it, if they don’t answer within 21 days from the date you got it file stamped, go to theclerk of the court and demand (in writing) a default judgement in your favor. They will probablyfile a MOTION to dismiss or to strike or something within the 21 days to avoid having to‘ANSWER’ it. You will then file an ‘OPPOSITION’ to their motion. Once again you will gothrough their MOTION point by point and try to destroy their position. Look up their case citesand see if it applies to you, if not turn it around on them and show it doesn’t apply. Failure toobject and demand things will get you ‘nothing’. Silence is tantamount to agreement. There isHonor and Dishonor in court. You will get nothing if you don’t ask for it. When you make youcase in your ‘Complaint’ you should list each statement of fact by number. 1. The Bank did notsend me a Notice of Default. 2. The Bank engaged in fraud by not disclosing the elements of the
look up any Title at Cornell law :http://www.law.cornell.edu/uscode/18 
contract at the time I signed the Promissory Note and Deed of Trust. Now when they‘ANSWER’ your complaint they have to admit, deny, etc each point. If you make a longstatement listing everything they did as one long statement all they need is one element to be ‘Ihave no knowledge’ and they can put that down as their answer. If you address each issueindividually they can’t snake out of it, and instead have to answer each numer individually. Toknow case law is a large subject and this is where you win or lose along with your writing.Findlaw can help you verify case cites. See here: http://caselaw.lp.findlaw.com/scripts/getcase.pl?navby=case&court=us&vol=226&page=260 Sign up its free. Then you can look up all thesupreme court cases and some others.One caveat. Many times patriot websites and others will cite case law and when I look it up itdoesn’t exist. Often times it does exist. However the opposing side if they are eager will assign agopher to look up your cites and if they can prove they are false, you will be seen as a liar and afraud. So be careful using case cites. That said you would have a wonderful source of case law atvarious websites that can lead to interesting uses for you. I look up cites I can and then write‘verified’ after them (I can remove later) to tell me which ones I have looked up and know for sure are good law. On good thing to look up and read is the Federal Rules of Civil Procedure.You can read it online http://www.law.cornell.edu/rules/frcp/index.htmlit’s not overly long and lets you know what standard court procedures are. They are applicable to every state. I assumeall the states have a statute that brings them in automatically. Check it out.You can easily use Microsoft Word to add numbering like legal paperwork and make excellentlooking documents. There are sites for legal interested people such as http://suijurisclub.net/You can ask questions there. Sui Juris means I am over 18, of sound mind and can handle myown affairs. In the case law below just because I didn’t verify it doesn’t mean it’s not there, I canonly look up Supreme Court decisions and California decisions. If you want to bring evidenceinto a court you have to have certified documents under the Federal Rules of Civil Proceedure.To get certified Documents, it could be an actual printed book, but the easier way is to go to a lawlibrary and find the page with the quote and have the notary or law librarian photo copy the pageand stamp it ‘certified’, now it has to be admitted. If the opposition doesn’t have certified copiesobject to them being admitted. If they are certified copies of Promissory Notes or Deeds of Trustobject as copies don’t have ‘your signature’ on them and are hearsay evidence.READ your Constitution, and Declaration of Independence, and demand your inalienable (notlienable) Rights.Here is some of my collection of case law:
 Next up, is the most important part of going to court:Court is a ‘show’ put on to convince the people of validity of the proceedings and it’s all ‘lets make a deal’.There is very little law going on there, it’s whole purpose is to contract with you.Think of everything the judge says as an ‘offer’, not a command. There is a set series of ‘ offers’ that get youto ‘consent’ to their having ‘jurisdiction’ (control) over you. As I stated, I find it best to have a prewrittenscript of what to say to read off of when my ‘name’ is called. You will have to do some serious reading tounderstand the concepts behind this but basically each man and woman are sovereigns in this country with nohigher authority over them and as such the only thing the courts (which are private corporations) can do is toget you agree to their offers unless you have actually ‘injured’ somebody and they are ‘joined’ to the plaintiff as a complaining party.The following is my script, I read off of and the answers I give to the prearranged questions. I know the Judgewill ask these questions at every arraignment and I know how to counter them. By practicing and getting anunderstanding of the concepts you can make your case without faltering. If the judge refuses to let you readyou case cites into the record remember that is an ‘offer’ and you just start in again reading them after the 3
time he will give up denying you your right or you have proof positive that he is a private pirate and usingthreat and duress (a man with a gun) to control you instead of being fair and impartial. Bring a friend to beyour counsel and give moral support, I have a whole page of challenges to you having to be a licensed atty.

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