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MotionAndDemandForProofOfJurisdiction.2

MotionAndDemandForProofOfJurisdiction.2

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Published by Sovereign_King_3095
ATTENTION AGENCY: PLEASE STATE THE NAME OF YOUR JURISDICTION.
ATTENTION AGENCY: PLEASE STATE THE NAME OF YOUR JURISDICTION.

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Published by: Sovereign_King_3095 on Jun 28, 2012
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01/03/2013

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Notice of Lack of Jurisdiction and Demand for Hearing to Order Proof of JurisdictionPage 1 of 64
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<<NAME>><<ADDRESS>><<CITY>>, <<STATE>> <<ZIP>><<PHONE>>Email: <<EMAIL ADDRESS>>In propria personaDISTRICT COURT OF THE UNITED STATES[ ] DISTRICT OF [NAME OF STATE][Name]Plaintiffv.DEFENDANT/Citizen)))))))))))Case No.:
 NOTICE OF LACK OFJURISDICTION AND DEMAND FOR HEARING TO ORDER PROOF OFJURISDICTION
TO ALL INTERESTED PARTIES:PLEASE TAKE NOTICE that a hearing has been requested by theAccused Common Law Citizen [DEFENDANT] to take place on the________ day of ___________________, 1994, at _____________hours in Courtroom _______, of the above entitled Court locatedat ________________.1. This hearing has been called to resolve certainconclusions of law which are in controversy. The demand forthis hearing constitutes a direct challenge to the jurisdictionof this Court in the instant matter at bar. The accused Citizen[DEFENDANT] is aware that he has been compelled to participatein this action under threat of arrest and incarceration, shouldhe fail to appear when ordered to do so.
 
 
Notice of Lack of Jurisdiction and Demand for Hearing to Order Proof of JurisdictionPage 2 of 64
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2. The subject matter jurisdiction of this Court is notin question here. Rather, because the matter is criminal innature and involves a compelled performance to what isessentially derived from Roman Civil (Administrative) Law, theAccused herewith challenges the
In Personam
jurisdiction of thisCourt. The Accused does so on the ground that the Plaintiff hasfailed to provide an offer of proof that the Accused is subjectto the legislative equity jurisdiction in which this Courtintends to sit to hear and determine only the facts of thismatter, and not the law, arising from a "Bill of Pains andPenalties".3. It is well known that jurisdiction may be challengedat any time as an issue of law because, absent jurisdiction, allacts undertaken under the color of statute or under the color ofordinance are null and void
ab initio
(from their inception).4. Because the Accused was compelled, under threat offurther damage and injury, to enter this Court to demand relief,this appearance is SPECIAL, and not general in nature.5. The argument which follows sets forth the nature ofthe controversy "At Law". This Court is bound by its oath ofoffice to sit on the Law side of its jurisdiction to hear thecontroversy in a neutral capacity and to make a fair andimpartial determination.6. This document, and the argument contained herein, isintended to be the basis for further action on appeal, shouldthis Court fail to afford a complete hearing on the law of the
 
 
Notice of Lack of Jurisdiction and Demand for Hearing to Order Proof of JurisdictionPage 3 of 64
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matter at the noticed request of the Accused. Furthermore, afailure of this Court to seat on the Law side of itsjurisdiction to determine this timely question will give theAccused cause to file for a Writ of Prohibition in a higherCourt.
 ARGUMENT
1. The Constitution of the United States of America(1787) is the supreme Law of the Land. The Constitution ofState of California must be construed in harmony with thesupreme Law of the Land; otherwise, the State of California hasviolated its solemn contract with the Union of States known asthe United States of America, and the question raised hereinbecomes one which is a proper original action before the SupremeCourt of the United States, sitting in an Article 3 capacity.2. An employee of the Internal Revenue Service hassubmitted allegations in what amounts to a "Bill of Pains andPenalties" alleging that I, [DEFENDANT], have somehow failed toperform according to the terms of some agreement for specificperformance on my part.3. By submitting this Bill of Pains and Penalties, theindividual in question has accused [DEFENDANT] of failing toperform specifically to some legislative statute which is beingpresented as evidence of the law. Statutes are not laws; theyare administrative regulations which are civil in nature, evenwhen they carry sanctions of a criminal nature, unless there isan injured party who is brought forward as a
corpus delicti
.

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