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Topic: Only lawyers may object!

Created on: 11/07/18 09:31 AM

Replies: 1

JOSEPH36


Joined: 12/19/17

Posts: 18

Only lawyers may object!
11/07/18 9:31 AM

In a recent hearing with a court commissioner presiding, I said, "Objection" (the first time I had ever objected out loud in court) and I was sternly informed that unless I had a bar card, I could not object. I was a respondent to an injunctive petition, and pro se, in a court of lower jurisdiction. Comments?

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JEROME2


Joined: 02/05/14

Posts: 84

RE: Only lawyers may object!
11/08/18 8:15 AM

Joseph,

You asked a question, without giving us a full sense of the context surrounding your situation. First, let me disclose that I have no legal training, and suggestions that I make are my personal opinions, for I'm a student of Dr. Grave as you are. But, I've had a lot of experience with Administrative Agencies and their internal hearings.

The only clear point you have made is that you were in a hearing. It might be held in a courtroom, but you are NOT in Court.

First, you MUST understand that hearings are Article I Administrative actions, within an executive branch of government. You are NOT in an Article III court, within a judicial branch of government!

They have made the Presumption that a contract is in existence between you and that Agency. And as such, they are trying to Compel Performance from you. They are trying to enforce a statue, code, or regulation.

If you have not harmed a person, damaged property, or committed fraud in a contract, then you are not under Common Law. The claim against you doesn't come an injured party (living person), but a legal entity (government).

I hope you sent a Notice of Special Appearance BEFORE attending the hearing. Failure to do so grants Persona Jurisdiction to the hearing.

The KEY POINT with an issue of "compelled performance", is you MUST get your opponent to produce the Contract. And NOT to proceed, or argue any point of their claim until they enter that contract into evidence.

On the point of the use of the word OBJECTION.
Words of the English language are not copyrighted.
Have them place the copyright into evidence.
Or just use another word. Firmly state that you REFUTE, or REBUT their accusations for "Failure to State A Claim..."

And NEVER FORGET- the burden of proof is on the party bring forth the claim. The government will trick you and try to shift the burden of proof upon you.

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