Hello everyone,
I just join the group this month. I have ZERO legal training, but I have been scouring the internet, and law references. And in reading some of these post we have been diverted from the real issue: What is the reason for going to court? And what are the elements that MUST be in place for a court to act? I have validated my premise based on my recent court case in which I was charged with driving on a suspended driver's license in the corporate State of Maryland. This is only my opinion, but here are my findings for you to review.
The whole purpose of going to court is to settle a dispute between two or more parties. Basically the two parties are too immature to settle their own differences. THAT is why we are dragged into a courtroom. This is only applicable when the State is your adversary.
While operating in commerce, and in court you have a choice to operate in HONOR...or DISHONOR. And in each you have an additional two choices:
-TO BE IN DISHONOR you can
1. choose to ignore the charge against you (be silent);
2. Deny the charge against you.
-TO STAY IN HONOR you can
1. Accept the charge against you;
2. Conditionally Accept the charge against you (make a counter-offer).
Look Up The Rule Of VOIDS in Court-
The court MUST have these elements or any decision is VOID!!
1. two opposing parties IN DISPUTE! (with standing)
2. The court MUST have personna jurisdiction
3. The court MUST have subject matter jurisdiction
4. Competent witness
If any one of these elements is missing the court can NOT move forward...PERIOD! And any decision which is void can be over-turned in appeal.
In my case I submitted 4 documents to the Court & Attorney General:
1. Affidavit of Truth- validated my standing, removed subject matter jurisdiction.
2. Conditional Acceptance of the charges- removed the dispute between the parties.
3. Notice of Special Appearance- removed personna jurisdiction.
4. Fee Schedule- notice of my counter-suit fees to the court & prosecution. For trespassing on my inherent rights.
I'm not looking to be crucified here for stating my opinion. But honest questions are welcomed. Good Luck Everyone!
* Last updated by: JEROME2 on 3/4/2014 @ 9:43 AM *