Court (There must be Injury)
Do you really believe our Founding Fathers broke away from King George III and Kingly rule to form a nation that We the People should be afraid of? If you fear government, you are living under tyranny. So-called mandates from government are offers to contract with threat of fine or imprisonment for not obeying. Under Common Law, only a Common Law jury can punish you for non-compliance; not judges. You do not have to accept summary judgment, which is trial by judge!
Judges have usurped powers they were never vested with by the People. Most People go to court for jury duty or traffic tickets. Most People respect what they think is the law. Most People believe that when they go to court, their Constitutional rights will be protected. They are shocked to discover they have no Constitutional rights in court. Why is this? Our Public Servants have made rules to protect their unconstitutional acts and abuses of power.
Honesty & Comprehension
Most People are honest and see no need to understand the court system; however, every threat of injury to you from a person or government has no meaning unless the threat can be enforced in a Court of Law. Believe-it-or-not, you can take control of the court. The Constitution speaks of four jurisdictions: law, equity, admiralty and maritime. All of these jurisdictions have courts to accept maritime. Maritime cases are handled in a Court of Admiralty.
n 1938 judges merged the Court of Law and the Court of Equity; therefore there is no actual Court of Law in effect. The law dictionary defines a Court of Law as one proceeding to the Common Law. A Court of Equity is defined as a court proceeding to the rules of chancery. Keep in mind, Hitler was dictator and chancellor of Germany. In a Court of Equity, the judge is the dictator. In court, you are facing law and equity. The judge wants to keep you in equity to rule you.
If you speak of constitutional rights, he will hold you in contempt of “HIS” court; as if he owns it and not the People. As the defendant you can file a Counter Claim under Federal Rules of Civil Procedure, Rule 13 and demand a lawful Court of Law, which is synonymous with a Court of Record, proceeding to the Common Law. The true definition of a Court of Record is, it must be proceeding to the common law, keeps a record, has power to fine for contempt, may or may not have a seal and the tribunal is independent of the judge; decided in Jones v. Jones.
2 Defining Parts of Court Record
The two most important parts of the definition of a Court of Record is that it must proceed to the Common Law and the tribunal is independent of the judge. Who is the tribunal? The tribunal is you, until a jury is seated; after you file your Counter Claim, you become the Counter-Plaintiff. As the Counter-Plaintiff, you no longer need a jury. The People’s Our Declaration of Independence says three important things: rights are endowed by their Creator, not government; 2. The People are governed by their consent; 3.
The purpose of government is to secure the rights of the People; not to abuse or violate the People’s Rights. Since the founding of America, there has been a battle over who shall rule the People or their government? Too much rule by the People is anarchy. Too much rule by government is tyranny. The balance of power was established under a Republic, with a written rule of law that the people and their government must obey.
Public Servants are elected or appointed, and all must take an oath or affirmation to support and defend Constitutional Law. No one is above the Law. The lie that our form of government is a democracy is actually destroying American sovereignty and the people’s freedoms. Our flag reads CALIFORNIA REPUBLIC.
When we recite the pledge of allegiance, we all say:
“And to the Republic for which it stands.”
In 1787 Benjamin Franklin stated:
“We have given you a Republic if you can keep it.”
Article IV Section 4 in the U.S. Constitution:
“Guarantees every state shall be a republic.”
R is for Republic
The word democracy is not in the U.S. Constitution, and it is not in any of the fifty state constitutions. Our Founders formed a Republic under a written rule of law, the Constitution. They formed a mixed-constitution with elements of monarchy, rule by one, expressed by presidential veto and pardon; oligarchy, rule by few, expressed by Congress making laws; and democracy, rule by majority, expressed by the people voting for their representatives. Democracy is the method we use to elect our representatives, but it is not our form of government.
We the People took the place of the King and became the sovereigns. The dictionary defines sovereign as:
“One who has absolute power.” “The People of this state do not yield their sovereignty to the agencies which serve them.”
California Government Code, Sections 11120 and 54950.
Our government fears people who claim to be sovereign. Our government says people who claim to be sovereigns are anti-government. We the people want and need a limited form of government to secure our rights. Our government has actually instructed their agencies to treat anyone claiming to be sovereigns as terrorist. Our government is afraid of its own sovereigns-the people. Our Public Servants were never meant to become rich dictators who never leave office; but they have!
Our Public Servants have indeed become tyrants. They willfully withhold material facts that support the people’s freedom; like the fact that our form of government is, in fact, a Republic not a democracy. The people have been lied to for so long they actually believe democracy is the best form of government in the world, and it is their duty to spread the lie of democracy all over the world. However, would any of you play a game by majority rule?
Majority Rule = Mob Rule
Would you run a business by majority rule? Would you fix your car by majority rule?
In Bond v. U.S., 529 U.S. 334 (2000) the court ruled:
“The people are sovereign.”
Our government is vested with limited enumerated powers by the People. The Constitution speaks only of powers-not rights! Government is not vested with a single right. Government has no power vested to violate a single right of the people. The powers of government are listed in Article I Section 8 of the U.S. Constitution.
There is no power listed to make hate or love a crime.
“For a crime to exist, there must be an injured party.”
Sherar V. Cullen, 481 F. 945
Article VI Clause 2 of the U.S. Constitution says:
“This Constitution is the supreme law of the land.”
In Taylor v. Porter, 4 Hill 140 the court stated:
“Law of the land means common law.”
Common Law is Constitutional Law. Our Common Law begins with the Ten Commandments and the Magna Carta of 1215. Our lawful Common Law Duty is to never harm another person, their property or violate a contract with them. If We the People do no harm, government has no power to interfere in our lives without our consent or breach of a lawful contract. Your Consent can be given in many ways: by not objecting, remaining silent, hiring an attorney, entering a plea &c.
We the People have the power to accept or reject government contracts. When an Officer asks to speak to you, this is an offer to contract. A driver’s license is a contract; birth certificates, marriage licenses, &c. All you have to say is no! I do not consent to these proceedings and I do not accept this offer to contract.
In James 5:12 Jesus said:
“Do not swear, either by heaven or by earth, or with any other oath. But let your yes be yes and your no be no; lest you fall into judgment.”
Oath & Contract
When you take an oath, you make a contract. When you make a contract, you fall into judgment which is government jurisdiction. Government has jurisdiction to prosecute you in only one of three ways: 1. By your informed Consent; 2. Breach of Lawful Contract; and 3. Injury to a person or property. All courts in Humboldt operate under statute law, not Common Law. The juries in these courts are advisory juries, not common law juries because they are instructed by the judge. This is jury tempering.
The judge instructs the jury they may judge the facts and the judge will judge the law. However:
“The jury has a right to judge both the law as well as the fact in controversy.”
John Jay 1″ Chief Justice of the Supreme Court, 1789″
By instructing the jury that they may only judge the facts and not the law, the judge is willingly withholding material facts; which is a crime! California Civil Code §22.2 says all courts must use the common law; but courts do not use common law; they use forced performance rules, regulations, codes, ordinances and statutes. If you speak about your Constitutional rights, the court will hold you in contempt of court.
Under Common Law, there must be an actual victim; therefore, the State may not use: The State of California versus John Doe. Under Federal Rules of Civil Procedure, Rule 17 there must be a “real party of interest.” The dictionary defines a politician as someone who is cunning and deceitful. It defines a statesman as someone who is well-informed about their form of government. At our meetings, we teach people to be Statesman, not politicians.
It is easy to be a politician in a democracy where people falsely believe their rights are up for a vote every day. Our rights are unalienable rights. Unalienable means that which cannot be alienated or taken. If our rights were actually taken away by government, our Republic would cease to exist. We must protect the rule of law.
In every rule or code, the People’s rights are written somewhere. For example, under the Uniform Commercial Code, Section 1-308 you must make a Reservation of Rights. When you sign a contract you do not want to sign, always add made under duress. When you sign a contract you want to sign, always add All Rights Reserved. As another example, we will use the Vehicle Code.
On the Notice to Appear, which the traffic officer issues for infractions, there are four vehicle codes and one penal code on it:
C.V.C. §40500(b): “The judicial council shall prescribe the notice to appear;
C.V.C. $40513(b): “The defendant… may request a verified complaint.”
C.V.C §40522: Proof of Correction
C.V.C. §40600: “Reasonable cause to issue a notice to appear is in the
investigation of a traffic accident.”
C.P.C. §853.9: “The defendant… may request a verified complaint.”
Traffic tickets are also known as infractions. Pursuant to California Penal Code,
Section 740: “Except as otherwise provided by law, all misdemeanors and
infractions must be prosecuted by written complaint under oath subscribed by the
Now, how does this work? Let’s say you ran a red light, but you did not injure anyone or their property. You have violated the Vehicle Code; however, you have not violated the Common Law. Keep in mind, your lawful Common Law Duty is to never harm another person, their property or violate a contract with them. Under Common Law for a crime to exist, there must an injured party. The Vehicle Codes on the Notice to Appear are material facts in your alleged case. C.V.C. §40513(b) printed on the Notice to Appear allows you the right to request a verified complaint from the injured party.
Did you injure the Officer? No. You did not injure anyone; therefore there can be no actual complainant under Penal Code §740 or real party of interest under Federal Rules of Civil Procedure, Rule 17. Without a complaint of injury from an actual victim, the court has no jurisdiction to prosecute you. The court may claim the driver’s license is a contract that you violated; however, the driver’s license contract is made under duress and without full disclosure and is therefore not a valid contract. Under California Civil Code §1689(b)(1) these types of contracts can be made null and of no effect whatsoever.
Black’s Law Dictionary
The Traffic Ticket Scam by Richard Bellon
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