How to beat any court case

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hoagie1
hoagie1's picture
How to beat any court case

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hoagie1
hoagie1's picture

23 case citations

1. A court may not render a judgment which transcends the limits of its authority, and a judgment is void if it is beyond the powers granted to the court by the law of its organization, even where the court has jurisdiction over the parties and the subject matter. Thus, if a court is authorized by statute to entertain jurisdiction in a particular case only, and undertakes to exercise the jurisdiction conferred in a case to which the statute has no application, the judgment rendered is void.

2. The lack of statutory authority to make particular order or a judgment is akin to lack of subject matter jurisdiction and is subject to collateral attack. 46 Am. Jur. 2d, Judgments § 25, pp. 388-89.

3. A void judgment is to be distinguished from an erroneous one, in that the latter is subject only to direct attack. A void judgment is one which, from its inception, was a complete nullity and without legal effect. Lubben v. Selective Service System, 453 F.2d 645, 649 (1st Cir. 1972)

4. A judgment rendered by a court without personal jurisdiction over the defendant is void. It is a nullity. [A judgment shown to be void for lack of personal service on the defendant is a nullity.] Sramek v. Sramek, 17 Kan. App. 2d 573, 576-77, 840 P.2d 553 (1992), rev. denied 252 Kan. 1093 (1993).

5. "Where there are no depositions, admissions, or affidavits the court has no facts to rely on for a summary determination." Trinsey v. Pagliaro, D.C. Pa. 1964, 229 F. Supp. 647.

6. "A court cannot confer jurisdiction where none existed and cannot make a void proceeding valid. It is clear and well established law that a void order can be challenged in any court", OLD WAYNE MUT. L. ASSOC. v. McDONOUGH, 204 U. S. 8, 27 S. Ct. 236 (1907).

7. "The law is well-settled that a void order or judgement is void even before reversal", VALLEY v. NORTHERN FIRE & MARINE INS. CO., 254 u.s. 348, 41 S. Ct. 116 ( 1920 )

8. "Courts are constituted by authority and they cannot go beyond that power delegated to them. If they act beyond that authority, and certainly in contravention of it, their judgements and orders are regarded as nullities ; they are not voidable, but simply void, and this even prior to reversal." WILLIAMSON v. BERRY, 8 HOW. 945, 540 12 L. Ed. 1170, 1189 ( 1850 ).

9. "Once jurisdiction is challenged, the court cannot proceed when it clearly appears that the court lacks jurisdiction, the court has no authority to reach merits, but rather should dismiss the action." Melo v. U.S. 505 F 2d 1026.

10. "There is no discretion to ignore lack of jurisdiction." Joyce v. U.S. 474 2D 215.

11. "The burden shifts to the court to prove jurisdiction." Rosemond v. Lambert, 469 F 2d 416.

12. "Court must prove on the record, all jurisdiction facts related to the jurisdiction asserted." Latana v. Hopper, 102 F. 2d 188; Chicago v. New York 37 F Supp. 150.

13. "The law provides that once State and Federal Jurisdiction has been challenged, it must be proven." 100 S. Ct. 2502 (1980).

14. "Jurisdiction can be challenged at any time." Basso v. Utah Power & Light Co. 495 F 2d 906, 910.

15. "Defense of lack of jurisdiction over the subject matter may be raised at any time, even on appeal." Hill Top Developers v. Holiday Pines Service Corp. 478 So. 2d. 368 (Fla 2nd DCA 1985).

16. "Court must prove on the record, all jurisdiction facts related to the jurisdiction asserted. "Lantana v. Hopper, 102 F. 2d 188; Chicago v. New York, 37 F. Supp. 150.

17. "Once challenged, jurisdiction cannot be assumed, it must be proved to exist." Stuck v. Medical Examiners 94 Ca 2d 751. 211 P2d 389.

18. "Jurisdiction, once challenged, cannot be assumed and must be decided." Maine v Thiboutot 100 S. Ct. 250.

19. "The law requires proof of jurisdiction to appear on the record of the administrative agency and all administrative proceedings." Hagans v Lavine 415 U. S. 533.

20. A judgment obtained without jurisdiction over the defendant is void. Overby v. Overby , 457 S.W.2d 851 (Tenn. 1970). Volume 20: Corpus Juris Sec. § 1785.

21. Challenge to court's jurisdiction is raised by motion to dismiss, Criterion Co. v. State, 458 So. 2d. 22 (Fla 1st DCA 1984.

22. Since jurisdiction is fundamental, and it is jurisdiction alone that gives a court power to hear, determine, and pronounce judgment on the issues before it, jurisdiction must be continuing in the court throughout the proceedings, Re. Cavitt, 254 P.599

23. Since jurisdiction is fundamental to any valid judicial proceeding, the first question that must be determined by a trial court in any case is that of jurisdiction, Dillon v. Dillon, 187 P,27.

Robert-Dale
Robert-Dale's picture

IMPORTANT!
Some of the referenced "23 Appellate Court Case Citations" are incomplete or missing. Here's an updated version...

1. “A court may not render a judgment which transcends the limits of its authority, and a judgment is void if it is beyond the powers granted to the court by the law of its organization, even where the court has jurisdiction over the parties and the subject matter. Thus, if a court is authorized by statute to entertain jurisdiction in a particular case only, and undertakes to exercise the jurisdiction conferred in a case to which the statute has no application, the judgment rendered is void.” 46 Am. Jur. 2d, Judgments § 25, pp. 388-89.

2. “The lack of statutory authority to make particular order or a judgment is akin to lack of subject matter jurisdiction and is subject to collateral attack.” 46 Am. Jur. 2d, Judgments § 25, pp. 388-89.

3. “A void judgment is to be distinguished from an erroneous one, in that, the latter is subject only to direct attack. A void judgment is one which, from its inception, was a complete nullity and without legal effect.” Lubben v. Selective Service System, 453 F.2d 645, 649 (1st Cir. 1972).

4. “A judgment rendered by a court without personal jurisdiction over the defendant is void. It is a nullity. [A judgment shown to be void for lack of personal service on the defendant is a nullity.]” Sramek v. Sramek, 17 Kan. App.2d 573, 576-77, 840 P.2d 553 (1992), rev. denied 252 Kan. 1093 (1993).

5. “Where there are no depositions, admissions, or affidavits the court has no facts to rely on for a summary determination.” Trinsey v. Pagliaro, D.C. Pa. 1964, 229 F.Supp. 647.

6. “A court cannot confer jurisdiction where none existed and cannot make a void proceeding valid. It is clear and well established law that a void order can be challenged in any court.” Old Wayne Mut. L. Assoc. v. Mcdonough, 204 U.S. 8, 27 S.Ct. 236 (1907).

7. “The law is well-settled that a void order or judgement is void even before reversal.” Valley v. Northern Fire & Marine Ins. Co., 254 U.S. 348, 41 S.Ct. 116 (1920).

8. “Courts are constituted by authority and they cannot go beyond that power delegated to them. If they act beyond that authority, and certainly in contravention of it, their judgements and orders are regarded as nullities; they are not voidable, but simply void, and this even prior to reversal.” Williamson v. Berry, 8 HOW. 945, 540 12 L.Ed. 1170, 1189 (1850).

9. “Once jurisdiction is challenged, the court cannot proceed when it clearly appears that the court lacks jurisdiction, the court has no authority to reach merits, but rather should dismiss the action.” Melo v. U.S., 505 F.2d 1026.

10. “There is no discretion to ignore lack of jurisdiction.” Joyce v. U.S., 474 2D 215.

11. “The burden shifts to the court to prove jurisdiction.” Rosemond v. Lambert, 469 F.2d 416.

12. “Court must prove on the record, all jurisdiction facts related to the jurisdiction asserted.” Latana v. Hopper, 102 F. 2d 188; Chicago v. New York, 37 F.Supp. 150.

13. “The law provides that, once State and Federal Jurisdiction has been challenged, it must be proven.” Main v. Thiboutot, 100 S.Ct. 2502 (1980).

14. “Jurisdiction can be challenged at any time.” Basso v. Utah Power & Light Co., 495 F.2d 906, 910.

15. “Defense of lack of jurisdiction over the subject matter may be raised at any time, even on appeal.” Hill Top Developers v. Holiday Pines Service Corp., 478 So.2d. 368 (Fla.2nd DCA 1985).

16. “Court must prove on the record, all jurisdiction facts related to the jurisdiction asserted.” Lantana v. Hopper, 102 F. 2d 188; Chicago v. New York, 37 F. Supp. 150.

17. “Once challenged, jurisdiction cannot be assumed, it must be proved to exist.” Stuck v. Medical Examiners, 94 Ca.2d 751. 211 P.2d 389.

18. “Jurisdiction, once challenged, cannot be assumed and must be decided.” Main v. Thiboutot, 100 S.Ct. 2502 (1980).

19. “The law requires proof of jurisdiction to appear on the record of the administrative agency and all administrative proceedings.” Hagans v Lavine, 415 U.S. 533.

20. “A judgment obtained without jurisdiction over the defendant is void.” Overby v. Overby, 457 S.W.2d 851 (Tenn. 1970), Volume 20; Corpus Juris, Sec. § 1785.

21. “Challenge to court’s jurisdiction is raised by motion to dismiss.” Criterion Co. v. State, 458 So.2d. 22 (Fla.1st DCA 1984).

22. “Since jurisdiction is fundamental, and it is jurisdiction alone that gives a court power to hear, determine, and pronounce judgment on the issues before it, jurisdiction must be continuing in the court throughout the proceedings.” Re. Cavitt, 254, P.599

23. “Since jurisdiction is fundamental to any valid judicial proceeding, the first question that must be determined by a trial court in any case is that of jurisdiction.” Dillon v. Dillon, 187, P.27.

ashley0885
ashley0885's picture

hey i know someone who did this and the very next day the department of corrections came looking for them because the police have no Jurisdiction . how do clear a warrant for the case it has been served on ?

DjJazzyJeff
DjJazzyJeff's picture

Hey Rob,
I know this may sound strange, but I have submitted some 'out there' stuff to the courts so I thought I would ask anyway.
Do we change the text from State of Insanity to State of (Our State)?  I follow directions tuitee and want to try this document - I just want it to go in correct the first time.
 
Dj

ritakempton
ritakempton's picture

Habeas Corpus submitted for Son over a year ago, through NLA.....After serving almost three years for a "victimless Crime", with Habeas Corpus being ignored. Son will be released on 12/14/16....My question is ........He has about $6,000.00 in fines and his Driver's License from a different State is being held for blackmail until bogus fines are paid.....HOW CAN HE GET RESTITUTION OR FREEDOM FROM PAYING THESE FINES?
Thank You
.

Jefferson-A.I.T-MO
Jefferson-A.I.T-MO's picture

Hello there what were the $6000 in  restituion fines alledgedly for?

ritakempton
ritakempton's picture

He was arrested for having heroin and drug parapheranlia on him. Riding a bike without a light on, Seat belts not on in car...All B.S.
three arrests......( two $10.00 bags and needle)...walking a bike on the boardwalk at night all lit up.....started out from a parking space while not locked in...traffic light within 15 feet where stopped and hooked up...Police watching......I think that sums it up...All documented in his Habeas Corpus....Are you the one I will get my answer from?
Thanks

ritakempton
ritakempton's picture

jeffersonfreeman-mo...............is that it?.......

Aresposito55
Aresposito55's picture

can this work for my son who was railroaded and given 73 years for not 1 but 2 crimes he didnt commit and they didnt prove? and do you really use State of insanity?

RW1865
RW1865's picture

This is exactly the kind of real world info we need, I am involved in a case right now that I could contribute a great deal of information, any questions contact me.