A JURISDICTION In Criminal Actions Part 2

A jurisdiction in criminal actions

It is essential that you understand that in Personam, jurisdiction and must be Subject Matter Jurisdiction and /or Federal Territorial Jurisdiction challenged or the court will presume that they have Personam Jurisdiction over you, and may thereafter prosecute the matter against you.

Further, there are many ways for you to waive jurisdiction and permit the court to proceed.

You must be ever diligent and never waive any of your inalienable rights, regardless of the convenience of doing so. You have no legal or moral responsibility to waive your right for the convenience of the courts. Always remember that the court system is supposed to be long and tedious; due process is supposed to be difficult; don’t ever make it easier for the government to prosecute you.

Once you challenge jurisdiction in a criminal case, the courts have the burden of proof pursuant to 5 USC 556(d)
“It is an elementary rule of pleading, that a plea to the jurisdiction is the first in the order of pleading, and that any plea which refers to the court any other question, is a tacit admission that the court has a right to judge in the cause, and is a waiver to all exceptions to the jurisdiction.” Girty v. Logan, 6 Bush Ky.8

“Whenever it appears upon the record that the court has no jurisdiction, nothing which the parties may do or omit to do will give it, but where they want of jurisdiction may exist consistently with the record; a plea to the action is a waiver to any exception to the jurisdiction.” Lawrence v. Bassett, 5 Jones v. Rider 140.

Think about it..

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