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Our system of Common Law justice...
Originally posted by apacheman
Amazing how ignorant of the laws the courts and cops actually are.
Unfortunately, they are even more ignorant of the Constitution.
The responses you got are what you'd expect from someone caught out in their ignorance, a defensive display to challenge yor right to ask a question they can't answer due to that ignorance. They got defensive because the question strikes at the heart of their legitimacy which they themselves doubt, or they would respond differently.
Strikes me that it's covered by "due process" clause...if you can't get a straight answer from the the people controlling the process about the nature of the process, then you can't effectively mount a defense, and thus are deprived of it.
Laws.—Every law shall embrace but one subject and matter properly connected therewith, and the subject shall be briefly expressed in the title. No law shall be revised or amended by reference to its title only. Laws to revise or amend shall set out in full the revised or amended act, section, subsection or paragraph of a subsection. The enacting clause of every law shall read: “Be It Enacted by the Legislature of the State of Florida:”
The enacting clause of every law shall read: “Be It Enacted by the Legislature of the State of Florida:
Originally posted by thegoods724
Your story is an interesting one, sounds to me like you are trying to figure out a way to get out of some ticket, by saying the system is faulted. If that was feasable then everyone would do it. I think your pretty screwed either way. Every courthouse knows the reason they collect tickets is to pay their pockets and if they allow you to use some excuse to get out of it well they get less money. Good Luck though the system is bull and my question is why are traffic tickets so expensive when the public would totally decrease the cost of a ticket, since it has little to no effect on the speeding in the nation.
According to the court, I owe money and they have a right to suspend anything under my name, take me to jail for 180 days for contempt for not paying etc...
All of this according to statue! They hit me with the statue, so I started doing research from "top to bottom"
Top being the Florida constitution which under article 3 - section 6 states the following:
Laws.—Every law shall embrace but one subject and matter properly connected therewith, and the subject shall be briefly expressed in the title. No law shall be revised or amended by reference to its title only. Laws to revise or amend shall set out in full the revised or amended act, section, subsection or paragraph of a subsection. The enacting clause of every law shall read: “Be It Enacted by the Legislature of the State of Florida:”
Notice the important sentence:
The enacting clause of every law shall read: “Be It Enacted by the Legislature of the State of Florida:
of EVERY law SHALL read...
The statue that they are trying to enforce on me does not have the enacting clause, which to my understanding, makes it VOID!
As a matter of fact, none of the statues have the enacting clause, now watch these judges claim that statues are not law when I show up to court!!!
Originally posted by thegoods724
...... sounds to me like you are trying to figure out a way to get out of some ticket, by saying the system is faulted. If that was feasable then everyone would do it.....
Originally posted by Maxmars
Brace yourself.
You will be interfering with another things that "doesn't exist".... the fact that the State (States actually) rely on fines and penalties as a revenue source. This also accounts for the proliferation of summons' that are remediable by the paying of fines.
Our legal system is a mess... and most seasoned judiciary members know it. It begins with their occupancy of what they almost routinely refer to as 'their' courtrooms... as if they authority they are wielding comes from God, and not the people.
I am sorry you discovered, the hard way, that in order to challenge a procedural aspect of the law you need a lawyer willing to represent you. As a non-BAR member you have no standing. You may always defend yourself pro-se, (Constitutionally speaking), but outside of that the BAR monopoly stands as an iron-clad guild which you cannot breach without breaking laws - unless a judge sincerely supports the inquiry... and then other higher-level judges will simply void the errant judges implicit challenge.
I am no lawyer, I also have no standing, and those with no standing are expected to remain in humble submissive ignorance.
That's how the guild works.
In a theoretical fantasy world, where you don't have to fear the consequences, you may file as part of your discovery, direct questions regarding jurisdiction as long as they are directly relevant to the outcome of the case, so asking the nature of the court you are being tried in is not out of order. However, you will be dealing with an Administrative Judge, not a legal professional... therefore all challenges will be seen as probable contempt... and most judges get to end objections with finality on that note. You will end up being barred from asking the question... and good luck finding any court willing to review that decree.
Originally posted by greenovni
All it takes is to show that a fake judge (administrative assistant) is acting as a judge, not following the FL constitution as sworn judges are supposed to do.
An easy story for my local newspaper
Now, am I scared of contempt of court charges, nope, I've lost all fear of these people long time ago.
Originally posted by Maxmars
Originally posted by greenovni
All it takes is to show that a fake judge (administrative assistant) is acting as a judge, not following the FL constitution as sworn judges are supposed to do.
An easy story for my local newspaper
Now, am I scared of contempt of court charges, nope, I've lost all fear of these people long time ago.
I think the appointment of Administrative judges by political committees is a standard practice. I wouldn't go broadcasting the whole 'fake judges' angle without more consideration... They may not be lawyers or BAR members, (and yet they may) but they are authorized by the state to adjudicate cases... Anyway... find the nearest law school and ask some 3rd year law student to answer the same questions you asked at the courthouse.... you may be amused at the 'kind' of response you get. Just a thought.