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The problem is that these courts ARE NOT "admiralty" courts - thats another myth. Admiralty courts do exist, and sometimes the same courts that run normal civil/criminal procedure also can hear admiralty cases, but not in the sense this legal mythology proposes. In reality, admiralty really only deals with cases of maritime law. It does not apply to any other type of case. So for example when you get a ticket for speeding and go to traffic court screaming about admiralty jurisdiction, its the equivalent of speaking in tongues - it makes absolutely no sense. The entire idea that courts are secretly admiralty jurisdiction isn't real.
Originally posted by thelongjourney
Originally posted by Helious
How do you win a court case in a court that practices admiralty (private law) using common law? The answer is, you do not. What you do... Do, is remove yourself from that system and declare they simply do not have jurisdiction. That does work.
By no means is it easy and they will fight you every step of the way and there is alot of bad information out there and is hazardous to the unprepared or ill informed but to claim that it is a myth that was created in the 70s is just utter nonsense.
Easy - happens all the time. If someone brings a case against you in a court that does not have jurisdiction, all you have to do is challenge the jurisdiction and cite why the court does not have jurisdiction. Case dismissed, the party bringing the complaint has to go file in the proper court.
The problem is that these courts ARE NOT "admiralty" courts - thats another myth. Admiralty courts do exist, and sometimes the same courts that run normal civil/criminal procedure also can hear admiralty cases, but not in the sense this legal mythology proposes. In reality, admiralty really only deals with cases of maritime law. It does not apply to any other type of case. So for example when you get a ticket for speeding and go to traffic court screaming about admiralty jurisdiction, its the equivalent of speaking in tongues - it makes absolutely no sense. The entire idea that courts are secretly admiralty jurisdiction isn't real.
So there is no catch 22 here - show me 1 case where someone challenges the jurisdiction based on admiralty and got the case dropped OR EVEN CHANGED TO A DIFFERENT VENUE. You won't, because your talking the equivalent of legal gibberish when you step into a court and start preaching about admiralty. Anyone can prove me wrong and show that courts are really in secret operating in admiralty by showing me one case that was dismissed based on admiralty having no jurisdiction when the issue had nothing to do with maritime law. Yes, even when dismissed, cases still have records that can prove why it was dismissed.
Sorry, just had to clarify before signing off for the evening.edit on 4-1-2013 by thelongjourney because: (no reason given)