January 7, 2013 at 2:45am
Challenging the Jurisdiction of ANY Court, anywhere!
By Robyna Choleton, 1-6-13
'Following are quotes issued by courts within the United States of America -- which attest to the fact that a court's jurisdiction over parties appearing before the court, may be challenged by any party, and at any time. A court, upon such challenge, is compelled to answer the challenge, and prove to the challenger's reasonable doubt that it, the court, possesses jurisdiction for a particular action before the court.
Typically, challenges to a court's jurisdiction pertain to criminal proceedings and prosecutions -- whereby an accused, or a defendant, may challenge a court's jurisdiction to adjudicate a criminal case. The maxim of law therefore, substantiated by numerous case cites, is that once challenged, a court's jurisdiction must be proven.
"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. US, 505 F2d 1026.
"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.
"The law provides that once State and Federal Jurisdiction has been challenged, it must be proven."
Main v. Thiboutot, 100 S. Ct. 2502 (1980).
"Jurisdiction can be challenged at any time." and "Jurisdiction, once challenged, cannot be assumed and must be decided."
Basso v. Utah Power & Light Co., 495 F 2d 906, 910.
"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)
"Once challenged, jurisdiction cannot be assumed, it must be proved to exist." Stuck v. Medical Examiners, 94 Ca 2d 751. 211 P2d 389.
"There is no discretion to ignore that lack of jurisdiction." Joyce v. US, 474 F2d 215.
"The burden shifts to the court to prove jurisdiction." Rosemond v. Lambert, 469 F2d 416.
"A universal principle as old as the law is that a proceedings of a court without jurisdiction are a nullity and its judgment therein without effect either on person or property." Norwood v. Renfield, 34 C 329; Ex parte Giambonini, 49 P. 732.
"Jurisdiction is fundamental and a judgment rendered by a court that does not have jurisdiction to hear is void, ab initio."
In Re Application of Wyatt, 300 P. 132; Re Cavitt, 118 P2d 846.
"Thus, where a judicial tribunal has no jurisdiction of the subject matter on which it assumes to act, its proceedings are absolutely void in the fullest sense of the term." Dillon v. Dillon, 187 P 27.
"Where a court failed to observe safeguards, it amounts to denial of due process of law, court is deprived of juris."
Merritt v. Hunter, C.A. Kansas 170 F2d 739.
"An action by Department of Motor Vehicles, whether directly or through a court sitting administratively as the hearing officer, must be clearly defined in the statute before it has subject matter jurisdiction, without such jurisdiction of the licensee, all acts of the agency, by its employees, agents, hearing officers, are null and void."
Doolan v. Carr, 125 US 618; City v. Pearson, 181 Cal. 640.
"When acting to enforce a statute and its subsequent amendments to the present date, the judge of the municipal court is acting as an administrative officer and not in a judicial capacity; courts in administering or enforcing statutes do not act judicially, but merely ministerially".
Thompson v. Smith, 154 SE 583.
"A judge ceases to sit as a judicial officer because the governing principle of administrative law provides that courts are prohibited from substituting their evidence, testimony, record, arguments, and rationale for that of the agency. Additionally, courts are prohibited from substituting their judgment for that of the agency. Courts in administrative issues are prohibited from even listening to or hearing arguments, presentation, or rational."
ASIS v. US, 568 F2d 284.
"Ministerial officers are incompetent to receive grants of judicial power from the legislature, their acts in attempting to exercise such powers are necessarily nullities." Burns v. Sup. Ct., SF, 140 Cal. 1.
"The elementary doctrine that the constitutionality of a legislative act is open to attack only by persons whose rights are affected thereby, applies to statute relating to administrative agencies, the validity of which may not be called into question in the absence of a showing of substantial harm, actual or impending, to a legally protected interest directly resulting from the enforcement of the statute."
Board of Trade v. Olson, 262 US 1; 29 ALR 2d 105.