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Jurisdiction is the Power and Authority of a Juridic Person to review, administer and issue certain Statutes or Ordinances. Jurisdiction most frequently applies to the power and authority of a Court to hear and adjudicate a matter, particularly in the publication of Ordinances. The word is also used to define the geographical area (territory) as well as the subject-matter to which the claimed power and authority of a Court applies. |
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The common understanding of jurisdiction |
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Jurisdiction is without question one of the fundamental elements that must be resolved prior to the commencement of any matter before any court in order to ensure any subsequent orders, bills, bonds, bailments, securities and sentences are lawful.
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Without even knowing the origin of the word, most people know that if a court does not have proper jurisdiction it cannot proceed with a case. We will be investigating both the common understandings of why as well as the deeper reasons in this article. But how is jurisdiction defined by the private Bar guilds and their private courts in order to understand how it is tested?
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The three ancient types of Jurisdiction |
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From the time of Anglo-Saxon law, well before the creation of “common law” in 1540 and then the private Bar guild “case law” of the 19th century, there were three (3) recognized elements to jurisdiction personal (persona), territorial (locus) and subject matter (subiecto):
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Personal jurisdiction is claimed authority over a person, often regardless of their location.
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Territorial jurisdiction is claimed authority confined to a bounded space, including all those (persons) residing therein and any events which occur there. It normally includes the sense of proper venue as it pertains to matters of law.
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Subject-matter jurisdiction is claimed authority over the subject of the legal questions involved in the case.
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Thus, if a court cannot establish uncontested jurisdiction of personal, territorial or subject-matter in accordance with ancient laws such as the laws of nations, then that particular court has absolutely no jurisdiction. |
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However, if a court can establish one or more arguments of jurisdiction then it may choose to proceed even though its imperfect jurisdiction on at least once count, may give rise to appeal. |
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Finally, a court that establishes all three forms of jurisdiction may be said to have "perfected jurisdiction" and therefore the argument of jurisdiction will not have any sound basis towards any appeal. |
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As far as nations and courts, most nations have more than one level of courts and more than one type of court, with the highest courts dealing with the most significant matters of law and the lowest sharing similar jurisdiction. |
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The Ecclesiastical and commercial importance of jurisdiction |
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It is one thing to follow a custom of claimed authority and to ensure such authority has been “perfected” before proceeding, but what is the deeper importance in law of Jurisdiction, particularly concerning our oath? Let’s look at the definition of the word.
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Jurisdiction comes from combing two ancient Latin words iuro = “to swear, make an oath” and dicio = “power, influence, authority (of word)”. The second part of jurisdiction is also claimed as dicere meaning “to speak, to argue” which is also valid. Therefore, Jurisdiction has an essential connection to the making of a sacred oath associated with speech or argument before “some authority or power capable of determining the validity of such speech or argument”.
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As a core function of the private Bar guild is the commercialization of our oath and honor through securities, bonds and bailments, it now makes perfect sense that such actions rely on the foundations of Jurisdiction as the making of a sacred oath associated with speech or argument before some authority or power capable of determining the validity of such speech or argument.
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If Jurisdiction is not perfected, then the commercial products produced by the private court of the private Bar guild will be defective. Yet Jurisdiction also reveals a deeper “ecclesiastical” nature of itself- That the place for such a hearing, for such a vow must before some suitable ecclesiastical power having the authority and competence to adjudicate.
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In other words, if the ecclesiastical authority of the court is properly challenged by an equal or higher ecclesiastical force, then by definition it cannot possess jurisdiction. Unfortunately, this deep and historic truth concerning the nature of jurisdiction is lost on many members of the private Bar guild who know little of the true nature of the foundation of their own laws.
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The standard approach of the private Bar guild to jurisdiction |
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In most private courts of the private guild of the Bar, establishing personal, territorial and subject-matter jurisdiction is relatively simple and fast so that in a few moments the court has perfected its jurisdiction simply by confirming the “name” of the accused, their “residence” and that they “understand” the charges against them. |
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In perfecting "personal" jurisdiction, the judge simply asks if you are (some name)? If you answer yes then you have established personal jurisdiction by virtue of the fact that the 1st Cestui Que Vie Trust created upon your birth conveyed your "name" from you to the state, with you only having equitable title. Name comes from the Latin nomen, meaning the name of a slave on a register. |
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In perfecting "territorial" jurisdiction, the judge simply asks for your residential address, or the location of the "res", the property. Once you answer any location within the boundaries of the nation-state then they have you on territorial jurisdiction. |
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Now when they say do you "understand" the charges against you, they are asking will you "stand under" the jurisdiction of the court to hear the matter. When you answer in the affirmative, they have perfected their jurisdiction - all in a matter of seconds. |
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How then do you challenge their jurisdiction? By considering some of the examples outlined on the following link here. |
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