Private Administrative Processes
What is a "Private Administrative Process"?
Private administrative processes can be witnessed by a notary public, meaning the notary mails your documents to the Respondent(s) with the notary's Proof of Service, and their replies (if any) come to you through the notary so the notary can note whether or not a response was received. The notary can then complete the process by issuing a Notice of Non-Response if no valid replies were received. On the other hand, documents can be sent out by the Affiant by certified mail and if the dispute is not settled, bring a copy of the entire process to a notary public who is familiar with Protest, or Certificate of Dishonor method.
The documents listed below are different types of affidavits which can be issued by you, the claimant. The basic procedure in all of them is issuance of a claim (affidavit) which, if unanswered, is followed by a Notice of Fault and then a Notice of Default. Generally, billing would follow which are demands (at least 3 of them) for payment or performance. If you want the other party's dishonor to be certified, then the notary can undertake a Protest that details which party is in dishonor and is an administrative judgment. That is called a Certificate of Dishonor or Default.
Note: For all admin. processes below, we can do the documents for you based upon the facts you give us OR we can send you templates that you then customize to your own needs. We've also developed a third way where we can prepare your initial document (the claim), and you handle the rest which are easier to do. See prices on the pages linked to below.
The Administrative Remedy
The "mother" of administrative processes, sometimes called the "International Commercial Claim" which is the name of the first affidavit in the process. It contains 9 affidavit templates in addition to notary Proof of Service and Non-Response documents. Besides the basic, admin. process of initial claim, Notice of Fault, and Default, it also provides demands for payment, the notary's Certificate of Dishonor/Default and a lien template. It is a very complete and thorough process.
Also known as the process for Simple Justice. People have used this with their own variations but the initial claim is generally a "Notice and Demand", followed by an Opt-Out Presentment, a Further Notice of Commercial Grace, and finally, the Notice of Default.
Conditional Acceptance for Value for Proof of Claim
Even though you'd like to refuse a demand for money or performance that is being made upon you, this process is used in an effort to remain in honor. You agree to do as they ask, conditioned upon their proving that the claim upon you is valid. If you're dealing with the IRS, there are additional files to help you construct a proper CA (Conditional Acceptance).
For example, the International Commercial Claim in Admiralty... http://www.webmavin.com/AdminRemedy.html
The Administrative Remedy Process
This INTERNATIONAL COMMERCIAL CLAIM IN ADMIRALTY process was originally developed for use in mortgage matters (a more effective and quicker remedy for mortgages can be reviewed here), but it can be adapted for other uses. It is a non-judicial way to bring your grievances up to whomever has harmed you, give them a chance to explain themselves and settle the matter on a private, ‘person-to-person’ basis. It is very powerful and is currently being used only after a "friendlier" process has not settled the matter.
There are 8 steps to the Remedy, most of which are served on the Libellees (those who you perceive as having damaged you) by a “Notary Witness”: a public officer commissioned by the Secretary of State (executive branch), who acts as a third party witness to your communications with the other parties and your good-faith efforts in exhausting your administrative remedies. Each of your documents is mailed to the Libellees by the notary using certified mail if domestic, with a ‘green receipt card’ attached, proof that the package reached it’s destination, was accepted, and will be returned to the notary. Registered mail was established by law, under the U.S. Constitution, and is recognized internationally.
The first 3 documents are Notices of the Claim you are bringing against your opponent. In the first communication, statements are made which they are supposed to respond to. Should you be wrong in any of your statements, abundant opportunity for the Respondent to correct your mistaken belief is given. If no response is made after communicating with them 3 times, your statements are deemed agreed with and settled. The initial Notice of claim also contains a True Bill which is the detail of your damages and a total of the amount you are demanding.
Document #4 is a Notice of Dishonor from the notary witness, certifying that s/he has not received any responses. Then starts your three Demands for payment (#5, 6 & 7). The 8th document is the Certificate of Dishonor (COD), a statement from the notary reciting the history of when each Notice was sent out, when the return receipt card came back, and whether or not there were any responses. The 4th and the 8th steps are notary’s documents to you. The 4th doc., Non-Response, is sent only to you. The 8th doc., the COD, is sent to you with a courtesy copy to the Libellees via first class mail.*
If you do not have a local notary willing to act as witness, we have notaries on staff who can serve in that respect. You will need to have your signature acknowledged by a local notary on most of the documents. Using 2 notaries may actually make the documents ‘stronger’ as you have 2 officers of the state verifying your actions.
To avoid confusion, please send us your instructions. Complete our Instruction Form and either submit on-line or print and send with your paperwork.
* There is a 9th document which is an Affidavit of Obligation which is a lien. We can prepare this for you too but it is priced separately at either $300 or $350, depending upon the complexity of the matter.
the Commercial Affidavit remedy... http://www.webmavin.com/CommercialProcess.html
Using a Commercial Process
for Simple Justice
This process is based on Mosaic law and comes out of the rules of commerce that has stood the test of ages:
A workman is worthy of his hire
All are equal under the law
In commerce, truth is sovereign
Truth is expressed in the form of an Affidavit
An unrebutted Affidavit stands as truth in commerce
An unrebutted Affidavit becomes the judgement in commerce
In commerce, a matter must be expressed to be resolved
He who leaves the battlefield first loses by default
Sacrifice is the measure of credibility (no willingness to sacrifice = no liability, responsibility, authority or measure of conviction)
A lien or claim can be satisfied only through rebutting by affidavit point by point, resolution by jury, or payment
There are 4 documents in this process. The following descriptions are how they've been used effectively in the past and the time frames are those typically used in commerce. Whether they are used "as is" or revised, you own them by using them.
1) Notice & Demand (Affidavit) - All the allegations and claims against the people you name are laid out in affidavit form. It's best to find the laws or statutes for your state that have been violated as listing them will give your Notice & Demand more authority. There is a 10-day time frame for the respondents to answer.
2) Opt-Out Presentment with Opportunity to Cure - If no responses to #1 are received by the notary, this document reminds them what needs to be done to correct the harm that has been done to you and tells them the monetary value of same, giving them the option of paying you for the damages. It also lets them know the steps you may take in order to collect on the damages. They are given 20 days in which to answer.
3) Notice of Further Ending of Commercial Grace - Another reminder to correct or pay for harm done and lets them know how you will calculate damages if your demand is ignored. 10 days is given to answer.
4) Notice of Default / Notary Certificate of Non-Response - A summary of what the Respondent(s) have agreed to by their silence or by their defective replies. Notary's Certif. of Non-Response recites the dates that each document was sent out and whether or not there was a response.
As more and more people desire to settle their matters privately, use of notaries to provide witnessing and verification services is becoming more popular. Make sure you add the witnessing notary's name and address within or at the end of your documents for your Respondent(s) to send their replies to. If you are using one of our notaries, ask us for that information. If responses are received the notary will contact you for directions. If the notary does not contact you within a reasonable period of time, it's best to get in touch with him/her to verify that nothing has been received before going ahead with the next document.
Handling the Process
This process was developed from research, study and use of the process originally published in an article by Alfred Adask in AntiShyster magazine in the 1990s. This information is available on the web at: http://www.buildfreedom.com/tl/comliens.shtml and also at http://usa-the-republic.com/jurispruden ... liens.html.
When last checked, these links were good. If they become disfunctional, kindly advise us.
Tendering a Donation and Other Technicalities
There are two ways in which your Commercial process can be handled, depending upon your skill with using a word processor.
1) Develop your Commercial Affidavit to your own needs from samples of the documents described above which can be e-mailed to you for a suggested donation of $50 to cover our time in getting them to you and for answering any questions you may have. You can then mail your customized, signed & locally notarized documents to us for our notary public to serve.
Notary Witness of your process - $250 for all 4 steps, covers notary fees, typing, postage and serving on the Respondents by Certified mail. Additional fees may apply if more copies need to be made; if the documents are very long, thereby adding to postage costs; or if there are mailings to multiple addresses, etc.
2) Send us the facts in your matter and we can do your document preparation. Stated pricing below includes word processing, Certificate of Mailing, copies, postage and certified mailing fees for up to 2 Respondents at the same address provided that your document(s) are not more than 40 pages. Please add $10 more per each additional Respondent(s) at different addresses to each document to cover certified mailing fees, postage, copying, etc.
Preparation of Notice and Demand up to 6 pages
Opt-Out Presentment - Opportunity to Cure
Notice of Further Ending of Commercial Grace 100
Affidavit of Notice of Default 100
Notarial Certificate of Non-Response
A Note about prep. of initial claim above: It is priced at $350 but if we have to dig your issues out of a pile of papers, this price will increase by at least $100. The price above is for your claims/allegations clearly written or typed out.
To avoid confusion, please send us your instructions. Complete our Instruction Form and either submit on-line or print and send with your paperwork.
If you have a matter you'd like to get started on, contact us as below (e-mail preferred) with any questions you may have, or send us the details of your matter, contact information, etc., and payment in a Postal Money Order, preferably with the 'pay to' line left blank.
Penny Pincher Press
1143 Northern Boulevard, #154
Clarks Summit 18411 Pennsylvania
PayPal or credit card (click here). Please be aware that PayPal processes credit cards for us and if you are not a member, they will want you to open an account with them. If you choose the credit card/Paypal donation option, kindly add an additional 2.9% on amounts over $350 since that is the fee they take for their services. That would be $21.75 on $750. Thanks!
and the Conditional Acceptance... http://www.webmavin.com/CondAccept.html
Conditional Acceptance for Proof of Claim
A Conditional Acceptance is used when a demand for payment or performance (a 'presentment') is made upon you to which you do not agree. You accept the adversary's presentment and agree to perform as they demand but only upon receipt of their proof of claim that you have any liability to them, such as a lawful contract or any other proofs you may need to convince you of the validity of their demands.. This is a way to avoid arguing so that should there be an attempt at litigation, it can be shown that there is no controversy since you never refused to perform but merely asked for some proof of why performance on your part would be appropriate. Cases are brought to court for argument. If there is no argument, there is no case.
Your documents are most effective when served by a notary public with responses directed to the notary so that at the completion of the process, if the matter is not settled, the notary can issue a detailed Notice of Non-Response.
Conditional Acceptance Preparation Service
We can prepare (type) your CA and have one of our notaries serve your documents with a notary's Certificate of Mailing and witness the process as it goes along. After the time for your Respondents to answer your allegations has passed and if the other party hasn't answered, a Notice of Fault with an Opportunity to Cure can be sent to them, followed by an Affidavit of Default. If they do not reply, or send a defective response, the notary will then supply you with a Notarial Certificate of Non-Response.
Main Site: http://www.webmavin.com/
Clearly, they offer notary / process serving services.... http://www.webmavin.com/Portal.html
They mention various methods of the "Private Administrative Process"... http://www.webmavin.com/PAP.html
What is 'Private Administrative Process'?
Private administrative process ("PAP") is a series of documents (usually 3 or 4) in affidavit form. That means they are signed in front of a notary public who verifies the identity of the signer. It's also known as an Acknowledgment.
Your affidavits are sent from one private individual to another for the purpose of settling a dispute. If the matter is very serious, the affiant (the one who signs an affidavit; the sender) may want to have a 'Jurat' at the end of the document which means the contents of the document are sworn to, rather than the affiant just having his or her identity acknowledged.
A typical Acknowledgment may look like this:
New York State )
Kings County )
On this, the _____ day of ____________, 2013, before me a notary public, the undersigned officer, personally
appeared __________________________________, known to me (or satisfactorily proven) to be the wo/man whose name is subscribed to the within instrument, and acknowledged that s/he executed the same for the purposes therein contained.
In witness hereof, I hereunto set my hand and official seal.
but a jurat has this wording:
State of _____________________
Subscribed and sworn to (or affirmed) before me this ______ day of ____________, 2012, by (Name of whomever making the statements) who proved on the basis of proper identification, to be who s/he claimed to be.
Generally, a PAP would consist of an initial document which states what the dispute is about, the facts as the affiant sees them and what action the affiant would like the respondent to take in order to settle the dispute. The parties to a PAP can also be referred to as the declarant and respondent, libellant and libellee, or some other such terms. The respondent(s) -- there can be more than one respondent -- are supposed to answer the affiant in affidavit form as well. This is why it is best directed to a private individual even if the dispute is with a corporation. Someone there can take responsibility for the corporation's actions by having his or her signature acknowledged on a reply so that affiant and respondent are at parity.
If there is no response, or if a response is made that is defective, meaning it did not answer the questions or address the statements made, then a Notice of Fault is sent, telling the respondent that the time given for answering has past but that s/he is being allowed more time as a courtesy. The time now given is usually 10 or 20 days but can be as little as 3 days depending upon circumstances. The respondent can also be notified of the consequences of not answering, which would be the action you intend to take if they don't try to settle the dispute, or the amount they'll owe.
The final document is the Notice of Default in which you can re-state all they've agreed to by their silence or defective response(s). After Default, billing can be done, usually at least 3 times, requesting payment for any damages due to the Affiant or requesting whatever performance needs to be carried out.
For greater effect, a notary public can be asked to witness the PAP which means that all documents in the process pass through the hands of the notary so a record can be made. At the end of the process, if no agreement or compromise between the parties was reached, the notary can then create a report of when documents were sent, how much time was given for the respondent to answer and whether or not there were any responses. This is called a Notice of Non-Response and carries more weight than if you or a friend acting as a witness write your own Non-Response. As an agent of the Secretary of State, the notary is a public official who acts in an arms-length, impartial manner.
If your process demanded payment of damages or some performance from the respondent, instead of having the notary issue the Notice of Non-Response after the Default, the notary could serve your bill to the respondent. That is generally done three times at least 10 days apart. After that is finished, then the Notice of Non-Response can be issued for a more complete process.
CERTIFICATE OF DISHONOR/DEFAULT ("COD") METHOD:
There is one final step that can be taken, and that is a method which is sometimes called 'Notary Protest' which term refers back to the days of lawful money of substance (gold and silver) when notaries only protested dishonored payment instruments, like a bank refusing to pay out a check drawn on an account in its records. Being that there is no substance money and all credit is created from the people, all public acts are commercial -- have monetary value -- and so the COD method was developed.
The way the COD works is, after a process has completed, a copy of the documents used in the process is turned over to a notary with an affidavit describing the steps taken in the process and requesting the COD method be performed because of the lack of proper response (dishonor). Usually, the affidavit requesting the COD service isn't necessary if the COD is being done by the same notary who witnessed the process and issued the Notice of Non-Response.
The notary then does his/her own process which consists of an initial Notice of Dishonor which explains to the respondent that the affiant requests that the documents used in the process be re-presented to give them another chance to resolve the issue. If there is no proper response after ten days, then the notary sends a Notice of Fault usually allowing an additional three days to answer. If no answer is forthcoming -- and that can even be a request for more time in which to answer -- then the notary issues a Certificate of Default if the respondent is a government agency or a Certificate of Dishonor for any other type of entity. The COD is also an administrative judgment since all aspects of due process of law have been met.
Many people like to have the Secretary of State apply an apostille to the COD. An apostille is meant to be used when a document will be used in a foreign jurisdiction where the laws and language are not the same as in the U.S. of A. It is also known as 'Authentication of Documents' which is a U.N. Convention under which the countries signing on to that Convention agree to honor each others documents as long as the documents bear an apostille (have been authenticated). As Americans became frustrated with their documents being ignored in the corporate courts and by other corporate entities, and also being aware that their private "flesh and blood" venue is foreign to the corporate venue, apostilles started being used as a way to gain greater recognition and acceptance for their documents. This strategy, however, is being met with increasing resistance, but we feel that the concern and frustration that resistance is causing is completely unnecessary.
Any document brought to the state office for an apostille must necessarily contain the signature of a man or woman that has been acknowledged. The reason an apostille supports a document's authenticity is based upon an agent of the state having verified the signer's, or affiant's, identity. As long as that agent of the state -- a notary public -- is properly commissioned and in good standing, then it is accepted that the man or woman's signature on the document is authentic and, therefore, the document is legitimate. I do hope the reader grasps what this means. It is the fact that a living man or woman issues the document for the purposes stated therein that gives it authority, NOT the paper with the fancy seal from the secretary of state. The paper with the fancy seal is only saying that your public servant has verified that the signature of the living being has not been forged.
If you are insistent on having a state certificate on your document, you can get a Notary Certification which is a document saying that the notary who acknowledged your signature is in good standing with the state.
HANDLING THE COD:
There are two ways that CODs can be used. It, together with the entire PAP, can be used as the basis of a Complaint for Declaratory Judgment which can be brought into court for an administrative review by an attorney or a judge. If the reviewing officer finds that the process was done correctly, that all parties received proper due process of law, then an order of Declaratory Judgment will be issued.
The other option is to create a lien based upon the PAP and the COD for filing in the Uniform Commercial Code office in the Respondent's state. Usually that is in the Secretary of State's office but a few states have it under the Dep't of Finance or the District Court.
The lien needs to contain the proper elements with which we can help you, the cost depending upon the complexity of your matter. Once filed, the lien takes 90 days to 'cure', during which time it can be challenged. After the 90 days, it becomes an asset as an account receivable.
They also mention the 7 elements of jurisdiction... http://www.webmavin.com/7elements.html
THE 7 ELEMENTS OF JURISDICTION
In order for any government agency, subsidiary or law to be applied to an individual American Citizen, it must be first proved or assumed that the government has jurisdiction in this matter over that particular individual for that time. Specifically, before an individual can be charged and convicted with a crime, the government official or agency must prove jurisdiction. This is seldom accomplished, and many individuals lose a case and even go to jail when no one has proved this legally essential issue.
No where is this more common than in Internal Revenue Service cases against so-called tax protesters. The IRS almost never attempts to prove jurisdiction. In fact, jurisdiction is almost never even addressed. If the individual is correct in his/her claims that he/she is not a taxpayer as defined in the Internal Revenue Code, then the IRS HAS NO JURISDICTION! With no jurisdiction comes no case and no conviction! But to win, jurisdiction MUST be challenged by the individual, and if challenged successfully, the case is dismissed.
There are seven elements of jurisdiction, all of which must be proved by the prosecution if challenged. If not challenged, it will ALWAYS be assumed by the court that competent jurisdiction is proved and accepted by all parties. If any element of the seven is not proved, the case must be dismissed. The normal process in a case against a so-called tax protester is to ignore the jurisdiction issue altogether, or else to challenge jurisdiction while at the same time conforming to procedures and requirements that assume jurisdiction. In other words, one cannot allege the IRS has no jurisdiction over one while at the same time one continues to file a Form 1040 each year.
In the very few IRS cases where jurisdiction is challenged, almost always the judge will proclaim jurisdiction from the bench. ["It is the opinion of this court that the prosecution has jurisdiction in this case, and exercises it regularly, almost every day. I don't think we need to go through all that today."] This is a total violation of law and accepted court procedures. But most federal judges won't let that stop them! But the one alleging jurisdiction must prove jurisdiction if jurisdiction is challenged. Usually the defendant charged with a crime is too intimidated or ignorant to successfully challenge a judge on this, but the judge MUST be challenged if he/she proclaims that the prosecution (IRS) has jurisdiction in this case. If he/she is not successfully challenged, almost always the individual will lose the case.
One of the easiest and most common means of alleging jurisdiction on the part of the prosecution (IRS) is to refer to the accused as a "taxpayer." If that word is ever used in reference to the so-called tax protester," it MUST be immediately challenged. [“I object, your Honor. The prosecution has just labeled me a taxpayer. Whether or not I am a taxpayer is the very root issue in this case, and has not been proven by the prosecution. I respectfully request that the word 'taxpayer' be stricken from the record and that the prosecution be instructed to not use that word again until it has proven that I am indeed a taxpayer.”] If the defendant does not challenge that word, and similar techniques used by the IRS, the judge will have legal justification to assume jurisdiction. Of course, if the defense has done its job, the issue of taxpayer and jurisdiction would already be established. The time to challenge jurisdiction is at the beginning of the trial, not at the end when it looks like the individual is
about to lose. If jurisdiction is to be successfully challenged, it must be at the very beginning of the trial. To allow the trial to continue at all is to admit to jurisdiction. Below are the seven issues of jurisdiction in any and every court case. Remember, if any one of these seven are not proven beyond a reasonable doubt, the case cannot continue.
1. The accused must be properly identified; identified in such a fashion there is no room for mistaken identity. The individual must be singled out from all others; otherwise, anyone could be subject to arrest and trial without benefit of "wrong party" defense. Almost always the means of identification is a person's proper name, BUT, any means of identification is equally valid if said means differentiates the accused without doubt. (By the way, there is no constitutionally valid requirement that you must identify yourself to the judge or to anyone.) For stop and identify issues (4th Amendment) see Brown v. Texas, 443 US 47 and Kolender v Lawson, 461 US 352.
2. The statute of offense must be identified by its proper or common name. A number is insufficient. Today, a citizen may stand in jeopardy of criminal sanctions for alleged violation of statutes, regulations, or even low-level bureaucratic orders (example: Colorado National Monument Superintendent's Orders regarding an unleashed dog, or a dog defecating on a trail). If a number were to be deemed sufficient, government could bring new and different charges at any time by alleging clerical error. ("I'm sorry, your Honor. I assumed that the regulation indicated by that number was a legitimate statute. My secretary must have made an error.") For any act to be triable as an offense, it must be declared to be a crime. Charges must negate any exception forming part of the statutory definition of an offense, by affirmative non-applicability. In other words, any charge must affirmatively negate any exception found in the law. Example of exception from a case where someone was on trial for Section 7203, Willful Failure to File(a Form 1040): "... thereof to make a return (other than a return required under authority of 6015)... Indictment or information is defective unless every fact which is an element in a prima facie case of guilt is stated. The assumption of an element is not lawful. Otherwise, the accused will not be thoroughly informed. 26 USC 6012 is a necessary element of the offense. Since 6012 isn't cited, the information is fatally defective. Additionally, the information did not negate the exception (other than required under authority of section 6015)." After reading 6012 and 6015, and knowing that the essential section 7203 elements are: A. Required to perform. B. Failed to perform. C. Failure was willful you may wish to ask, "how often is a valid Section 7203 indictment or other information or indictment brought? Very seldom. How many citizens have been convicted on a fatally defective process? Perhaps thousands, all with the knowing or willing participation of a federal judge. It is the judge's job to assure that justice is accomplished. But the judge will almost always stop short of doing
his/her job and wait until the defense takes the important steps. The fact that most defense attorneys don't know how to fight a case against the IRS doesn't seem to matter to the judges. Nor does it seem to matter to the judge.
3. The acts of alleged offense must be described in non- prejudicial language and detail so as to enable a person of average intelligence to understand nature of charge (to enable preparation of defense); the actual act or acts constituting the offense complained of. The charge must not be described by parroting the statute; not by the language of same. The naming of the acts of the offense describe a specific offense whereas the verbiage of a statute describes only a general class of offense. Facts must be stated. Conclusions cannot be considered in the determination of probable cause.
4. The accuser must be named. He may be an officer or a third party. Some positively identifiable person (human being) must accuse. Some certain person must take responsibility for the making of the accusation, not an agency or an institution. This is the only valid means by which a citizen may begin to face his accuser. Also, the injured party (corpus delicti) must make the accusation. Hearsay evidence may not be provided. Anyone else testifying that he heard that another party was injured does not qualify as direct evidence.
5. The accusation must be made under penalty of perjury. If perjury cannot reach the accuser, there is no accusation. Otherwise, anyone may accuse another falsely without risk.
6. To comply with the five elements above, that is for the accusation to be valid, the accused must be accorded due process. Accuser must have complied with law, procedure and form in bringing the charge. This includes court-determined probable cause, summons and notice procedure. If lawful process may be abrogated in placing a citizen in jeopardy, then any means may be utilized to deprive a man of his freedom. All political dissent may be stifled by utilization of defective process.
7. The court must be one of competent jurisdiction. To have valid process, the tribunal must be a creature of its constitution, in accord with the law of its creation, i.e. (article III judge).Without the limiting factor of a court of competent jurisdiction, all citizens would be in jeopardy of loss of liberty being imposed at any bureaucrat's whim. It is conceivable that the procedure could devolve to one in which the accuser, the trier of facts, and the executioner would all be one and the same.
The first six elements above deal primarily with the issue of personal jurisdiction. The seventh element (also element #2) addresses subject matter and territorial jurisdiction. Subject matter jurisdiction is conferred by acts controlled by law; territorial jurisdiction attaches by venue of the parties in relation to the court and to any trans- jurisdictional acts and/or activities of the parties (extended territorial jurisdiction is conferred by controversial long-arm statutes).
SUMMING UP the LAW and the POLITICS
Lacking any of the seven elements or portions thereof, (unless waived, intentionally or unintentionally) all designed to ensure against further prosecution (double jeopardy); to inform court of facts alleged for determination of sufficiency to support conviction, should one be obtained. Otherwise, there is no lawful notice, and charge must be dismissed for failure to state an offense. Without lawful notice, there is no personal jurisdiction and all proceedings prior to filing of a proper trial document in compliance with the seven elements is void. A lawful act is always legal but many legal acts by government are often unlawful. Most bureaucrats lack elementary knowledge and incentive to comply with the mandates of constitutional due process. They will make mistakes. Numbers beyond count have been convicted without benefit of governmental adherence to these seven elements. Today, informations are being filed and prosecuted by "accepted practice" rather than due process of law.
See Corpus Juris Secundum (CJS), Volume 7, Section 4, Attorney & client: The attorney's first duty is to the courts and the public, not to the client, and wherever the duties to his client conflict with those he owes as an officer of the court in the administration of justice, the former must yield to the latter. Clients are also called "wards" of the court in regard to their relationship with their attorneys. After you have read the foregoing, ask your attorney to see a copy of "regarding Lawyer Discipline & other rules" Also Canons 1 through 9.
Corpus Juris Secundum assumes courts will operate in a lawful manner. If the accused makes this assumption, he may learn, to his detriment, through experience, that certain questions of law, including the question of personal jurisdiction, may never be raised and addressed, especially when the accused is represented by the bar. (Sometimes licensed counsel appears to take on the characteristics of a fox guarding the hen house.)
Jurisdiction, once challenged, is to be proven, not by the court, but by the party attempting to assert jurisdiction. The burden of proof of jurisdiction lies with the asserter. The court is only to rule on the sufficiency of the proof tendered. Se McNutt v. GMAC, 298 US 178. The origins of this doctrine of law may be found in Maxfield's Lessee v Levy, 4 US 308.
NOTE: Today the courts are unconcerned with questions such as whether or not the 16th or 17th amendments were ever lawfully ratified. If the courts were to address this type of question honestly, the government, with its huge bureaucracy and patron special interests would be placed in jeopardy. This potential threat is not allowed nor will it ever be. It is much easier for the courts to label such potential threats as political questions, point to the lateness of the clock and refuse to hear or rule. Whatever the political jugernaut does, it uses the facade of law to justify or reconcile it. The only way such questions will have force and effect is if the general public becomes aware and concerned with justice being based upon law and not just policy based on a facade of law.
If you doubt such words, please be assured that they are not just words but are, in fact, and articulation of the unwritten, unspoken, present public policy, as enforced by the courts in dealing with challenges to governmental acts and authority. For documentation, see US v WAYNE WOJTAS, 85 CR 48 in the US District Court for the Northern District of Illinois, Eastern Division and Judge Shadur's opinion on the 16th Amendment. You will see the beginnings and threat of disbarment of a certain "aggressive" licensed attorney.
To be truly effective in the courts in any challenge to governmental power and authority, the challenger must possess a good understanding of politics. This is especially so since government and the courts are primarily concerned with a public perception of the balancing of the scales of justice rather than the attainment of true justice under the law.
Once it is realized that the court is primarily concerned with politics, it then becomes necessary for any challenger to become proficient in the political arena. By politics, we speak not of the electoral process, but of the politics of association.
Keeping this in mind, and truly understanding the concept, a man accused of breaking a "rule" for which he may suffer penalties of imprisonment, fine and costs without benefit of trial or Constitutional safeguards, may very will consider bringing a criminal charge against himself directly in court and thereby blunt his adversaries' attack. To the uninitiated, this may sound like madness, but to the political scholar destined to appear before a "master" to answer to alleged rule violation of the unauthorized practice of law, the self-accusatory route to the courts may be the only hope of victory; both legal and political.