Court today.
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Author: LexScripta
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Court today.
06-08-2012, 08:56 AM
Post: #1
Court today.
Had traffic court today. The judge actually set aside a hearing of my motion. (Marcs template)

Its a blur, but basically I asked for the nature and cause of the accusation, and he said it was a traffic ticket. I said "I know what it says, What I want to know is the nature and cause. Is it equity?"

"No" its "quasi criminal".

'Judge, at the beginning of the court you told everyone it the court room it was a "Court of Law". Does that mean it is common Law?'

I cant remember the response, it might have been something along the lines of quasi criminal.

I asked several times what the nature and the cause of the proceedings were.

He kept saying I cannot ask questions to him.

Then the fun came.

I have never heard of a judge doing what he did today. He basically made a mockery of the motion in open court and elaborated point by point why the motion was baseless. He told the court that he carefully read the motion, and he did. He had copies of his own and prepared an answer. I saw his sheet. He must have spent a few hours on it. His dissertation was at least 7-10 minutes long. He quoted everything in the motion, and basically said that there IS A CORPUS DELECTI because the cognizable interest is the peoples safety, or something to that effect.

Motion Denied.

I object.

You can object all you want - Motion denied.

Exception.

He rolls his eyes.

I make a demand for verified complaint at that point.

Motion denied.

Whooo Wheee!

He says how do you plea?

I cant plea without know the nature and cause of the proceedings.

I'll enter a plea for you.

I object.

Etc.

Court is set for July 13.

Sorry not more informative, but there is no way I could keep track of everything that was going on.
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06-08-2012, 09:23 AM
Post: #2
RE: Court today.
Lex,

Thanks for the update. It sounds as though you're getting your money's worth in fun, if nothing else. I'm guessing that you didn't have a recording device for this event. Maybe next time you can arrange to record it all for the benefit of yourself and the world in general.

- NonE

- NonE Sister Sleazious .).

"I just don't understand how this happens." Undecided
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06-08-2012, 06:33 PM
Post: #3
RE: Court today.
For the quasi part, if you feeling bold, ask if you can pay the fine in quasi-money.

Ask what rules if any govern these procedures.

Ask about the burden of proof.

Per the cognizable interest, you could point out that no such accusation is presented in the complaint as it was filed, and even if true there is no facts suggesting the Mr. prosecutor is representing anyone except himself.

I believe there are also be grounds to disqualify this judge, as he was acting as a witness (opinion that that a certain act presented a hazard) and acting as a prosecutor (reading accusations into the complaint that were never filed by the prosecuting autonomy or cop). Either of which are huge no-no's.

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06-08-2012, 08:23 PM
Post: #4
RE: Court today.
What exactly is the legal definition of "Quasi Criminal"? I'm looking in my Black's Law Dictionary revised 4th Edition... no such animal in there

Quasi Lat. "As if; almost as it were: analogous to. This term is used in legal phraseology to indicate , that one subject resembles another, with which it is compared. in certain characteristics, but that there are intrinsic and material differences between them."
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06-08-2012, 08:39 PM
Post: #5
RE: Court today.
(06-08-2012 08:23 PM)peach1 Wrote:  What exactly is the legal definition of "Quasi Criminal"?


Dat would be YOU! Big Grin

- NonE

- NonE Sister Sleazious .).

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06-08-2012, 08:50 PM (This post was last modified: 06-08-2012 08:51 PM by WorBlux.)
Post: #6
RE: Court today.
(06-08-2012 08:23 PM)peach1 Wrote:  What exactly is the legal definition of "Quasi Criminal"? I'm looking in my Black's Law Dictionary revised 4th Edition... no such animal in there

Quasi Lat. "As if; almost as it were: analogous to. This term is used in legal phraseology to indicate , that one subject resembles another, with which it is compared. in certain characteristics, but that there are intrinsic and material differences between them."

It mean "it's really criminal, but we don't have the time for money to apply all the criminal rules and processes"

Another alternative definition might be "bend over and take it"

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06-08-2012, 09:15 PM (This post was last modified: 06-09-2012 02:36 PM by LexScripta.)
Post: #7
RE: Court today.
(06-08-2012 09:23 AM)NonEntity Wrote:  Lex,

Thanks for the update. It sounds as though you're getting your money's worth in fun, if nothing else. I'm guessing that you didn't have a recording device for this event. Maybe next time you can arrange to record it all for the benefit of yourself and the world in general.

- NonE

Well, actually - there is a transcript. They recorded the whole thing and I am waiting for the cost for a copy.

By the way - There is one thing that I did different. I filed an Affidavit of Fact. I have been to court before - this same court, and Marcs template helped me get it reduced to a parking ticket. However, I think you need to get the fact that there is no injured party on the record - I did it by saying that the cop never indicated that there was an injury, harm, or violation of a legal right. They rebutted that presumption, but the question is - will it stand on appeal.

I believe you MUST have an affidavit with your motion. Especially if there is not a record. You have to make the record. The courts have held many times that an unrebutted affidavit, stands.

I also dont believe we should argue our motions. That may end up being fatal for me. However, he gave no reason as to why he denied my demand for a verified complaint, which I did in open court. That may be fatal for them.

There are many things I did wrong, in retrospect. The judge baited me a couple of times, and I took the bait. However, I didnt expect for the judge to go to soooooo much trouble to rebut that motion. Interesting.

The prosecutor kept saying to the Judge: "I dont know what he is talking about". I felt like saying - Thats why you have that job, doofus!

The judge said something about the "rebels" of the declaration of independence. I said "Excuse me?" He moved on, saying that the clause where the declaration says: "it is the Right of the People... to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. " means that the traffic laws fit perfectly with that theme. He said "otherwise, you'll have people driving a hundred and ten miles an hour where there are children playing".

I have to win this case, even if it means money and appeal. How else am I going to learn how to battle in court? Wink

I have Marcs motion template for disqualifying a judge, but I am going to need help knowing what to put in there. I have sent Marc an email for a teleconference.
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06-09-2012, 02:35 PM
Post: #8
RE: Court today.
(06-08-2012 06:33 PM)WorBlux Wrote:  For the quasi part, if you feeling bold, ask if you can pay the fine in quasi-money.

Ask what rules if any govern these procedures.

Ask about the burden of proof.

Per the cognizable interest, you could point out that no such accusation is presented in the complaint as it was filed, and even if true there is no facts suggesting the Mr. prosecutor is representing anyone except himself.

I believe there are also be grounds to disqualify this judge, as he was acting as a witness (opinion that that a certain act presented a hazard) and acting as a prosecutor (reading accusations into the complaint that were never filed by the prosecuting autonomy or cop). Either of which are huge no-no's.

Yes, he did a good job of getting me off point. I wanted to ask if it was an administrative hearing. I like your idea of asking what rules apply.

As to feeling bold, yes, I was fine - I was just mostly nervous about placing my legal redress at risk, so I was trying to be careful. I think with more experience/roll playing me, or anyone else could do a whole lot better. There simply is no one to bounce these legal procedures off of.
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