As covered in How Do Courts Gain Jurisdiction?, there are several ways in which Courts gain jurisdiction. There are several misconceptions (or tricks) that are used to gain jurisdiction. This article will be in the form of a Screenplay, with comments. For convenience, I have denominated the individual presuming to act as Judge with the word “Judge” but, of course, that is the very element to be determined, for without a Judge delegate, there can be no exercise of jurisdiction, except by consent, which, as we have seen, may be arrived at in several ways.
Dramatis Personae
Constable Jones, a Constable from the City Police Department
Judge Eve, A Putative Judge
Mister Smith, a man who fell asleep in a handicapped space
Eve: Constable Jones, call your next matter.
Jones: Calling Mister Smith, who fell asleep in a handicapped parking space without the proper permit contrary to section 123 of the Handicapped Region Act.
Smith: I am here in my own proper person to plead in abatement to the jurisdiction.
Eve: Mr. Smith, you are here for a traffic citation, not to play games. Would you like to step outside and discuss the matter with Constable Jones?
At this point, Eve is, knowingly or unknowingly, attempting to gain Smith’s voluntary submission, as an imparlance may only be had by leave of the Court.
Smith: No, if I do that I would be voluntarily submitting to the Court, because an imparlance may only be granted by leave of the Court.
Eve: I am afraid that you have read some things on the internet that are not good law, Mr. Smith, you should have an attorney because this is a very serious traffic citation.
Smith: No, if I do that it would also be a voluntary submission to the Court, as one may only appoint an Attorney by leave of the Court.
Eve: I see. Well, jurisdiction is a matter for trial, so I am going to enter a plea—
Smith: I demand to see sight and hearing of the commission by which you claim jurisdiction over me!
Eve was attempting one of the most vicious and stupid tricks that Judges and Lawyers use: she was attempting to confound personal jurisdiction, the capacity to have jurisdiction over Smith, with territorial jurisdiction. A short digression will make this clear. Jurisdiction may be divided into three sorts:
- Personal
- Subject Matter
- Territorial
Personal jurisdiction is the capacity to declare the law over a person: is that person subject to the individual claiming to the Judge? Subject matter jurisdiction is jurisdiction over a particular class of offenses. In this example case, subject matter jurisdiction is the capacity for the Judge, having personal jurisdiction, to adjudicate a ticket contrary to section 123 of the Handicapped Region Act. Territorial jurisdiction is a trial matter, because Jones would have to prove that Smith contravened section 123 of the Act at such a time (after it was passed) in such a place (where the Act was in force). For example, if it were an Act of Athens, and the events took place in Sparta, there would be no territorial jurisdiction before a Judge of Athens. Similarly, if the Act came into force at time t, and the events took place at time t-1, there would be no territorial jurisdiction, as territorial jurisdiction refers to “quando” and “ubi”, “when” and “where” the events took place.
Now we are left with the very real possibility that Eve is mentally incompetent and has no idea what Smith is saying: she is accustomed to dealing with individuals who have been conditioned to voluntarily submit to her authority. She may not have a commission in her pocket, and she may not understand that she has to read it. Further, her Commission might say very little of substance: it might simply say that she is made a Judge of some such Court, without specifying that she has jurisdiction over any particular persons, nor cognizance of any offenses.
Eve: I think you are a freeman on the land, and I am going to enter—
Smith: I am not a freeman on the land, I am a loyal subject of Her Majesty the Queen, and I am merely protecting her prerogative of jurisdiction from intrusion. You have no jurisdiction, and, therefore, I am leaving without day, and if you say another word or attempt to act in the judicial office, that is perjury, for you are like Lucifer, who attempted to make himself God’s equal, not being content with his subordinate estate.
Or something to that effect—basically, the idea is not that you are claiming you are not subject to ANY jurisdiction, it is that you are only subject to Her Majesty the Queen and her delegates.