Broken System

Is the legal system in America broken? If you feel it is, then you may be on a quest to find out where the break is. Why it is broken can be a timeless investigation into numerous conspiracy theories, however, the why and the where may have a connection that can be found in examining your own relationship to the American Legal System.

Our laws are composed of a Constitution, Statutes, and Case Law. These “written laws” make up the bulwark of conclusions that are used in the Court system to generate judgments and orders. The laws are quoted in various legal maneuvers known as motions, petitions, requests, arguments, etc. These maneuvers are also known as “Court Procedures”.

As it turns out, the “laws” also guarantee each person access to the procedures of the Court. This right to the process, guaranteed by the 5th and 14th Amendment to the U.S. Constitution is what allows a person to go to the Court, present a reasonable argument, subpoena witnesses and obtain a judgment, order, or decree. This is called “due process”.

A court can only make a decision in a case in which it has jurisdiction. Jurisdiction is a broad term that can be divided into two general areas. First there is “In Rem”, also called “jurisdiction of the thing”, or “subject matter jurisdiction”. Secondly, we have “In Personam”, or “jurisdiction over the person”. So basically there are two kinds of jurisdiction, one of the “subject matter”, and one of the “person”. Due to the complexities of the term jurisdiction, many courts have usurped or acted without or in excess of their power, or jurisdiction.

For purposes of this inquiry here, first we will focus on the “In Personam” jurisdiction, as this will reveal how the laws apply to each of us and the authority of the courts regarding us “personally”. So here are the questions. What requires you or me to follow the “laws” that the U.S. Congress or State Assemblies write? How do all the Statutes, Codes, and Court decisions (laws) apply to me?

When you allegedly violate the law, you are ordered to appear in court. This is where we must raise the jurisdictional challenge. However, the procedure is a special one that requires an understanding of how courts operate. Special means particular to you. It is up to the individual to take the proper steps to obtain the answers and get the court to drop the case if it lacks jurisdiction (In Personam).

Challenges to jurisdiction are raised before the trial and must be raised by Demurrer, or Motion to Dismiss depending upon the rules of the Court. Failing to follow the rules can cause a hearing officer to NOT hear a request or challenge.

When the burden of producing evidence falls upon the individual, and he or she fails to exercise the process that is available, it may appear that the legal system is broken, however this may not be true. Although it appears that the system is not working, in reality it is the approach of the person seeking the remedy that is not working.

Obtaining a remedy is somewhat like playing an instrument. It takes study of the theory, leaning basic fundamentals, and practice, practice, practice.