Jurisdiction
What is jurisdiction?
Simply, jurisdiction is the right or power of an authority to exercise its control over a living body, people, artificial persons, subject matter, or territory.
Without jurisdiction, no man-made authority of any kind has the right or power to control a living man or woman.
A court's jurisdiction may be broken down into two categories:
In personam is a Latin phrase meaning “directed toward a particular person”.
Any court without a proper jury is an “administrative court” providing a dispute resolution service for consenting parties in the Admiralty Maritime jurisdiction of legal commerce. In such a court, in personam jurisdiction is NOT possible unless a man or woman consents, freely and knowingly, to “act” in “joinder” to an “artificial person”, a fictional legal NAME.
Any court with a proper jury is a “court of record” seeking moral and ethical outcomes for injured and accused parties in the Common Law jurisdiction of lawful justice. In such a court, in personam jurisdiction is only possible over a living man or woman if there is an injured party able to make a valid claim against the accused under oath, upon penalty of perjury.
In rem is a Latin phrase meaning power about or against “the thing”.
In rem jurisdiction refers to the power of a court over real or personal property, as distinguished from in personam jurisdiction which refers to the power of a court over a specific “person”. The extent to which a court exercises in rem powers may be defined by the court's subject matter jurisdiction. For example, a bankruptcy court only has subject matter jurisdiction over bankruptcy cases, while a small claims court only has subject matter jurisdiction over small claims up to a certain dollar amount. If a divorcing couple asks a court to supervise the sale of their family home, the court exercises in rem jurisdiction over the house.
Briefly, man-made jurisdiction over a living man or woman, is either:
So when it comes to jurisdiction, we can be “dead or alive”.
Simply, jurisdiction is the right or power of an authority to exercise its control over a living body, people, artificial persons, subject matter, or territory.
Without jurisdiction, no man-made authority of any kind has the right or power to control a living man or woman.
A court's jurisdiction may be broken down into two categories:
- personal (in personam)
- subject matter, or res (in rem)
In personam is a Latin phrase meaning “directed toward a particular person”.
Any court without a proper jury is an “administrative court” providing a dispute resolution service for consenting parties in the Admiralty Maritime jurisdiction of legal commerce. In such a court, in personam jurisdiction is NOT possible unless a man or woman consents, freely and knowingly, to “act” in “joinder” to an “artificial person”, a fictional legal NAME.
Any court with a proper jury is a “court of record” seeking moral and ethical outcomes for injured and accused parties in the Common Law jurisdiction of lawful justice. In such a court, in personam jurisdiction is only possible over a living man or woman if there is an injured party able to make a valid claim against the accused under oath, upon penalty of perjury.
In rem is a Latin phrase meaning power about or against “the thing”.
In rem jurisdiction refers to the power of a court over real or personal property, as distinguished from in personam jurisdiction which refers to the power of a court over a specific “person”. The extent to which a court exercises in rem powers may be defined by the court's subject matter jurisdiction. For example, a bankruptcy court only has subject matter jurisdiction over bankruptcy cases, while a small claims court only has subject matter jurisdiction over small claims up to a certain dollar amount. If a divorcing couple asks a court to supervise the sale of their family home, the court exercises in rem jurisdiction over the house.
Briefly, man-made jurisdiction over a living man or woman, is either:
- A matter of LEGAL commerce, in the Admiralty Maritime jurisdiction (Law of the Sea), requiring the consent of a man/woman to “act” in “joinder” to an “artificial person”. This is an “administrative court” with NO jury. The parties are legal fictions (dead).
- A matter of LAWFUL justice, in the Common Law jurisdiction (Law of the Land), requiring an injured party to make a valid claim against a man/woman under oath, upon penalty of perjury. This is a “court of record” with a jury. The parties are lawful facts (living).
Legal = Dead Fiction, in the Admiralty “Law of the Sea”
Lawful = Living Fact, in the Common “Law of the Land”
Lawful = Living Fact, in the Common “Law of the Land”
So when it comes to jurisdiction, we can be “dead or alive”.
Maxim of Law:
Legality is not reality.
