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Secretary of State as a CORPORATION the Prosecution has FAILED to state a claim to which relief
can be granted under 12(b) (6). Should be therefore this matter must be dismissed for lack of political,
personam, and subject matter jurisdiction, Venue and under the 11th amendment.
Definition
BLACKS LAW DICTIONARY FIFTH EDITION
Foreign Court
The courts of a foreign state or nation. In the United States, this term is frequently applied to the courts of one of the states when their
judgment or records are introduced in the courts of another.
Foreign jurisdiction
Any jurisdiction foreign to that of the forum; e.g. a sister state or another country. Also the exercise by a state or nation jurisdiction
beyond its own territory. Long - arm
Service of process is a form of such foreign or extraterritorial jurisdiction
Foreign laws
The laws of a foreign country, or of a sister state. In conflict of law, the legal principle of jurisprudence which are part of the law of a
sister state or nation. Foreign laws are additions to our own laws, and in that respect are called jus receptum
Foreign corporation
A corporation doing business in one state though chartered or incorporated in another state is a foreign corporation as to the first state,
and, as such, is required to consent to certain conditions and restriction in order to do business in such first state. Under federal tax laws, a
foreign corporation is one which is not organized under the law of one of the states or territories of the United States. I.R.C. 7701 (a)
(5). Service of process on foreign corporation is governed by the Fed. R. Civ. P. 4 See also Corporation
Foreign service of process
Service of process for the acquisition of jurisdiction by a court in the United States upon a person in a foreign country is prescribed by
Fed R. Civ. P. 4 (i) and 28 U.S.C.A. 1608. Service of process on foreign corporation is governed by Fed. R. Civ. P. 4(d) (3)
Foreign states
Nations which are outside the United States. Term may also refer to another state; i.e. a sister state.
Foreign immunity
With respect to jurisdiction immunity of foreign nation, see 28 U.S.C.A 1602 et seq.
Profiteering
Taking advantage of unusual or exceptional circumstance to make excessive profit; e.g. selling of scarce or essential goods at inflated
price during time of emergency or war.
Person
In general usage, a human being (i.e. nature person) thought by statute term may include a firm, labor organizations,
partnerships, associations, corporations, legal representative, trustees, trustees in bankruptcy, or receivers. National Labor
Relations act, 2(1).
A corporation is a person within meaning of equal protection and due process provisions of United States Constitution.
_________________________
non corporate entity
PROOF OF SERVICE
Now comes (your name here) with a JUDICIAL NOTICE; IN THE NATURE OF WRIT OF
ERROR CORAM NOBIS & A DEMAND FOR DISMISSAL OR STATE THE PROPER
JURISDICTION. To be placed before the Clerk of Court of (your courts name) on this the 00th day of
June in the year of our Lord 2008 A.D.
_____________________
non corporate entity
CC:
PROPER JURISDICTION
________________________________________________________________________
JUDICIAL NOTICE; IN THE NATURE OF WRIT OF ERROR CORAM NON JUDICE & A
DEMAND FOR DISMISSAL OR STATE THE PROPER JURISDICTION
Now comes (your name goes here) a non corporate entity with a JUDICIAL NOTICE; IN
THE NATURE OF WRIT OF CORAM NON JUDICE & A DEMAND FOR DISMISSAL OR
STATE THE PROPER JURISDICTION. Pursuant to FRCP Rule 4 (j)
This Court is defined under FRCP Rule 4 (j) as a FOREIGN STATE as defined under 28 USC
1602 -1611 FOREIGN SOVEREIGN IMMUNITY ACT (FSIA) is being jurisdictionally challenged
and full disclosure of the true jurisdiction of this Court is now being demanded.
Any failure to disclose the true jurisdiction is a violation of 15 Statutes at Large, Chapter 249
(section 1), enacted July 27 1868
Chap. CCXLIX. ---An Act concerning the Rights of American Citizens in foreign States
Whereas the rights of expatriation is a nature and inherent right of all people, indispensable to
the enjoyment of the rights of life, liberty, and the pursuit of happiness; and whereas in the recognition
of this principle this government has freely received emigrants from all nations, and invested them with
the right of citizenship; and whereas it is claimed that such American citizens, with their descendants,
are subjects of foreign states, owing allegiance to the government thereof; and whereas it is necessary
to the maintenance of public peace that this claim of foreign allegiance should be promptly and finally
disavowed; Thereof.
Be it enacted by the Senator and the House of Representatives of the United States of American
in Congress assembled, That any declaration, instruction, opinion, order, or decision, of any officers of
is government which denies, restricts, impairs or questions the rights of expatriation, is hereby declared
inconsistent with the fundamental principles of this government.
As an America Citizen I hold the inherent right of the 11th amendment. The judicial power shall
not be construed to extend to any suit in law or equity, commenced or prosecuted by a Foreign State. If
this FOREIGN STATE is misusing the name of this America Citizen by placing it in all caps or
misusing the last name or using the term person as a CORPORATION all complaints and suit against
such CORPORATION fall under the FSIA and the DEPT OF STATE OFFICES in Washington DC. DC
now has to be notify pursuant to 22 CFR 93.1 -93.2. A copy of the FSIA has to be filed with the
complaint to the defendants chief executive officer of that CORPORATION.
MUNICIPAL, COUNTY, OR STATE COURT lacks jurisdiction to hear any case under the
FOREIGN STATE definitions. This jurisdiction lies with the UNITED STATES DISTRICT COURT
Definitions
Corpus Juris Secundum "The Body of Law" or Legal encyclopedia, Volume 7, Section 4: as quoted:
"Attorney & client: An Attorney's "first" duty is to the Courts (1st) and the public (2nd) and not to the client (3rd), and
wherever the duties to an attorney's client "conflict" with those interests that he/she owes his allegiance to, as an officer of
the court in the administration of justice, the former must yield to the latter". The Biggest problem today is that People do
not know their own rights & blindly entrust their rights to someone else.
BLACKS LAW DICTIONARY FIFTH EDITION
Foreign Court
The courts of a foreign state or nation. In the United States, this term is frequently applied to the courts of one of the states when their
judgment or records are introduced in the courts of another.
Foreign jurisdiction
Any jurisdiction foreign to that of the forum; e.g. a sister state or another country. Also the exercise by a state or nation jurisdiction
beyond its own territory. Long - arm
Service of process is a form of such foreign or extraterritorial jurisdiction
Foreign laws
The laws of a foreign country, or of a sister state. In conflict of law, the legal principle of jurisprudence which are part of the law of a
sister state or nation. Foreign laws are additions to our own laws, and in that respect are called jus receptum
Foreign corporation
A corporation doing business in one state though chartered or incorporated in another state is a foreign corporation as to the first state,
and, as such, is required to consent to certain conditions and restriction in order to do business in such first state. Under federal tax laws, a
foreign corporation is one which is not organized under the law of one of the states or territories of the United States. I.R.C. 7701 (a)
(5). Service of process on foreign corporation is governed by the Fed. R. Civ. P. 4 See also Corporation
TITLE 26 - INTERNAL REVENUE CODE, Subtitle F - Procedure and Administration ,CHAPTER 79 DEFINITIONS
Sec. 7701. Definitions (5) Foreign The term "foreign" when applied to a corporation or partnership means a corporation or
partnership which is not domestic."
Foreign service of process
Service of process for the acquisition of jurisdiction by a court in the United States upon a person in a foreign country is prescribed by
Fed R. Civ. P. 4 (i) and 28 U.S.C.A. 1608. Service of process on foreign corporation is governed by Fed. R. Civ. P. 4(d) (3)
Foreign states
Nations which are outside the United States. Term may also refer to another state; i.e. a sister state.
Foreign immunity
With respect to jurisdiction immunity of foreign nation, see 28 U.S.C.A 1602 et seq.
Profiteering
Taking advantage of unusual or exceptional circumstance to make excessive profit; e.g. selling of scarce or essential goods at inflated
price during time of emergency or war.
Person
In general usage, a human being (i.e. nature person) thought by statute term may include a firm, labor organizations,
partnerships, associations, corporations, ,legal representative, trustees, trustees in bankruptcy ,or receivers. National Labor
Relations act, 2(1).
A corporation is a person within meaning of equal protection and due process provisions of United States Constitution.
At common law in England, it issued from the Court of Kings Bench to a judgment of that court. Its principal
aim is to afford the court in which an action was tried and opportunity to correct it own record with reference to a vital fact
not known when the judgment was rendered. It is also said that at common law
It lay to correct purely ministerial errors of the officers of the court
_______________________
non corporate entity
PROOF OF SERVICE
Now comes (your name goes here) with a JUDICIAL NOTICE; IN THE NATURE OF WRIT OF
CORAM NON JUDICE & A DEMAND FOR DISMISSAL OR STATE THE PROPER
JURISDICTION. To be placed before the Clerk of Court of (your courts name) on this the 0th day of
July in the year of our Lord 2008 A.D.
________________________
non corporate entity
CC:
Now comes ________________________________, COMPLAINANT, acting in the name of We the People and pursuant to Article VI clause 2 of the
Constitution of the United States of America, the Supremacy clause.
CHARGES
1
2
Violation of the original intent of the 14 th Amendment, where the original intent was rescinded by all section three persons within the 14 th
Amendment January 15, 1868 by the state of Ohio whom also rescinded the original intent of the Federal Bill of Rights in qualifying for federal
grants and loans.
Violation of the Civil Rights Act of 1964, Title VI section 601-Non-discrimination of federally assisted programs under the Appalachian
Regional Commission, The Highway Safety Act of 1966, The National Drivers Act of 1982 for states compact as determined in opinion by the
United States Supreme Court:
COUNT I
_________________________________, et al, having taken an Oath to support and defend the United States Constitution, did wilfully and knowingly
violate said oath in an open court of Law by failing to timely move to protect and defend the United States Constitution, that being a felony of perjury of
their Oaths of Office.
TITLE 18 > PART I > CHAPTER 79 > 1621 Perjury generally
Whoever
(1) having taken an oath before a competent tribunal, officer, or person, in any case in which a law of the United States authorizes an oath to be
administered, that he will testify, declare, depose, or certify truly, or that any written testimony, declaration, deposition, or certificate by him
subscribed, is true, wilfully and contrary to such oath states or subscribes any material matter which he does not believe to be true; or
(2) in any declaration, certificate, verification, or statement under penalty of perjury as permitted under section 1746 of title 28, United States
Code, wilfully subscribes as true any material matter which he does not believe to be true;
is guilty of perjury and shall, except as otherwise expressly provided by law, be fined under this title or imprisoned not more than five years, or both. This
section is applicable whether the statement or subscription is made within or without the United States.
COUNT II
_______________________________, owing allegiance to the United States and the United States Constitution, did wilfully and knowingly give aid and
comfort to those et al defendants whose acts are subversive to the United States and as such are destroying our children, our homes, our churches, our
schools, our business, our contracts, our money system, and our Government. Said acts defined in the United states Constitution Article III section 3, is
punishable under USC Title 18 sections 3, 4, 2381, 2382, 2383, 2384.
TITLE 18 4. Misprision of felony
Whoever, having knowledge of the actual commission of a felony cognizable by a court of the United States, conceals and does not as soon as possible
make known the same to some judge or other person in civil or military authority under the United States, shall be fined under this title or imprisoned not
more than three years, or both.
TITLE 18 2381. Treason
Whoever, owing allegiance to the United States, levies war against them or adheres to their enemies, giving them aid and comfort within the United States
or elsewhere, is guilty of treason and shall suffer death, or shall be imprisoned not less than five years and fined under this title but not less than $10,000;
and shall be incapable of holding any office under the United States.
TITLE 18 2382. Misprision of treason
Whoever, owing allegiance to the United States and having knowledge of the commission of any treason against them, conceals and does not, as soon as
may be, disclose and make known the same to the President or to some judge of the United States, or to the governor or to some judge or justice of a
particular State, is guilty of misprision of treason and shall be fined under this title or imprisoned not more than seven years, or both.
TITLE 18 2383. Rebellion or insurrection
Whoever incites, sets on foot, assists, or engages in any rebellion or insurrection against the authority of the United States or the laws thereof, or gives aid
or comfort thereto, shall be fined under this title or imprisoned not more than ten years, or both; and shall be incapable of holding any office under the
United States.
TITLE 18 2384. Seditious conspiracy
If two or more persons in any State or Territory, or in any place subject to the jurisdiction of the United States, conspire to overthrow, put down, or to
destroy by force the Government of the United States, or to levy war against them, or to oppose by force the authority thereof, or by force to prevent,
hinder, or delay the execution of any law of the United States, or by force to seize, take, or possess any property of the United States contrary to the
authority thereof, they shall each be fined under this title or imprisoned not more than twenty years, or both.
COUNT III
___________________________________, et al, having taken an oath to support and defend the United States and the United States Constitution, did
wilfully and knowingly violate said oath in an open court of Law by violating the constitutional Rights of Sovereign American Citizens by not up holding
his/her constitutional Rights which is a felony.
TITLE 18 241. Conspiracy against rights
If two or more persons conspire to injure, oppress, threaten, or intimidate any person in any State, Territory, Commonwealth, Possession, or District in the
free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised
the same; or
If two or more persons go in disguise on the highway, or on the premises of another, with intent to prevent or hinder his free exercise or enjoyment of any
right or privilege so secured
They shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section
or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill,
they shall be fined under this title or imprisoned for any term of years or for life, or both, or may be sentenced to death.
TITLE 18 242. Deprivation of rights under color of law
Whoever, under color of any law, statute, ordinance, regulation, or custom, wilfully subjects any person in any State, Territory, Commonwealth,
Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to
different punishments, pains, or penalties, on account of such person being an alien, or by reason of his color, or race, than are prescribed for the
punishment of citizens, shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in
violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this
title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include
kidnapping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under
this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.
COUNT IV
________________________________, et al, for having taken a fraudulent oath as fiduciary trustees of a political subdivision of the state in an assumed
position as a private person not having immunity or privilege within the intent of the original 14 th Amendment or 11th Amendment standing, did wilfully
and knowingly violate the constitutional Rights of those Citizen electors, from public offices elected and appointed. That the entire classification of 14 th
Amendment section three persons have engaged in section four rebellion and insurrection against Lawful authority and have created a public debt from
said un-Lawful offices and policies.
TITLE 31 SEC. 3729. FALSE CLAIMS
(a) Liability for certain acts.--Any person who-(1) knowingly presents, or causes to be presented, to an officer or employee of the United States Government or a member of the Armed Forces of the
United States a false or fraudulent claim for payment or approval;
(2) knowingly makes, uses, or causes to be made or used, a false record or statement to get a false or fraudulent claim paid or approved by the Government;
(3) conspires to defraud the Government by getting a false or fraudulent claim allowed or paid;
(4) has possession, custody, or control of property or money used, or to be used, by the Government and, intending to defraud the Government or wilfully
to conceal the property, delivers, or causes to be delivered, less property than the amount for which the person receives a certificate or receipt;
(5) authorized to make or deliver a document certifying receipt of property used, or to be used, by the Government and, intending to defraud the
Government, makes or delivers the receipt without completely knowing that the information on the receipt is true;
(6) knowingly buys, or receives as a pledge of an obligation or debt, public property from an officer or employee of the Government, or a member of the
Armed Forces, who lawfully may not sell or pledge the property; or
(7) knowingly makes, uses, or causes to be made or used, a false record or statement to conceal, avoid, or decrease an obligation to pay or transmit money
or property to the Government, is liable to the United States Government for a civil penalty of not less than $5,000 and not more than $10,000, plus 3 times
the amount of damages which the Government sustains because of the act of that person, except that if the court finds that
(A) the person committing the violation of this subsection furnished officials of the United States responsible for investigating false claims violations with
all information known to such person about the violation within 30 days after the date on which the defendant first obtained the information;
(B) such person fully cooperated with any Government investigation of such violation; and
(C) at the time such person furnished the United States with the information about the violation, no criminal prosecution, civil action, or administrative
action had commenced under this title with respect to such violation, and the person did not have actual knowledge of the existence of an investigation into
such violation;
the court may assess not less than 2 times the amount of damages which the Government sustains because of the act of the person. A person violating this
subsection shall also be liable to the United States Government for the costs of a civil action brought to recover any such penalty or damages.
(b) Knowing and knowingly defined.--For purposes of this section, the terms "knowing" and "knowingly" mean that a person, with respect to information-(1) has actual knowledge of the information;
(2) acts in deliberate ignorance of the truth or falsity of the information; or
(3) acts in reckless disregard of the truth or falsity of the information, and no proof of specific intent to defraud is required.
(c) Claim defined.For purposes of this section, claim includes any request or demand, whether under a contract or otherwise, for money or property
which is made to a contractor, grantee, or other recipient if the United States Government provides any portion of the money or property which is requested
or demanded, or if the Government will reimburse such contractor, grantee, or other recipient for any portion of the money or property which is requested
or demanded.
(d) Exemption from disclosure.Any information furnished pursuant to subparagraphs (A) through (C) of subsection (a) shall be exempt from disclosure
under section 552 of title 5.
(e) Exclusion.This section does not apply to claims, records, or statements made under the Internal Revenue Code of 1986.
TITLE 18 1834. Criminal forfeiture
(3) The court, in imposing sentence on a person for a violation of this chapter, shall order, in addition to any other sentence imposed, that the
person forfeit to the United States
(4) any property constituting, or derived from, any proceeds the person obtained, directly or indirectly, as the result of such violation; and
(2) any of the persons property used, or intended to be used, in any manner or part, to commit or facilitate the commission of such
violation, if the court in its discretion so determines, taking into consideration the nature, scope, and proportionality of the use of the
property in the offense.
(b) Property subject to forfeiture under this section, any seizure and disposition thereof, and any administrative or judicial proceeding in relation
thereto, shall be governed by section 413 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 853), except for
subsections (d) and (j) of such section, which shall not apply to forfeitures under this section.
TITLE 18 1957. Engaging in monetary transactions in property derived from specified unlawful activity
(3) Whoever, in any of the circumstances set forth in subsection (d), knowingly engages or attempts to engage in a monetary transaction in
criminally derived property of a value greater than $10,000 and is derived from specified unlawful activity, shall be punished as provided in
subsection (b).
(b)
(3)
Except as provided in paragraph (2), the punishment for an offense under this section is a fine under title 18, United States Code, or
imprisonment for not more than ten years or both.
(2) The court may impose an alternate fine to that imposable under paragraph (1) of not more than twice the amount of the criminally derived property
involved in the transaction.
In a prosecution for an offense under this section, the Government is not required to prove the defendant knew that the offense from which the
criminally derived property was derived was specified unlawful activity.
(d) The circumstances referred to in subsection (a) are
(3) that the offense under this section takes place in the United States or in the special maritime and territorial jurisdiction of the United States; or
(2) that the offense under this section takes place outside the United States and such special jurisdiction, but the defendant is a United States person (as
defined in section 3077 of this title, but excluding the class described in paragraph (2)(D) of such section).
(e) Violations of this section may be investigated by such components of the Department of Justice as the Attorney General may direct, and by such
components of the Department of the Treasury as the Secretary of the Treasury may direct, as appropriate and, with respect to offenses over which the
United States Postal Service has jurisdiction, by the Postal Service. Such authority of the Secretary of the Treasury and the Postal Service shall be
exercised in accordance with an agreement which shall be entered into by the Secretary of the Treasury, the Postal Service, and the Attorney General.
(f) As used in this section
(3) the term monetary transaction means the deposit, withdrawal, transfer, or exchange, in or affecting interstate or foreign commerce, of funds
or a monetary instrument (as defined in section 1956 (5) of this title) by, through, or to a financial institution (as defined in section 1956 of
this title), including any transaction that would be a financial transaction under section 1956 (4)(B) of this title, but such term does not include
any transaction necessary to preserve a persons right to representation as guaranteed by the sixth amendment to the Constitution;
(2) the term criminally derived property means any property constituting, or derived from, proceeds obtained from a criminal offense; and
(3) the term specified unlawful activity has the meaning given that term in section 1956 of this title.
TITLE 42 Sec. 2000d-7. - Civil rights remedies equalization
(a) General provision
(1) A State shall not be immune under the Eleventh Amendment of the Constitution of the United States from suit in Federal court for a violation
of section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.), the Age
Discrimination Act of 1975 (42 U.S.C. 6101 et seq.), title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), or the provisions of any
other Federal statute prohibiting discrimination by recipients of Federal financial assistance .
(2) In a suit against a State for a violation of a statute referred to in paragraph (1), remedies (including remedies both at law and in equity) are
available for such a violation to the same extent as such remedies are available for such a violation in the suit against any public or private entity
other than a State.
(b) Effective date
The provisions of subsection (a) of this section shall take effect with respect to violations that occur in whole or in part after October 21, 1986
WARNING
Should any person try to cover up the felony complained of herein, BE YOU HEREBY PUT ON NOTICE: You may be indicted under USC Title 18
sections 3, 4, 241, 242, 2381, 2382, 2383 and 2384.
COMPLAINANT, being first truly sworn, states that he has knowledge of the felonies herein complained of: that it is not submitted to be vexatious, but to
obtain imperative JUSTICE.
Date:_______________
________________________________________
Complainant
Date:_______________
________________________________________
Witness
Date:_______________
________________________________________
Witness
Subscribed to and sworn to before me this day,
Notary Public in
______________________________________
Notary Public
______________________________________
My Commission Expires