When in court, how do you determine when to push the rules aside and make up your own? I don't know any other way to ask it. I have recently been told that when you are in traffic court there are no references to federal law and to try to use federal law would be considered &quot;pseudo law&quot; , or a sovereignty issue. But from what I can find , the real rule is The U.S. Constitution declares that federal law is “the supreme law of the land.” As a result, when a federal law conflicts with a state or local law, the federal law will supersede the other law or laws. This is commonly known as “preemption.” I am the -3 and deleted here. I am guessing I will be kicked off the site but I don't understand, because I am being told I can't use federal law when I have very effectively. So I am confused on how I win in court. Is it always a fluke ? Please don't consider this a rant. It is a legitimate legal question that I assumed was answered when a judge took a fix-it ticket and turned it into a $1200 ticket (because I was fighting it) and then apparently just gave me the win even though I was using the Federal Law from the USC Title 18 to define what a motor vehicle was in a State court. But I am not ranting, or upset at all. I'm just wondering, could a judge made such a simple mistake and cost the courts all that money ? Not the $1200, but to pay all the overhead of appearing 4 times and the warrant. Granted, I do believe my answer was PERFECT, I also know I could be wrong. And with my answer being pulled so easily, I must be missing something. I'm looking at 10 votes for an &quot;answer&quot; to this question, and yet it doesn't answer the question whatsoever. So if my question falls against this site, I apologize. That is not my intention. Please help me understand. Was my judge just uneducated? This question cannot be answer simply by claiming the question is frivolous. That would be absurd. I think I need to make this point , I have successfully used this in court, and it's a good thing that we all can because some judges (1 in particular) would stoop so low as to say neither &quot;the United States Constitution nor the Supreme Court rulings matter in court since California is not a state&quot;. When in fact The Supremacy Clause of the U.S. Constitution Under the Supremacy Clause, found in Article VI, section 2 of the U.S. Constitution, both the Constitution and federal law supersede state laws. The Federal law being applied is the United States code definition of Motor Vehicle, what shows that the state laws are in direct conflict with the Constitution and the federal laws. And no State can take a right and turn it into a crime and issue a license and a fee for it. In a sense saying that you can have your right if you pay us for it. That would not be a right. A couple other important points that may clear up some &quot; answers &quot;. When the case is called, I tell the judge I am here in propria persona speaking for the named defendant, all I say is for the record and I invoke art. 4 sec. 4 of the Constitution which guarantees me a Republican form of Government. Im not a US Citizen but an American National (non statutory citizen) and I set my court. When I asked him if it was civil or criminal, he said &quot;you tell me&quot;. I said it can't be either since there is no injured party and no contract. I believe that locks the court up. They cant throw statutory at me because there is no written rule for a criminal case thats statutory jurisdiction and so I couldnt have a fair trial. Also by using the Constitution and Supreme Court cases that say I have the right of motion /travel then I would have a perfect case for willfulness. Immunity. Failure to show a cause of action in which relief could be granted. As far as I can see, all the rules I am using are theirs. The right of the citizen to travel upon the highway and to transport his property thereon, in the ordinary course of life and business, differs radically and obviously from that of one who makes the highway his place of business for private gain in the running of a stagecoach or omnibus.&quot; State vs. City of Spokane, 186 P. 864. What is this Right of the Citizen which differs so &quot;radically and obviously&quot; from one who uses the highway as a place of business? Who better to enlighten us than Justice Tolman of the Supreme Court of Washington State? In State vs. City of Spokane, supra, the Court also noted a very &quot;radical and obvious&quot; difference, but went on to explain just what the difference is: &quot;The former is the usual and ordinary right of the Citizen, a common right to all, while the latter is special, unusual, and extraordinary.&quot;
It is true that in the US, valid Federal law supersedes state law or regulation when there is a conflict. Precisely because of this, state laws and regulations are normally carefully written to avoid such conflicts. It is very unusual for a federal law issue to apply in traffic court. The question does not say what Federal law issue you think will apply to your case. Most issues where Federal law might plausibly affect a state court process, such as a fourth amendment violation on a search and seizure issue, would not apply in traffic court, although they might apply in a criminal court proceeding. Federal law does not generally deal with traffic issues, nor does it preempt state traffic laws, because there is normally no conflict. There is a group of people, who often call themselves &quot;sovereign citizens&quot; who have a habit of making wildly invalid legal claims, and trying to claim that much of the law does not apply to them. Such people often assert elaborate theories about why certain laws do not apply, not infrequently involving the Federal Supremacy Clause. Such claims are invalid, and will not be received well by a court. A claim that one travels by &quot;conveyance&quot; rather than by &quot;car&quot; and thus state laws do not apply is such an invalid claim. The argument made in this answer is such an invalid claim. Chapter 18 of the US code does regulate commercial vehicles to some extent. Therefore in that chapter &quot;motor vehicle&quot; does mean &quot;commercial vehicle&quot; because those federal regulations do not apply to private vehicles. This does not mean that state regulations that apply to private vehicles are preempted or otherwise invalid. If you think a Federal Issue will apply during a traffic court session, it would be wise to consult a lawyer in advance. Many lawyers offer free or low-cost initial consultations. If you think a relevant legal issue is not being addressed, politely, briefly, and clearly explain the issue that you think applies. Do not yell at the judge or other court personnel. Do not try to &quot;make up your own rules&quot;. You will be given a chance to indicate your side of the issue. Response to recent edit, and related comments Without a record of the actual court hearing you describe, there is no way to determine if the judge was acting correctly or not. Even with the record there might well be no way to determine what the judge had in mind, or why s/he acted as s/he did. I maintain that any argument that state traffic codes are in fact preempted by federal law, or apply only to commercial vehicles, or that an ordinary personal car is not a &quot;motor vehicle&quot; because of a definition in Blacks or any other dictionary, is legally unsound and frivolous, and could well subject a person who makes it in court to penalties for contempt. A particular judge might not want to bother with the matter, of course. I think i have answered the question as asked, in a way likely to be most helpful to people in general. Others may have other views.
As I understand it, you can pretty much sue anybody for anything. The question, of course, is would you win the suit? All the lawyers here can correct me, but I believe in order to win, you would have to Show standing, that is, they're your comments and not someone else's Show that it's a deliberate act, and not just someone accidentally clicked the wrong checkbox. Show that it was an act by the agency and not by Facebook, for example. Show that you've been singled out for your viewpoint (they allow some people's comments) Show that there is no other reason to delete your comments (they're obscene, or advocate for an illegal act, for example). I'm probably missing something else. The real question is, even if you could demonstrate all these things, would it be worth it? You may spend $1,000's and you might not recover your legal fees. The case might take years.
In the United States who has the authority and what is the procedure to determine if conduct by an individual is "illegal"? You are conflating several different ideas here, which is probably the source of your persistent confusion. 1) Actions are legal or not Illegal: Not authorized by law; Illicit ; unlawful; contrary to law The law sets out certain things that you must do (you must stop at a red light) and things you must not do (you must not drive under the influence). Sometimes actions fall into a gray area of the law, or aren't addressed at all, but if something is spelled out, then it's very clear whether the abstract action is legal or not. Running a red light is illegal. Driving under the influence is illegal. There are definitions and specified penalties for both. 2) A person may or may not be guilty of an illegal action Guilty: Having committed a crime or tort Abstract actions can be legal or illegal, but people commit crimes. When someone commits a crime, they are guilty of that crime. This is true whether or not they are ever prosecuted, or even if law enforcement knows who the guilty one is. If someone runs a red light at 2 in the morning on an empty street, it's still illegal and thus they are guilty of running a red - but no one will ever catch them. If someone is shot in the middle of the street, then someone is guilty of shooting them. Again, the shooter may never be found, but whoever they are, they are still guilty. 3) An individual may or may not be guilty of the crime of which they are charged. Charge: the statement of the alleged offense that brings a person to court If law enforcement (whether your local traffic cop or the FBI) believes that you are guilty of a crime, they can charge you with committing it. They may be right. They may be wrong. But the suspicion of having committed it is enough to charge you. To continue the traffic example: If an officer sees you running the red light, they can write you a ticket (effectively charging you) for doing so. They may or may not actually be right (it could have been yellow or malfunctioning, for example), but law enforcement has the power to charge regardless. 4) A defendant may or may be found guilty and convicted. Conviction: In a general sense, the result of a criminal trial which ends in a judgment or sentence that the prisoner is guilty as charged. Finding a person guilty by verdict of a jury. This is where the presumption of innocence comes in - the default assumption is that the accused did not commit the crime that they are being charged with, and it's the prosecutor's job to prove otherwise. If the accused is found to not be guilty of the crime, then they (presumably) didn't do it - it doesn't necessarily mean the crime didn't happen, just that this specific person didn't commit it. Alternatively, the defendant can be found not guilty for other reasons - the judge or jury can determine that the crime didn't take place, took place but was justified, or the defendant wasn't in their right mind at the time. On the other hand, if they are found guilty, they're convicted and sentenced to whatever an appropriate punishment is. TL;DR Whether something is legal is determined by the legislature when they pass laws. Someone who commits an illegal act is guilty of doing so, even if they are never charged. Again, this is determined by the legislature when they pass laws. People are charged with violations of specific laws by law enforcement. Defendants can be found guilty by the court system. In other words, only the courts can determine whether a specific individual actually committed illegal behavior, but the behavior is still illegal regardless.
The general rule is, anything is allowed unless it is forbidden (and not that you can only do things that are expressly permitted). The logical structure of law may be a bit more challenging than procedural programming logic, since it may require a global knowledge and evaluation of the entire code (typically but not absolutely, the scope of the search for "unless otherwise" conditions is restricted to "in this chapter"). In other words, the law is a set of propositions which must all be true, and unlike actual execution of instructions in a sequence, law is to be interpreted simultaneously but hierarchically (that is: the order in which clauses are written is not significant). The appearance that the law is self-contradictory is largely illusory, though the resolution of the conflict may require a careful reading of the law and knowledge of jurisdictional hierarchy (federal law is superior to state law, which entails a particular resolution of the apparent conflict). Sometimes there are real conflicts, which usually result from using words in conflicting ways (note the practice of re-defining words "in this chapter/section/title"). The reason why law is not a science is that law is normative, not descriptive: it dictates what is allowed (a determination made through the political process), and does not attempt to discover what independently is. The reason why the legal process cannot be implemented in software is that software does not yet correctly interpret natural language, and law is written in natural language following interpretations based on judgments of what choices a reasonable would make. Perhaps if you propose a piece of law that you think is contradictory, it would be possible to show how the contradiction is illusory.
If we go by Indian case law (as we should), you have to find a way. The relevant case is K.P. Adbul Gafoor v. New India Assurance Ltd, where appellant drove on a motor cycle on a learner's permit without a licensed driver positioned correctly, in violation of Rule 3 of the Rules, and smacked someone. The bulk of the case is about the insurance and liability consequences of violating the rule: the main point here is that the court deemed this to violate the rules.
I'm not going to comment on the specifics of this law; rather, I think this question shows a misconception of the way the legal system works in general. Here's the question: do you actually have "legally privileged" material on your phone? If not, what's keeping you from claiming that is that it's not true, and lying to a police officer is a bad idea. And just putting a letter from your lawyer on the phone doesn't mean you've established a legal privilege--attorney-client privilege is not a magic spell, it's a reasonable system of protection that only covers certain communications. The bottom line is: the statute in general, and that clause in particular, were included in the law to protect real, important, and substantial legal right. The courts interpret the law in light of that purpose. If the police officer finds a solution that protects your rights while still carrying out the purpose of the statute, the court will be unlikely to fault him or her. In this case, if you tell the officer that there is a letter from your attorney in a particular folder, the obvious solution is for the officer not to open that folder. Problem solved. In practice, in the United States at least, these cases are dealt with routinely; computers are seized, and attorneys and judges work together to ensure that privilege is protected while still allowing reasonable access to seized materials. I would imagine the same is true in the U.K. The bottom line is: the law is not a game, and technical "gotchas" are rarely effective. Common law systems allow judges enough leeway to avoid this sort of pointless technicality.
Discovery Basically, you ask. If your opponent thinks your request is out of bounds they object, give their reasons to the judge, you give yours and the judge orders them to produce the evidence or not. A lot of people think court cases have big “ah-ha” movements when a witness reveals something unknown on the stand. This rarely happens because there are no secrets in litigation - both sides have to clearly explain their case before, usually well before, they go to trial.
The most innocent of your scenarios is "against the rules", so less innocent acts fair worse. The idea behind researching legal theory and precedent (presumably not presidents) is that surely it is good for a juror to know what the law is. But that thinking is wrong. The judge will instruct you as to what the law is, and will also instruct you that "the law" is limited to what he says it is. I will draw on the instructions for an antitrust case, Best Buy v. Toshiba, HannStar. The core instruction is: It is your duty to find the facts from all the evidence in the case. To those facts you will apply the law as I give it to you. The preliminary instructions (the pattern instructions for California civil trials) say the same basic thing: At the end of the trial, I will explain the law that you must follow to reach your verdict. You must follow the law as I explain it to you, even if you do not agree with the law. The judge instructs the jury that: When a party has the burden of proof on any claim or affirmative defense by a preponderance of the evidence, it means you must be persuaded by the evidence that the claim or affirmative defense is more probably true than not true. Your research might find alternative statements of the law out there, which seem entirely plausible. That doesn't matter: you have to set aside whatever ideas (about the law) that you've gotten from anybody besides the judge. In fact, if the judge makes a (serious) mistake and rules against a party in a manner that is contrary to established law, and you know this (it doesn't matter how), you are supposed to apply the law (including rulings during trial as to admissibility) as given to you by the judge. As for a case of a juror knowing that the judge was mistaken (specifically, knowing based on his pre-existing knowledge of statutes and case law – not based on forbidden research during a trial), we can get the "should" from the absolute instruction to follow the judges instructions. Additionally, if you read transcripts of voir dire (not a trivial task), you can observe judges probing attorneys who happen to be in the prospective pool, asking questions to determine whether that person can just do as they are told. But it would be difficult to establish a "hard rule". There never will be an instruction that says "You must follow my orders even if you know for a fact that my orders are wrong" – jury instructions never admit the possibility of judicial error.