Page 42 - America Unincorporated

What Is A Special Appearance in Court?

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If you ever nd yourself attending court in order to defend against a
trafc citation, there is only one way you can do so if you wish to
prevail in the matter using the common law. But before we disclose

that way, let’s become clear about what it means to enter a court in
response to a legal matter, and most especially a state or municipal

court. Any time a person consents to entering a statutory court they
are said to be making an “appearance” and thus “responding ” to a

matter. A response to a matter is an indication of having consented to
being recognized as a party to the action, thereby resulting in

personam jurisdiction. However, if you know that you are not a party
to the action, that the other party has demonstrated no authority over

you with regard to the matter at hand and is attempting to lure you

into a fraudulent matter, then you must take care in how you
approach the court in order to seek remedy.

What fraudulent matter are we speaking about? The fraudulent

matter of a victimless trafc ticket. Unless there is an actual injured
party, you would be well advised to avoid any matter that does not

lawfully concern you by asserting your common law right of

avoidance. Otherwise, your chances of prevailing in the matter in
someone else’s private court have just slipped to ZERO!

But let's back up for a minute and be clear about what a “special appearance” is all about. A party may make a
special appearance before a court for the sole purpose of objecting to the court’s jurisdiction over that party, a
juridisction known as personam jurisdiction. Since the court presumes the party to be representing a “legal
ction” who is a member of the legal society over which the court maintains jurisdiction, the party can object to
that assumption by rebutting it and stating that he is “a man” (or woman, as the case may be) and not a legal
ction. If the party makes a general appearance to respond to the complaint before the court, instead of a special
appearance, then Common Law dictates that the party thereby waives any objection to the court’s jurisdiction
over his “person,” which is presumed to be an articial “legal person” and not a esh-and-blood man or woman.
The problem for the administrative court in the case of the latter is: it cannot hear a case between a man and a
legal ction. Both parties have to be of the same class or status. The maxim of law regarding “equality under the
law” comes into play here. If “a man” shows up as the accused, then only another “man” with a veried claim may
come at him with the controversy. A legal ction may not.