JUDICIAL NOTICE (California Evidence Code Sections 451, 452)
This is a court of record.
THE COURT, on its own motion, takes judicial notice of the following:
- All items mentioned in California Evidence Code Sections 451 and 452, [among which is included the Federal Rules of Civil Procedure].
- The records of this court in general.
- Assumption and presumption are just what they are — law not with standing. Bailey vs Alabama 7 Peters 219.
- “The assertion of federal rights, when plainly and reasonably made, is not to be defeated under the name of local practice.” Davis v. Wechsler, 263 US 22, 24.
- “The practice of law is an occupation of common right.” Sims v. Aherns, 71 S.W. 720 (1925).
- “The practice of law can not be licensed by any state/State.” Schware v. Board of Examiners, 353 U.S. 238, 239.
- “In this State,” and “the state” will not be used via any semantics word play spell that brings about harm, injury, or taxation on [We] the people.
- “It is the public policy of this state that public agencies exist to aid in the conduct of the people’s business….The people of this state do not yield their sovereignty to the agencies which serve them.” California Government Code, Section 11120.
- “In enacting this chapter, the Legislature finds and declares that the public commissions, boards and councils and the other public agencies in this State exist to aid in the conduct of the people’s business….The people of this State do not yield their sovereignty to the agencies which serve them.” California Government Code Section 54950.
- “…at the Revolution, the sovereignty devolved on the people; and they are truly the sovereigns of the country, but they are sovereigns without subjects…with none to govern but themselves….”. CHISHOLM v. GEORGIA (US) 2 Dall 419, 454, 1 L Ed 440, 455 @DALL (1793) pp 471-472.
- “The very meaning of ‘sovereignty’ is that the decree of the sovereign makes law.” American Banana Co. v. United Fruit Co., 29 S.Ct. 511, 513, 213 U.S. 347, 53 L.Ed. 826, 19 Ann.Cas. 1047.
- “The people of this State, as the successors of its former sovereign, are entitled to all the rights which formerly belonged to the King by his prerogative.” Lansing v. Smith, 4 Wend. 9 (N.Y.) (1829), 21 Am.Dec. 89 10C Const. Law Sec. 298; 18 C Em.Dom. Sec. 3, 228; 37 C Nav.Wat. Sec. 219; Nuls 8. “….This declaration of rights may not be construed to impair or deny others retained by the people.” California Constitution, Article 1, Declaration Of Rights Sec. 24.
- “The state cannot diminish rights of the people.” Hurtado v. People of the State of California, 110 U.S. 516.
- “Where rights secured by the Constitution are involved, there can be no rule making or legislation which would abrogate them.” Miranda v. Arizona, 384 US 436, 491.
- “There can be no sanction or penalty imposed upon one because of this exercise of constitutional rights.” Sherer v. Cullen, 481 F 946.
- “Whereas, the people of California have presented a constitution….and which, on due examination, is found to be republican in its form of government….” Act [of Congress] for the Admission of California Into the Union, Volume 9, Statutes at Large, Page 452.
- “Republican government. One in which the powers of sovereignty are vested in the people and are exercised by the people, either directly, or through representatives chosen by the people, to whom those powers are specially delegated.” In re Duncan, 139 U.S. 449, 11 S.Ct. 573, 35 L.Ed. 219; Minor v. Happersett, 88 U.S. (21 Wall.) 162, 22 L.Ed. 627.” Black’s Law Dictionary, Fifth Edition, p. 626.
- “The State of California is an inseparable part of the United States of America, and the United States Constitution is the supreme law of the land.” California Constitution, Article 3, Sec. 1.
- “There, every man is independent of all laws, except those prescribed by nature. He is not bound by any institutions formed by his fellowmen without his consent.” Cruden v Neale, 2 N.C. 338 (1796) 2 S.E. 70.
- “This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby; any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.” Constitution for the united States of America, Article VI, Clause 2.
- Lawful enemy combatant. A person entitled to protection under the Geneva Conventions, combatant immunity, and immunity from prosecution for lawful acts as a belligerent.
- “Every citizen and freeman is endowed with certain rights and privileges to enjoy which no written law or statute is required. These are fundamental or natural rights, recognized among all free people.” U.S. v. Morris, 125 F 322, 325.
- However, no statutory or constitutional court (whether it be an appellate or supreme court) can second-guess the judgment of a court of record. “The judgment of a court of record whose jurisdiction is final, is as conclusive on all the world as the judgment of this court would be. It is as conclusive on this court as it is on other courts. It puts an end to inquiry concerning the fact, by deciding it.” Ex parte Watkins, 3 Pet., at 202-203. [cited by SCHNECKLOTH v. BUSTAMONTE, 412 U.S. 218, 255 (1973)]
- “A ‘court of record’ is a judicial tribunal having attributes and exercising functions independently of the person of the magistrate designated generally to hold it…” Jones v. Jones, 188 Mo.App. 220, 175 S.W. 227, 229; Ex Parte Gladhill, 8 Metc., Mass., 171, per Shaw, C. J.
- “The following persons are magistrates: …The judges of the superior courts….” California Penal Code, Sec. 808.
- “The California State Supreme Court” opinion delivered by Justice Heydenfeldt (Murray and Bryan concurring) – A Citizen of the United States is the same juristic person artificial dead on paper “person” as a “United States Citizen.” Ex Parte Knowles, July 1855.
- “‘…our justices, sheriffs, mayors, and other ministers, which under us have the laws of our land to guide, shall allow the said charters pleaded before them in judgement in all their points, that is to wit, the Great Charter as the common law….’ Confirmatio Cartarum, November 5, 1297” “Sources of Our Liberties” Edited by Richard L. Perry, American Bar Foundation.
- “Henceforth the writ which is called Praecipe shall not be served on any one for any holding so as to cause a free man to lose his court.” Magna Carta, Article 34.
- An act of the court shall prejudice no man. Jenkins’ Eight Centuries of Reports, 118; Brooms Legal Maxims, Lond. ed. 115; 1 Strange’s Reports, 126; 1 Smith’s Leading Cases, 245-255; 12 English Common Bench Reports by Manning, Granger, & Scott, 415.
- “They conferred as against the Government the right to be left alone – the most comprehensive of rights and the most valued by civilized man.” Olmsted v United States 277 U.S. 438, 478 (1928), Washington v Harper, 494 U.S. (1990).
- U.S. District Judge, Leigh Martin May, rules: Administrative Court System Unlawful -after 81 Years, June 2015.
Oh, queen is THE COURT on this document.
“If I have the belief that I can do it, I shall surely acquire the capacity to do it even if I may not have it at the beginning.”
“Be the change that you want to see in the world.” -from 101 Mahatma Gandhi Quotes to Inspire Yourself.