Morning, so what I have been wrestling with is, how do you, as the living man or woman, come at the court and be sucessful... without sacrifycing your position as an Equitable man/woman...
thats what i did but i had to come at them as a trustee because is was a replevin for trust property... which becomes an issue with statutory as they are not supposed to deal with express trusts
Any chance you can come as the beneficiary? Beneficiary has to be natural human being not a purpose as they are the only ones that can be relied upon to bring trustee to account. Can’t remember the case law.
a beneficiary doesn’t have standing in court
It's not. A beneficiary wouldn't be filing anything into a court
I live in a state where speeding is not considered a misdemeanor (it's a fine). I don't have a ticket I'm fighting, but how do you go about fighting in the states where it's not a criminal violation?
A TL;DR would suffice and I'll try to research the rest.
Notify the court (usually in writing, online, by mail, or phone) within the deadline that you want to contest.
Gather Evidence and plan your argument.
Focus on Evidence and Procedure rather than "rights".
You are a Jurisdictionary Student,yes?
Sorry, I should have been more specific. I know for a criminal case, you'd use the rules of criminal procedure, but I'm not sure how you'd approach starting if it's just a fine.
Check the transportation article in your state statutes. Speeding may be listed under criminal procedures.
Unfortunately I don't see anything other than the fine. Nothing listed under penalties for "speed" or "speeding", statute for speeding not listed in the penalties area either.
Most moving offenses seem to be a "violation"
Aren't there due process issues that need to be resolved before going to the merits phase? I thought jurisdiction was a threshold issue.
Jurisdiction is a threshold issue.
If there's a legitimate procedural flaw, courts must address threshold issues first.
How would you move forward,if those circumstances were in play?
There are state supreme court rulings and SCOTUS rulings. If the state court rulings set precedence and are not ruled on or addressed by the supreme Court of the US, then the state court rulings set precedence, unless the SCOTUS rulings override the state rulings. Someone please correct me if I am mistaken.
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