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#1 | |||
Muse
Join Date: Sep 2007
Posts: 651
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Marc Stevens
Debunking Territorial/Personal Jurisdiction – Why it Doesn’t Exist
Ed Helms ![]()
Originally Posted by Article by Marc Stevens
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" You are uneasy; you never sailed with me before, I see. " Andrew Jackson |
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#2 |
Philosopher
Join Date: Aug 2007
Location: As far away from casebro as possible.
Posts: 7,070
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Wut?
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There is no secret ingredient - Kung Fu Panda |
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#3 |
Penultimate Amazing
Join Date: Aug 2002
Posts: 23,588
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Good style would be to post a synopsis of the argument and its refutation, so readers might decide whether to read the articles.
There are several good reasons why most are reluctant to spend time following links of unknown content. Hans |
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Experience is an excellent teacher, but she sends large bills. |
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#4 |
Featherless biped
Join Date: Aug 2008
Location: Aporia
Posts: 24,483
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Link to source of butthurt for context?
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#5 |
Penultimate Amazing
Join Date: Feb 2006
Posts: 29,167
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This is funny, but tragic too.
They make a great deal of logic and analysis, but one wonders, if the law doesn't apply because of jurisdictional issues, then how is it that someone can appeal to the law for remedy? It is the bind of solipsism with jail serving as the rock kicked in: "Thus do I refute it." |
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#6 |
Banned
Join Date: May 2006
Posts: 58,581
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#7 |
Grammar Resistance Leader
TLA Dictator Join Date: Aug 2006
Location: Pattaya, Thailand
Posts: 41,468
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Why is this in "Education"? Is there a GoFundMe to send Stevens back to school? Is this sub-forum also meant to include Anti-Education?
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Ha! Foolmewunz has just been added to the list of people who aren't complete idiots. Hokulele It's not that liberals have become less tolerant. It's that conservatives have become more intolerable. |
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#8 |
Sorcerer Supreme
Join Date: Mar 2009
Location: Austin, Texas
Posts: 7,905
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Who is Marc Stevens? What does Ed Helms have to do with any of this? What is the OP talking about?
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"I'm 'willing to admit' any fact that can be shown to be evidential and certain." -- Vortigern99 "When the power of love overcomes the love of power the world will know peace." -- Jimi Hendrix |
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#9 | ||
Winking at the Moon
Deputy Admin
Join Date: Sep 2008
Location: UK
Posts: 14,163
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Marc Stevens is a small fish in the tiny pond of tax protesters/detaxers. He has some odd ideas about jurisdiction.
As mod:
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Why can't you be more like Agatha? - Loss Leader |
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#10 |
Banned
Join Date: May 2006
Posts: 58,581
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The real Marc Stevens!!!!!: https://en.wikipedia.org/wiki/Marc_Stevens_(actor)
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#11 |
Banned
Join Date: May 2006
Posts: 58,581
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The other guy was never in my radar/////////
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#12 |
Philosopher
Join Date: Sep 2011
Posts: 6,695
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And his arguments are poor, bearing almost zero relation to actual legal practice and theory.
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#13 |
Philosopher
Join Date: Jul 2010
Posts: 8,607
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Anyone want to explain what the arguments are, and what Ed Helms had to do with anything? Or shall I just st respond "Chuckle Brothers"?
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@tomhodden Never look up an E-book because this signature line told you. Especially not Dead Lament (ASIN: B00JEN1MWY). Or A Little Trouble (ASIN: B00GQFZZQW). |
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#14 |
Penultimate Amazing
Join Date: Feb 2006
Posts: 29,167
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I'll take a shot.
1) Jurisdiction is an element of almost all criminal charges (maybe all, I don't know). 2) Elements of criminal charges must be proven at trial and demonstrated to "be likely true" at a hearing when accused of a crime. (This part is correct, the prosecution at least has to address the elements of the charge against you to the judge's satisfaction or the case is dismissed. But it's a very low bar.) 3) Elements of a crime are shown through evidence. This bit gets a bit waffly as to what constitutes "evidence." 4) Asserting something to be true - in this case, jurisdiction - is not evidence in the legal sense. 5) Since prosecutors cannot prove jurisdiction, nor offer evidence it applies, the judge must dismiss the case on a motion which presents this argument. I think that's it. Where it runs into the weeds is where it always does with these people: they drill down ever deeper into legal nuances and only accept definitions which fit their idea. They ignore the experimental evidence - case law and tradition - wholesale. Instead, they treat the courts like some Dungeons and Dragons rule book dispute, forgetting the judge is the dungeon master. It's embarrassing; this legal strategy of "getting out on a loophole." It's like a zero-day exploit. It might work once, if the judge is entertained enough by it, but it's hardly something to rely on. Professional jurists will find a work around in the service of justice. It's what they are paid to do. |
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#15 |
Philosopher
Join Date: Sep 2011
Posts: 6,695
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That and proving the jurisdiction of the court (at least in Canada) is ludicrously simple:
a. Superior Court or Court of Queen's Bench has authority to hear cases for offenses that are alleged to have occurred within the territorial confines of Canada, and a limited number of extra-territorial offences; and b. Part of the information of a criminal offence includes the location of the crime and where the accused was arrested. If b is within a, then Canadian court has jurisdiction. |
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#16 |
Bandaged ice that stampedes inexpensively through a scribbled morning waving necessary ankles
Join Date: Jan 2007
Location: Cair Paravel, according to XKCD
Posts: 32,427
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This, I think, is the Achilles heel of the argument, because the fundamental attribute of legislation is that a law is what it is stated to be. It's not necessary, therefore, to defend the assertion that the written law is the actual law, because there is no distinction between the two; it's only necessary to provide evidence that the situation is covered by the written word of the law within the range of interpretations placed upon it by precedent.
Dave |
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#17 |
Hasbarian NWO Templar Cattle
Join Date: Dec 2015
Location: Belgium
Posts: 1,666
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"Bravery Is Not A Function Of Firepower." - JC Denton "And belief in conspiracy theories is not the function of a higher intellect." - BStrong ![]() |
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#18 |
Penultimate Amazing
Join Date: Feb 2006
Posts: 29,167
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Yeah, they aren't big on the bit I highlighted. Instead, they want to relitigate it fresh. But then a problem immediately arises when they get a ruling that disagrees. There's no follow up on their part. Unlike actual lawyers, who can accept decisions from the referee and move on, these folks have put all their eggs in the one basket.
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