DEMANDING TRIAL BY JURY JUDGMENT BY PEERS Copy 2
DEMANDING TRIAL BY JURY JUDGMENT BY PEERS Copy 2
2 Your address
[City, ST ZIP Code]
3
5 [COURT NAME]
6
7
[PLAINTIFF'S NAME], Case No.: [Number]
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Plaintiff,
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NOTICE TO COURT
10 vs.
DEMANDING A TRIAL BY JURY
11 IS REQUIRED UNDER 7TH
[DEFENDANT'S NAME],
AMENDMENT OF THE BILL OF
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Defendant RIGHTS FOR THE
13 CONSTITUTION FOR THE
UNITED STATES OF AMERICA
14
AND STATE OF [TYPE IN YOUR
15 STATE AND REMOVE BRACKETS
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CONSTITUTION AND MUST
REMAIN INVIOLATE
17 JUDICIAL NOTICE OF
18 ADJUDICATED FACT EX PARTE
YOUNG “eleventh amendment
19
provides no shield for a state official
20 confronted by a claim that he had
deprived another of a federal right
21
under the color of state law. ex parte
22 young teaches that when a state
23
officer acts under a state law in a
NOTICE TO COURTDEMANDING A TRIAL BY JURY IS REQUIRED UNDER 7TH AMENDMENT OF THE
24
BILL OF RIGHTS FOR THE CONSTITUTION FOR THE UNITED STATES OF AMERICA AND STATE OF
[TYPE IN YOUR STATE AND REMOVE BRACKETS CONSTITUTION AND MUST REMAIN
25
INVIOLATEJUDICIAL NOTICE OF ADJUDICATED FACT EX PARTE YOUNG “ELEVENTH
AMENDMENT PROVIDES NO SHIELD FOR A STATE OFFICIAL CONFRONTED BY A CLAIM THAT HE
26
HAD DEPRIVED ANOTHER OF A FEDERAL RIGHT UNDER THE COLOR OF STATE LAW. EX PARTE
YOUNG TEACHES THAT WHEN A STATE OFFICER ACTS UNDER A STATE LAW IN A MANNER
VIOLATIVE OF THE FEDERAL CONSTITUTION” - 1
1 manner violative of the federal
2 constitution”
3
NOTICE TO COURT
4
DEMANDING A TRIAL BY JURY IS REQUIRED UNDER 7TH
5
10 REMAIN INVIOLATE
11 JUDICIAL NOTICE OF ADJUDICATED FACT EX PARTE
12
YOUNG “eleventh amendment provides no shield for a state official
13
18
23
NOTICE TO COURTDEMANDING A TRIAL BY JURY IS REQUIRED UNDER 7TH AMENDMENT OF THE
24
BILL OF RIGHTS FOR THE CONSTITUTION FOR THE UNITED STATES OF AMERICA AND STATE OF
[TYPE IN YOUR STATE AND REMOVE BRACKETS CONSTITUTION AND MUST REMAIN
25
INVIOLATEJUDICIAL NOTICE OF ADJUDICATED FACT EX PARTE YOUNG “ELEVENTH
AMENDMENT PROVIDES NO SHIELD FOR A STATE OFFICIAL CONFRONTED BY A CLAIM THAT HE
26
HAD DEPRIVED ANOTHER OF A FEDERAL RIGHT UNDER THE COLOR OF STATE LAW. EX PARTE
YOUNG TEACHES THAT WHEN A STATE OFFICER ACTS UNDER A STATE LAW IN A MANNER
VIOLATIVE OF THE FEDERAL CONSTITUTION” - 2
1 IS NOT A PERSON1 RESIDING IN THE STATE2 WITHIN THE DISTRICT OF
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COLUMBIA, VIRGIN ISLANDS, COMMONWEALTH OF PUERTO RICO,
3
8 STATEMENT OF FACTS
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1. IT IS A FACT THE UNDERSIGNED IS A STATE CITIZEN [ TYPE IN
11
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YOUR NAME, AND REMOVE BRACKETS] HAS BEEN NOTIFIED BY
1
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17 28 USC Section 3002 (10) “Person” includes a natural person (including an individual Indian), a
corporation, a partnership, an unincorporated association, a trust, or an estate, or any other public or private entity,
18 including a State or local government or an Indian tribe.
2
19
28 USC SECTION 3002 (14) “State” means any of the several States, the District of Columbia,
20 the Commonwealth of Puerto Rico, the Commonwealth of the Northern Marianas, or any territory or possession of
the United States.
3
21
9 RESPONDENT.
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3. IT IS A FACT THE UNDERSIGNED RESPONDENT IS A SSTATE
11
12
CITIZEN AND IS GUARANTEED RIGHTS SECURED IN THE STATE
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ARE THESE RIGHTS WAIVED UNLESS IT IS IN WRITING WITH THE
20
AMENDMENT RIGHT TO TRIAL BY JURY ANY SUMMARY
9
PROCEEDINGS CORAM NON JUDICE6 PRESIDED BY A
13
"law of the land. The term in a constitutional provision that `no person ought to be taken,
14 imprisoned, or divested of his freehold, liberty or privileges, or outlawed or exiled, or in any manner deprived of his
life, liberty, or property but by the law of the land," is synonymous with due process of law” State V Balance, 229
15 NC 764, 51 SE 2d 731, 7 ALR 2d 407"
5
16
"A judge will not be deprived of immunity because the action he took was in error, was done
17 maliciously, or was in excess of his authority; rather, he will be subject to liability only when he has acted in the
`clear absence of all jurisdiction.'" Stump v. Sparkman, 435 US 349 - Supreme Court 1978
6
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19 CORAM NON JUDICE "before a person not a judge" — meaning, in effect, that the proceeding
in question was not a judicial proceeding because lawful judicial authority was not present, and could therefore not
20 yield a judgment” Burnham v. Superior Court 495 U.S. 604 (1990)
7
21
“If the petition filed in the State court before trial, and duly verified by the oath of the defendants,
22 exhibited a sufficient ground for a removal of the prosecutions into the Circuit Court of the United States, they were
in legal effect thus removed, and the writ of habeas corpus was properly issued. All proceedings in the State court
23 subsequent to the removals were coram non judice and absolutely void.” VIRGINIA v. RIVES, 100 US 313-
SUPREME COURT 1880
NOTICE TO COURTDEMANDING A TRIAL BY JURY IS REQUIRED UNDER 7TH AMENDMENT OF THE
24
BILL OF RIGHTS FOR THE CONSTITUTION FOR THE UNITED STATES OF AMERICA AND STATE OF
[TYPE IN YOUR STATE AND REMOVE BRACKETS CONSTITUTION AND MUST REMAIN
25
INVIOLATEJUDICIAL NOTICE OF ADJUDICATED FACT EX PARTE YOUNG “ELEVENTH
AMENDMENT PROVIDES NO SHIELD FOR A STATE OFFICIAL CONFRONTED BY A CLAIM THAT HE
26
HAD DEPRIVED ANOTHER OF A FEDERAL RIGHT UNDER THE COLOR OF STATE LAW. EX PARTE
YOUNG TEACHES THAT WHEN A STATE OFFICER ACTS UNDER A STATE LAW IN A MANNER
VIOLATIVE OF THE FEDERAL CONSTITUTION” - 5
1 JUDICIAL AUTHORITY NOT BEING PRESENT AND VIOLATION OF
2
DUE PROCESS
3
12
FEDERALLY SECURED RIGHTS AND ACTING WITHOUT
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NON-JUDICIAL PERSON’S SALARY IS DERIVED PARTIALLY OR
20
However, since Ex parte Young, 209 U. S. 123 (1908), it has been settled that the Eleventh
21 Amendment provides no shield for a state official confronted by a claim that he had deprived another of a federal
right under the color of state law. Ex parte Young teaches that when a state officer acts under a state law in a manner
22 violative of the Federal Constitution, he "comes into conflict with the superior authority of that Constitution, and he
is in that case stripped of his official or representative character and is subjected in his person to the consequences of
23 his individual conduct. The State has no power to impart to him any immunity from responsibility to the supreme
authority of the United States." Id., at 159-160. Scheuer v. Rhodes, 416 US 232 - Supreme Court 1974
NOTICE TO COURTDEMANDING A TRIAL BY JURY IS REQUIRED UNDER 7TH AMENDMENT OF THE
24
BILL OF RIGHTS FOR THE CONSTITUTION FOR THE UNITED STATES OF AMERICA AND STATE OF
[TYPE IN YOUR STATE AND REMOVE BRACKETS CONSTITUTION AND MUST REMAIN
25
INVIOLATEJUDICIAL NOTICE OF ADJUDICATED FACT EX PARTE YOUNG “ELEVENTH
AMENDMENT PROVIDES NO SHIELD FOR A STATE OFFICIAL CONFRONTED BY A CLAIM THAT HE
26
HAD DEPRIVED ANOTHER OF A FEDERAL RIGHT UNDER THE COLOR OF STATE LAW. EX PARTE
YOUNG TEACHES THAT WHEN A STATE OFFICER ACTS UNDER A STATE LAW IN A MANNER
VIOLATIVE OF THE FEDERAL CONSTITUTION” - 6
1 3. IT IS A FACT A TRIAL BY JURY IS NOT REQUIRED FOR
2
PATERNITY, BUT IS REQUIRED FOR ALL CONTROVERSIES OF $20
3
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Dated this [day] of [Month], [year].
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19 Your Name
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NOTICE TO COURTDEMANDING A TRIAL BY JURY IS REQUIRED UNDER 7TH AMENDMENT OF THE
24
BILL OF RIGHTS FOR THE CONSTITUTION FOR THE UNITED STATES OF AMERICA AND STATE OF
[TYPE IN YOUR STATE AND REMOVE BRACKETS CONSTITUTION AND MUST REMAIN
25
INVIOLATEJUDICIAL NOTICE OF ADJUDICATED FACT EX PARTE YOUNG “ELEVENTH
AMENDMENT PROVIDES NO SHIELD FOR A STATE OFFICIAL CONFRONTED BY A CLAIM THAT HE
26
HAD DEPRIVED ANOTHER OF A FEDERAL RIGHT UNDER THE COLOR OF STATE LAW. EX PARTE
YOUNG TEACHES THAT WHEN A STATE OFFICER ACTS UNDER A STATE LAW IN A MANNER
VIOLATIVE OF THE FEDERAL CONSTITUTION” - 7