Time: Sat Nov 29 11:32:12 1997 by primenet.com (8.8.5/8.8.5) with ESMTP id LAA10970 for <pmitch@smtp-local.primenet.com>; Sat, 29 Nov 1997 11:02:44 -0700 (MST) by smtp04.primenet.com (8.8.7/8.8.7) id LAA02191; Sat, 29 Nov 1997 11:00:01 -0700 (MST) via SMTP by smtp04.primenet.com, id smtpd002172; Sat Nov 29 10:59:52 1997 Date: Sat, 29 Nov 1997 10:59:58 -0800 To: Phyllis Keys <pkeys@qn.net> From: Paul Andrew Mitchell [address in tool bar] Subject: SLS: Fails to state a claim. If you were in a small claims court, for example, and the plaintiff was charging you with murder in the first degree, this complaint would constitute a claim upon which relief could not be granted, because that court is not competent to try such a matter. Each claim must be capable of being cognized, or "re-cognized" by the court which has been petitioned. Thus, as your first line of defense, you would respond that the small claims court has been asked to adjudicate a claim which cannot be cognized by that particular court; in other words, it cannot grant any relief whatsoever, because it has no jurisdiction whatsoever to do so. Courts can only grant relief, if they have original or appellate jurisdiction over the subject matter. It is incumbent upon the Plaintiff(s), therefore, to select the correct court of original jurisdiction, as distinct from appellate jurisdiction (i.e. the court which has power to hear appeals from the court of original jurisdiction). Thus, "fails to state a claim upon which relief can be granted [by this court, because this court cannot grant relief over this subject matter in the first instance.]" In federal courts, it is very easy, because jurisdiction over every subject matter must be granted to specific court(s) by Acts of Congress, with the exception of Article III judicial power courts, which obtain their authority from the "Arising Under" Clause in the U.S. Constitution, i.e. "arising under the constitution, law, and treaties of the United States." These latter courts would be the District Courts of the United States ("DCUS"). In state courts, the courts of most general and most powerful original jurisdiction are the Superior Courts, aka District Courts of [Alabama, Alaska, Arizona ... Wyoming]. Their original jurisdictions are granted by their respective state constitutions, governed by the Tenth Amendment in chief, and certain human rights treaties, pursuant to the Supremacy Clause. Does this help? /s/ Paul Mitchell http://supremelaw.com At 12:42 PM 11/29/97 -0500, you wrote: >Hi, > I can't seem to get through my head what the following really means. >Can you explain it to me? > What does it mean when they say, "You have failed to state a claim upon >which releif can be granted"? >Thank you, >Phyllis > > > =========================================================================== Paul Andrew Mitchell, Sui Juris : Counselor at Law, federal witness 01 B.A.: Political Science, UCLA; M.S.: Public Administration, U.C.Irvine 02 tel: (520) 320-1514: machine; fax: (520) 320-1256: 24-hour/day-night 03 email: [address in tool bar] : using Eudora Pro 3.0.3 on 586 CPU 04 website: http://supremelaw.com : visit the Supreme Law Library now 05 ship to: c/o 2509 N. Campbell, #1776 : this is free speech, at its best 06 Tucson, Arizona state : state zone, not the federal zone 07 Postal Zone 85719/tdc : USPS delays first class w/o this 08 _____________________________________: Law is authority in written words 09 As agents of the Most High, we came here to establish justice. We shall 10 not leave, until our mission is accomplished and justice reigns eternal. 11 ======================================================================== 12 [This text formatted on-screen in Courier 11, non-proportional spacing.] 13
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