Sat, 01/11/2014 - 18:32
Radio Show Archive(s):
January 11, 2014 - 1st Hour
January 11, 2014 - 2nd Hour
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Today's Topics and Show Links:
Today's show has a guest Merle from Iowa. Merle asserts that when one of the people of the several states is facing a statutory or administrative charge or citation, that when one makes a general appearance, one submits to the jurisdiction. And as most of us know, once jurisdiction is established in the administrative courts, the Constitution has no bearing on the proceedings. One cannot avail themselves of any protections afforded under the Bill of the Rights for instance.
When a person wishes to challenge personal jurisdiction, he or she must take care in appearing before the court in the forum state. If the defendant makes a general appearance, the court will take this to be an unqualified submission to the personal jurisdiction of the court. The defendant waives the right to raise any jurisdictional defects.
To prevent this from happening, a defendant must request a special appearance before the court. A special appearance is made for the limited purpose of challenging the sufficiency of the Service of Process or the personal jurisdiction of the court. If any other issues are raised, the proceeding becomes a general appearance. The court must then determine whether it has jurisdiction over the defendant. If the defendant is found to be within the personal jurisdiction of the court, the issue may be appealed. Some states permit an immediate appeal, whereas others make the defendant raise the issue after the case has been heard on its merits in the trial court.
4.2 COMMON LAW RULE OF CONSTRUCTION.
The rule of the common law, that statutes in derogation thereof are to be strictly construed, has no application to this Code. Its provisions and all proceedings under it shall be liberally construed with a view to promote its objects and assist the parties in obtaining justice.