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CHAPTER.15
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Court Jurisdiction
"A Justice's Court is an inferior court, and its jurisdiction
must be shown affirmatively by a party relying upon, or claiming
any right under, its judgments." Jolley v. Foltz (1867), C.
321.
"A judgment is absolutely void if it appears that there was a
want of jurisdiction in the court rendering it either of the
subject matter or the person of the defendant." Hahn v. Morse
(1868), C. 391.
"An officer who acts in violation of the Constitution ceases
to represent the government." Brookfield Const. Co. v. Stewart, 284
F.Supp. 94.
"Judges not only can be sued over their official acts, but
could be held liable for injunctive and declaratory relief and
attorney's fees." Lezama v. Justice Court, A025829.
"There is no common law judicial immunity." Pulliam v. Allen,
104S.Ct. 1970; cited in Lezama v. Justice Court, A025829.
"Judge acted in the face of clearly valid statutes or case law
expressly depriving him of (personal) jurisdiction would be
liable." Dykes v. Hosemann, 743 F.2d 1488 (1984).
"In such case the judge has lost his judicial function, has
become a mere private person, and is liable as a trespasser for
damages resulting from his unauthorized acts."
"Judge's honesty of purpose and sincere belief that he was
acting in discharge of his official duty was not available as
defence in action."
"Where there is no jurisdiction there is no judge; the
proceeding is as nothing. Such has been the law from the days of
the Marshalsea, 10 Coke 68; also Bradley v. Fisher, 13 Wall
335,351." Manning v. Ketcham, 58 F.2d 948.
"A distinction must be here observed between excess of
jurisdiction and the clear absence of all jurisdiction over the
subject-matter any authority exercised is a usurped authority and
for the exercise of such authority, when the want of jurisdiction
is known to the judge, no excuse is permissible." Bradley
v.Fisher,13 Wall 335, 351, 352.
"The immunity of judges for acts within their judicial role is
beyond cavil." Pierson v. Ray, 386 U.S. 547 (1957).
"Ignorance of the law does not excuse misconduct in anyone,
least of all in a sworn officer of the law." In re McCowan (1917),
177 C. 93, 170 P. 1100.
"All are presumed to know the law." San Francisco Gas Co. v.
Brickwedel (1882), 62 C. 641; Dore v. Southern Pacific Co. (1912),
163 C. 182, 124 P. 817; People v. Flanagan (1924), 65 C.A. 268, 223
P. 1014; Lincoln v. Superior Court (1928), 95 C.A. 35, 271 P. 1107;
San Francisco Realty Co. v. Linnard (1929), 98 C.A. 33, 276 P. 368.
"It is one of the fundamental maxims of the common law that
ignorance of the law excuses no one." Daniels v. Dean (1905), 2
C.A. 421, 84 P. 332.
"Traffic infractions are not a crime." People v. Battle, 50
Cal. App. 3, step 1, Super, 123 Cal. Rptr. 636, 639.
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