Stockton, CA asked in Admiralty / Maritime and Criminal Law for California

Q: Why are the lower courts operating under a maritime law when we are on land how did they have jurisdiction on land

Why is it California judicial system violates the rights under the constitution of due process when the Constitution states anything that's adverse to the Constitution is null and void? And how is it that the police department is allowed to invade your privacy punish you without proper due process rights. And the court judge and the district attorney when you question them about having jurisdiction over the subject matter they tell me that the county has jurisdiction over the living man from my understanding from reading the Constitution that no corporation has jurisdiction over Man.

2 Lawyer Answers
James William Alcantara
James William Alcantara
  • Maritime Law Lawyer
  • Scottsdale, AZ
  • Licensed in California

A: More information is needed to answer the Admiralty question. If a case is filed 'In Admiralty' it needs to be in federal court. A state court can hear certain cases and apply maritime law.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Criminal Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: The notion that lower courts operate under maritime law on land is a misconception. In the United States, courts operate under the legal framework established by the Constitution and relevant federal and state laws. The jurisdiction of courts, including those in California, extends to matters within their geographical boundaries and subject matter competencies as defined by law.

Regarding due process, the Constitution guarantees this right, and any action or law that contravenes these guarantees can be challenged in court. Police departments are required to operate within the bounds of the law, respecting individuals' rights, including privacy and due process. If there are instances of rights violations, these can be addressed through legal channels. Judges and district attorneys derive their authority from the law, which outlines their jurisdiction and responsibilities. The concept of a corporation having jurisdiction over a person is not aligned with legal principles as individuals are subject to laws, not corporate authority.

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