Pro Se: to proceed, to pro-se-cute.
Preliminary Review of the Use of "Pro Se"
. We find it necessary to "qualify" 'In Pro Se' and the use of it as it relates, or not, to "In Propria Persona". We advise people to submit any paperwork and make any appearances, "In Propria Persona", which sets the first stage of Jurisdiction, (Personum Jurisdiction) in a Court of Law regarding your Proceeding (Pro Se). Black's Law Dictionary (4th edition) defines Pro Se as follows: .
Pro Se: one proceeding for himself and on their own behalf, in person. .In review of the origins and meanings of words, etymologically, Pro Se means to proceed, and while one is proceeding they are pro-se-cuting, or proceeding with prosecution. You may be the one prosecuting, particularly if you are suing, thus you are proceeding, and are "Pro Se". However, in Colorable Courts, who do not have jurisdiction, you would not want to proceed (Pro Se), as that very word, states your willingness to proceed under the Jurisdiction of that court. .
'3' Factors of Jurisdciton in any Court of Law,which sets the Stage to Proceed (Pro Se). If you are proceeding in a Court, for yourself, on your own behalf; in person, then it would be necessary to know the '3' main factors at law, prior to proceeding (Pro Se). In regards to 'in person', you must first state your person as a proper person, "In Propria Persona", which sets your status (your standing in the community, and standing at Law). This sets Personum Jurisdiction; determines if the court has jurisdiction over you, your person. The second factor regarding jurisdiction is Subject Matter / Venue Jurisdiction. This is where you ask for the Judicial Authority of the Court (Delegation of their Authority--D.O.A.O) to determine if the Court even has jurisdiction over the subject matter(s), in regards to what you may be proceeding (Pro Se) about. The 3rd factor is Adjudication, wherein they impose sentencing, fines, penalities, punishments, and imprisonment as remedy for the injury you have done. Before proceeding to Adjudication there must be an injured party before the Court, for you to bring remedy to. Look around, your Accuser must be present, for the record in the court. Is there an injured party? . These are all proper procedures in any Court of Law, and these things must be identified before you proceed (Pro Se). You must be careful not to proceed (Pro Se) in a Court of Law, that is colorable and has no jurisdiction. We advise you not to go Pro Se, as most of the Courts you deal in are in fact Colorable Courts, and they do not have jurisdiction over you, the person, or the subject matter, therefore, you cannot proceed, and they cannot adjudicate. However, to find out if they are not colorable, is to ask for their Delegation of Authority, not just their Oath of Office, but the Delegation of Authority for that said Court. So don't let them fool you with the Oath. The Oath is also a request that you would make for them to present that states their obligation to uphold the constitution, and implicates them when they are going against it. .
Thank goodness for these 3 factors of Law. They are universal to any court, and are a guideline regarding whether you ought to proceed (Pro Se) in that court, or even be in that court. In essence status (Personum Jurisdiction) sets the stage, because if they have no jurisdiction over you, they have no jurisdiction over the matter. They could have jurisdiction over the matter, but not have jurisidiction over you. Jurisidiction is important, that is why it is the first issue at Law. Once the issue of Jurisdiction is placed before the Court, it must be satisfied BEFORE the court can proceed, and the issue of Jurisdiction can be brought up at any time. This is a fine line of opportunity for the court to confuse Pro Se and In Propria Persona, although they are two distinctly separate things, they take the opportunity to use a little bit of trickery, to trip you up, and gain jurisdiction early in the game over you, right at the juncture where you are in the process of stating your Status for the record that sets the stage to determine whether the court has jurisdiction to proceed over you. .
Regarding Pleas To Court. Additionally, you never make a Plea before a colorable court that has no jurisdiction over you, or over the subject matter, or at all. The fact that these courts force a plea, by making it for you, is proof that they are acting in Color and in violation of their Oath, which is to secure, protect and preserve the rights of the people. A Judge cannot practice law over the bench. By him/her making a plea for you, they are acting as Power Of Attorney over you, of which you did not give them Power of Attorney-- Did You? If so, it would typically be done in written form, so ask that they produce the contract, that you signed, giving them Power Of Attorney over you. Imagine the Judge, being your Attorney, and being a disingenuous one at that, because he is trying to stick you with fines and penalties. An Attorney is an Officer of the Court, who's first obligation is to the court and not to you. This is described in the definiton of "In Propria Persona" from Black's Law Dicitonary (4th edition) as follows:
In Propria Persona: In one’s own proper person. It was formerly a rule in pleading that pleas to the jurisdiction of the court must be plead in propria persona, because if pleaded by an Attorney they admit the jurisdiction, as an Attorney is an Officer of the Court, and he is presumed to plead after having obtained Leave, which admits the jurisdiction.That is why you cannot obtain an Attorney, when you are in Proper Person Status or are Pro Se, as Pro Se means to proceed on your own; in your own behalf, in person, however, Pro Se, does not determine your (person) status. This is where they attempt to trip you up. Pro Se is not to be confused with the manner or status in which you are proceeding as your status is what sets the stage as to whether or not the court has jurisdiction over you and whether or not you ought to be proceeding in that court. This is why they like to force an Attorney on you. They say you must have a licensed attorney. There is no such thing as license to practice law. If there is a license, ask that they produce it -- they can't -- it doesn't exist. Do not be fooled by their Bar Association Card, it is not a license, it is a membership card. Law is common to all, and there is no need to have a license to exercise law, and preserve your rights. There is a difference between a Lawyer and an Attorney. A Lawyer is a Law man, a lay man of common law -- it is you. When you hear someone say that they are a 'Constitutional Lawyer", you need to ask yourself, what other kind of Lawyer would there be, as the Constitution is where all Law and power of judicial authority is derived from. Thus, colorable courts present to you "Attorneys at Law, who are practicing law, and are members of a private BAR association. Sounds like it doesn't make a differnece, however All Law is specific and it specifically does make a difference and makes sense..The question is "Are You In Pro Se" are you proceeding in this court or not? If in a colorable court -- NOT! They try to get you to admit to the proceedings (of a colorable court), before you can get them to admit that they have no jurisdiction to proceed. This is why they put in Pleas for you, they wish to proceed with you. By you going Pro Se, although you may be proceeding, you are admitting to proceed with them, under their jurisdiction (somewhat tricky)..
For example: If you go in and say I am "In Propria Persona"; they will say, "Are you Pro Se?" Your response ought be No, we cannot proceed, (which is what Pro Se means), until status has been noted for the record, and then Jurisdiciton of this court has been satisfied. As I am here in Propria Persona, by special appearance to clear up the Matter. If you say Yes, I am in Pro Se, they take that (yes) as your willingness to move forward and proceed (Pro Se) in their colorable court, giving them Jurisdiction over your person, (trickery). Bottom line if they are not a proper Court, you will not be proceeding. Similarly is the trick wherein they ask if you waive your right to counsel, and you say yes, because you are thinking, in lack, that you are waiving their court appointed attorney, when in fact, you just said you are waiving your right, and you are not to waive any of your rights (trickery).
.Additonal example: You would not want to be in Pro Se (proceeding) in a Traffic Court, as it is not a lawful court. This is why you Demand it to be dismissed. Upon requesting their Delegation of Authority, you would find there is no such Court as "Traffic Court" in the first place.In conclusion, in matters of lawful procedures, yes, you are both, Pro Se (proceeding) in person, proper person, In Propria Persona. However you do not Proceed (Pro Se) or make a Plea in a court that has no Jurisdiction. Ask them for their Delegation of Authority via an Averment of Jurisdiction, to determine if they have judical authority in the first place, and if they do, it will describe the authority delegated to them so you know what they have authority over, before you give them judicial authority / Jurisdiction over you. .We trust this simplified explanation brings clarity to the important issue of Jurisdiction, meaning the Judicial diction (sentencing) over you in the first place. Thus, the factors that set Jurisdiction ought never be waived, but need to be examined and placed before the court, prior to admitting to the Jurisdiction of a Court that you know nothing about. Status sets who you are, now ask who they are, by requesting their Judicial Authority, Delegated to them by Congress (in written form), per Article III, Section 2, of the Supreme Law of the Land -- the Constitution. This presentment will lawfully affirm who they are, before you proceed (Pro Se). Don't forget there must be an injured party before the Court, for you to bring remedy to in the first place, which is what creates the complaint (the Complainant), as opposed to you being sentenced, fined, penalized and imprisoned, over a non-injured party matter, in a non-judicial authority tribunal.