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

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 

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

At 12:42 PM 11/29/97 -0500, you wrote:
>  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,

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


Return to Table of Contents for

Supreme Law School:   E-mail