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“CORPUS DELICTI”

“For a crime to exist, there must be an injured party (Corpus Delicti) There can be no sanction or penalty imposed on one because of this Constitutional right.” Sherer v. Cullen 481 F. 945:

“With no injured party, a complaint is invalid on its face”. Gibson v. Boyle, 139 Ariz. 512

Supreme courts ruled “Without Corpus delicti there can be no crime”“In every prosecution for crime it is necessary to establish the “corpus delecti”, i.e., the body or elements of the crime.” People v. Lopez, 62 Ca.Rptr. 47, 254 C.A.2d 185.

“In every criminal trial, the prosecution must prove the corpus delecti, or the body of the crime itself-i.e., the fact of injury, loss or harm, and the existence of a criminal agency as its cause. ” People v. Sapp, 73 P.3d 433, 467 (Cal. 2003) [quoting People v. Alvarez, (2002) 27 Cal.4th 1161, 1168-1169, 119 Cal.Rptr.2d 903, 46 P.3d 372.].

“As a general principal, standing to invoke the judicial process requires an actual justiciable controversy as to which the complainant has a real interest in the ultimate adjudication because he or she has either suffered or is about to suffer an injury. ” People v. Superior Court, 126 Cal.Rptr.2d 793.

“Without standing, there is no actual or justiciable controversy, and courts will not entertain such cases. (3 Witlen, Cal. Procedure (3rd ed. 1985) Actions § 44, pp 70-72.) “Typically, … the standing inquiry requires careful judicial examination of a complaint’s allegations to ascertain whether the particular plaintiff is entitled to an adjudication of the particular claims asserted. ” (Allen v. Wright, (1984) 468 U.S. 737, 752…Whether one has standing in a particular case generally revolved around the question whether that person has rights that may suffer some injury, actual or threatened. ” Clifford S. v. Superior Court, 45 Cal.Rptr.2d 333, 335.

There are seven elements of jurisdiction and every element MUST be met in order for the court to proceed.

SEVEN ELEMENTS OF JURISDICTION….”

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