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Cyril’s administrative law motion: http://www.fu.gq.nu/6974.pdf

Lawyerdude’s Administrative Law theory included in a motion: http://www.fu.gq.nu/humvee.html

Administrative Law: Gilbert Summary available on the net. West publishes a textbook.

Toward the definition of a mental illness called “PNJ syndrome” and Debunking: PNJ claim that there are no Article III courts:

Top Ten Methods of Analysis: http://www.lawyerdude.8m.com/5221.html and Http://www.lawyerdude.netfirms.com/5221.html

How to analyze a story and identify PNJ drivel: Http://www.lawyerdude.netfirms.com/8209.html

Debunking PNJ myths - Attorney Larry Becraft publishes excellent debunking pages on the net.

There are several places where logical fallacies are discussed. One is Reed's textbook called "legal drafting" published by West Publishing.

Www.Quatloos.com has a wealth of data about Dorean group fraud and prosecution.

The Anti Defamation League debunks.

Morris Dees’s Southern Poverty Law Center debunks.

Debunking PNJ myth: There is no administrative prerequisite to a criminal prosecution.

The limitations and universes of Administrative Law

1. Administrative law is a way for the agency to govern itself and thereby save work for Congress and the various legislatures. To that extent there is a universe of administrative law that is strictly internal to the agency and does not pertain to a case against any particular human. They decide, for example, whether to buy energy saving light bulbs for the office.

2. There is a 2^nd universe of administrative law: This universe does indeed apply to individual human cases but it only determines rights that are solely within the province of the agency - such as the decision to give you food stamps. This 2^nd universe is subject to the constitutional mandates such as due process. Nonetheless, you must exhaust administrative remedies before marching into court. This is founded on public policy considerations. Otherwise the judicial branch would spend all day reading income statements and making clerical decisions that are rightly the province of the case worker in the administrative branch. The comparable driving case would be the case where the driver office demanded that you pay a toxic truck tax of $10,000 on your grain truck that you use to haul corn from the field. You must exhaust your administrative remedies before you sue the state in court regarding this $10,000 exorbitant fee.

3. There is a 3^rd universe. This is where the criminal laws are included in the code of the specialized agency - whether that code is on the computer or printed on paper.

Example, the big fat California Vehicle code book includes definitions of crimes such as drunk driving.

Example: Most drug crimes are found in the Health and Safety code - not in the penal code.

Example: The crime of practicing law without a license is found in the Business and Professions code.

Example: The crime of prescribing medicine without a license is found in the Business and Professions code. (I just made that up. I am speculating.)

Application: You get a speeding ticket driving your grain truck. This is a crime. Therefore the state is not obligated to exhaust its administrative remedies.

4. Conclusion: In the foregoing 3^rd universe, the full panoply of criminal defense rights accrue. The agency is not equipped to render this much due process. Therefore the courts are the appropriate forum. The Administrative branch is run by high school graduates - not judges and legislators. They achieve efficiency this way.

Rebutting Cyril’s Administrative Prerequisite Motion.

This section is not yet complete.

I took an elective course in administrative law many years ago. I read the books. They are dry and they don’t get into criminal cases - because administrative law and criminal law are different universes. I went down this road with Cyril. At first I accepted his brief at face value I even upgraded his brief. Cyril’s administrative law motion: http://www.fu.gq.nu/6974.pdf Lawyerdude’s Administrative Law theory included in a motion: http://www.fu.gq.nu/humvee.html In doing so I saw the logical fallacy of his theory. Here is where Cyril's theory failed.

The PNJ begin without a study of the law. They begin without a history of Administrative Law. The history of administrative law teaches that administrative law is based on efficiency. Neither Congress nor the courts have the manpower to micro-manage "the governing class" aka the plethora of administrative agencies.

Here is where your PNJ administrative prerequisite theory fails.

1. Generally speaking all administrative decisions are ultimately appealable by application to a court for a writ.

2. Your mistake is the erroneous conclusion that the converse is true. You erroneously conclude that administrative determination is a prerequisite to judicial action.

3. No administrative prerequisite exists to criminal prosecution.

4. In case there is confusion, remember that the word "criminal" has several meanings. One of them is "felonies, misdemeanors, and infractions".

5. Example: Dept of Motor Vehicles demands that you pay a toxic waste surcharge of $20,000 on your grain truck that you use only to haul corn from the field to the train. That type of action is administrative. The prerequisite applies.

6. Example 2: You get a ticket for drunk driving. There is no prerequisite for the state to exhaust administrative remedies.

7. Example 3: After your ticket, the DMV suspends your license: There is a requirement that you exhaust your administrative remedies.

Conclusion: The “exhaustion” theory is designed to exhaust YOU and not the state.

Corollary: the state is superior and the people are all slaves of the state.