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Ruwack Naziyr Zadaq: YishmaEl c/o Mr.

Keith @ Postal Service Address: 330 SW 43rd Street Renton, Washington

IN THE MUNICIPAL COURT OF THE CITY OF SEATTLE THE CITY OF SEATTLE and OFFICER MARY UNGER Plaintiff-in-Error, ) ) ) ) ) ) ) ) ) ) ) ) ) ) CLERK ACTION REQUIRED Case No. 547879 AMENDED MOTION TO STRIKE/DISMISS COMPLAINT AND REQUEST FOR FULL FINDING OF FACT AND CONCLUSIONS OF LAW Lack of In Personam & Territorial Jurisdiction August 21, 2012 8:30am Traffic Court

vs.

Ruwack Naziyr Zadaq: YishmaEl Aggrieved Defendant, pro se

Now Comes Ruwack Naziyr Zadaq: YishmaEl alleged defendant, by special appearance, not submitting to the courts jurisdiction, who hereby moves this court to strike/dismiss the complaint filed by MARY ANNE UNGER badge#5384, to present a cause of action or crime. Failure to present the court a case deprives the court of jurisdiction. Grounds are further set forth below. The court is further requested to provide a full findings of fact and conclusions of law if the court denies this motion. Just saying it doesnt apply is not a sufficient grounds to deny this motion. Because some courts refuse to disclose the nature of the proceedings, this motion covers both civil and criminal. If deemed to be civil, the criminal parts may be ignored and vice-versa. 1. No case, crime or cause of action. The foundation for the courts jurisdiction is the purpose of government itself: governmentsare established to protect and maintain individual rights. Washington constitution article 1 1.

This is why to have a case or cause of action; a plaintiff must plead the violation of a legal right: the duty of this court, as of every judicial tribunal, is limited to determining rights of persons or of property, which are actually controverted in the particular case before it. Tyler v. Judges of the Court of Registration, 179 U.S. 405, 21 SCt. 206, 208. The basic elements of a case or cause of action is the violation of a legal right and loss or harm. The alleged plaintiff, a legal fiction at best, ostensibly acting through OFFICER MARY ANNE UNGER & badge#5384 has not pled any violation of a legal right or harm. Legally there is no cause of action: A Cause of action is some particular legal right of plaintiff against defendant, together with some definite violation thereof which occasions loss or damage. Luckie v. McCall Manufacturing Co., 152 So.2d 311, 314 Soowal v. Marden, 452 So.2d 625, 626. This includes proceedings like these allegedly criminal in nature: "Causation consists of two distinct subelements. As legal scholars have recognized, before a defendant can be convicted of a crime that includes an element of causation, the State must prove beyond a reasonable doubt that the defendant's conduct was (1) the "cause in fact" and (2) the "legal cause" (often called "proximate cause") of the relevant harm...In order to establish that a defendant's conduct was the "cause in fact" of a particular harm, the State usually must demonstrate that "but for" the defendant's conduct, the harm would not have occurred." Eversly v. State, 748 So.2d 963, 966-967 (Fla. 1999). It is a fundamental principle of law that no person be adjudged guilty of a crime until the state has shown that a crime has been committed. The state therefore must show that a harm has been suffered of the type contemplated by the charges (for example, a death in the case of a murder charge or a loss of property in the case of a theft charge), and that such harm was incurred due to the criminal agency of another. Thus, it is sufficient if the elements of the underlying crime are proven rather than those of the particular degree or variation of that crime which may be charged. State v. Allen, 335 So. 2d 823,825 (Fla. 1976). Even if the absurd claim is made harm is not a necessary element of a real crime, the complaint is still fatally flawed as there is no accusation alleged defendant violated any ones legal rights. If there were a true adversary against alleged defendant, it would be laughable to even try to discuss causation because defendant is not accused of causing anything, real or imagined. 2. No corpus delecti. The corpus delecti is the body of the crime itself. Virtually every American jurisdiction agrees its an absolutely essential element of any crime and is consistent with the stated purpose of American governments:

Corpus delecti is usually proven by following two elements: injury or loss, and someones criminal act as cause thereof State v. Smith, 801 P.2d 975, 115 Wash.2d 775. Corpus delecti consists of injury or loss and someones criminal act which caused it. State v. Espinoza, 774 P.2d 1177, 1182, 112 Wash.2d 819. "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.] (Calif). "In defining 'corpus delecti' Wharton says: 'It is made up of two elements: (1) That a certain result has been produced...(2) That some one is criminally responsible for the result..." McVeigh v. State, 53 S.E.2d 462, 469 (Georgia). "In order to prove that a crime occurred, the State must prove beyond a reasonable doubt: (1) the basic injury..., (2) the fact that the basic injury was the result of a criminal, rather than a natural or accidental cause..." State v. Libero, 83 P.3d 753, 763 (2003), [quoting State v. Dudoit, 55 Haw. 1, 2, 514 P.2d 373, 374 (1973)] (Hawaii). Occurrence of injury or loss, and its causation by criminal conduct, are termed the corpus delecti. People v. Assenato, 586 N.E.2d 445, 448, 166 Ill.Dec. 487, 490. (Illinois). "While the corpus delecti must be proved beyond a reasonable doubt...it may be established by circumstantial evidence..." James v. State, 248 A.2d 910, 912. (Maryland) Criminal responsibility is imposed on the basis of the intentional doing of an act with awareness of the probability that the act will result in substantial damage, regardless of whether the injury turns out to be minor or insignificant. Com. v. Ruddock, 520 N.E.2d 501. (Massachusettes) The term corpus delecti embraces occurrence of loss or injury and criminal causation thereof. State v. Hill, 221 A.2d 725, 728, 47 N.J. 490. (New Jersey) It has long been fundamental to the criminal jurisprudence of this Commonwealth that a necessary predicate to any conviction if proof of the corpus delecti, i.e., the occurrence of any injury or loss and someone's criminality as the source of this injury or loss. See Commonwealth v. Burns, 490 Pa. 619, 627, 187 A.2d 552, 556-557 (1963); Commonwealth v. Turza, 340 Pa. 128, 133, 16 A.2d 401, 404 (1940)." Commonwealth v. Maybee, 239 A.2d 332, 333. (Pennsylvania) The corpus delecti of a crime consists of two elements: (1) the fact of the injury or loss or harm, and (2) the existence of a criminal agency as its cause [citations omitted] there must be sufficient proof of both elements of the corpus delecti beyond a reasonable doubt. 29A American Jurisprudence Second Ed., Evidence 1476. This is not the same as the corpus delecti rule which is not an element of the alleged crime, but a procedural rule.

There is no corpus delecti pled in the complaint. Without a corpus delecti there is no crime: Component parts of every crime are the occurrence of a specific kind of injury or loss, somebodys criminality as source of the loss, and the accuseds identity as the doer of the crime; the first two elements are what constitutes the concept of corpus delecti. U.S. v. Shunk, 881 F.2d 917, 919 C.A. 10 (Utah). 3. Lack of jurisdiction. Standing represents a jurisdictional requirement which remains open to review at all stages of the litigation. National Organization for Women, Inc., v. Scheidler, 510 US 249. Because there is no corpus delecti, there is no crime. Yes, there is a so-called crime alleged on paper, but the allegation fails to meet every legal standard of what a crime is. Also, because American governments are established for the sole purpose of protecting rights, a true crime requires the violation of a legal right. Alleged defendant is not accused of violating anyones legal rights, therefore, there is no crime/case or cause of action pled and the court has no jurisdiction. 4. The complaint is unfit for adjudication. Because American courts are adversary systems, the complaint is unfit for adjudication: The [Supreme] Court has found unfit for adjudication any cause that "is not in any real sense adversary," that "does not assume the `honest and actual antagonistic assertion of rights' to be adjudicated Poe v. Ullman, 367 U.S. 497, 505 (1961). Even if the phrase corpus delecti is not used, there is no doubt this is not an adversary proceeding as there are no allegations I violated any legal rights. 5. No evidence of presence within City/State and laws applicable. There are no facts pled to prove my presence within the plaintiff City of Seattle, State of Washington and the laws of the state are applicable to me. The Charter for the City of Seattle fails to establish grounds for a geographical area for the City of Seattle.Such evidence is essential to prove jurisdiction. Mere geographic location is not evidence of presence within the alleged plaintiff, State of Washington. Its impossible to prove my presence within the alleged plaintiff beyond a reasonable doubt or a preponderance of evidence. The State of Washington, while obviously not geographic, is at best political as it did not exist prior to November 11, 1889.

The phrase City of Seattle/State of Washington appears to be not much more than a dba or pseudonym for lawyers and police officers. This will be shown if a state lawyer responds to this motion. As the laws of the state only apply within the state, there is no evidence, and nothing alleged, the law of the state apply to me. If this is a criminal proceeding, then the assigned judge is obligated to presume my innocence until it is proven beyond a reasonable doubt. The judge may not assume the law is applicable now because it is an essential element of the alleged crime. 6. Courts jurisdiction not enlarged by police authority. The jurisdiction of the court is limited to protecting rights; this is not enlarged by alleging the police have authority to issue tickets. Such authority does not work to trump fundamental limitations on the courts. No amount of police authority may enlarge the limits of the adversary system. Adversary systems require true adversaries, this requires the allegation and proof of injury. The plaintiff has failed to make such allegations. Yes, police may have authority to issue traffic tickets, they must still allege injury for the court to proceed with jurisdiction. 7. Separation of Powers Doctrine. The Constitution for the State provides no exemption for the City of Seattle to employ a Judicial Officer, such as the attorney for the City of Seattle to perform actions for any office of the Executive Branch, such as the office for the City Attorney for the City of Seattle. "It is believed to be one of the chief merits of the American system of written constitutional law, that all the powers intrusted to government, whether State or national, are divided into the three grand departments, the executive, the legislative, and the judicial. That the functions appropriate to each of these branches of government shall be vested in a separate body of public servants, and that the perfection of the system requires that the lines which separate and divide these departments shall be broadly and clearly defined. It is also essential to the successful working of this system that the persons intrusted with power in any one of these branches shall not be permitted to encroach upon the powers confided to the others, but that each shall by the law of its creation be limited to the exercise of the powers appropriate to its own department and no other." State Ex Rel. Robinson v. Fluent . 241 Mar. 1948, quoting Kilboun v. Thompson, 103 U.S. 168, 26 L. Ed. 377 Continuing the elucidation, this court stated in Blanchard v. Golden Age Brewing Co., 188 Wash. 396, 63 P. (2d) 397:

While not expressly included in the constitution of this state, the concept of government as provided by our three co-ordinate departments of government, is well stated in the Massachusetts constitution of 1780, Art. XXX, 31: "In the government of this commonwealth, the legislative department shall never exercise the executive and judicial powers or either of them: the executive shall never exercise the legislative and judicial powers, or either of them: the judicial shall never exercise the legislative and executive powers, or either of them: to the end it may be a government of laws and not of men." State Ex Rel. Robinson v. Fluent, 241 Mar. 1948 8. Government in violation of the conditions of the Enabling Act of 1889 and thus in violation of the principals of the Declaration of Independence, United States and Washington State Constitutions. The City Attorney's office is under the erroneous belief that the government for Washington state has absolute power with the exceptions of the restrictions within the State Constitution. This belief is in error as the Enabling Act of 1889 entitled, AN ACT to provide for the division of Dakota into two States and to enable the people of North Dakota, South Dakota, Montana, and Washington to form constitutions and State governments and to be admitted into the Union on an equal footing with the original States, and to make donations of public lands to such States. Approved February 22, 1889 and recorded as 25 U.S. Statutes at Large, c 180 p 676. The State of Washington possesses no authority to regulate the private behavior of people on the highways, and therefore can convey no such authority to the City of Seattle. Attempting to grab and assert such power over the people of Washington, who are in fact the power or authority of Washington State required a republican form of government; and not a democratic society. Democracy in these united States is limited to the political arena, in such that politicians are voted into office by way of a democratic process. This means that the people did not want government or anyone else attempting to govern the private affairs of people and secured this government in order to protect the individuals rights regardless of race or color. See Section 4 Enabling Act 1889, [25 U.S. Statutes at Large, c 180 p 676.] . 8.1 Declaration of Independence.

...We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.--That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed... 8.2 Washington Constitution. State governments tend to claim that the power of the government is absolute and that its only restrictions are enumerated in the State Constitution. This is an erroneous theory and is disproved by the simple grant of power to the legislature of Common Carriers in Article XII, section 13 Common Carrier. If the theory of absolute power were in fact true then there would be no necessity for the State's Constitution to enumerate that specific power as it would already be inherent with the State. The State and it's political subdivisions are, in fact, required to maintain governments in harmony with the principals of protecting the rights of individuals. 8.3 United States Constitution. Washington government and it's political subdivisions are required to uphold and maintain, among other things, the 4th amendment. The City's/State's attempt to circumvent this law by creating, what is termed, victim-less laws is an attempt to usher in a government that is repugnant to characteristics of a republican form of government as mandated.

Conclusion Because the plaintiff has failed to allege the required elements of a cause of action/crime and there is no corpus delecti, the Court has no jurisdiction. As such, the court should either dismiss the complaint filed against alleged defendant or strike it. Submitted this 14th day of August 2012. _________________________________ Ruwack Naziyr Zadaq: YishmaEl

Certificate of service This is to certify that a true and correct copy of the foregoing has been delivered on this 14th day of August 2012, to the plaintiff at the following office located at:

PETER S. HOLMES c/o Brian Kilgore, Assistant City Attorney Criminal Division 700 Fifth Ave, 53rd Floor Seattle, Washington and received by ________________________________ Signature and delivered by: Heru-Amon I, Heru-Amon, a man, did personally deliver the Motion To Dismiss to Seattle City Attorney at the above listed address on the date noted herein. I am not a among the parties to this matter and neither am I related to the man in which I am delivering this document for. __________________________________ Printed Name

________________________________ Heru-Amon, a man

Proposed order

United States District Court District of Arizona CITY OF SEATTLE aka MARY ANNE) Case #547879

UNGER &badge#5384 plaintiff, vs. Ruwack Naziyr Zadaq: YishmaEl, defendant

) ) ) ORDER ) ) ) ) )

This matter, having come before the Court on defendants motion to dismiss; the Court being fully advised of the premises and good cause appearing, it is hereby ORDERED granting defendants motion to dismiss with prejudice.

_________________________ Judge of the Court

Date: