UPDATE-Preponderance of evidence a term worth Repeating

This is a legal term worth repeating. And this particular post, please do pass on, since it relates to the amount of "Proof" needed, depending on the Court. I have taken the definition from our NFPCAR online Legal Definitions>> http://nfpcar.org/Legal/legalprint.htm I hope this helps, since, believe it or not, many lawyers aren't aware of the differences, but hopefully, we can ask a few questions to them to see if they are. (Related Power Point Presentation on Admin. Hearings>> FPLS-Administrative Law Presentation ) Plus other training>>http://www.examiner.com/foster-families-in-national/foster-parents-educational-resource-guide and  http://www.foster-parents-legal-solutions.com/education.html )

Do you know the difference between:

*Preponderance of Evidence
*Clear and Convincing
*Beyond a Reasonable Doubt?
If Not, you better do your homework. Since depending on the court system, the level of proof depends on these terms.

I'm not a lawyer, but here are some basic "unlegal" thoughts, depending on the court system:
Administrative Hearing: By some only 51% proof needed..ie "If it could have happened, it probably did."
Family/Civil Court: To initially remove a child, usually little proof needed. However, for TPR to occur, proof must be "Clear and Convincing". which is a sliding scale between proof needed in Admin. Hearing, for example to "Beyond a Reasonable Doubt", depending on the judge.
Criminal Court: "It damn well better have happened!!"..ie "Beyond a Reasonable Doubt"

• For those who can remember the trials of OJ Simpson?? Every wonder why he won in Criminal Court, but lost in Civil Court??

So here is the definition for Preponderance of evidence:

Preponderance of evidence A standard of proof that must be met by a plaintiff if he or she is to win a civil action.

In a civil case, the plaintiff has the burden of proving the facts and claims asserted in the complaint. If the respondent, or defendant, files a counterclaim, the respondent will have the burden of proving that claim. When a party has the Burden of Proof, the party must present, through testimony and exhibits, enough evidence to support the claim. The amount of evidence required varies from claim to claim. For most civil claims, there are two different evidentiary standards: preponderance of the evidence, and clear and convincing evidence. A third standard, proof Beyond a Reasonable Doubt, is used in criminal cases and very few civil cases.

The quantum of evidence that constitutes a preponderance cannot be reduced to a simple formula. A preponderance of evidence has been described as just enough evidence to make it more likely than not that the fact the claimant seeks to prove is true. It is difficult to translate this definition and apply it to evidence in a case, but the definition serves as a helpful guide to judges and juries in determining whether a claimant has carried his or her burden of proof.

The majority of civil claims are subjected to a preponderance of evidence standard. If a court or legislature seeks to make a civil claim more difficult to prove, it may raise the evidentiary standard to one of clear and convincing evidence.

Under some circumstances use of the low preponderance of evidence standard may be a violation of constitutional rights. For example, if a state seeks to deprive natural parents of custody of their children, requiring only proof by a preponderance of evidence is a violation of the parents' due process rights (Santosky v. Kramer, 455 U.S. 745, 102 S. Ct. 1388, 71 L. Ed. 2d 599 [1982]). Freedom in matters of family life is a fundamental liberty interest, and the government cannot take it away with only a modest evidentiary standard. However, a court may use a preponderance of evidence standard when a mother seeks to establish that a certain man is the father of her child (Rivera v. Minnich, 483 U.S. 574, 107 S. Ct. 3001, 97 L. Ed. 2d 473 [1987]). Most states use the preponderance of evidence standard in these cases because they have an interest in ensuring that fathers support their children.
http://legal-dictionary.thefreedictionary.com/Preponderance+of+evidence (added 2/08-GPC)(Related Reading: Burden+of+Proof+Begone.pdf (added 8/09)

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Related Blog>>Preponderance of Evidence VS Clear and Convincing. What is better???
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Finally, here is the: Model State Legislation -Parental Due Process Act << I highly recommend that you pass this on to others, since it has many ideas on what is needed primarily in our Family Courts... We, as parents and/or any who care for children, must have our "Fair Day in Court". Please keep in mind, the judge makes their decision on "What Proof is presented" which may not be the Truth of the full story.

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Our Affiliation

	National Foster Parent Coalition for Allegation Reform (NFPCAR) was  originated by Foster Parents Falsely Accused, in 2001. Throughout the years, and close to 80,000 posts on our Yahoo Discussion Group,  the organization has evolved to include ALL PARENTS  Falsely Accused by the Agencies, who were designated to Protect The Children.  We are the victims of the Governmental system (Parens patriae), who are supposed to be the protectors of abuse. It is time to stop the devastation to innocent families which is occurring daily across the country.  (Founded 2001) Join Us on facebook Go Now
	Foster Parents Legal Solutions (FPLS) was founded 1998. Our mandate was forged from direct personal involvement. We witnessed, first hand, the foster parent dilemma. We have personally experienced the bureaucratic quagmire with its personnel maze leading down the path to a legal and social abyss. We were made painfully aware of the need for a safety net against this out of control run away “child protection system”. Join Us on facebook Go Now
Subscribe to Foster Parent Allegations Founded 2001 Powered by groups.yahoo.com

• Training Guides offered by FPLS
  

Coming Soon Training Classes
through http://www.training-classes.com/

By Foster Parents Legal Solutions
Learn More
Power Point Training ~ Guide- "Standing in the Shadow of the Law" ~ "Did You Know Series" on Examiner.com

1. Power Point Training

• Administrative Law Presentation
• Allegations Presentation
• Documentation
• Foster Parents Presentation
   

2. Guide-"Standing in the Shadow of the Law"Although this valuable publication is being edited, as a 4th edition, it has been a valuable document for Foster Caregivers, Parents, Lawyers, and many who care for Our Children. Here are the Chapters in this Document:

• 1.  Administrative Law
• 2.  Our Rights are Being Trampled
• 3.   Intimidation 101
• 4.  The PRICE TAG That Lady Justice Wears
• 5.  Documentation.  How Important Is it?
• 6.  Creating Your Own Law Book
• 7.  News Article Collection
• 8. Criminal Law
•      Legal Terminology (Web Version- Rev. 07/10)
   

Ask Yourself>> Reason for Law Book?  & Using Your Law Book?
 

3. Foster Parent Families Examiner

In this and other questions in our current project, "Did You Know Series", we need to let the readers know that your Foster Families Examiner is not an attorney.  Therefore, can only offer you advice based on twelve years of experience in dealing in the Foster Care System, acting as an advocate for hundreds of foster parents.
Marilyn Harrison
National NFPCAR Director
Owner Foster Parents Legal Solutions

Some of the Topics Covered

• One Small Voice
• What Does Removal Do to the Children?
• Inadequate Training?
• In loco parentis?
• Role of the Agency

See More

I sincerely hope this information has stimulated some interest. "Knowledge is Power". And if each one of us wants to Care for Our Children, we must ALL be responsible for our actions. The basic concept of Agencies assisting our Families was to recognize, the concerns Families may have, and Guide them to make their Family Stronger in these trying times.

So please pass this information on to others, and keep in mind these three words: Sharing, Caring, and Guidance. Words that will assist those who call themselves "A Family".

"Sometimes it just takes One Small Voice to make a world of difference...I challenge you to be one of those voices"
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Foster Parent Training Providers and Trainers
Online Link to http://www.training-classes.com
 

I have been trained by acting as an advocate on behalf of foster parents across the nation for twelve years, and functioning as a foster parent myself for fifteen years.I also have one of the largest chat groups on line for foster parents who are under Administrative Law, and need assistance. A National toll free number has been functioning for twelve years, enabling them to have one on one counseling, a personal touch.
We have CD power point trainings available on this subject, currently being used, to train attorneys who specialize in "Family Law", When any of the attorneys have expressed an interest in learning more about "Administrative Law".
I am currently working on a book, commonly known as "Standing in the Shadow of Law", the fourth edition. It is a text book, if you will, to equip Foster Parents with an educational tool. It offers them an unparalleled opportunity to learn, grow and become more knowledgeable within this confusing Foster Care System. With the information that is within this book they can comfortably defend themselves, Pro Se. They can represent themselves in a courtroom atmosphere, Administrative Law. However, we do encourage them to obtain an attorney, this book organizes their cases for their attorney. The attorney's who have seen it, have been impressed with both it's contents and the instructions within.

We teach a basic course in
1."Administrative Law. We believe knowledge is your best defense. Other subjects we offer are as follows;
2. "Documentation, How important is it"?
3. "Allegations, the storm no one tells you about
4. " So you want to be a Foster Parent"?
5." Foster Parents Presentation.
These presentation are in the form of Power Point and easy to understand. We are happy to answer any questions that you may have after viewing the presentations. You will find the educational tools located on our website; www. foster-parents-legal-solutions. com
Why we seek to educate foster parents across the nation, because we believe that you need to have your questions answered. Not with the
"Gloss Over Approach" that a lot of trainings use, but with truth. We believe in you, and are here to support you.
We also have an information website at www. nfpcar.org where we store data on behalf of biological, foster/ adoptive parents. Welcome to the information highway for foster/ adoptive and biological parents. Marilyn Harrison your servant and advocate

Foster Parents Legal Solutions is based in Yarnell, AZ, USA

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May you find Strength in Your Higher Power,

 GranPa Chuck

  "We the "Little" People"

    Defend Yourself>>

  My Family Reform Blog
  My Family Rights Affiliation

Foster Parent Training...Administrative Law

Foster Parents Legal Solutions ...I have been trained by acting as an advocate on behalf of foster parents across the nation for twelve years, and functioning as a foster parent myself for fifteen years. I also have one of the largest chat groups on line for foster parents who are under Administrative Law, and need assistance. A National toll free number has been functioning for twelve years, enabling them to have one on more...

UPDATE: Allegations... on "Did you Know Series" examiner.com

This is a Precedent not only important to Foster Care Givers, but ALL Families. Please do read the thoughts of this "Did You Know?" blog, and do pass on to others.
GranPa Chuck, Keeper of the web files for http://nfpcar.org 
Now in Final Publication Draft: "Standing in the Shadow of Law"

 ~~~~~~~~~~~~~

Allegations. Part 2 of 6
Did you know? Series

We are learning more about allegations; a subject that is imperative to all foster parents, that is, imperative to your survival and your ability to continue serving your communities and your country.

Now let us continue with question:

• 2.  Will I have a chance to talk, will they listen to me?

Continue reading on Examiner.com

  ~~~~~~~~~~~~~Allegations. Part 1 of 6

Did you know? Series

Allegations; a subject that is essential to all foster parents, that is, crucial to your survival and your ability to continue serving your communities and your country. We are basing this series on the questions most frequently asked in our workshops, our questions are.

1. Where do allegations come from?
2. Will I have a chance to talk, will they listen to me?
3. What can I expect during an investigation?
4. Waiting, the hardest part.
5. Will the agency remove my foster children?
6. What about my biological children?

Continue reading on Examiner.com

**********************

Marilyn Harrison

• Foster Families Examiner

Subscribe

Marilyn, the National Administrator for Foster Parents Legal Solutions, business for 12 years, and National Director for NFPCAR one of the most successful support groups on the internet on behalf of Foster/adoptive/and biological parents. Her outstanding articles published in Fostering Families Today magazine, the author of Standing in the Shadow of Law. She offers an unequaled educational facilitation in the field of Administrative Law, Pro Se, handling your own case, or assistance to your attorney. She has assisted thousands of foster parents facing an epidemic of allegations across our Nation. She is not an attorney, but an advocate.

• Training Guides offered by FPLS

Coming Soon Training Classes
through http://www.training-classes.com/

By Foster Parents Legal Solutions
Learn More

Power Point Training ~ Guide- "Standing in the Shadow of the Law" ~ "Did You Know Series" on Examiner.com

1. Power Point Training

• Administrative Law Presentation
• Allegations Presentation
• Documentation
• Foster Parents Presentation

2. Guide-"Standing in the Shadow of the Law"Although this valuable publication is being edited, as a 4th edition, it has been a valuable document for Foster Caregivers, Parents, Lawyers, and many who care for Our Children. Here are the Chapters in this Document:

• 1.  Administrative Law
• 2.  Our Rights are Being Trampled
• 3.   Intimidation 101
• 4.  The PRICE TAG That Lady Justice Wears
• 5.  Documentation.  How Important Is it?
• 6.  Creating Your Own Law Book
• 7.  News Article Collection
• 8. Criminal Law
•      Legal Terminology (Web Version- Rev. 07/10)
   

Ask Yourself&gt;&gt; Reason for Law Book?  and; Using Your Law Book?

 

Facts VS Opinions or Inference

Fact

A fact is an established truth, something that is evident, clearly seen, indisputable, beyond doubt.

This term is widely misused by lawyers today, perhaps because some lawyers are more intent on winning their cases than sticking closely to the truth. 

Facts are facts ... not guesses, hunches, beliefs, opinions, inferences, or suppositions. 

It may be a fact that someone has an opinion, for example, but the opinion itself is only an opinion, not a fact ... regardless of the education or stature of the person who holds the opinion. Facts exist. Facts are real. Facts are not fanciful constructions of the mind. Facts are facts. Like Jack Webb used to say as Joe Friday on the "Dragnet" TV series, "We just want the facts, ma’am." Today’s courts are perhaps too inundated by outrageous performances by which lawyers seek to lead juries to believe hypotheses based solely on opinions, circumstances, or unsupported legal rhetoric and courtroom drama. Facts should be the bedrock of American justice. Facts and facts alone.

Truth

Truth is that which is. Truth includes what was and what is yet to be. Truth is the sum of all facts. Truth is not subject to interpretation or opinion though, certainly, there is no shortage of human views of what is truth and what truth is not. In spite of all opinion, truth is not subject to human views. Truth exists even where no human ever ventured. Truth was in the beginning and will endure beyond the end.

• No false thing is ever true.
• No truth is ever false.
• Truth is the litigant’s most powerful tool. Cling to it. Insist upon it in your lawsuit. Demand it from your adversaries, and compel the court to permit no deviations.
• Lawsuits should be decided solely upon the merits of the law and facts.
• No lie has any place in the deliberations of justice.
• Let truth alone guide our courts.

Evident

That which can be clearly seen, plain, apparent, obvious. This word is the root of evidence, q.v.

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Inference

A conclusion that reasonably can be drawn from a particular fact or set of facts. In all cases that involve circumstantial evidence, inferences are drawn from direct facts that support the inference and from which facts no reasonable contrary inference can be drawn. Inferences in a court of law should not be fanciful, improbable, nor rely on other inferences. For more, see circumstantial evidence.

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May you find Strength in Your Higher Power,

 GranPa Chuck

  "We the "Little" People"

    Defend Yourself>>

  My Family Reform Blog   My Family Rights Affiliation 

Silencing Lawyers....

~~~~~~Tips and Topics from Jurisdictionary~~~~~ Silencing Lawyers ... Click Here for other Tips & topics from Jurisdictionary

Just a quick tip today. Lawyers cannot "testify". They do it anyway. Because people allow it! The rules forbid it. You can stop it, if you do what I teach! You must stop it, if you want to win! This mid-week Tips & Tactics can only touch on this very important point of lawsuit warfare, but do what I say here (and learn the rest in my leading, affordable, case-winning, official Jurisdictionary step-by-step 24-hour course that everyone is talking about) and you can stop the lawyer on the other side from cheating! That's right! It's cheating for lawyers to testify. Why? They lack "legal competence" to act as witnesses! Lawyers lack personal, first-hand knowledge of the facts of their client's cases. In legal terms, we say they lack the requisite "competence" to testify. The only people who can testify to facts are people who have "personal, first-hand knowledge" of the facts. (More about this in my course.) YOU MUST STOP LAWYERS FROM TESTIFYING! They will sneak it in whenever they can. They will do all they can to get into the record facts for which they have no witnesses, documents, or things to prove those facts. Not only that, but they will "testify to facts" for which they have witnesses just to emphasize the facts, and this too is against the rules. The rules forbid lawyer testimony! Learn from me and increase your odds of winning! Lawyers will sneakily talk about facts that they have no witness to talk about, no documents or other things to use to prove the facts they talk about. They will "tell" the court the facts they cannot prove ... against the rules! It is cheating of the highest order! But, they will do it ... if you allow it! It is against the rules ... rules that are your friend! If you allow it, you weaken your case. If you allow enough of it, you will lose! Not enough time today to go into detail about this, but the next time the lawyer on the other side starts leading his own witness or telling the court what the facts are, you jump to your feet and say, "Objection, your Honor. Counsel is testifying. Counsel lacks personal first-hand knowledge of the facts to which he (or she) is testifying. Move to strike." If the judge allows the cheating to continue, object again! Many lawyers are afraid of the judges, so if you hire a lawyer and pay the lawyer good money, don't be surprised when your lawyer (who is taking your good money) fails to object when his friend the lawyer on the other side begins to testify! If you have a lawyer, insist that your lawyer objects to any introduction of facts by lawyers on the other side! People pay lawyers to fight for them, but many lawyers refuse to fight the judge! But, fighting judges is part of what it takes to win! And, objecting forcibly is part of the tactic of winners! If you don't have a lawyer, YOU MUST OBJECT! Now is the time to order my affordable, case-winning Jurisdictionary step-by-step 24-hour course and study it carefully so you don't find yourself behind the 8-ball when it comes time to argue in court ... at hearings or at trial. Winning is easy if you learn what I teach in my course! I know what it takes to win. I practiced law nearly 25 years. I can help you, if you're willing to learn from me! Pro se people often do not get justice. Why? Let's examine a few facts: Most pro se people don't know the rules. Most pro se people don't know how to prevent the lawyer on the other side from playing tricks with the rules. Most pro se people make assumptions about what is "admissible evidence" and stuff that isn't. Most pro se people don't know how to draft their pleadings or motions properly. Most pro se people don't know why it's important to write proposed orders for the judge to sign. Most pro se people don't know why, when, or how to make effective objections in court. Most pro se people don't understand what facts are critical to winning a case and what facts are of no consequence but only muddy the waters with court-confusing insignificance. Most pro se people don't know why it's so vitally important to cite controlling appellate cases in support of their pre-trial and trial motions. Most pro se people don't know how to arrange for a written transcript to be made of all proceedings before the court, so they can control the judge. Most pro se people waste valuable court time with non-essentials, fail to appreciate the needs of others who have their own problems to bring before the court and, as a consequence, tend to make judges dread pro se cases. Pro se people who know what I explain so simply in the official Jurisdictionary step-by-step 24-hour course are winning and even getting compliments from judges and even opposing lawyers ... because they do it right! Not all judges are "against" pro se people "just because they are pro se". Most of the judges I knew in my 25 years were good people who cared about other people and did their best to guarantee justice according to the rules. But! You must know how to protect yourself! Pro se parties who know the rules and how to use them to protect themselves from courroom corruption the way my Jurisdictionary step-by-step 24-hour course makes so easy-to-understand don't let crooked lawyers get away with their smoke-and-mirrors tricks! It does no good to complain after losing. The difference between winners and losers is the fact that winners learn how to win! If you want to make it complicated and muddy the pond with all kinds of nutty arguments, you can do so, make the judge angry, and lose when your "evidence" isn't admitted because it isn't "admissible evidence", etcetera. You can demand your Constitutional Rights, instead of learning about causes of action and their elements that win lawsuits, and you will lose. You can refuse to learn the rules of evidence, the rules of procedure, and the tactics and strategies my course is so popular for making easy to learn, and you will lose! But! If you want to win, get my affordable Jurisdictionary step-by-step 24-hour course now and master the case-winning strategies and tactics I used for 25 years as a case-winning lawyer in state and federal courts. There is only ONE "Official Jurisdictionary" course! If you're paying a lawyer, know what your lawyer should be doing to earn his fee and win your case. If you don't have a lawyer, know what you must do to force the judge do what's right and prevent the lawyer on the other side from cheating. It's that simple. My affordable, popular, official Jurisdictionary 24-hour step-by-step lawsuit course will show you how to prepare orders, write powerful pleadings, draft and argue motions, object in court, get admissible evidence into the record, prevent the other side from getting lies into the record, do legal research, compose your legal arguments, and much, much more. You'll learn how to avoid filing an answer by moving the court to dismiss or strike the complaint or require a confusing or poorly-worded complaint to be re-written. You'll learn how to use effective discovery tools to force the other side to produce facts that may lead to admissible evidence. You'll discover how to move the court and demand that the judge enforce your legal rights. In short, you'll learn how to save money, maximize your winning power, and resolve conflicts peacefully and profitably ... according to the rules! _______________________________ Once you master the simple concepts I teach, you'll be more powerful than most lawyers I met in 25 years as a licensed lawyer in state and federal courts as a licensed bar attorney! Of course you cannot learn all you need to know about what it takes to win by waiting for my Tips & Tactics each week. You need to learn the case-winning tactics in my affordable Jurisdictionary course that will show you what it takes to win, step-by-step in just 24-hours. Whether plaintiff or defendant, you cannot hope to win if you don't know what my course teaches. These tips should convince you to order my complete course ... whether you're a plaintiff or defendant. If you don't know what opportunities you have in court, you don't have much of a chance of winning! Let me urge you to my course today (if you don't already have it) so you won't make the common mistake of assuming you already know everything you need to win! Remember: Winners are people who know how the game is played to win -- whether plaintiff or defendant. - - - - - - - You won't believe me, but most lawyers (and nearly all law school professors) don't have a clue what it takes to win. Many law schools don't teach "causes of action" or the elements necessary to prevail. It's true! Many law schools don't teach how to use your five (5) discovery tools or why you must be courageous and fight the judge and demand your right to get evidence in the record using your discovery tools. Many lawyers are afraid to upset judges, so they let things slide. They don't object. They don't "instruct" the judge on the law. They just lay back, take their hourly fee, and let their clients lose ... and those who pay lawyers yet don't know what Jurisdictionary teaches about winning are led to the slaughter by their own lawyer. Sad, but true! I know what it takes to win. I did this 25 years! My Jurisdictionary will show you how in just 24-hours, step-by-step! The Jurisdictionary Method wins lawsuits! Watch my video and see for yourself how easy it is to use knowledge, stealth, and wisdom to win in court! See what's important, what's not, and how to focus all your energy where it belongs: getting court orders! Most lawyers never learn what Jurisdictionary makes so easy-to-learn. People have been telling me since I started Jurisdictionary in 1997 that, "Your course should be required in first year law school." But, of course, that's not likely to happen, because what Jurisdictionary shows you isn't politically correct! I teach you how to control judges, instead of bowing to them, I I teach you how to overcome crooked lawyers and their all-too-common sneaky tricks! Political correctness prevents justice too often! Winning lawsuits is a brutal axe fight! Jurisdictionary is your ax! Read the testimonials in the right column ⇒ Thousands of people just like you are winning with my easy-to-learn 24-hour step-by-step course. Ask anyone who has my course. Everyone loves it! If you don't know what my course teaches, you lose! End of story! Winners do what Jurisdictionary makes easy-to-learn and don't wait until trial to get justice! Those who learn my affordable 24-hour step-by-step Jurisdictionary self-help course win ... no matter how high the odds are stacked against them! Winners know how to fight to win! Losers believe internet fables. Losers get their legal education at the barbershop or on websites or expensive weekend seminars run by people who never practiced law, never went to law school, and don't know mud from sand about rules or how to use them to control judges. Too many good folks believe mythological silver-bullet easy solutions to their legal problems and, as a result, are losing when they would be winning if they knew what I make so easy-to-learn in my Jurisdictionary course! The internet is infested with hare-brained schemes that sound too good to be true ... and, like the old adage says, "If it sounds to good to be true, it probably isn't." Remember: The most dangerous falsehoods are ones we most want to believe! Why not learn from a real lawyer with nearly 25 years of case-winning experience? My course is not expensive! People who finish my course say an average 8th grader can learn it all in a single weekend. If you have a lawyer, you will save thousands in legal fees by knowing what your lawyer should be doing, and at the same time you will maximize your chances for success by making certain your lawyer does what should be done, instead of taking you for a ride to the poorhouse - as happens to too many good people these days. If you don't have a lawyer, you'll know how to stop the opponent's crooked tricks and control the judge! To learn more, go to: www.Jurisdictionary.com ======================== My affordable 24-hour step-by-step lawsuit self-help course includes: 5-hour video CD simplifies process of litigation 2 audio CDs present tactics and procedures 15 tutorials on a 4th CD go beyond the basics Free EasyGuide to the Rules of Court Temporary online access while CDs in Mail Control judges! Save legal fees! Defeat crooked lawyers! www.Jurisdictionary.com Ask anyone who has it: Jurisdictionary Works! Call Toll Free for details: 866-Law-Easy Get your competitive edge before the price increase. Force judges to enforce the rules, instead of allowing the lawyer on the other side twist the law against you! You cannot win if you don't know how to control the judge and all the lawyers (including your own lawyer, if you can afford to pay one to go to court for you)! You've heard the horror stories from others. Don't let it happen to you! Order my course today, if you don't already have it Know the rules and how to force everyone to obey! Know how to draft proper pleadings, how to get your own evidence in the court's record, how to keep the other side from getting their evidence in, how to move the court to enter orders favorable to your cause, and how to use your Jurisdictionary legal know-how and case-winning strategies to control the judge and win your case! My self-help course is presented in such an easy format people tell us an 8th grader can learn it in just 24 hours! Know what you must know to win! Stop courtroom corruption! I'll show you how in just 24-hours ... step-by-step! Control judges and lawyers - or lose! My "Tips & Tactics" newsletters are only introductions to the complete course you need to win. If you don't already have my 24-hour step-by-step self-help course, go to my website and order now! Read the testimonials in the right column ⇒ www.Jurisdictionary.com As Woody Guthrie used to sing, "This Land is our Land," and that includes every courtroom and every courthouse from San Diego to Bangor, Maine. Why let lawyers control our lives with trickery? Why let judges destroy our lives by letting lawyers get away with their trickery? YOU CAN WIN! If you aren't involved in a lawsuit or threatened with one today, learn what my course teaches and help others who will be destroyed by all-too-common courtroom corruption if YOU don't help them learn what it takes to win! There are more than 150 lawsuits filed every minute in the United States - nearly 100 million each year. Try to imagine how many thousands of good, honest people will be destroyed in the next 7 days just because they have no idea how to protect themselves and have nobody they can trust (or afford) to help them win! Urge everyone to get my affordable 24-hour course! Do it for your nation ... and for your children! Dr. Frederick David Graves, JD Jurisdictionary ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ May you find Strength in Your Higher Power,  GranPa Chuck   "We the "Little" People"     Defend Yourself>>   My Family Reform Blog   My Family Rights Affiliation

Take the Constitution Quiz

Take the Constitution Quiz

Here is an article one of our members presented. Plus you can take the quiz by following this link: http://www.americancivicliteracy.org/resources/quiz.aspx For the last two years, ISI (Intercollegiate Studies Institute) has assessed the civil literacy of young people at American colleges and universities, testing both students and faculty. The civics test included a cross section of multiple-choice questions about our system of government, history and free enterprise -- questions to assess the knowledge that all Americans should possess in order to understand their civic responsibility and make informed decisions in matters such as elections.
More than 14,000 freshmen and seniors at 50 schools nationwide were given the 60-question exam. More than 50 percent of freshmen and 54 percent of seniors failed the test. (So they get dumber?)
This year, ISI went beyond the "institutions of higher learning" to assess civic literacy across demographic groups. The 2008 civics quiz asked similar questions to those asked to college and university students in previous years, but also included questions about civic participation and policy issues. The results were then subjected to multivariate regression analysis in order to determine if college and university graduates had a higher civic IQ than the rest of society.
As you might expect, 71 percent of Americans failed the test, with an average score of 49. Educators did not fare much better, scoring an average of 55 percent. As the researchers noted, "Fewer than half of all Americans can name all three branches of government, a minimal requirement for understanding America's constitutional system."
College grads flunked, answering 57 percent of the questions correctly, compared to 44 percent for high school grads.
Less than 24 percent of those with college degrees knew that the First Amendment prohibits establishing an official religion for the United States. Further, only 54 percent can correctly identify the basic tenets of the free enterprise system.
Would you be shocked to know that elected officials have a lower civic IQ than the public they ostensibly serve? Indeed, these paragons of representative government answered just 44 percent of the questions correctly. Almost a third of elected officials could not identify "life, liberty, and the pursuit of happiness" as the inalienable rights in our Declaration of Independence.
Our Founders, those venerable Patriots who signed our Declaration of Independence and codified the liberty that is declared in our Constitution, understood that liberty could not long survive an epidemic of ignorance.
According to George Washington: "The best means of forming a manly, virtuous, and happy people will be found in the right education of youth. Without this foundation, every other means, in my opinion, must fail."
John Adams wrote: "Liberty cannot be preserved without a general knowledge among the people, who have a right, from the frame of their nature, to knowledge, as their great Creator, who does nothing in vain, has given them understandings, and a desire to know; but besides this, they have a right, an indisputable, unalienable, indefeasible, divine right to that most dreaded and envied kind of knowledge; I mean, of the characters and conduct of their rulers. ... Wisdom and knowledge, as well as virtue, diffused generally among the body of the people, being necessary for the preservation of their rights and liberties..."
Thomas Jefferson insisted: "Enlighten the people, generally, and tyranny and oppressions of body and mind will vanish like spirits at the dawn of day. ... If a nation expects to be ignorant -- and free -- in a state of civilization, it expects what never was and never will be."
James Madison agreed: "A people who mean to be their own Governors, must arm themselves with the power which knowledge gives. ... What spectacle can be more edifying or more seasonable, than that of Liberty and Learning, each leaning on the other for their mutual & surest support?"
Our Member's Comments: (Panda Bear)
If you would like to take the test, go to http://www.americancivicliteracy.org/resources/quiz.aspx

I got 30 out of 33 right, or 90.91%. Not bad, even if I do say so myself! 

Now to make sure my kids obtain the same knowledge! 

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May you find Strength in Your Higher Power,
 GranPa Chuck
  "We the "Little" People"
    Defend Yourself>>
  My Family Reform Blog
  My Family Rights Affiliation 

Circumstantial Evidence Traps ...

~~~~~~Tips and Topics from Jurisdictionary~~~~~

...Circumstantial Evidence Traps.....Click Here for other Tips & topics from Jurisdictionary

 

Your opponent will try to trap you!

• Circumstantial evidence is a commonly-used trap. 
• Circumstantial evidence traps are avoidable!
• To avoid this trap, you must know that there are limits to circumstantial evidence ... and know how to stop your opponent from exceeding those limits!

[This topic is covered in much more detail in my official Jurisdictionary "How to Win in Court" course. To get the know-how power you need to win, go to Jurisdictionary.
Ok, then.

What is circumstantial evidence?

First, we need to know what an "inference" is.
The word "inference" comes from the word "infer", i.e., to draw a conclusion from something else, i.e., a guess!
An inference is NOT a known fact!
Parties to legal proceedings (civil litigant, prosecutor, or criminally accused) are allowed only ONE INFERENCE to be drawn from any "known fact" ... i.e., ONE GUESS!
Appellate case opinions that control state and federal courts (learn how to research appellate case opinions as part of my official Jurisdictionary "How to Win in Court") place a limit on the use of inferences (i.e., a limit on the number of guesses one can draw from any known fact).
This limit is ONE!
NUMERO UNO!
One is NOT allowed to make an inference from any known fact and then make one or more inferences based on the earlier inference!
YET IT HAPPENS ALL THE TIME!
People go to prison because of it ... wrongfully.
Good people lose civil cases because of it ... wrongfully.
You must learn how to avoid it ... or risk losing!
The circumstantial evidence trap opens its mouth and gobbles the unsuspecting (those who don't study my course) when the other side tries to present to the court an inference as if it were a known fact!
Inferences are never known facts!
Guesses are never known facts!
And, guesses drawn from other guesses are illegal!
The trap is not allowed ... unless YOU allow it!
Don't expect the judge to put a stop to it. The judge may be reading a newspaper up there on the bench or playing a game on his laptop or smart phone. It happens. Trust me. I've been practicing law a quarter-century!
Besides, it's not the judge's job to stop your opponent from playing tricks on you!
That's YOUR job and why you need to study my my official Jurisdictionary "How to Win in Court" course.
Controlling appellate court case opinions are sometimes hard to find on the subject. Here are a few search terms to use when following the methods of legal research that I teach in my "How to Win in Court" course.
Search for one or more of these terms:

• STACKING INFERENCES
• PYRAMIDING INFERENCES
• COMPOUNDING INFERENCES
• (or as a last resort) CIRCUMSTANTIAL EVIDENCE

If you don't learn how to control your opponent and the judge (using the methods taught in my simplified course), don't expect to win - no matter how much you think you know about the law and no matter how much "evidence" you think you have.
Expect the other the other side to cheat!
Protect yourself from lawyers and judges!
It's easy, once you understand "due process".
Due process IS your most valuable right.
Due process is your most valuable right, because without the ability to win in court, the rest of your "rights" are just political rhetoric, promises with no power.
The Constitution of the United States promises you the protection of due process, but it doesn't tell you what due process is or how to get it!
Due process is a P-R-O-C-E-S-S ... and you've been DENIED knowledge of what that process is and how to use it to protect your rights!
Lawyers have seen to that ... and it's high time YOU learned what due process is, how it works, and how to use it to protect yourself and your loved ones from any and all abuses of your fundamental God-given rights!
What good are Constitutional Guarantees if you cannot afford to pay some law firm $50,000 to work the process for you? The Constitution itself is just a piece of paper with no power whatever beyond the power of men in high places to sign papers that order other people to do "what's right". If you are relying on the Constitution to protect your rights, you are falling into the very trap that my profession wants you to fall into - relying on them who must be paid to protect your rights!
Fortunately, there's another way!
For the first time in history, the mysteries of due process hidden from you and your children by lawyers all these years are now made easy-to-understand at last - thanks to the internet, multi-media technologies, and the official Jurisdictionary "How to Win in Court" 24-hour, step-by-step self-help course!
The secrets of "due process" are now revealed!
You don't need a law degree to understand due process. Jurisdictionary simplifies the mysteries lawyers want to keep from you: pleadings, motions, depositions, subpoenas, evidence rules, courtroom objections, etc. The legal profession would have you believe you aren't smart enough to learn what it takes to win in court, but all you have to do is read our testimonials to see how people just like you ARE WINNING!
Teaching people due process is my passion and the moral imperative of everyone who loves Liberty enough to work for Justice through our courts.

Even if you have thousands of dollars to pay lawyers to go to court for you, Jurisdictionary can help you save money by showing you in simplified teachings just what your lawyer could and should be doing to earn his or her pay.

If you can't afford a lawyer (or don't trust them) then this affordable 24-hour step-by-step course is just what you need to protect your other God-given rights from abuse.

• Are your rights being abused?
• Do you see the rights of others being abused?
• Take it to the courts!
• Exercise your most valuable right!

Learn the process of due process that the lawyers don't want you to know ... and stand up for your rights effectively!
Signs, emails, pitchforks, and letters to your Congressman don't work! Nothing changes!

Knowing how to demand due process in court works!

And, nobody makes it easier than Jurisdictionary!
Tell your friends what their most valuable right is!
Wake people up to the fact that without the knowledge of due process (or many thousands of dollars to pay lawyers) your other fundamental "rights" are just empty promises.
The man or woman who knows the process of due process and how to demand justice from the courts is truly free!

• Do what Jurisdictionary teaches, and you'll be pleasantly surprised when judges rule in your favor!
• Do what Jurisdictionary teaches, and you'll appreciate what it's like to have rights with teeth in them!
• Do what Jurisdictionary teaches, and your life and the life of your family will be much, much happier!

I'll teach you how to draft pleadings, make motions, set hearings, object in court, handle depositions, use subpoenas, fight back with counter-claims, and discover evidence that forces the court to issue orders that protect your rights!

You can finish my course in less than 24-hours.

Learning due process is easy with Jurisdictionary!

Force the court to protect your rights ... all of them!

... Dr. Frederick D. Graves, JD

Accept no substitutes!
Get the official Jurisdictionary 24-hour course!

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May you find Strength in Your Higher Power,

 GranPa Chuck

  "We the "Little" People"

    Defend Yourself>>

  My Family Reform Blog
  My Family Rights Affiliation