Monday, August 22, 2011

Lawsuit Hope and Hype ...

See the cute little blue fellow?
He's hoping.
Not that hope isn't a good thing.
  • Hope based on truth is a good thing.
  • Unrealistic hope is not.
  • Unprepared hope is not.
  • Uninformed hope is not.
In other words, hope based on hype is foolishness.

Received favorable responses to our last Tips & Tactics yet some still hold legal mythology is better than learning the official rules and how to use official rules.
I want you to WIN ! ! !

But, you cannot win hoping on hype ... no matter how promising the hype may seem.

Sure, it would be great if you could get out of paying a speeding ticket by claiming you copyrighted your name so the courts can't use your name without your permission, or that your name in ALL CAPITAL LETTERS isn't "you", or that you're a "person" not a "citizen" and therefore above the law and no longer subject to government force.

It would be great to go about doing as you please with no regard to man's law, claiming you're serving God when, by the way, scripture tells us to obey those in authority over us (and, yes, you could insist no one has authority over you).
But, I want you to WIN in court!

  • You will not win if you refuse to learn the rules and how to use the rules to get justice legally.
  • You will not win if you show up in court with silver-bullet methods to "get around the law".

Sure, once in awhile someone skips out of a busy traffic court by getting the judge exasperated with internet legal mythology, but I've been to court more than a few times since 1986 when I was first sworn in (and not to any British agency, by the way!) as a member of the Florida Bar. I've seen judges get exasperated and let people off scott-free. I've seen many more escorted by the bailiff to a cell where they were left to decide if they wished to be subject to the official rules.
You choose.
  • We all have that choice.
It's our prerogative in this wonderful nation.

Go to court with legal mythology sold by those who wish you to believe you are "above the law of the land", or go to court knowing how to use the official rules to get Justice the American Way ... according to law!

In 24 hours with my affordable, official Jurisdictionary "How to Win in Court" step-by-step self-help course you will know how to command judges and stop crooked lawyers in their tracks!
It's not mythology!

It's all based on official rules YOU can use to get justice by demanding everyone follow the rules!
That's what too many American Heros died to give you!
  1. Law and Order.
  2. Due Process.
  3. The Rule of Law.
These are the three things
true patriots fight for!
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
May you find Strength in Your Higher Power,
 GranPa Chuck
    Defend Yourself>>

Saturday, August 20, 2011

Bell Transparency Act of 2011<< A Must Read

Transparency seems to be the key buzz word today. Please read and do pass on to others for the support of this proposed bill.
May you find Strength in Your Higher Power,
GranPa Chuck
Keeper of the web files for http://nfpcar.org
~~~~~~~~~~~~~~~~~~~~~~~
PETITION FOR CHANGE Sign Petition here

Bell Transparency Act of 2011

_____th CONGRESS
______ Session
________________
A BILL

To amend title 28, United States Code, to provide for the detection and prevention of judicial misconduct. Providing for full powers of investigations, civil suit discovery and allowing citizens’ civil suits  to be filed against judicial officers of the Court – judges and law clerks, for a “finding” of wrongful conduct. Also to enable citizen suits against attorneys in their capacities as officers of the Court “during” a judicial process for damages, and to alleviate continuing damages when there is sufficient material facts in evidence of egregious “ongoing” wrongdoing by attorneys.
There are world wide web sites providing evidence of abuse to support that certain officers within the judicial system believe themselves to be above the law. It is time to pass laws to protect the Constitutional rights of citizens; holding judicial officers responsible, and mandating judicial transparency. The Bell Transparency Act of 2011 would enable citizens to file civil law suits against parties having committed wrongful acts, in a final effort to prevent inappropriate conduct in the Federal and State judiciaries. In accordance with the world wide documentation of complaints, clearly our judicial system is in need of a strict deterrent that will promote judicial responsibility.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
IN THE HOUSE OF REPRESENTATIVES
A BILL
To amend title 28, United States Code, to provide for the detection and prevention of judicial misconduct.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE
This Act may be cited as the ‘Bell Judicial Transparency and Ethics Act of 2011.
SECTION 2. CREATION OF A CAUSE OF ACTION FOR A “FINDING” OF MISCONDUCT OF  A JUDGE
(a) Action By Judicial Conference- Part 1 Chapter 16, Section 355 of title 28, United States Code shall be amended by adding at the end the following:
“(c) If a complaint is dismissed the Judicial Conference shall certify and transmit the    determination and the record of proceedings to the complainant for whatever action complainant considers to be necessary.”
(b) Review of Orders and Actions, No Judicial Review – Part I Chapter 16, Section 357(c) of title 28, United States Code, is stricken in its entirety, and replaced by the following:
All orders and determinations, including denials of petitions for review, shall be judicially reviewable on appeal by the complainants Federal District Court upon filing of a Petition for Finding of Misconduct of a Judge under Part 5 Chapter 16 of title 28, United States Code.
(c) Restrictions – Part 1 Chapter 16, Section 359 of title 28, United States Code shall be amended by adding at the end the following:
(c)  No judge whose conduct is the subject of an investigation under this chapter shall continue to serve as judge on any case wherein the complainant is a party. All proceedings wherein the complainant is a party and the judge whose conduct is the subject of an investigation under this chapter is the judge shall be stayed until a final order or determination has been made.
(d) Reimbursement of Expenses – Part 1 Chapter 16, Section 361, of title 28, United States Code shall be amended by adding at the end the following:
(b) Upon the request of  a complainant under this chapter, the judicial council may, if the complaint has been substantiated under section 354 (a)(1)(C), recommend that the Director of the Administrative Office of the United States Courts award reimbursement, from funds appropriated to the Federal judiciary, for those reasonable expenses, including attorneys’ fees, incurred by that complainant during the investigation, which would not have been incurred but for the requirements of this chapter. Upon an award of reimbursement the Director of the Administrative Office of the United States Courts shall require the judge whose conduct was the subject of the investigation to reimburse the Federal judiciary for all funds distributed to complainant.
(e) Particular Proceedings- Part 5 Chapter 16 of title 28, United States Code shall be amended by adding § 365 Proceedings for Finding of Misconduct of a Judge, so as to create a cause of action for a Finding of Misconduct of a Judge.
(f) Whistleblower protection – Part 1 Chapter 16 of title 28, United States Code shall be amended by adding at the end the following:
(a) In General- No officer, employee, agent, contractor or subcontractor in the Judicial Branch may discharge, demote, threaten, suspend, harass or in any other manner discriminate against an employee in the terms and conditions of employment because of any lawful act done by the employee to provide information, cause information to be provided, or otherwise assist in an investigation regarding any possible violation of Federal law or regulation, or misconduct, by a judge or any other employee in the Judicial Branch.
(b) Civil Action- An employee injured by a violation of subsection (a) may, in a civil action, obtain appropriate relief.’
(g) Particular Proceedings- Part 5 Chapter 16 of title 28, United States Code, Proceedings for Finding of Misconduct of a Judge shall be amended by adding:
(a) Proceedings for a Finding of Misconduct of a Judge under I Chapter 16, Section 357(c) of title 28, United States Code shall commence upon filing of a Petition for Finding of Misconduct of a Judge in Petitioner’s state or federal district Court and shall proceed pursuant to the Federal Rules of Civil Procedure, subject to section (b).
(b) Upon filing a Petition for a Finding of Misconduct of  Judge, Petitioner shall be granted the right to a jury trial.
(h) Clerical Amendment- The table of chapters for part I, Chapter 16, of title 28, United States Code, is amended by adding at the end the following new items:
§ 365. Proceedings for Finding of Misconduct of a Judge
§ 366. Whistleblower Protection
~~~~~~~~~~~~~~~~~~~~~
Related Link>> Project:Transparency Hub

Wednesday, August 17, 2011

Judge's Opinion on Those Who go Pro Se

To compare the judges' attitude together, I've divided this into 4 Parts. You be the judge of the Judges.
  • Part 1- Pro Se litigant starts with short video of judge, but quotes a Supreme Court ruling:
             Supreme Court Rule 4.300(5) States in Part:
                                              "A Judge shall not, in the
                             performance of Judicial duties
                               by words or conduct manifest
                                     bias or prejudice
    ..."
  • Part 2- An opinion from one who was once a judge and his comments on Judge Myles and the litigant picking on him. Plus a few more videos of this Family Court Hearing
  • Part 3- Call it a summary of opinion of the Pro Se Dad. He titled it:
                 
    Family Court Destroys Families
  •  Part 4- Another Pro Se litigant presenting his issues before the Supreme Court:
                  Probate and Family Court Jurisdiction
     
 So Do Enjoy, and I hope you can see the differences
Both of the Pro Se Litigant and Judges
Part 1
A very short video. But very interesting.. Enjoy


www.youtube.com

Actual Court Video of John David Myles, Family Court Judge in Shelby County.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Part 2
Although I do agree the above clip is a point for the Litigant, may want to check out the comments below, plus other video.
Even as one who defends themselves, one needs to know the workings of the court they are in.

I say no more, you be the Judge
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Link: http://news.lawreader.com/?p=2199

Shelby County Family Judge victimized by YouTube video postings by angry litigant

A Shelby County pro se litigant who is angry with Shelby Family Court Judge John D. Myles rulings, has posted numerous videos on the video web site youtube.com which attempts to criticize the judge.The attempt is to try to make the Judge look bad, but the result misses the mark.LawReader has viewed these video tapes and we conclude that Judge Myles has shown a great deal of restraint.   It is unfortunate that the pro se litigant does not understand anything but that he is losing his case regarding child visitation.  Obviously, the game becomes blame the Judge. 
We have sympathy for any Family Judge.  Judge Myles is certainly having a difficult time with this litigant.   It is unfortunate that the Judge is not permitted to post his own videos in which he points out the failings of the litigant. 
Any one who practices law will understand how carefully Judge Myles has handled himself.  As a former Judge I shudder to think what I might have said to this troublesome litigant.   We can imagine that other judges will likely be subjected to this whining.  

Added2:17
Judge John D. Myles Cursing a Litigant  (LawReader does not conclude that the Judge cursed the litigant.  Use of the word “hell” is hardly shocking and the Judge does not direct that word at the litigant.)714 views03CI000619
Added7:59
Judge Myles 1 of 2298 views03CI000619
Added7:55
Judge Myles 2 of 2242 views03CI000619 


~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Part 3
Family Court Destroys Families

Part 1: http://www.youtube.com/watch?v=D1AToEUX1D4&feature=related
Part 2: http://www.youtube.com/watch?v=RXa7qJbUAP8&feature=related
Part 3: http://www.youtube.com/watch?v=q0Gi2beuxUE&feature=related
~~~~~~~~~~~~~~~~~~~~~~~~~~

Part 4
Probate and Family Court Jurisdiction

http://www.youtube.com/watch?feature=player_embedded&v=xHYVBnwDTks


Added>Kids for Cash>Greedy Judge, Who destroyed Many of Our Precious Families
http://www.youtube.com/watch?v=ZvX3rjRR3QY&feature=related

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
May you find Strength in Your Higher Power,
 GranPa Chuck
    Defend Yourself>>

Medical Power of Attorney


The following was taken from a Discussion Group. Can’t say how important it is to take steps before a catastrophe may occur.

In this case, the conversation is in relationship to CPS, who may come knocking at your door.
Do feel free to pass this on to others. Actually, some of us are going door to door, and/or personally giving this information to those who are very concerned in protecting their family.

Also, another bit of information one may want to read is found on this page>> http;//nfpcar.org/Miranda .

Basically, “If you do not know your Rights, You have none."

Note: I am not a lawyer. Please seek appropriate Legal Council.

May you find strength in Your Higher Power,
GranPa Chuck
Keeper of the web files for http://nfpcar.org

Question on Medical Power of Attorney

I am much confused where medical POA is concerned. How does that fall into CPS being unable to take a child ? I have POA doc's on my Mom and my Son in case they cannot speak for their best interest where medical care is concerned. Can you explain how this works for children and CPS ?I would very much like to have my Son and his girl friend do this in case after the children go home CPS tries to step in again pulling the children before the case actually closes.

A Basic Answer

CPS claims to be protecting the child because there is no fit person to care for the kids as they feel the parents unfit. Now if theree is a designated alternative set up before the parents were claimed to be unfit, CPS can't take them away.

Template for Medical Power of Attorney

MEDICAL POWER OF ATTORNEY

DESIGNATION OF HEALTH CARE AGENT

FOR

_____________________________child's name

THE STATE OF _____________ )
) KNOW ALL MEN BY THESE PRESENTS
COUNTY OF _______________ )

I, ______________________, the mother of
______________________, being of sound mind, willfully and voluntarily
appoint my _____________________, and her
husband, _____________________ of
(address)_____________________________________, as my agents to make
any and all health care decisions for my minor _______________, (son/
daughter ) ____________________________(name) who was born on
________________
except
to the extent that I state otherwise in this document. This medical
power of attorney takes effect immediately and is given to make
provision for the care and treatment of my ____________(son/daughter ,
___________________________(name )., in the event that I am out of
town, am unable to be located or reached, or am unable to make health
care
decisions for him/ her (pick one)

LIMITATIONS ON THE DECISION MAKING AUTHORITY OF MY AGENT ARE AS FOLLOWS:

None.

The original of this document is kept with __________________________________
_______________________________________________________(name/address).

The following individuals or institutions have signed copies:

Name:
Address:

Home Phone:
Work Phone:

Name:
Address:

Home Phone:
Work Phone:

Name:
Address:

Phone:
Fax:

page 1************************************************************************

DURATION.

I understand that this power of attorney exists indefinitely from the date I execute this document
unless
I establish a shorter time or revoke this power of attorney. In am out
of town or unable to be reached or unable to make health care decisions
for my________ son/daughter, __________________(name) , when this power
of attorney expires, the authority I have granted my agent continues
until the time I return to town, become available or become able to
make health care decisions for my son/daughter
________________________(name)..

The authority 1 have granted my agent shall include, but not be limited to the following:.

1.To request, review, and receive any and all medical, hospital and related information and
records, and to execute a release or other document required to obtain such information;

2. To consent to the disclosure of medical and related information to others;

3. To employ and discharge medical and related personnel;

4. To consent, refuse consent, or withdraw consent to medical care, treatment, service or
procedure, subject to my directions expressed in an effective Directive to Physicians;

5. To provide appropriate relief from pain;

6. To arrange for care and lodging in a hospital or other medical facility;

7. To grant releases to health care professionals or institutions to assure that my wishes for my
___________(son/daughter) care are fulfilled;

8. To authorize anatomical gifts; and

9. To arrange to hire and to pay the salaries of employees, nurses and similar health care
providers, and to see that required tax returns are filed.

PRIOR DESIGNATIONS REVOKED.

I revoke any prior medical power of attorney for my ____________(son/daughter)_________________ (name)..

ACKNOWLEDGMENT OF DISCLOSURE STATEMENT.

I
have been provided with a disclosure statement explaining the effect of
this document. I have read and understand that information contained in
the disclosure statement.

I
sign my name to this medical power of attorney for my
____________(son/daughter), ______________________(name). on
_________________(date) at __________(city), _____________ County,
_____________(state).

__________________________________
name of mother, mother of ________________
_____________ (name) address below
________________________________
_________________________________

page 2 ***************************************************************************************************************

STATEMENT AND SIGNATURE OF FIRST WITNESS.

I
am not the person appointed as agent by this document. I am not related
to either _______________________(mother) or her
_____________(son/daughter ), ___________________(name)., by blood or
marriage. I would not be entitled to
any
portion of the estate of ________________(mother) or
_______________________ (child)., on the death of
_______________________(child) .. I am not the attending physician of
___________________(mother) or __________________________(child)
or
an employee of the attending physician. I have no claim against any
portion of the estate of ____________________(mother)
________________(child) , on the death of __________________(child)..
Furthermore, if I am an employee of a health care facility in which
_______________________(child) . is a patient, I am not involved in
providing direct patient care to _______________________(child). and am
not an officer, director, partner, or business office employee ofthe
health care facility or of any parent organization ofthe health care
facility.

_______________________________(witness in front of notary)
name
address
date

ST ATEMENT AND SIGNATURE OF SECOND WITNESS.

I
am not the person appointed as agent by this document. I am not related
to either _______________________(mother) or her
_____________(son/daughter ), ___________________(name)., by blood or
marriage. I would not be entitled to
any
portion of the estate of ________________(mother) or
_______________________ (child)., on the death of
_______________________(child) .. I am not the attending physician of
___________________(mother) or __________________________(child)
or
an employee of the attending physician. I have no claim against any
portion of the estate of ____________________(mother)
________________(child) , on the death of __________________(child)..
Furthermore, if I am an employee of a health care facility in which
_______________________(child) . is a patient, I am not involved in
providing direct patient care to _______________________(child). and am
not an officer, director, partner, or business office employee ofthe
health care facility or of any parent organization ofthe health care
facility.

__________________________(name)
name printed
address
date

SUBSCRIBED
AND SWORN TO BEFORE ME by the said ___________________(mother),
Principal, and by the said ___________________(witness 1)
and________________(#2), Witnesses, __________________(date).

_______________________________
Notary Public, State of ______________

page 3*************************************************************************************************************************

INFORMATION CONCERNING THE

MEDICAL POWER OF ATTORNEY

THIS IS AN IMPORTANT LEGAL DOCUMENT. BEFORE SIGNING THIS DOCUMENT,
YOU SHOULD KNOW THESE IMPORTANT FACTS:

Except
to the extent you state otherwise, this document gives the person you
name as your agent the authority to make any and all health care
decisions for your ________(son/daughter), ____________________(child's
name)., in accordance with your wishes when you are out of town or
unavailable or no longer capable of making them for your
_____________(son/daughter), including your religious and moral
beliefs, when you are no longer capable of making them yourself.

Because
"health care" means any treatment, service or procedure to maintain,
diagnose or treat your ___________(son/daughter) 's physical or mental
condition, your agent has the power to make a broad range of health
care decisions for your ____________(son/daughter). Your agent may
consent, refuse to consent or withdraw consent to medical treatment and
may make decisions about withdrawing or withholding life-sustaining
treatment. Your agent may not consent to voluntary inpatient mental
health services, convulsive treatment, psychosurgery or abortion . A
physician must comply with your agent's instructions or allow your
_____________(son/daughter) to be transferred to another physician.

Your
agent's authority begins immediately so that proper care and treatment
can be provided for your _________________(son/daughter) in the event
you are unavailable, are out of town or lack the competence to make
health care decisions for _______him/her.

Your
agent is obligated to follow your instructions when making decisions on
your __________________(son/daughter) 's behalf. Unless you state
otherwise, your agent has the same authority to make decisions about
your __________(son/daughter)'s health care as you would have had if
you had been personally present.

It
is important that you discuss this document with your
____________(son/daughter)'s physician or other health care provider
before you sign it to make sure that you understand the nature and
range of decisions that may be made on your behalf. If your
________________(son/daughter) does not have a physician , you should
talk with your physician or if you do not have a physician, with
someone else who is knowledgeable about these issues and can answer
your questions.
You
do not need a lawyer's assistance to complete this document, but if
there is anything in this document that you do not understand, you
should ask a lawyer to explain it to you.

The
person you appoint as agent for your _______________(son/daughter)
should be someone you know and trust. The person must be 18 years of
age or older or a person under 18 years of age who has had the
disabilities of minority removed . If you appoint your
__________________(son/daughter) 's health or residential care provider
(e.g., his physician or an employee of a home health agency, hospital,
nursing home, or residential care home, other than a relative), that
person has to choose between acting as your agent or as your
_________(son/daughter) 's health or residential care provider; the law
does not permit a person to do both at the same time.

You
should inform the person you appoint that you want the person to be
your ___________________(son/daughter)'s health care agent. You should
discuss this document with your agent and your
______________(son/daughter's physician and give each a signed copy.
You should indicate on the document itself the people and institutions
who have signed copies. Your agent is not liable for health care
decisions made in good faith on your ________________(son/daughter) 's
behalf.

Even
after you have signed this document, you have the right to make health
care decisions for your ___________(son/daughter) as long as you are
available, not out of town and are able to do so and treatment cannot
be given to your _____________(son/daughter) or stopped over your
objection. You have the right to revoke the authority granted to your
agent by informing your agent or your ______________(son/daughter) 's
health or residential care provider orally or in writing, or by your
execution of a subsequent medical power of attorney for your
__________(son/daughter). Unless you state otherwise, your appointment
of a spouse dissolves on divorce.

This document may not be changed or modified . If you want to make changes in the document, you must make an entirely new one.

You may wish to designate an alternate agent in the event that your agent is unwilling, unable or
ineligible
to act as your agent. Any alternate agent you designate has the same
authority to make health care decisions for your
_______________(son/daughter) .

THIS
POWER OF ATTORNEY IS NOT VALID UNLESS ITIS SIGNED IN THE PRESENCE OF
TWO COMPETENT ADULT WITNESSES . THE FOLLOWING PERSONS MAY NOT ACT AS
ONE OF THE WITNESSES:

(1) the person you have designated as your agent;

(2) a person related to you by blood or marriage;

(3) a person entitled to any part of your estate after your death under a will or codicil executed
by you or by operation of law;

(4) your attending physician;

(5) an employee of your attending physician;

(6) an employee of a health care facility in which you are a patient if the employee is providing
direct patient care to you or is an officer, director, partner, or business office employee of
the health care facility or of any parent organization of the health care facility; or

(7) a person who, at the time this power of attorney is executed, has a claim against any part of
your estate after your death.

I certify I have received a copy ofthis "Information Concerning the Medical Power of Attorney."

_____________________________
mothers name
date

page
4,5 space it how you think it looks
good*************************************************************************************

HIP AA RELEASE AUTHORITY

I,
______________________(mother), intend for any agent named in this
release to be treated as I would be treated with respect to my rights
regarding the use and disclosure of individually
identifiable
health information and other medical records for my
________(son/daughter). This release authority applies to any
information governed by the Health Insurance PortabIlIty and
Accountability Act of 1996 ("HIPAA"), 42 U.S.C. l320d and 45 C.F .R.
160-164.

I authorize the disclosure of any such information governed by HIP AA to be provided to the
following: ___________________(name of agent 1) and/or _______________(agent 2).

Accordingly, I hereby authorize any physician, health-care professional, dentist, health plan,
hospital,
clinic, laboratory, pharmacy or other covered health-care provider, any
insurance company and the Medical Information Bureau Inc. or other
health-care clearinghouse that has provided treatment or services to my
___________(son/daughter), or that has paid for or is seeking payment
from me for such services, to give, disclose and release to my agent,
or any alternate agent, who is named herein and who is currently
serving as such, without restriction, all of my
__________(son/daughter)'s individually identifiable health information
and medical records regarding any past, present or future medical or
mental health condition, including all information relating to the
diagnosis and treatment of HIV I AIDS, sexually transmitted diseases,
mental illness, and drug or alcohol abuse.

This authority given to my agent shall supersede any prior agreement that I may have made
with
my ___________(son/daughter)'s health-care providers to restrict access
to or disclosure of my __________(son/daughter)'s individually
identifiable health information. The individually identifiable health
information and other medical records given, disclosed, or released to
my agent may be subject to redisclosure by my agent and may no longer
be protected by HIP AA. The authority given to my agent herein has no
expiration date and shall expire only in the event that I revoke this
HIPAA Release in writing and deliver it to my
______________(son/daughter)'s heath-care provider. There are no
exceptions to my right to revoke this HIP AA Release.

___________________________________
name of mother , mother of ____________child
address

SUBSCRIBED AND SWORN TO BEFORE ME by the said __________________(mother),
Principal on this ___ th day .of ______________ month ________year.

________________________________
Notary Public State of _______________

Instructions

All you need to do is copy n paste this into word - I did not because I may have a dfferent version of word and it will not align correctly if I do when I send it out - so its better that you put it into word and edit it anyway. where it says son or daughter do not leave it like that pick son or daughter and do that in all places it says that. Where it asks for address or name insert yours or the child's name. DO NOT WRITE THE WITTNESS NAMES EXCEPT TYPED UNDER EACH LINE they must sign their names in front of a notary to make legal and binding. I've included page breaks take those out.

Tuesday, August 16, 2011

Laws and Policies

Search Indexes from:



Publications and resources related to State and Federal civil laws on child abuse and neglect, child welfare, and adoption. Federal laws provide standards and guidelines; however, these issues are primarily governed by State laws and regulations in the United States.
Access the Child Welfare Information Gateway State Statutes Series by title, or search statutes by individual States on issues related to child abuse and neglect, child welfare, and adoption.
Laws addressing reporting and responding to child abuse and neglect, maintaining child abuse and neglect records, protecting children from domestic violence, and related issues.
Laws addressing State agency responsibility when a child is placed in out-of-home care, including case planning, reasonable efforts to reunify families, and related issues.
Laws addressing domestic adoption, intercountry adoption, and postadoption issues.
Publications and resources on Federal laws and policies related to child abuse and neglect, child welfare, and adoption.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
May you find Strength in Your Higher Power,
 GranPa Chuck
    Defend Yourself>>

Thursday, August 4, 2011

How to Lose in Court......


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

Blogger Intro. Note: My self and many others have told many "Any guidance given on the internet is merely a "Starting Point" The rest of your challenge to defend yourself, with or without a lawyer, is up to you. You must do your homework and research the statutes, particular to your concerns and present "Proof".

For example, in my case, it took over three months to do research. Yes, at that time I did have a lawyer.. But together we took each alleged abuse and/or policy violation and using the statutes and "Real Proof", we were able to defend ourselves. I am not a lawyer, but over the last decade, I have learned enough to be aware of the many tricks that exist in our court system. Not an easy task since many are acting under the "Color of Law"

So do read this following email and hopefully one can learn just a wee bit more. For learning is a "Never Ending Story"
~~~~~~~~~~~~~~~~~~~~~~~~~~~
How to Lose In Court
Too many pro se people lose in court, and today's Tips & Tactics will tell you why!
Pro se people often send me papers to review. Almost always, they write critically important papers as if they were "telling a story"!

BIG MISTAKE!
Effective lawsuit Complaints and responses to complaints (Answers and Defenses) and motions, legal memoranda, and other papers you must file in court (if you want to win) are not "stories".
Do NOT tell a story!

For example, consider your pleadings - the first papers you file (whether your filing a Complaint as plaintiff or filing an Answer and Affirmative Defenses as defendant).

Your pleadings are the MOST IMPORTANT PAPERS you will file ... SO THEY MUST BE WRITTEN PROPERLY!
Your pleadings say what you're fighting about!
BUT!
They are not stories or "letters to the judge".

If you don't write the way Jurisdictionary teaches, you set yourself up for defeat right out of the box, even before the fight begins!
Pleadings have a purpose.
The purpose of pleadings is NOT TO TELL A STORY!

The same goes for all papers you file in court, motions, memoranda, etc. ... but especially for pleadings.
Your Complaint (if you're a plaintiff") or Answer and Affirmative Defenses (if you're a defendant) must be written in so it will accomplish 3 things:
  1. Allege the court has jurisdiction over the issues,
  2. Allege the necessary ultimate facts required to establish your right to a favorable judgment, and
  3. Demand judgment (and jury trial if wished).
You'll have an opportunity to "tell your story" later with motions, memoranda, and discovery weapons as explained in the official 24-hour, step-by-step Jurisdictionary "How to Win in Court" course !

In more than 25 years as a licensed attorney, I can tell you most lawyers don't get it ... and that works to your advantage once you know what my course will teach you in just 24 hours!

Most lawyers did not learn how to write pleadings in law school. They weren't taught about the "essential elements of causes of action", for example. It's true!
If you draft your papers properly (the Jurisdictionary way , of course) you'll have a significant advantage over your opponents!
If you "tell a story" you'll just make it easier for the other side to win!

#1 ... Lawyers are famous for chasing rabbits and going on fishing expeditions. They are paid by the hour, after all! The more they write, the more they get paid. You aren't being paid by the hour. Write little. Accomplish much!

#2 ... If you write more than necessary, you give the other side more opportunities to chase rabbits and fish for facts that will not help you win!

#3 ... Proving a simple lawsuit is hard enough. The more facts you put in controversy, the more work you have to do.

#4 ... It's just plain stupid (unless you're being paid by the hour) to allege more facts than the facts you must prove to win?

#5 ... Judges don't like to read. Judges are busy. Yours is not their only case! The more work you make the judge do to understand your side of the case, the more angry and frustrated the judge will become. That can't work in your favor!

Get my official 24-hour Jurisdictionary "How to Win in Court" step-by-step course and discover just how easy it is to DO IT RIGHT THE FIRST TIME!
  • Demanding to see the judge's oath of office won't help.
  • Insisting YOUR NAME in all caps isn't you won't help.
  • Complaining about fringe on the courtroom flag won't help.

DO IT RIGHT with Jurisdictionary.
"So easy an 8th grader can do it!"
  • If you already have my Jurisdictionary course, keep this week's tip in mind when you start to write a paper you plan to file with the court.
  • If you don't have the course, what are you waiting for?
- - - - - - - 
Dr. Frederick David Graves, JD
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
May you find Strength in Your Higher Power,
 GranPa Chuck
    Defend Yourself>>