Monday, April 23, 2012

Offers of Proof in Court ...

Major thought of this Post
If you don't get your evidence admitted and don't make an offer of proof,
you'll have nothing to appeal if you lose!

Note: My self and my affiliates are not lawyers, just advocates for Families. Through sharing, caring, and guidance, we have encouraged many to be an Advocate for themselves to defend themselves and hopefully protect their families. (Do check out this post, "Basic Example of a Great Defense" This shows the elements needed in your defense.) 

Offers of Proof in Court ...
(Other Tips and Topics)
( From "How to Win in Court" Course )
Jurisdictionary

If you start to offer evidence and, before you can get it before the court, the other side objects and the judge sustains your opponent's objection, you must move the court to allow you to make clear on the record what your evidence was and what it would tend to prove!
This is called making an offer of proof.

Your opponent may do this, too, so read on to learn how it works ... or risk losing needlessly!
Offers of proof may be made at a trial or at any hearing when your opposing party objects to your "evidence" and the judge sustains your opponent's objection.
An offer of proof shows the court on the record:
  • What the offered evidence is and
  • What the evidence tends to prove
Failure to get your evidence admitted will destroy your chances of winning!
If you don't get your evidence admitted and don't make an offer of proof, you'll have nothing to appeal if you lose!

 You must keep the judge aware that you are prepared to reverse him on appeal, if he foolishly chooses to make appeal necessary by ruling against you!

If you don't make an offer of proof, the record will not show what the evidence would have been, and there'll be nothing in the record for the appellate court to review! If the appellate court has no way of knowing what evidence the judge excluded, you cannot win on appeal. Appellate courts will not examine evidence that wasn't made part of the record at the trial level.

You can't introduce evidence for the first time on appeal.
Like the baseball umpire says, "Them's the rules!"

When your attempt to get evidence into the record is prevented by the court's sustaining the other side's objection, do what my course teaches and tender an offer of proof.
Show the court on the record:
  1. what the offered evidence is and
  2. what the offered evidence would tend to prove if admitted
It's not enough to show what your evidence is. You must also explain on the record what the evidence would tend to prove if admitted. In this way, you show the judge what the appellate court will review if the judge rules against you. And, if the judge knows your evidence should be admitted, he may decide to let it come in rather than risk being reversed on appeal.

Get your evidence in ... or else you have no "evidence".
If you can't get your evidence in, you lose!
Related Reading:
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Thursday, April 19, 2012

How to Read Legal Statutes ...

Will be covering Three main Topics:
  • Developing Your Law Book to Defend Yourself
  • Online Definitions of Legal Terms
  • How to Read Legal Statutes (email from Jurisdictionary )
Although this may be a bit lengthy, it ties together some of the information available. If anyone is faced with an alleged allegation, it is vital that they do their homework, whether they seek assistance or not from legal council.

Keep in mind:
"If you don't know your Rights.
You have None."

There are numerous references that can be found on the internet. Your task is to search the statutes, etc. particular to your concerns. Not an easy task. Plus obtain documentation supporting your case. Most important, if you don't get this information "On the Court Record", you will not be able to properly defend yourself.
"Become and Advocate for yourself to protect your precious family"

Developing Your Law Book to Defend Yourself
(Excerpt from Standing in the Shadow of Law)
Reason for Law Book ~ Using Your Law Book 

Although this information was originally created for Foster Care Givers, there is information that should be very useful for all that have and/or care for children.

1-Reason for Law Book
Please allow me explain the REASON for the law book.

 As we have seen in the many examples of our fellow parents who have followed our methods of preparations in laying out their cases in what we describe on this group as our "LAW BOOKS" time and time again. We are to be ready to give an answer...that means that if we are asked a question in a courtroom setting we can simply _*turn to that month, that week, that day in our law books and *__*bingo we have the answer to the question that has just been asked of us*_. The organization is impressive to anyone who witnesses it, I myself have witnessed this mouth dropping event in a court of law.

 Don't know if any of them are willing to share their own experiences with the LAW BOOK with us but I'm sure everyone would like to hear their stories on how being prepared helped with their cases. (Send Comments)

 No one expects a lowly, uneducated parent to be able to defend themselves with such precise expertise and detail that any attorney would envy. This method has been proven time and time again as effective and impressive. If you follow it you will indeed be ready to give an answer as the Bible clearly tells us. You are in essence learning how to prepare not only your own case but to assist in helping other foster parents prepare their own cases. 

 Your attorney will appreciate your intense organization and your work a great deal and the preparation that you do will one day come in handy, if not now in the future you will be happy you have already taken these steps.
 
Do it now while things are fresh in your memory.
The first thing you do is purchase a 4" loose leaf notebook.
On our NFPCAR Website, there are two webpages to start Your search:
  1. Index of State Summaries; and
    Directors and References for your State Index
  2. Legislation and Statute Index State by State
  3. To organize your main points, here is download to a word processing file>> 5 Level Outline Template. Basic instructions on using an outline are on the template.
Go to your state.
There you will find the Parent and Agency Policies & STATUTES for your state. You can either Download them to your PC. Or just print off or save only the ones pertaining to foster parents, place them into your law book.

The second thing you want to place in your law book is a copy of the investigative report, after you have gone through it with a fine tooth comb. This of course is after your attorney has obtained it. Highlight each and every word that you disagree with, everything that is an untruth, a lie, a stretch of the truth.
 
Then go back and gather proof of each and everything that you have highlighted to prove what you are saying is truth and that what is being said in this report is lies.

The Third thing you need in your law book is copies of your journal and dividers for months. Get the kind that has pockets in the front of them for receipts. Divide the receipts into envelopes *one for each week in that month*. Paper clip each day together and place it into that weeks envelope. Make a list of each weeks receipts on separate sheet of paper and place them behind the pocket. Put the dates that it covers on the envelope in the pocket and the sheet of paper so that you can turn to that month and at a glance see your entire schedule for that week. Recreating your days at a glance through your receipts, check stubs, ATM receipts, etc.
 
I know that this is a lot of work but trust me when I say that someday you will be glad that you have taken the time to do this, and so will your attorney. Who knows that little foster daughter or foster son may someday return to you and want to sue CPS for damages that they have endured throughout their life and you will have the evidence for them to do so, keep this law book for them, tell your attorney you want this evidence back to keep for them for future use.
  • Remember, what Social workers **say is **automatically believed while whatever we as foster parents say must be backed up with documentation, WE MUST PROVE what we say is true.
  • You must be able to prove what you say is TRUTH without a shadow of a doubt. Doctors receipts, cash register receipts to re-create your day if need be. to offer proof of your whereabouts if need be. ie: a receipt that shows you were at the dry cleaners at 4:47 pm on Jan. 14th,2007 another receipt proves that you were then at Domino's Pizza picking up the pizza for a pizza party at your home at 5:23pm on Jan. 14th, 2007 then home for the party by 6:00 pm and there until 9:00 pm with your husband and 17 other children and their parents. Not in the parking lot of CVS at Gateway Mall, in Sparks Nevada, spanking Johnny at 6pm as was reported by an anonymous caller.
  • Think this allegation is going to go away? You get the idea? This is the importance of documentation and your "LAW BOOK". If you were in the courtroom and the investigation reported this incident as founded do you think that your receipts would prove otherwise? Of course your Law book would save the day.
     
  • So in summary,  Chapter 6 from Standing in the Shadow of the Law for Creating your own Law Book.
2-Using Your Law Book
Here are a few suggestions.
  1. Start a support group....invite these people to join our Foster Parent Allegations Group....we are here to support anyone who needs our help....
  2. Set up a corner of your home as a resource center library for the use of this support group.
  3. As in our Foster Parent Allegations Yahoo  group, it helps you put together your LAW BOOK; and you can share it with others in your own little support group.
  4. Take up a collection within your little group and order a copy of the National Foster Parents Legal Manual that they produced, it contains valuable information that all foster parents should be aware of. This could be made available in your support group resource center corner too.
  5. Consider This
    A. Allegations the Storm that no One tells you is coming.
    B. Documentation, Just How Important is it?
    C. Administrative Law. Are you familiar with them in Your State?
  6. We will also send you FREE BROCHURES on our Foster Parents Legal Program. *IT IS OUR program,* and are the National Administrators for the program. PPL Underwrites it for us. Write to me privately and I will answer your questions. or Just call the office toll free at 1-877-FPA-CHILD (372-2445) To Other eReferences

    Special Edition
    Now Available

    Standing in the Shadow of Law Special Edition
    by Marilyn R Harrison
    An instructional manual of preventative and protective measures to help protect against and prepare for legal actions against you as a Foster, Adoptive, or Biological Parent. 
    A road map, if you will, for the legal maneuverings  and allegations brought toward you as a Parent and/or those children you have a protective/parenting obligation to.
        To know and protect your rights and, if necessary, to organize your own case in a professional manner should there be a legal encounter for either you or the children.
    See What others have said about "Standing in the Shadow of Law" Go Now
     

Online Definitions of Legal Terms

This web page contains legal terminology and related terms you will need to be familiar with.  These pages contain words particular to our cases as parents. "Please be advised that the information provided to you as a courtesy may not reflect current revisions, amendments and/or changes in your states statutes and codes. You must go to your government website to check for and download those revisions and/or amendments yourself". (If you can't find a definition on this page Go To this page now and search terms. However, the most widely used legal dictionary is Black's Law Dictionary)

Another related index is "State Statute Summaries":
Key Issues
Adoption ~ Best Interest of the Child ~ Case Planning ~ Child Abuse & Neglect ~ Child Welfare Law & Policy ~ Central Registry ~ Domestic Violence ~ False Allegations ~ Family Preservation ~ Fathers ~ Foster Care Givers ~ Guardianship ~ Immunity ~ Infant ~ Mandatory Reporters ~ Parental Drug Abuse ~ Permanency ~ Placement with Relatives ~ Reasonable Efforts ~ Reunification ~ State Guides & Manuals Search ~ Termination of Parental Rights
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For Example: Do you know the statute definition of Abuse and Neglect for your state particular to your concern? Here is a Basic Example of a Great Defense. If you go to this particular blog post, please notice the statute phrase used in defense>> ".. neglect has to ADVERSELY IMPACT THE CHILD..".  

Another Search Page to Explore>> State Guides & Manuals Search
Note: You may find, when searching on "single" criteria, 0 results may show up. A hint that perhaps many issues still haven't be addressed in many states?
A Great Law Index from>> Justia.com
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Families & Children, our most important resource we have in Our Nation,
if not the World

 How to Read Legal Statutes...

Know What the Law Actually Says!

One of the biggest case-losing mistakes is mis-reading statutes (and other legal documents).

If you don't know what the law actually says, you'll have a devilishly hard time getting a judge to agree with you!

Understanding the "rules of statutory interpretation" is essential.
  • Statutory language must be interpreted according to well-established "rules of statutory interpretation". The rules of statutory interpretation are vital to your case ... if you want to win!
  • You need to know how courts interpret what Congress or your state legislature meant when they wrote the law!
Too many otherwise clever people "assume" they know what a statute says, when the only opinion that counts is what the controlling appellate courts say the statute says.
Appellate courts apply the rules of statutory interpretation. You must also!
Learn these rules ... if you want to win!

For example, the primary rule of statutory interpretation statutes is the "Plain Meaning Rule".
  • This rule requires judges to give words in the law their "plain meaning" - what an ordinary reasonable person would believe a word means in the context of the statute where it's found.
Judges should never be allowed to play games with lawmakers' words.

If a reasonable person would read "bicycle" to mean a two-wheeled engine-less vehicle powered only by legs and feet, no judge should allow a party to stretch the meaning to include mopeds or motorcycles.

Judges should be compelled to agree that a law says "plainly" what it means and mean nothing more. But, sometimes judges and lawyers will twist the words to reach an outcome they desire. YOU must know how to handle these situations and put a stop to it before it causes you to lose your case!

Judges should always interpret words in the law according to the plain meaning rule ... but, sometimes the "plain meaning" to one person is not the "plain meaning" to another.

Therefore, you must always do your legal research to determine how the controlling appellate courts read the the laws that affect your case. (How to do legal research is explained in my official 24-hour, step-by-step Jurisdictionary "How to Win in Court" course.
So? What if the meaning is plain but the context is confusing?

Other rules (taught in my course) will help.

For example, according to the rule of "ejusdem generis" (simply Latin for "of the same type"), judges are required to interpret general terms at the end of specific lists as including only things of the same type as those specifically mentioned in the list. If a statute (or contract or any legal document of any kind) lists "oranges, grapefruit, lemons, and other fruit", the doctrine of ejusdem generis limits the phrase "other fruit" to mean other citrus fruit. Apples and pears are not included. The courts may assume lawmakers intended by "other fruit" all the many types of citrus: kumquats, limes, tangelos, etc. When lawmakers list items of similar kind, then say "and other" (or similar words), the doctrine of ejusdem generis limits the word "other" to include only items of the same type.
You need to know this stuff if you want to win!

To learn more about law, courts, and how to control judges and overcome crooked lawyers, order my affordable 24-hour Jurisdictionary self-help course at once and get your competitive edge ... before it's too late.
Know how to control the court - or you will surely lose!
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Related Information:
Note: There are no individual reference that can assist you, since each of our concerns are as unique as the individual(s) involved. But the more one knows about our Legal System, the more they may be able to Defend Themselves. Below are some of the references that many have found useful.
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May you find Strength in Your Higher Power,
 GranPa Chuck
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Tuesday, April 17, 2012

Protect Yourself from Lawyers

Win with Jurisdictionary!If you don't know your rights. You have none.
Remember the quote above as you read:

 Protect Yourself From Lawyers
... Especially Your Own, Who is Taking Your Money!
  • If you're like most people, you don't have a clue what it takes to win a lawsuit.
  • If you have a lawyer, you don't have a clue what your lawyer should be doing or how you might get involved in your case to reduce legal fees and costs.
  • If you don't have a lawyer, you go to court blindfolded, with one had tied behind your back!
  • If you hire a lawyer, you pay the lawyer, tell the lawyer about your problem, leave your problem with the lawyer, take your chances, and hope for the best!
There IS another way!
A nice lady contacted us for help. Her lawyer promised to file an appeal after the court ruled against her. The lawyer never filed! The deadline to file ran out. Her winnable case is lost forever!

A nice man paid his lawyer $60,000. No discovery was done. No evidence was uncovered. The case was lost. His $60,000 bought absolutely nothing!

Too often people hire lawyers who are afraid to stand up to arrogant judges, too timid to press opponents for evidence, unwilling to fight tooth-and-nail for rights the lawyer promised to protect, or simply bailing out at the last moment, leaving their clients to fight their legal battles alone. Perhaps you know good people who suffered at the hands of their own lawyers. If so, we'd like to hear from you. Send your stories to: lawbook@jurisdictionary.com

Legal malpractice is on the rise, yet most people have no idea how to stop it, whether it's a crooked lawyer on the other side or your own lawyer!

People who pay lawyers, instead of going pro se, frequently end up holding the bag when the lawyer they hire bails our or wimps out, so they lose and never know why!

Good people should never lose in our courts ... whether they can afford a lawyer or not!
But, the vast majority don't know where to turn to find out for themselves what it takes to win ... whether they go pro se without a lawyer or dig into their life's savings to pay someone to represent them.
And, far too many good people rely on stupid ideas offered by amateurs who send out emails or hold weekend seminars. Not wise!
  • Jurisdictionary was created by a lawyer with more than a quarter-century of case-winning experience controlling judges and lawyers with nothing more than a common-sense knowledge of the Rules of Court and how to use them!
Only YOU can protect yourself from lawyers!
There is NO SUBSTITUTE for knowing what it takes to win ... whether you can afford the most expensive legal team or barely afford to put food on your family's table.
It's easy to learn how to win with Jurisdictionary!

Jurisdictionary shows you what needs to be done and makes it easy-to-understand - whether you do it yourself as a pro se or hire a lawyer to do it for you. You'll know how pleadings and motions should be drafted. You'll know what must be done to force the other side to produce evidence. You'll know the objections that must be made when the opposition tries to trick you with legalese or smoke-and-mirrors tactics.

You'll know what it takes to keep judges honest ! ! !
Without the easy-to-learn Jurisdictionary lawsuit self-help course, you're at the mercy of the lawyer on the other side, you're at the mercy of the judge and, if you have a lawyer, you're at the mercy of your very own lawyer!
Without Jurisdictionary knowledge, you needlessly risk losing!
Don't become another sad lawsuit story! There are far too many already!

Let Jurisdictionary show you how easy it is to know what it takes to win!
If you must hire a lawyer you'll know what should be done. You won't pay for incompetence or laziness. You won't let your own lawyer cheat you! You'll know how to demand the effective legal services you're paying for!

If you can't afford a lawyer, you'll know how to force the court to protect your rights and the rights of those you love by enforcing the Rules of Court!

It's easy with the affordable 24-hour Jurisdictionary course.
Learn how to control the court -- step-by-step ... in just 24 hours!

Go to www.Jurisdictionary.com to learn more!
Forward this Tips & Tactics to your friends. They'll thank you for it.
Winners know how to control the court using the official Rules of Court!

BE A WINNER ... Learn how to use the Rules of Court to win!
If you don't yet know what we teach, you cannot imagine how much fun it is to force people to do what's right ... even when they don't want to!

You have POWER TO CONTROL JUDGES once you know what the course explains so clearly an 8th grader can learn it all in just 24 hours!
What do you have to lose?

Losers believe in fables and get their legal education at the barbershop or expensive weekend seminars or websites run by people who never practiced law, never went to law school, and don't know mud from sand about the Rules of Court or how to use those rules to control judges.

Jurisdictionary IS what it takes to win!
Knowing how to use the Rules of Court to control lawyers and judges really does work!
Protect yourself!
and Your Precious Family

Another Search Page to Explore>> State Guides & Manuals Search
Note: You may find, when searching on "single" criteria, 0 results may show up. A hint that perhaps many issues still haven't be addressed in many states?

(Other Tips and Topics)
( From "How to Win in Court" Course )
Jurisdictionary

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Another Great Document for Your Library--Now Available
"Standing in the Shadow of the Law", 4th Ed.

 Learn More>> Click Here
May you find Strength in Your Higher Power,
 GranPa Chuck



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