Showing posts with label legal terms. Show all posts
Showing posts with label legal terms. Show all posts

Sunday, May 31, 2020

Conviction 1st Degree Murder in Minnesota


To get a lawful conviction for 1st Degree Murder in Minnesota, the prosecutor must prove beyond any reasonable doubt the accused had a well-formed plan to kill the victim BEFORE THE EVENT.
This is extremely hard to prove in any case where the accused caused the death of another, 
because it requires "admissible evidence" that proves beyond any reasonable doubt what was going on inside the accused's mind BEFORE THE EVENT. To prove what was going on inside anyone's mind is not a simple task, and it is extremely difficult to prove in court.
Please tell everyone you meet why that charge in Minnesota would likely result in acquittal ... not because the court is biased but because that is what the law requires.
If 1st Degree is charged and results in acquittal, justice will NOT be served, the police officer will go free, and the rioting and destruction of the property of innocent people will resume.
The 3rd Degree Murder charge in this case will undoubtedly result in a quick conviction and immediate incarceration of the police officer, whereas a 1st Degree Murder charge will not.
Angry people demanding 1st Degree need to be told the truth SO THEY WILL NOT CONTINUE TO DESTROY THE PROPERTY OF INNOCENT PEOPLE.
Please help me promote peace with Public Legal Education. I cannot do this by myself alone. i need you and many others to promote the legal education I've been working hard to provide for you and others these past 23 years.
Learn more about the burden of proof and "How to Win in Court" ... without a lawyer!

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
  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
    Defend Yourself 


Monday, May 4, 2020

Your Deposition Power ...in the Court Arena

Getting your Truth on the Record Is VITAL

Know When, Why, What, and How ...

Slay your opponent with depositions!
But!
Like other tools in your "Lawyer's Little Red Toolbox", depositions are best used:
  1. At the right time,
  2. For the right reason,
  3. In the right way!
A deposition is not a friendly coffee-klatch!
It's not a "social event".
Beware of sneaky lawyers, who'll try to turn the serious fact-finding business of deposition into a friendly "conversation".
Do not allow it.
When you see it coming, stop it immediately!

  • Depositions are designed so you can go after facts, any facts, that might lead to the discovery of "admissible evidence". The rules are fairly loose. You can ask questions and get answers that you could not get later at trial, where the rules of evidence are more strictly enforced.

But, some lawyers try to lull deposition witnesses into a false sense of security by being "friendly", asking questions about Aunt Suzy's recipe for butterscotch cookies or where Uncle Bill spent his vacation last year. This is done not to get at relevant facts but to trick the witness into "chatting", getting you and the witness off-guard so improper questions can be "popped" while you day-dream about how many quarters you put in the parking meter outside.

"I understand you're quite a golfer, Mr. Witness."
Red flag!

The lawyer is setting things up to go beyond the scope of allowable questioning. The next thing you know, the witness will complain about the exorbitant country club dues he pays. Or, he may brag about his success on the links in Las Vegas last summer. Answers that may give your opponent power to defeat you!
  • Don't be duped.
  • Your opponent's lawyer doesn't care a thing about the witness' golfing.
  • He's on a fishing expedition.
  • He's after something else.
Here's the rule that constrains depositions to facts (explained fully in the official Jurisdictionary
course):

The scope of discovery (requests for admissions, requests for production, interrogatories, depositions, and subpoenas) is limited by the rules to finding facts that are "reasonably calculated to lead to discovery of admissible evidence!

A golfer's handicap has nothing to do with his mortgage or child support or where he was last summer!
"Objection! Goes beyond the scope of discovery!"

If the other side continues to abuse the rule, you have the right to terminate the deposition and file a motion with the court for an order directing the lawyer to keep within the rule.

  • On one occasion in my 25 years as a case-winning attorney, the lawyer on the other side was so devious and his insurance company client so evasive, I forced the judge to appoint a special master to sit in on the depositions and rule on my objections then-and-there. I got the evidence I wanted out of that evasive executive, and the insurance company settled with my client the day before trial!
  • In another case the opposing lawyer was so ridiculous, I required the judge to order the lawyer to bring his client to the courtroom and answer questions under oath in front of the judge. That was the end of his sneaky tricks.

There's much more you need to know to successfully use depositions in your case. It's all in the course.
If you don't already have the official Jurisdictionary course, now's the time to Order
and start learning before you end up kicking yourself!

You will learn
  1. When (waiting until you know more about the case),
  2. Why (getting witnesses under oath before trial),
  3. What (knowing which facts you need to get)
  4. How (handling the deposition with tact and tactics)
Know how to use the rules!
Far too many good people lose in court because they don't know how to control the lawyer on the other side or the black-robed judge on the bench. They may have the "law on their side", but they will lose if they don't know how to control a deposition (for example) or when to proceed to deposition or how to draft a proper motion or why it's important to make courtroom objections, etc.
Is winning your case worth $249?
My law school education cost me tens of thousands and three years of diligent study.
The practical experience I gained defeating crooked lawyers and controlling corrupt judges for 25-years is priceless!
My education and experience can be yours!
~~~~~~~~~~~~~~~~~~~~~~~
Another Document vital to your library, now available as a download for $10.50
Don't be fooled by the value of this document. It is in plain English based on a Family Advocate with over a decade of experience dealing with and supporting those defending themselves. Parents, Lawyers, and even judges have praised the information found in this document.

Although, this information was inspired by those in Administrative Hearings, it has information valuable to all no matter what court setting..ie Family, Juvenile, and/or Criminal Court.
  • Do you know the importance of Documentation?
  • Do you know the basics of our Legal System?
  • Do you know the importance and how to set up your Law Book?
  • Do you realize issues against you is based on proving "You are the Worst Person in the World?" However, too many times, based on little proof. Your defense is to get on the record that you were actually doing the right thing, based on documentation and using the statutes for your state. Actually too many times, it has been found that the only "Bad" person was those in the agency itself since they were Not Following the statutes they are bound to.
It is vital whether you seek the assistance of a lawyer or not to know the statutes for your state particular to your state. Don't wait for others to assist you, in your time of need. You must take the offensive and become an advocate for yourself to protect your family.
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May you find Strength in Your Higher Power,
 GranPa Chuck

Saturday, March 10, 2018

How to Use Depositions

Your Deposition Power ...

When, Why, What, and How ...

Slay your opponent with depositions!
Happy DepositionBut!
Like other tools in your "Lawyer's Little Red Toolbox", depositions are best used:
  1. At the right time,
  2. For the right reason,
  3. In the right way!

  • A deposition is not a friendly coffee-klatch! 
  • It's not a "social event".
  • Beware of sneaky lawyers, who try to turn the serious fact-finding business of deposition into a friendly "conversation".
    Do not allow it.
When you see it begin, stop it immediately!

Lawyers will try to lead deposition witnesses into a false sense of safety by seeming "friendly", asking questions about Aunt Suzy's recipe for butterscotch cookies or where Uncle Bill spent his vacation last year.
This is not to get at facts but to trick the witness into "chatting", to get you and the witness off-guard so improper questions can be "popped" in while you day-dream about how many quarters you put in the parking meter outside.

"I understand you're quite a golfer, Mr. Witness."
Learn from Jurisdictionary step-by-stepRed flag!
Don't be duped.
Your opponent's lawyer doesn't care a thing about the witness' golfing.
He's on a fishing expedition.
He's after something else.
Click Here to Learn More!


Learn "How To Win In Court" ... without a lawyer
 ~~~~~~~~~~~~~~~~~~~~~~~~~~~~
May you find Strength in Your Higher Power,
GranPa Chuck

Researcher, Editor, Publisher, Collector

Related Reading: Legal Online Self Help 

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


 Learn More>> Click Here

Thursday, October 30, 2014

How to Read the Law ...


Know What the Law Actually Says and Means!


One of the biggest case-losing mistakes is mis-reading the law.
  • Constitutions (National & States)
  • Rules
  • Statutes (For Family issues a great starting point>> Go now)
  • Codes
  • Court Rulings
  • Other Legal Documents
    (Note: If you are party to a case, you have a right to see the documents>> Learn more about FOIA and the Privacy Act)
  • If you don't know what a law actually says, you'll have a devilishly hard time getting a judge to agree with you! 

Understanding the "rules of language interpretation" is essential ... not only to winning lawsuits but to obtain success in other pursuits of life as well.
Legal language must be interpreted according to the "rules of language interpretation".
Understanding the rules of language interpretation are vital to winning your case. 

You DO want to win, don't you?
Too many otherwise clever people "assume" they know what a law says, when the only opinion that counts in court is what appellate justices say the law says. 

 Appellate justices apply the rules of language interpretation. You must also!
  • Learn the rules ... if you want to win!
You must never let a judge or opposing party or his lawyer to play games with words. Knowing these rules (more completely explained in my course) gives you the knowledge-power you need to put a stop to the word games!
Sometimes judges and lawyers twist words to reach an outcome they desire. YOU must know these rules so you can put a stop to it before it causes you to lose your case!
Click HERE to Learn More

For example, one of the principles rules is the "Plain Meaning Rule". This rule requires judges to give words their "plain meaning", i.e., what an ordinary reasonable person would believe a word means in the context where it's found.

You must never let a judge or opposing party or his lawyer to play games with words. Knowing these rules (more completely explained in my course) gives you the knowledge-power you need to put a stop to the word games!

If a reasonable person would read "bicycle" to mean a two-wheeled vehicle powered only by legs and feet, no judge or lawyer should be allowed to stretch the meaning to include mopeds or motorcycles. Judges and lawyers should be compelled to agree that a law says "plainly" what it says and that it means it.




Sometimes judges and lawyers twist words to reach an outcome they desire. YOU must know these rules so you can put a stop to it before it causes you to lose your case!
So? What if the meaning is plain but the context is confusing?
Other rules (explained in my course) give clear direction.

For example, according to the rule of "ejusdem generis" (simply Latin for "of the same type"), general terms at the end of specific lists include only things of the same type as those specifically mentioned in the list. If a provision 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. One may assume the provision includes other citrus, e.g., kumquats, limes, tangelos, etc. However, strawberries and grapes are not included. The term ejusdem generis means, in essence, of the same type.

 

You need to know this stuff ... if you want to win!

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

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

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

Saturday, December 28, 2013

Legal Terms Search Box for your Web Site

Are you a "Weekend Web Master" like me, Granpa Chuck?

If so, put this coding in HTML on your web page:
(Or go directly to the Law.com website since there are 6 Options
>> http://dictionary.law.com/Default.aspx?dictionary=true )

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


<table border="0" bgcolor="#336699">
<script language="javascript"><!--
function rldictionaryform()
{
phrase = document.rldiction.typed.value.split(" ")
phrase = phrase.join("+")
rlditionary = window.open('http://dictionary.law.com/Default.aspx?typed=' + phrase + '&type=1','_dictionary');
document.rldiction.typed.focus();
return (false);
}
//-->
</script>
<tr><td>
<img src="http://dictionary.law.com/img/lawcom_diction_topform.gif"  width="150" height="40"></td></tr>
<tr><td align="center">
<form onsubmit="return rldictionaryform()" name="rldiction">
<input type="text" name="typed"><br>
<input type="image" src="http://dictionary.law.com/img/look_up_button3.gif" width="114" height="25" align="center" vspace="3" border=0>
</form>
</td></tr>
</table>
~~~~~~
And, walla


 

Wednesday, April 10, 2013

CA Judge’s Bench Book – A Smoking Gun

In many discussions, I’ve directed many to our NFPCAR legal webpage referring to Judge’s Bench Book. Also, in this post I have added an image of the section that directs the judges in CA as to what they are supposed to do… And yes it is pretty clear!!!
(Link to Judge's Bench Book Information: http://www.nfpcar.org/Legal/bench/index.htm )



For those who are not familiar of what these are, here is a brief introduction:

“..Simply put,  the best way to say it would be that Judges Bench Books are the instruction manuals on how a Judge can or should rule and/or preside over a case.   The biggest benefit to providing access to the Bench Books is it gives people a chance to have "inside information" to help them better anticipate what they're facing, and possibly help them defend themselves better.  It also shows/proves any incentive that the Judges may have for ruling a certain way.”

Please note, most of this information was put together by Gina, one of our members, who has been a great researcher… I do encourage anyone and/or everyone to send me information on their favorite subject, etc. to add to our NFPCAR site.


Here is Just one of the Issues Relating to Social Security Funding:

The Anatomy of Child Welfare Fraud:
Part 1 - Targeted Case Management
 

View Now

**

Tuesday, January 22, 2013

Importance of Attorney-Client Work Product

For those who are organizing their documentation it is vital that on your hard copies and on your computer you put the statement similar to the Example shown below. May even want to put a heading about the statement
"Attorney-Client Work-Product"

I have given the definition found in our online Legal Terms Section>> http://www.nfpcar.org/Legal/legalprint.htm Please note, if you have any term you want added to this section, let me know. I usually use the wiki legal section, but Black's Law Dictionary is known as the bible by the legaleze profession.
attorney-client work-product The work-product doctrine is more inclusive than attorney-client privilege. Unlike the attorney-client privilege, which includes only communications between an attorney and the client, work-product includes materials prepared by persons other than the attorney him/her self: The materials may have been prepared by anybody as long as they were prepared with an eye towards the realistic possibility of impending litigation. Additionally, it includes materials collected for the attorney such as interrogatories, signed statements, other information acquired for the prosecution or defense of a case, "memoranda, briefs, communications . . . other writings prepared by counsel for his/her own use in prosecuting the client's case . . . mental impressions, conclusions, opinions, or legal theories."[3]
However, the work-product doctrine is also less powerful than the attorney-client privilege because it is not a privilege, and therefore may be overcome by a showing of necessity, as described above.

Example Statement: 
"Contents of this document, whether on computer hard drive and/or hardcopy are protected by Attorney/Client Work-Product and anything on (in) this should be considered protected as such. Any access or disclosure of the Attorney/Client Work-Product by unauthorized persons in an attempt to hamper a person's defense of him or herself or their family can and/or will be subject to legal action."  (Added 06/10-GPC-Wiki- http://en.wikipedia.org/wiki/Work-product_doctrine  )

Wednesday, August 15, 2012

What is Imminent Danger? Your Input Needed


Thursday, February 16, 2012

How to Read the Law ...




Below is one of the many emails received from Jurisdictionary .  In this discussion, I encourage everyone to keep this point in mind:
You need to know this stuff ... if you want to win!
Also, check out our online Legal Terms>>Go Now

( From "How to Win" Step-by-Step Self-Help Course )
Jurisdictionary

Know What the Law Actually Says and Means!
One of the biggest case-losing mistakes is mis-reading the law.
  • Constitutions
  • Rules
  • Statutes
  • Codes
  • Court Rulings
  • Other Legal Documents
If you don't know what a law actually says, you'll have a devilishly hard time getting a judge to agree with you!

Understanding the "rules of language interpretation" is essential ... not only to winning lawsuits but to obtain success in other pursuits of life as well.
Legal language must be interpreted according to the "rules of language interpretation".

Understanding the rules of language interpretation are vital to winning your case.  
You DO want to win, don't you?

Too many otherwise clever people "assume" they know what a law says, when the only opinion that counts in court is what appellate justices say the law says.
Appellate justices apply the rules of language interpretation. You must also!

Learn the rules ... if you want to win!
For example, one of the principles rules is the "Plain Meaning Rule". This rule requires judges to give words their "plain meaning", i.e., what an ordinary reasonable person would believe a word means in the context where it's found.

You must never let a judge or opposing party or his lawyer to play games with words. Knowing these rules (more completely explained in my course) gives you the knowledge-power you need to put a stop to the word games!

If a reasonable person would read "bicycle" to mean a two-wheeled vehicle powered only by legs and feet, no judge or lawyer should be allowed to stretch the meaning to include mopeds or motorcycles. Judges and lawyers should be compelled to agree that a law says "plainly" what it says and that it means it.



Sometimes judges and lawyers twist words to reach an outcome they desire. YOU must know these rules so you can put a stop to it before it causes you to lose your case!
So? What if the meaning is plain but the context is confusing?
Other rules (explained in my course) give clear direction.

For example, according to the rule of "ejusdem generis" (simply Latin for "of the same type"), general terms at the end of specific lists include only things of the same type as those specifically mentioned in the list. If a provision 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. One may assume the provision includes other citrus, e.g., kumquats, limes, tangelos, etc. However, strawberries and grapes are not included. The term ejusdem generis means, in essence, of the same type.
You need to know this stuff ... if you want to win!

To learn more, order my affordable, official 24-hour  Jurisdictionary "How to Win in Court" self-help course and get your competitive edge ... before it's too late.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
  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

Wednesday, February 1, 2012

Know What the Law Says !

Below is one of the many emails received from Jurisdictionary .  One phrase you may want to become familiar with is "rules of statutory interpretation". In this particular email, do you:
Know What the Law Says!

( From "How to Win" Step-by-Step Self-Help Course )
Jurisdictionary

One of the biggest problems for pro se litigants is mis-reading the law.

If you don't know what the law "says", you cannot get a judge to agree with you.

Understanding statutory interpretation is essential.

Reading law can be confusing, especially statutes and code. Words must be interpreted according to rules of statutory interpretation. Learning the rules of statutory interpretation is vitally important to you ... if you want to win.

You must know how courts interpret what Congress or your state legislature really meant when they wrote the law you're relying on to win your case!

Too many "assume" they are reading the law correctly (or make the mistake of taking someone else's word for what the law really says).

Courts follow "rules of statutory interpretation".
You need to learn these rules!

The paramount rule for interpreting statutes is that language used by Congress or legislatures should be given its "plain meaning". Courts should not play games with words. If a reasonable person would read "bicycle" to mean a two-wheeled engine-less vehicle powered only by legs and feet, judges should not be permitted to interpret that word to include motorcycles.

  • Laws should say what they mean and mean nothing more.
But, what if the meaning is not plain?

By the rule of ejusdem generis (Latin: "of the same type"), judges should interpret general terms at the end of specific lists as including only things of the same type as those specifically mentioned in the list. For example, if a statute 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. Judges are allowed to assume the law intends by "other fruit" to include all types of citrus, kumquats, tangelos, limes ... but not pineapples or persimmons.

When the legislature lists items of similar kind and adds "and other", the doctrine of ejusdem generis limits the word "other" to include only items of the same type.
Simple enough?
Another rule of statutory interpretation is inclusio unius, exclusio alterius. Sounds complicated, but it simply means that the inclusion of a specific term should exclude (Latin: include one, exclude others). If a statute specifically refers to lemons (and does not mention limes or grapefruit or "other fruit"), courts should obey this rule and not expand the legislative intent to include limes and grapefruit. It is not the domain of our courts to expand what the legislature says beyond what the legislature specifically says!

To learn more about statutory interpretation and how to control corrupt judges and overcome crooked lawyers, you need the official 24-hour Jurisdictionary "How to Win in Court" self-help course.

Know how judges are supposed to read and interpret the law. Know how to force everyone, including judges and lawyers, to play by the official rules that bind the courts.
Know what you need to know to win!
OR, even better
Related Information Now Available
"Standing in the Shadow of the Law", 4th Ed.

Related Reading:

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