Wednesday, October 16, 2013

When the Law "Breaks the Law"

Control those who Control YOU!
The Wild Wild West was won by a few folks clever enough toWin with Jurisdictionary! establish "Law & Order" in the unsettled wilds west of the Mississippi by bringing along:
England, did you say?
Yup!

In that single book (you can get a Kindle or Nook version for free) written before our Declaration of Independence, those early settlers found enough common-sense law to jail bandits, hang rustlers, and open the way for railroads and booming towns and cities ... impossible without law and order.

Contrary to what you see on TV, it wasn't faster guns or bigger fists that settled lawless towns like Tombstone and Dodge City. It was the support of local townsfolk who wanted law and order. People who believed in the principles of Justice found in those two books: the Bible and Blackstone. People with courage to put an end to lawlessness.


Yet today we face a new threat lawlessness!
  • It may be a bank using fraud to foreclose.
  • It may be a corrupt business partner, ex-spouse, or next-door neighbor out-of-control.
For many it's the threat of government officials refusing to follow the law - tax collectors, police officers, and corrupt judges who break the law to allow fraud to reign free in their courts as lawyers rape people who do not know "How to Win in Court".
  • When "the law" becomes outlaw, there's only one remedy.
People who know how to use the Rules!
  • The Rules of Evidence that control all civil and criminal proceedings in state and federal courts comprise less than 30 pages in the official rule books?
  • The Rules of Procedure that control all civil and criminal proceedings in state and federal courts comprise less than 60 pages in the official rule books?
You can use those rules to control every judge, every lawyer, every bank, every giant corporation, your next door neighbor, a business partner, and every state and federal agency trying to pull the wool over your eyes.

Solve your legal problems today the same way western settlers brought lawlessness to its knees in the Wild West more than a century ago ... learn the Rules!
Justice is Yours for the Taking!
Protect yourself children from lawless legal officials, scheming bankers, incompetent doctors, rival siblings, and anyone else who seeks to do you harm.

 If a fraudulent lender, bill collector, tax man, corrupt judge, crooked lawyer, or anyone else uses unlawful force to deprive you or your family of your rights, teach them a lesson!

That's how the West was won!--Learn now at How to Win in Court
 ~~~~~~~~~~~~~~~~~~~
May you find Strength in Your Higher Power,
 GranPa Chuck

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

Now on sale as a hardcopy:
Standing InThe Shadow of the Law
  Shadow-Special
Special Edition - Expanded and   More information than Original VersionBy Marilyn Harrison
 

         http://nfpcar.org/Shadow/Hardcopy Now Available>> Purchase Now ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~


Tuesday, October 15, 2013

Retrospective on U.S. Judicial Reform - Online Discussion

Let's Gather Again Around The Virtual Round Table




This Thursday - October 17, 2013 at 7:00 pm CT, attorney Michael McCray and NFOJA’s own Dr. Andrew D. Jackson will join your host, Zena Crenshaw-Logal, at “The Virtual Round Table” to discuss this remarkably important topic: “Third Branch Triage, 2013 -- A Retrospective on U.S. Judicial Reform Advocacy".
Please note that this broadcast begins at 7 pm Central Time and 8 pm Eastern Time.  To calculate the time for your area, visit http://www.timezoneconverter.com/cgi-bin/tzc.tzc
Visit NFOJA at: http://50states.ning.com/?xg_source=msg_mes_network
 ~~~~~~~~~~~~~~~~~~~
Related Reading:

 Basic Example of a Strong Defense 

Friday, October 11, 2013

Preparing for Hearings or Trial ...


Preparation is everything!
Whether you're training for the Olympics or trying to win a case in court, winners know they must exercise, prepare themselves, and be ready for the competition.

But! You will in all likelihood be required to prepare for and attend a few hearings and, if you don't master what I teach in my course, you will probably have to prepare for and enter the trial arena for a final judgment.
  • Either way, you must prepare.
All you need to know is how to use a handful of tools effectively.
  1. Proper pleadings.
  2. Evidence discovery tools.
  3. Motions and memoranda.
  4. Courtroom objections.
The best preparation begins when the case begins (whether you're a plaintiff or defendant). Here is when you memorize the "pleadings" (i.e., the allegations of the plaintiff's Complaint, the defendant's Answer and Affirmative Defenses, and the plaintiff's Reply to the defendant's Affirmative Defenses.

These are the most important documents in any case! The allegations in these initial documents tell us what the parties intend to prove, indeed what they must prove by the greater weight of admissible evidence in order to win.

Pleadings
Pleadings frame the case and tell the court what the fight is about.
 Too many people worry about too many things that have nothing whatever to do with the allegations contained in the pleadings.

Everything begins and ends with the allegations contained in the initial pleadings.
If your case goes to trial, it will those allegations in your pleadings that you'll be struggling to prove by bringing in MORE evidence in favor of your allegations than your opponent has in support of his.
Whether you're at a hearing or a full-blown jury trial, the only facts that matter are those alleged by the pleadings. Other facts may be brought in by witnesses, documents, or tangible exhibits - but the only facts necessary are those that tend to prove or disprove the allegations of the pleadings. Everthing else is a waste of time and only results in muddying the waters and giving your opponent more opportunities to confuse the judge and discredit you!

 EvidenceEvidence proves the facts alleged.
  • Now is the time to list the witnesses, documents, and tangible things you have (or can get with your 5 discovery tools explained in my course) that will tend to prove your allegations are true.
  • Now is the time to list the witnesses, documents, and tangible things you have (or can get with your 5 discovery tools explained in my course) that will tend to dis-prove the allegations of your opponent's pleadings.
Motions
Motions "move" the court to act.
  • Now is the time to move the court to take judicial notice of all facts for which the court can be forced to take judicial notice.
  • Now is the time to move the court to take judicial notice of all laws that apply to the facts of the case.
  • Now is the time to file motions in limine to prevent your opponent from bringing in extraneous or prejudicial facts at trial.
  • Now is the time to file carefully-researched memoranda in support of your motions and overall legal position.
  • Now is the time to line up your witnesses, get affidavits of their testimony before you take their depositions, and then take their depositions so you can be assured their testimony at evidentiary hearings or trial will be what your witnesses "told" you it would be.
  • Now is the time to take depositions of your opponent's witnesses, so you can undermine them and show they do not have first-hand knowledge of the facts your opponent intends to use them to present, or that they are biased, or that they are convicted felons or otherwise unreliable.
Objections
Courtroom objections put the judge on notice he will be appealed if he rules against you!
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Related Reading:

Friday, October 4, 2013

Those who Falsely Accuse may be the REAL ABUSER?

Came across a very interesting article "False Abuse Reports Trouble Child Welfare Advocate". 

Heck, I will be so bold as to say those who Falsely Accuse another, and many who do it Anonymously are actually the True Abuser. 

Keep in mind that the one of two of the original intents of even creating the agency was to Protect Children from the cruelty of broken bones, and "intentional" harm. And NO not to be reported for reasons like this, as taken from this article:
  • A homeless mom was accused of being a drug abuser because.."assumed the caller was another woman in the same homeless shelter who was jealous of her relationship with her boyfriend, but she couldn’t prove it because the call was made anonymously..."
  • "Margaret Burt, who said she regularly represents foster and adoptive parents who are the target of repeated harassing calls to the state's central registry of child abuse reports, often by biological parents who themselves feel powerless to reclaim their connection to their children."  (However, note, were the children removed from their parents do to Child Cruelty or yet another False Allegation?? And so the circle goes round and round)
  • We see the threat of false reports to child welfare and then actual malicious and retaliatory reporting by batterers at all different stages of abusive relationships, and we see it frequently,” explains Liz Roberts, Chief Program Officer for Safe Horizon

In relationship to "Anonymous Reporting" here is a Reform suggestion found in this research paper, Child Protection at the Crossroads: Child Abuse, Child Protection, and Recommendations for Reform (03/31/1998)


Repeal mandatory reporting laws that are in effect in all the states. Mandatory reporting laws, designed to encourage those who work with children to report incidents of maltreatment, have had two negative effects. 
First, they encourage unnecessary reporting because professionals must report all of their suspicions under threat of prosecution. While such prosecutions are rare, one shouldn’t have to report suspicions. Reporting should be restricted to more concrete evidence of a crime. 
Second, mandatory reporting discourages fellow citizens from taking positive neighborhood action with families in trouble. 
Citizens tend to consider that their responsibilities have been met when they call an anonymous hotline, because that is what the law tells them to do. Knocking on the door and offering help to a family, which is troubled, but not engaged in criminal behavior, may be the more appropriate alternative.


Many people have asked me "Whose Side are you On?"
The only side I am on is the side of "Truth". Plus, I believe that each and everyone one of us should be held responsible for our actions. Be it the Parent, the Agency, and, Yes, even the Child.
 ~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Now on sale as a hardcopy:
Standing InThe Shadow of the Law

  Shadow-Special
Special Edition - Expanded and   More information than Original VersionBy Marilyn Harrison
 

         http://nfpcar.org/Shadow/Hardcopy Now Available>> Purchase Now ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
May you find Strength in Your Higher Power,
 GranPa Chuck

 

 

Sunday, September 8, 2013

WHY CPS NEEDS TRANSPARENCY NOW!!!

Great Video, must view and Share, Share Share:
>>>BE THAT ONE SMALL VOICE<< 
Don't wait for a leader to ride on their White Horse!!
 Plus one of the Issues presented to the CA Blue Ribbon Commission by one of the Small Voices in CA, Lori>>
1. Transparency issues- do away with anonymous reporting through hotline calls and calls from non-mandated reporters- prosecution for parties found to be maliciously placing calls. California is one of the few states that fail to actively seek charges against parties who place these types of calls, causing real issues of neglect and abuse to be ignored/overlooked and harder to identify for Social Workers. Los Angeles County is respectfully requested to pursue and Ordinance and Amend for the sake of effective reporting- a County Code Section to prosecute to the fullest extent of law Parties found to place false reports of Child Abuse.<< (Read More)

They Kidnapped Our Child: Why CPS Needs Transparency Now
This is a must watch for all who have kids or are interested in the travesty that is the Child
*


Join Us Sep. 10, 3PM EST  on Freedom Talk Radio when We Discuss:
State Audits of the Child Protective Service: Is this an effective Tool?
Link: http://nfpcar.org/FPLS/Freedom_Talk/index.htm
What we Hope to Discuss? : We will be discussing the Purpose of a State Audit:
  • Audits of the Past in Regards to the Child Protective Agencies
  • The Current Audit in California with a Guest that has been Active in LA County with the Board of Supervisors and Blue Ribbon Comission.
  • Related Power Point Presentation
PPT Page 1  The Trauma Continues:
While WE do NOTHING!

Created by the FPLS Team
(Download)

Note: After Downloading any Power Point Presentations, you may download MicroSofts' Power Point Viewer (2007) at: http://www.microsoft.com/downloads/details.aspx?FamilyID=048DC840-14E1-467D-8DCA-19D2A8FD7485&displaylang=en
 
"YES"
we know that the agency Not only in California, but Nationally is,
or seems to be, destroying families instead of repairing and/or guiding families.
So do call in if you have been that
"one small voice", like Lori, Our Special Guest,

offering suggestions to your Board of Supervisors.

Monday, August 26, 2013

"They Kidnapped Our Child": Why CPS Needs Transparency

Do closely check out this video. In the first 3 minutes, all of us should know the story of "Baby Sammy"..
But after that hear the short clips starting with Assemblyman Donnelly and then those in the agency, with comments from victims of CPS.

Ask yourself, is this Alleged Confidentiality for the Protection of the Children and/or those involved...
OR is it for those Agents of the Child Protective agency who even gained their power to:

  1. Protect Child;
  2. Strengthen Families.
Myself and many of my Affiliates have shared stories for over 15 years with Parents, Relatives, and Care Givers, who have been involved with the agency. I can only say have these hundreds of people been lying about the tactics used by the agency????

Many thanks to Reason.tv for sharing this video, and the text provided below this video.
~~~~~~~~~~~~~~~~~~~~
May you find Strength in Your Higher Power
Granpa Chuck
My Affiliation

**
Published on Aug 13, 2013
In April 2013, police officers and a social worker from Sacramento County's Child Protective Services entered the home of Anna and Alex Nikolayev and took their baby, Sammy, away from them. They had no warrant.

"What they'd done was, basically, kidnapped our child with the help of police," says Alex Nikolayev. The young, first-time parents were not notified of where Sammy was being taken and wouldn't find out for a full 24 hours. According to the Nikolayevs, the dispute stemmed from the parents' desire to obtain a second medical opinion before subjecting Sammy to major heart surgery.

The Nikolayev's story made national headlines thanks to footage from a camcorder Anna Nikolayev set up on the kitchen table. It also caught the attention of California Assemblyman Tim Donnelly, who spearheaded an audit of the agency.
"The secrecy by which CPS operates is a massive problem. Because when you have secrecy and unchecked power, you have a recipe for corruption and abuse," says Donnelly.

The secrecy surrounding CPS stems from the nature of California's juvenile dependency courts, which only allow limited press access and seal all court records. While media and other interested parties can petition the court to open the records, this can be a lengthy process and by no means guarantees results. ReasonTV petitioned the court to open the records in the Nikolayev's case and, almost two months later, we have still not received a ruling from the judge.

The issue of funding is one that many critics of CPS are quick to raise, most prominently and frequently by the late Georgia state senator Nancy Schaefer. While the funding incentives for any government agency are complicated and seemingly impossible to divine, Orange County Social Services Agency Director Michael Riley, who oversees Orange County CPS, testified in a deposition related to Hardwick's case that putting more children into the foster system can boost the agency's budget.

"Let's say you spend ten dollars a year. So, then, for the following year, your base then would be ten dollars," says Riley. The lawyer questioning Riley then points out that failure to use the entire base would result in a lowering of the base for the next year. He then asks Riley if the funding stream is tied to how many children they bring into Orange County's children's home, Orangewood.

"It's tied to the number of children we have in the foster system," says Riley.

We reached out to both Sacramento County and Orange County Social Services Agencies in the production of this story, and representatives with both were happy to talk with us. However, because of the closed dependency courts, neither representative could comment on details of specific cases. The absurdity of this charade reached such heights that Sherri Heller, who runs Sacramento County's Health and Human Services, told us that she could not even confirm nor deny that Sacramento County CPS was even involved in the Nikolayev case, despite widespread reporting and video evidence that it was. It's not just parents and children who suffer from the secrecy. CPS workers and their managers say they are not happy about this situation either and feel that more openness and transparency would help them to communicate their side of the story clearly.

"Most of us in this field are eager for the public to understand what happened and why," says Heller. "It is a source of great dismay to us when we are accused of hiding behind the confidentiality law."

In the immediate wake of the Nikolayev case, parents gathered in Sacramento to support the audit and testify in front of the audit committee. The audit is set to proceed in the next few months, and the auditor will choose three county agencies to examine. But for parents like Deanna Hardwick, who's experienced the power of this agency first-hand, a state-level audit is just the beginning of a broader movement towards transparency and accountability.

"Once the American people are able to be made aware that this is going on, I think that will be a real step forward towards making sure that there's accountability and making sure that the agency is working towards keeping families together rather than separating them," says Hardwick.

About 10 minutes.

Produced by Zach Weissmueller. Camera by Paul Detrick, Tracy Oppenheimer, and Weissmueller.

Visit http://reason.com/reasontv/2013/08/12... for full text, supporting links, and downloadable versions. And subscribe to Reason TV's YouTube Channel to receive automatic notifications when new material goes live.

Saturday, August 17, 2013

BEWARE of Legal Mythology!!!

Many today are angry at our justice system.
  • Many have good cause to be angry!
  • Some, however, are too angry!
  • Their anger will hurt you!
  • They are blinded by their anger!
You'll recognize them by the anger. They are not your friend! Their "legal theories" fail. They are blinded by rage. Believe them at your peril.
  1. An angry person called insisting she had "copyrighted" her name so the courts couldn't use her name on official papers. To think one can prevent others from using one's name by "copyrighting" it is utter nonsense. Anger twists the mind in strange ways!
  2. Some are convinced our courts are "admiralty courts" and cannot rule in common law or statute, all because there is a yellow fringe on the courtroom flag. This lie has been promoted for years by angry people that don't know (or don't want to make any effort to know) the truth.
  3. Some claim to be "patriots", yet do all they can to evade the Rule of Law and refuse to do anything toward learning the principles of due process so many gave their lives to protect in past and present wars!
  4. Thousands hover around the radio to hear commentators tell them how horrible things are, yet only a handful of talk show hosts encourage us to make things better by exercising our God-given "law power" in court!
I know people are hurting. We've helped tens of thousands of hurting people to get justice in the courts since 1997 when we launched Jurisdictionary on the web.

Know how to honor the sacrifices of millions who died to give us "law power" we need to overcome corruption?
Are you ready to begin?
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
May you find Strength in Your Higher Power,
 GranPa Chuck
    Defend Yourself>>