Saturday, July 6, 2013

Abilities Needed To Be A Pro se Litigant*

..Or abilities you will learn being a Pro se litigant!
Note: Whether you have a lawyer or not, this Ability Checklist may be very helpful.
  • The ability to deal with rejection-You must be able to take rejection without defining it as failure. Always remember if two lawyers are walking out of the courtroom, both were overpaid. Just kidding. If two lawyers are walking out of a courtroom, one of them lost! You must interpret rejection as a battle, not the war.
  • The ability to continue after being knocked down- Sometimes you may need to take a day or two to recover. You may need to let your rage diminish. You will need the ability to get back up and say, "Ok, what can I do now?" or "What didn't I do?"
  • The ability to view things from many different angles-You need the ability to think more in terms like, "That is A view" versus "There is my view and the wrong view." "That is A defense" versus "They don't have a defense." Being impatient or intolerant with another's view, defense or assertion appears as immaturity in the courtroom. Opposing side is supposed to have a view, defense or assertion. Many times you will deal with outrageous arguments using deceit and/or lies that would never be used as arguments outside the courtroom.
  • The ability to be precise in written and spoken word-"I did not have sexual relations with Monica Lowinsky." Ms. Lowinsky's allegations involved oral sex. The definition of sexual relations does NOT include oral sex. President Clinton never denied Ms. Lowinsky's sexual allegation....but millions thought he did! "There is no improper relationship." There isn't now, but WAS there? Many of us are raised speaking and writing without precision. We fill in the gaps with what we believe is the intended meaning. Precision in the spoken and written word will take time to learn.
  • The ability to remain dignified regardless of the circumstances-You will deal with all sorts of absurdities, injustices and indignities. You will be told nonsense and lies with people looking you straight in the eye or sounding like they are on a truth serum. You must learn to stare absurdities, injustices and indignities square in the face without losing your cool while still defending yourself. Being outraged or emotional does NOT carry the weight it may carry outside the courtroom.
  • The ability to be persistent and thorough-Many in the legal profession say the one who wins is the one with the most stamina. Of course, that usually means the one with the most money to spend. Persistence and thoroughness are necessary elements to any successful litigation.
  • The ability to remain in control of your emotions-When you are litigating Pro se, it is particularly difficult to separate your emotions during litigation. Be forewarned, emotionalism during litigation can and most likely will be used as an excuse to cut you off.
  • The ability to know and accept your wrong after being 100% convinced you are right-This can be a humbling and learning experience. Sometimes, despite our convictions or our research, there will be times we will miss or misinterpret the point and be wrong. Thinking law and litigation is a mixture of morality, common sense and fairness is a common source of this experience. Morality, common sense and fairness may be elements in the drafting of laws, but the implementation of law may not favor morality, common sense or fairness as these terms are generally defined.
  • The ability to hold your position when right when everyone is saying you are wrong -Remember case law is made by litigants questioning Judge's decisions. There may be times lower court procedure and trials become a formality in order to get the higher courts to rule on your issues.
  • The ability to separate morality, common sense, fairness and law-Morality, common sense and fairness may be elements in the drafting of laws, but the implementation of law may not favor morality, common sense or fairness as these terms are generally defined.
  • The ability to see Judges and Lawyers as human beings-Most have to have several hearings before they can see Judges or Lawyers as human beings. Usually the behavior from Judges and Lawyers will eliminate any pedestal you may have placed them on.
  • The ability to stay on point-Court proceedings many times are nothing more than obstacle courses designed to get you off point. If they can get you off point, your issues get lost. Frankly, it takes guts to insist on remaining on point and sometimes that could mean getting the Judge back to the point.
  • The ability to present your case without preaching-So many Pro se litigants preach in their documents and during hearings. They want to give the court a history lesson on the great principles this country was founded on. Argue the merits of your case with minimal preaching.
  • Most Important! The ability to recover from the stress-Litigation, many times, can damage a person like little else can. You MUST recover and move on so you can be there to help others. Process your rage into a recovery!
*Original Article from: http://Caught.net
Related Reading:
 Finding and Helping Your Lawyer
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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

Supreme Court Weighs Parental Rights Abuses by Social Workers, Police

Need More Laws?Although this article is from 2011, we all know that the wheels of justice turn very slow. Also, I need to add the Supreme Court documents to this.

Yet again the lower courts and the related agencies have not followed the very statutes, policies, procedures, etc, that they are bound to.
I urge all parents and/or those directly caring for the children, to Know:
    >>the State Statutes, particular to your concerns     >>And Document all Proof that you were doing the right thing for the child.     
(Excerpts Reason for Law Book  ~Using Your Law Book)

 In this article here are the major decisions and/or cases.
 

  • The Ninth Circuit Court of Appeals ruled that the social worker and police officer were shielded from liability for the interrogation at school, but that the social worker violated the Constitution by preventing the mother from being near her daughter during the physical examination, and that a jury should decide whether the social worker lied in order to get a court order removing the children from their home. (Need Case)

  • The Supreme Court is also considering another case this year that seeks to apportion liability between the State of California and the County of Los Angeles for trampling the rights of parents who were initially accused of child abuse by a rebellious teenager but later found to be completely innocent. In that case, the Ninth Circuit harshly criticized California's Child Abuse Central Index. The CACI lists hundreds of thousands of Californians, preventing them from getting jobs, when many of them have never been charged-much less convicted-of child abuse or any other crime.


~~~~~~~~~~~~~~~~~~
Supreme Court Weighs Parental Rights Abuses
by Social Workers, Police


WASHINGTON, Feb. 24, 2011 /Standard Newswire/ -- The United States Supreme Court will hear arguments Tuesday in a pair of cases that could restrict the authority of social workers to interview and examine children without their parents' knowledge and consent. Pacific Justice Institute filed an amicus brief in the cases in support of parental rights.
Brad Dacus, president of Pacific Justice Institute, stated, "For years, we have heard from outraged parents whose children have been subjected to invasive questioning and embarrassing physical examinations at school and elsewhere, without the parents' knowledge or consent. These cases are a critical opportunity to restrict unchecked governmental power and reassert parental authority."
The cases arose in Oregon, where a social worker and police officer went to a child's elementary school, pulled her out of class, and interrogated her for more than an hour about alleged abuse by her father. The child later said she only agreed that her father had abused her because the social worker would not accept any other response. The child was later removed from the home by the social worker and subjected to being undressed and invasively examined, and her mother was refused permission to be anywhere near her during the exam.

The Ninth Circuit Court of Appeals ruled that the social worker and police officer were shielded from liability for the interrogation at school, but that the social worker violated the Constitution by preventing the mother from being near her daughter during the physical examination, and that a jury should decide whether the social worker lied in order to get a court order removing the children from their home.
The Supreme Court is also considering another case this year that seeks to apportion liability between the State of California and the County of Los Angeles for trampling the rights of parents who were initially accused of child abuse by a rebellious teenager but later found to be completely innocent. In that case, the Ninth Circuit harshly criticized California's Child Abuse Central Index. The CACI lists hundreds of thousands of Californians, preventing them from getting jobs, when many of them have never been charged-much less convicted-of child abuse or any other crime.
Dacus noted, "There is no question our society has a problem with child abuse that should be aggressively prosecuted and punished. The problem is that, unlike every other type of crime, parents are presumed guilty until proven innocent, and the government often destroys good families based on unfounded allegations that are never proved. We are hopeful the Supreme Court will restore the balance that is currently missing in this important area of the law."
The amicus brief filed on behalf of Pacific Justice Institute was authored by prominent California parental rights attorneys Dennis Atchley, Donnie Cox, Shawn McMillan, David Beauvais and Paul Leehey.
About The Pacific Justice Institute:  Pacific Justice Institute is a non-profit 501(c)(3) legal defense organization specializing in the defense of religious freedom, parental rights, and other civil liberties. Pacific Justice Institute works diligently, without charge, to provide their clients with all the legal support they need.  Pacific Justice Institute's strategy is to coordinate and oversee large numbers of concurrent court actions through a network of over 1,000 affiliate attorneys nationwide. And, according to former US Attorney General Edwin Meese, "The Institute fills a critical need for those whose civil liberties are threatened." "Through our dedicated attorneys and supporters, we defend the rights of countless individuals, families and churches... without charge.
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Advice from one, who read this post:
My advice to you who have kids in our area.
a. HOME SCHOOL!
b. Careful of disgruntled family members..keep kids away!
c. DON'T TRUST ANYONE WITH YOUR KID!!!
d. Always, always know who and what your kid is doing and with who.
e. MEET ALL PARENTS of your kids friends BEFORE they go to the home and know them FIRST!!! refer to

 Click HERE to learn "How To Win In Court" ... without a lawyer
~~~~~~~~~~~~~~~~~
  Also, a Great Document for Your Library--Now Available
"Standing in the Shadow of the Law", Special Edition.


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

Sunday, June 23, 2013

PLEA FOR JUSTICE PROGRAM?

If you know of anyone being, or who was pressured to plea bargain, or who turned down a plea deal only to get wrongfully convicted and zapped with a long prison sentence, please let him or her know about this initiative by 2 NFOJA sister organizations: PLEA FOR JUSTICE PROGRAM (P4J)
Also Related>> 

Learn the Law
of Plea Bargaining
A live, online review of key U.S. cases
and their implications for the federal rights
of criminal defendants engaged in
 plea bargaining. Know your rights.

The Law Project


http://static.wixstatic.com/media/fa6d06_74a4f177981d5e5e589aa156c2c1c3d0.jpg_srz_105_106_75_22_0.50_1.20_0.00_jpg_srz

The Law Project
is to be part of the “Justice in America Network T.V. Series”. 

Learn about that and other exciting developments, including our expanding administrative staff, by visiting the new portal to:

National Forum On Judicial Accountability (NFOJA),
POPULAR (Power Over Poverty Under Laws of America Restored), and
OAK (Organizations Associating for the Kind of Change America Really Needs),
courtesy of our corporate sponsor:  The Law Project

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Related Reading: In the Family Courts do you know your state Statutes??
Here is a Great Starting Point:
The Child Welfare Information Gateway has been creating State Summaries on Particular Concerns. Below are some of these summaries. Will be listing more as they become available or updated.
Note:Summaries from other Sources may also be added.
Note: When you click on View, this is introductory information comparing states. To see the State Statute Summaries, you need to Download the PDF file. (Note: Will be taken directly to Agency page and dates of updates may be newer than shown on this page.)
Download PDF File of ALL Introductions to Summaries (Rev. 2 -- 02/04/2013)
Adoption ~ Best Interest of the Child ~ Case Planning ~ Child Abuse & Neglect ~ Child Welfare Law & Policy ~ Central Registry ~ Conflict of Interest Domestic Violence ~ Emancipation ~ False Allegations ~ Family Preservation ~ Fathers ~ Foster Care Givers ~ Guardianship ~ Immunity ~ Infant ~ Mandatory Reporters ~ Parental Drug Abuse ~ Permanency ~ Placement with Relatives ~ Reasonable Efforts ~ Reinstatement of Parental Rights ~ Reunification ~ State Guides & Manuals Search ~ Termination of Parental Rights
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Did You Know??
The ORIGINAL intent of even creating a Governmental Agency
for Our Children & Families was to:
1)Protect Children &
2) Strengthen Families
When are the Sheeple going to realize that Strenthening Families can actually Prevent Child Abuse??
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

 

Monday, June 17, 2013

Audit in TX-from Child Welfare Information Gateway-June Pubs.

Child Welfare Information Gateway
Auditing our Welfare Agencies seems to be the Big Buzz Word.. So do check out the Audit Reports for Texas given below.
June 17, 2013
Dear State Resources Subscriber,

Below is a list of new publications that were added to Child Welfare Information Gateway Library in May
Title: An Audit Report on Child Protective Services Funding, Direct Delivery Staff, and Disproportionality Efforts at the Department of Family and Protective Services.
Author(s): Keel, John.
Published: 2013
PDF: http://www.sao.state.tx.us/reports/main/13-029.pdf
Abstract: The State Auditor's Office audited the Department of Family and Protective Services (Department) to determine whether the Department maximized and spent funds for caseworkers in ...


Title: Pathways to Mental Health Services: Core Practice Model Guide.
Published: 2013
PDF: http://humanservices.ucdavis.edu/Resource/PDF/123%20169%20Core%20Practice%20Kat
ie%20A%20Guidebook.pdf

Abstract: The purpose of the Core Practice Model (CPM) Guide is to provide practical guidance and direction for county child welfare and mental health agencies, other ...


Title: An Audit Report on Caseload and Staffing Analysis for Child Protective Services at the Department of Family and Protective Services.
Author(s): Keel, John.
Published: 2013
PDF: http://www.sao.state.tx.us/reports/main/13-036.pdf
Abstract: The Department of Family and Protective Services' (Department) competitive starting salaries for Child Protective Services (CPS) caseworkers and its recruitment strategies helped it hire 1,704 ...


Title: Permanency Planning and Family-Based Alternatives Report in Response to S.B. 368, 77th Legislature, Regular Session, 2001, Submitted to the Governor and the Texas Legislature, January 2013.
Published: 2013
PDF: http://www.hhsc.state.tx.us/reports/2013/SB368-Family-Based-Alternatives-Report
.pdf

Abstract: With the passage of S.B. 368, 77th Legislature, Regular Session, 2001, the Texas Health and Human Services Commission (HHSC) was charged with monitoring child (defined ...


Title: Guidelines for Foster Parents and Relative Caregivers for Health Care and Behavioral/Mental Health Services.
Published: 2012
PDF: http://www.michigan.gov/documents/dhs/12-159_Guidelines_for_Foster_Parents__Rel
ative_Caregivers_DHS_PUB_268_401076_7.pdf

Abstract: In a continuing effort meet the health needs of children in care, DHS has partnered with Michigan Department of Community Health to ensure that department ...



To view all 14 publications and their detail click here: http://www.childwelfare.gov/cwlibrarian/index_act.cfm?topicId=11&pubMonth=05&pubYear=2013
You can make changes to your subscription here: http://www.childwelfare.gov/admin/subscribe/subscribe_login.cfm
Received this email message from a colleague and want to subscribe? Click here
All of these publications are in the Child Welfare Information Gateway Library along with publications on similar child welfare topics. The Library can be searched here: http://library.childwelfare.gov/cwig/ws/library/docs/gateway/SimpleSearchForm
Sincerely,

Staff of Child Welfare Information Gateway (http://www.childwelfare.gov/)
A Service of the Children's Bureau, US DHHS
Child Welfare Information Gateway

Thursday, May 30, 2013

Wednesday, May 29, 2013

Free Legal Flyers Download


Free Flyer Downloads

Here is some useful self help legal flyers. Each .zip file contains 3 different document formats for your convenience.
Download WinRAR or 7zip if you need a program to extract your download.
FLYER NAME Link
*NEW* 18 U.S.C. 5033 INVOKE CHILDS RIGHTS Flyers Download
*NEW* CPS FORGERY & PERJURY Flyers Download
*NEW* CPS LEADING ORGANIZED CRIME Flyers Download
*NEW* CPS ROBOSIGNING KIDNAPPING Flyers Download
*NEW* INFORMATIONAL PICKETING Flyers Download
*NEW* JUDGES LEADING ORGANIZED CRIME Flyers Download
*NEW* NEW DEPENDENCY HEARING Flyers Download
*NEW* NON VERIFIED COMPLAINT Flyers Download
*NEW* NOT UNDER OATH Flyers Download
Arrest Me or Free Me Flyers Download
Attorney's Retainer Flyers Download
Ultimate User - Right to Possesion Flyers (Multiple States) Download
Carolina Seat Belt Flyers Download
Courts Martial Objection Flyers Download
No Unmarked Cop Car Flyers Download
Department of Liscencing No Social Security Card Required Download
Expired ID is Valid ID Flyers Download
General Offer to Pay Lawful Money for North/South Carolina Download
Hiring An Attorney - Find out what your Money Gets You Download
Homeland Security Flyers Download
Improper Service of Process Flyers Download
Informational Picketing Flyers Download
Judiciary Act Flyers Download
Miranda Rights Flyers Download
No Intent to Distribute Flyers Download
No Identification Flyers Download
No Insurance Required Flyers Download
No Jurisdiction on Reservations Flyer Download
No License Required Flyers Download
No Nazi Checkpoints Flyers Download
No Search and No Trespass Flyers Download
No Search of Passengers Flyers Download
No Waiver of Rights Flyers Download
Perjury Flyers Download
Right to Practice Law Flyers Download
No Random Liscence Plate Checks Notice Flyer Download
Recreational Vehicle Flyers Download
Religion Objection to Vaccinations Flyer Download
Right to Counsel Flyers Download
Right to Representation Flyers Download
Right to Self Defense Download
Right to Travel Defense Flyers Download
Seat Belt Flyers Download
Speeding Flyers Download
Stop Arrest Flyers Download
Tender of Payment Flyers Download
Title 18 Warning Flyers Download
Toll Roads Are Illegal Flyers Download