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Promoting The Bill of Rights One Client At A Time
Lord Chief Justice of England, Baron Lane, wrote at the end of the 20th Century
Loss of freedom seldom happens overnight ...
Oppression doesn't stand on the doorstep with a toothbrush, moustache and swastika armband-it creeps up insidiously "Step by step, and all of a sudden the unfortunate citizen realizes that it is gone"
Civil Rights & Civil Liberty A Primer
Political and social concepts referring to guarantees of freedom, justice, and equality that a state may make to its citizens. Although the terms have no precise meaning in law and are sometimes used interchangeably, distinctions may be made. "Civil rights" is used to imply that the state has a positive role in ensuring all citizens equal protection under law and equal opportunity to exercise the privileges of citizenship and otherwise to participate fully in national life, regardless of race, religion, sex, or other characteristics unrelated to the worth of the individual. "Civil Liberties" is used to refer to guarantees of freedom of speech, press, or religion; to due process of law; and to other limitations on the power of the state to restrain or dictate the actions of individuals. The two concepts of equality and liberty are overlapping and interacting; equality implies the ordering of liberty within society so that the freedom of one person does not infringe on the rights of others, just as liberty implies the right to act in ways permitted to others.
Succinctly A History
The concept that human beings have inalienable rights and liberties that cannot justly be violated by others or by the state is linked to the history of democracy. It was first expressed by the philosophers of ancient Greece. Socrates, for example, chose to die rather than renounce the right to speak his mind in the search for wisdom. Somewhat later the Stoic philosophers formulated explicitly the doctrine of the rights of the individual. Traces of libertarian doctrine appear in the Bible and in the writings of the Roman statesman Marcus Cicero and the Greek essayist Plutarch. Such ideas, however, did not gain a permanent place in the political structure of the Roman Empire and all but disappeared during medieval times.
Early Development
Individual freedom can survive only under a system of law by which both the sovereign and the governed are bound. Such a system of fundamental laws, whether written or embodied in tradition, is known as a constitution. The idea of government limited by law received effective expression for the first time in the Magna Carta (Year 1215), which checked the power of the English king. The Magna Carta did not stem from democratic or egalitarian beliefs; rather, it was a treaty between king and nobility that defined their relationship and laid the basis for the concept that the ruler was subject to the law rather than above it. The development of constitutional government was slowed by the persistence of the ideas of absolutism, the belief that all political power should be in the hands of one individual, and divine right, which held that kings derived their power from and were accountable only to God. These beliefs were widely held throughout Europe until the 18th century. The notion that the people have the right to be asked to consent to acts of government did not arrive without a protracted struggle. The reigns of the Tudor and Stuart monarchs in England were marked by fierce conflicts between the Crown and Parliament.
On the European continent the struggle between authoritarian and libertarian principles developed around religious rather than secular issues. During the Reformation, freedom of religious belief and practice was a primary concern. Tolerance was rare; as late as year 1612, for instance, members of the Unitarian sect were burned as heretics in England. Not until the end of the 18th century did the ideals of religious toleration become firmly established in Western civilization.
Civil Rights - Human Rights
Civil Liberties In The United States
What We Strive For
The civil rights and liberties of United States citizens are largely embodied in the Bill of Rights ("the first ten amendments to the Constitution") and in similar provisions in state constitutions. The First Amendment guarantees freedom of speech, press, assembly, and religious exercise as well as separation of church and state, freedom of the press, freedom of religion. The Fourth Amendment protects the privacy and security of the home and personal effects and prohibits unreasonable searches and seizures. The Fifth through Eighth Amendments protect persons accused of crime; they guarantee, for example, the right to trial by jury, the right to confront hostile witnesses and to have legal counsel, and the privilege of not testifying against oneself. The Fifth Amendment also contains the general guarantee that no one shall be deprived of life, liberty, or property without due process of law. Originally these amendments were binding only on the federal government. However, decisions by the Supreme Court of the United States have established that the Due Process Clause of the 14th Amendment (ratified in 1868) applies many of the guarantees in the Bill of Rights to actions by state and local governments.
Some Notes on Free Access to Courts ( Work in Progress )
COURTS ARE FREE
Take Mandatory Judicial Notice and Cognizance ( Federal Rules of Evidence 201 (d) that “plaintiff” ie Libellant has a lawful right to proceed without cost, based upon the following law:
The US Supreme Court has ruled that a natural individual entitled to relief is “entitled to free access to its judicial tribunals and public offices in every State of the Union ( 2 Black 620, see also Crandell v Nevada, 6 Wall 35]. Plaintiff (libellant) should not be charged fees... or costs for the lawful and Constitutional Right to petition this court in this matter in which he/she is entitled to relief, as it appears that the filing fee rule was originally implemented for fictions and subjects of the State and should not be applied to the Plaintiff who is a natural individual and entitled to relief ( Hale v Hinkel, 201 US 43, NAACP v Button, 371 US 415 ); United Mineworkers v Gibbs, 383 US 715; and Johnson v Avery, 89 S.Ct. 747 (1969). Members of groups who are competent non- lawyers, can assist other members of the group, achieve the goals of the group in court without being charged with “unauthorized practice of law.”
Petitioner (libellant) cannot be charged a fee as no charge can be placed upon a citizen as a condition precedent to exercise his/her Constitutional Rights, his/her rights secured by the Constitution. A fee is a charge “fixed by law for services fixed by public officers or for use of a privilege under control of government.” Fort Smith Gas Co. v Wisemen” 189 Ark.675 74 SW.2d 789,790, from Black’s Law Dictionary 5th Ed
Some History and Perspective on The Common Laws ...... http://avalon.law.yale.edu/18th_century/resolves.asp
Whereas, since the close of the last war, the British parliament, claiming a power, of right, to bind the people of America by statutes in all cases whatsoever, hath, in some acts, expressly imposed taxes on them, and in others, under various presences, but in fact for the purpose of raising a reven…
avalon.law.yale.edu
More Legal Resources For All Your Needs
THE PRO SE LITIGANT'S STRUGGLE
FOR ACCESS TO JUSTICE Meeting the Challenge of Bench and Bar Resistancehttp://www.proselex.net/…/ProSeLitigant%20Struggle%20Access…www.proselex.net... The pro se litigant's struggle for access to justice
J Goldschmidt - Family Court Review, 2002 - Wiley Online Library
2. Abstract Just as the growth of pro se litigation is a challenge for the courts, so, too, is the
bench and bar's resistance to pro se assistance programs and policies a challenge to court reformers seeking to improve access to justice. Even where progressive courts have been ... Disconnect between the Requirements of Judicial Neutrality and Those of the Appearance of Neutrality When Parties Appear Pro Se: Causes, Solutions, …
R Zorza - Geo. J. Legal Ethics, 2003 - HeinOnline
This Article analyzes and suggests an approach as to how judges can deal appropriately
and neutrally with the hugely increased numbers of those who appear in court without counsel in civil cases.'Notwithstanding the numerical evidence of the importance of this ... And Justice for All-Including the Unrepresented Poor: Revisiting the Roles of the Judges, Mediators and Clerks
R Engler - Fordham Law Review, 1999 - papers.ssrn.com
Abstract: In this article, the author argues that the proper roles not only should permit, but
should require, those actors to provide extensive assistance to unrepresented litigants,
particularly the unrepresented poor. The article first examines the traditional limits on the ...
No Legal Advice from Court Personnel-What Does That Mean
JM Greacen - Judges J., 1995 - HeinOnline
When you enter the clerk's office in any state or federal courthouse, in any part of the United
States, you are likely to encounter a sign saying" Clerk's office staff are prohibited fromn giving legal advice," or equivalent language. Most deputy clerks are taught from their first ... Ethics in Transition: Unrepresented Litigants and the Changing Judicial Role
R Engler - Notre Dame JL Ethics & Pub. Pol'y, 2008 - HeinOnline
The flood of unrepresented litigants in civil cases over the past decade has caused a
fundamental reexamination of the operation of many of our courts.'The phenomenon has
inspired conferences,'publications, 3 and websites4 replete with informa-
Redressing Inequality in the Market for Justice: Why Access to Lawyers Will Never Solve the Problem and Why Rethinking the Role of Judges Will Help
RG Pearce - Fordham L. Rev., 2004 - HeinOnline
The organized bar is in denial. It refuses to acknowledge that our legal system promises
equal justice under law, but allows justice to be bought and sold. 3 Instead, the bar limits its
attention to a small corner of this problem-the glaring fact that most low-income people ...
Assuring Access to Justice: The Role of the Judge in Assisting Pro Se Litigants in Litigating Their Cases in New York City's Housing Court
PR Baldacci - Cardozo Pub. L. Pol'y & Ethics J., 2004 - HeinOnline
This paper'focuses on the problems faced by pro se litigants in actually litigating, rather than
settling their cases in New York City's Housing Court (" Housing Court"), 2 and the role of the court-particularly the role of judges-in assisting them in meeting these problems. It does ... Toward a Context-Based Civil Right to Counsel through Access to Justice Initiatives
R Engler - Clearinghouse Rev., 2006 - HeinOnline
Toward a Context-Based Civil Right to Counsel Through" Access to Justice" Initiatives tives
to respond to those needs." 10 An expanded civil right to counsel is one component of a
coordinated range of initiatives designed to achieve access to justice. Key stakeholders in ...
Legal information vs. legal advice: Developments during the last five years
JM Greacen - Judicature, 2000 - HeinOnline
In 1995 my article" No Legal Advice From Court Personnel What Does That Mean?" 1 was
the first published attempt to examine critically the standard court instruction to staff not to
give legal advice. It explored legal and practical definitions of the term" legal advice" and ...
[BOOK][B] Meeting the Challenge of Pro Se Litigation: A Report and Guidebook for Judges and Court Managers
J Goldschmidt, B Mahoney, H Solomon, J Green - 1998 - ncjrs.gov
Abstract: In addition to presenting the latest available data on the extent of pro se litigation,
case law, and other literature on the subject, this guidebook includes the results of two nonscientific surveys of judges and court managers regarding existing programs and ...
Another Great Resource ...... https://books.google.com/books…
The Winning Edge is written for all lawyers engaged in litigation. Its fundamental aim is to show that litigators, all litigators, give better service to their clients, get better results for them, by using properly managed litigation support
http://federalpracticemanual.org/node/1
http://federalpracticemanual.org/node/2 http://federalpracticemanual.org/node/3 http://federalpracticemanual.org/node/4 http://federalpracticemanual.org/node/5 This Legal Practice Manual Goes Up to NODE 59 Laws: Cases & Codes US Constitution, US Laws, State Laws US Courts Supreme Court, Fed Courts, State Courts Law Schools Law Reviews, Outlines, Law Prof Blogs Lawyers, Legal Aid & Services Injury Lawyers, Criminal Lawyers Law Blogs Business Law, Family Law, IP Law
Blacks Law Dictionary http://thelawdictionary.org/
Google Books Has Some Great Books on Legal Practice and Procedures
Here's a ebook I found on google books. I totally forgot about it
Legal information Cornell Law School.
Strong List Detailing Mortgage and Foreclosure Fraud
When a party files a suit claiming a breach of contract, the first question the judge must answer is whether a contract existed between the parties. The complaining party must prove four elements to show that a contract existed:
jec.unm.edu
The History Lesson is FREE ........
The legal definition of Call To The Bar is The official moment that an individual is sworn or entered into a...
duhaime.org
See...... http://www.duhaime.org/.../AncientCommonLawDictionary.aspx and ALSO See ...... http://www.duhaime.org/.../CivilLitigationLawDictionary.aspx ........ ( British Accredited Registery is 100% BULLooney )
The Duhaime's Ancient Common Law Dictionary...
duhaime.org
SOME ESSENTIAL BACKGROUND ON LAW An Historical Lesson ALL Should Read
THE COMMON LAW OLIVER WENDELL HOLMES, JR
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Constitutions | United States U.S. Constitution | Other States State Constitutions | International Constitutions | |
Legislative Branch | ||||
Bills & Laws | Bill-Tracking Guide U.S. Laws | State Laws & Legislatures | ||
Executive Branch | ||||
Rules & Regulations | U.S. Rules & Regulations | State Rules & Regulations | ||
President/Governor | U.S. Presidential Publications | Governors (National Governors Association) | ||
Agency Decisions & Guidance Documents | Administrative Decisions & Other Actions (University of Virginia Library) LexisNexis Academic [UW Restricted] (federal agency decisions combined file) | |||
Judicial Branch | ||||
Court Opinions & Rules | U.S. Court Opinions | State Court Websites (National Center for State Courts) | World Legal Information Institute | |
Related Sources | ||||
City & County Ordinances & Codes | [not applicable] | Code Library (Municipal Code Corporation) | ||
Public Records | U.S. Public Record Databases | State Agency Databases (American Libraries Association) | ||
Legal & Government Directories | U.S. Government Directories | |||
Other | Mulit-State, Multi-Sources | Starting Places |
Our Legal Collection in addition to the Digital Resources
Truly is a National Treasure