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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
 
 




 
 
 
 

 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.
 
 
       Criminal Procedures
 

 
 
 Banking Law Treatises and Lots More
 

            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


 
http://www.leagle.com
 
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
Contents

Scanned and proofread by Stuart E. Thiel, Chicago, January 2000

THE COMMON LAW - Footnotes - this file should be opened in a second browser window so that the notes and text can be read at the same time.
Project Gutenberg Header
 

        

Must Know Information

     by KEN KAPPEL on MARCH 19, 2012
         The smart folks over at msfraud.org created a great list, of mortgage fraud
violations, denoting   Bankster    criminal activity, which is particularly important for
underwater homeowners and those already foreclosed on. Just because you lost your
home 

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...
 




Strong List Detailing Mortgage and Foreclosure Fraud −Must Know Informationwww.useforeclosurelaw.com
Scienter; knows; should have known, has reason to have known, misrepresentation, malpractice, larceny, theft, title washing

http://www.scribd.com/doc/183450654/2009-05-05-Defending-Your-Company-Against-Individual-Cases-Lawsuits-Arising-Out-of-Foreclosure-pdf
This is unbelievable!!! I just found the strategy and strategies the bank and government will continue to use to defend their illegal fraud and corruption regarding the forced foreclosure of My HUD/FHA/CHFA 'insured' home of 18 years!!! AWESOME!!! THANKS< GOD!!!!!
Scienter; knows; should have known, has reason to have known, misrepresentation, malpractice, larceny, theft, title washing

http://www.scribd.com/doc/183450654/2009-05-05-Defending-Your-Company-Against-Individual-Cases-Lawsuits-Arising-Out-of-Foreclosure-pdf
This is unbelievable!!! I just found the strategy and strategies the bank and government will continue to use to defend their illegal fraud and corruption regarding the forced foreclosure of My HUD/FHA/CHFA 'insured' home of 18 years!!! AWESOME!!! THANKS< GOD!!!!!






 
  C J U - Standing Up For Liberty, Equal Rights & Justice  
 

One Client At A Time
Questions .... Contact Us
We are here for "you" ... professional or layman ... we can assist with "your most important needs"
 
JUST FOR THE RECORD
Not everything belongs to the Law Publishers, says the "Free Access to Law Movement", which has resulted in an informal association of organizations supported by governments and local Law Societies, which use the common acronym L.I.I. (Legal Information Institute) to designate official collections of online legal resources, of which these are some...
      USA Federal     USA States       Brits&Irish     Australia    Common Law     WorldWideLaw
 





 

Investigative Research Group LLP  2250 N. University Ave Suite 48 Box 4863  Provo , Utah 84604
we're here to help you
 
 
 

the Federal Judicial Center's Benchbook for U.S. District Court Judges has ... Holderman (N.D. Ill.) (the FJC Board Liaison to the Benchbook Committee),. Judge ... 

  1. This site is a must if you are going to be up on current rulings on the relatively new mortgage fraud case law and precedents being set daily. It is free.

  3. Dismissals in Government cases -- bad judges or bad litigant?

  4. caught.net/prose/badjudge2.htmShare

    You are at the Caught.net Legal Reform Website and the Pro Se Way Website ... on the judge(s) who either denied our pleading(s) or dismissed our matter before the court..... Haines v Kerner is a US Supreme Court case, which has not been ...

  5. Pro se litigants and the Supreme Court.

    www.patentofficelawsuit.info/fedcort5.htm

    Haines v. Keaner, et al. 404 U.S. 519,92 s. Ct. 594,30 L. Ed. 2d 652. ... We frequently have stated that pro se pleadings are to be given a liberal construction. ... Kerner, 404 U.S. 519 (1972), a pro se complaint, "however inartfully pleaded," must ...



    Pro Se Case Law www.leitgebindustries.com/prose_caselaw.htmMany pro se litigants will use this in their pleadings; "Pleadings in this case are ...lawyers. See Haines v. Kerner 92 Sct 594, also See Power 914 F2d 1459 (11th ...

  6. Pro Se litigants are entitled to liberality in construing their pleading ...

    www.lawyerdude.s5.com/6408.html

    "Pro Se Litigants pleadings are to be construed liberally and held to less stringent standards than lawyers" Haines v Kerner, Warden of Illinois State Penitentiary ...

  7. CASES on Pro Se Litigants

    irwinschiff.homestead.com/CASESonProSe.html

     

     

    I am re-posting these rulings do your due diligence people look them up and read them• Picking V. Pennsylvania R. Co.151 Fed. 2nd. Pucket V. Cox 456 2nd 233. Pro Se pleadings are to be considered regards to technicality; pro se litigant’s pleadings are not to be held to the same high standards of perfection as lawyer.
    1) Platsky V. C.I.A. 953 F. 2d. 25 additionally. Pro se litigants are to be given reasonable opportunity to remedy the defects in their pleadings. Reynolds V. Shillinger 907 F. 124,126 (10th cir. 1990) See also Jaxon V. Circle K Corp. 773.F.2d.1138,1140 ( 10th cir. 1985) (1)
    2) Haines V. Kramer (92. S. C.T. 594) The respondent is this action is a nonlawyer and is moving forward in Propia Persona
    3) NAACP V. Button (371 U.S. 415) United Mineworker of America V. Gibbs (383 U.S. 715) and Johnson V Avery 89 S. Ct. 747 (1969) Members of groups who are competent nonlawyer can assist other members of the group achieve the goal of the group in court without being charged with” Unauthorized practice of law.
    4) Brotherhood of Trainmen V. Virginia Ex. Rel. Virginia State Bar (377 U.S. 1) Gideon V. Wainwright 372 U.S. 335 Argersinger V. Hamlin, Sheriff 407 U.S. 425. Litigants may be as assisted by unlicensed layman during judicial proceedings.
    5) Howlett V. Rose, 496 U.S. 356 (1990) Federal Law and Supreme Court cases apply to State court cases. (Cooper v. Aaron, 358 U.S. 1) (1958)--States are bound by United States Supreme Court Case decisions.
    6) Federal Rights Civil Proc. Rule 17, 28 U.S.C. A “Next Friend “a next friend is a person who represents someone who is unable to tend to his or her own interest.
    7) Oklahoma Court Rule and Procedures Title 12, Sec. 2d. 7 © if an infant or incompetent person does not have a duly appointed representative he may sue by his next friend or by a guardian adlitem”
    8) Mandonado -Denis V. Castillo Rodriguez 23 F. 3d. 576 (1st Cir. 1994) Inadequate training of subordinates may be basis for 1983 claim.
    9) Warnock V. Pecos County. Tex. 88 3d. 341(5th Cir. 1996) Eleventh Amendment does not protect State officials from claims for prospective relief when it is alleged that state officials acted in violation of federal law.
    10) Title 42 U. S. C. Sec. 1983 Wood V. Breier 54 F.R.D. 7, 10 -11 (E.D. Wis. 1972 Frankenhouser V. Rizzo, 59 F.R.D. 339 (E.D. PA. 1973) “Each citizen acts as a private attorney general who “takes on the mantel of Sovereign.”
    11) Oklahoma is a ‘Right to work’ State Bill S.J.R. 11 its ok to practice Gods Law without a license Luke 11:52 Gods Law was here first! “There is a higher loyalty then loyalty to this country loyalty to God” US V. Seeger, 380 U.S. 163, 173, 85 S. Ct. 850 13 L Ed. 2. 733 (1965)
    12) “The practice of law cannot be license by any state/state. Schware V. Board of Examiners. United States Reports 353 U.S. pgs. 238, 239, in Sims V. Aherns, 271 S.W. 720 (1925) “The practice of law is an occupation of common rights.” A bar card is not a license. It’s a dues card and/or membership card. A bar association is “that what it is, a club association in not a license, it has a certificate through the State, the two are not the same
    13) CHISHOLM V GEORGIA 2 DALL 419
    (ONLY COMMON LAW MAY BE APPLIED TO THE PEOPLE per the constitution).
    Proof #1: There is a separation of powers. Judicial courts cannot enforce statutes. Only legislative courts enforce statutes. "Courts enforcing statutes do not act judicially" Thompson v. Smith, 154 SE 579; FRC v. GE, 281 US 464; Keller v. PE, 261 US 428.
    U.S. Supreme Court (Miller v. United States, 78 U.S. 11 Wall. 268 268) (1870). Where one inalienable rights are concerned there can be no rule making and exercising ones inalienable rights cannot be turned into a crime.)
    Supreme courts ruled "Without Corpus delicti there can be no crime"“In every prosecution for crime it is necessary to establish the “corpus delecti”, i.e., the body or elements of the crime.” People v. Lopez, 62 Ca.Rptr. 47, 254 C.A.2d 185.
    "In every criminal trial, the prosecution must prove the corpus delecti, or the body of the crime itself-i.e., the fact of injury, loss or harm, and the existence of a criminal agency as its cause. " People v. Sapp, 73 P.3d 433, 467 (Cal. 2003) [quoting People v. Alvarez, (2002) 27 Cal.4th 1161, 1168-1169, 119 Cal.Rptr.2d 903, 46 P.3d 372.]
    TURNER v. ROGERS et al. certiorari to the supreme court of south Carolina No. 10-10.Argued March 23, 2011--Decided June 20, 2011
    When the action being brought is capable of repetition the defendant’s paperwork cannot be moot.
    PEOPLE. People are supreme, not the state. I.Waring vs.the Mayor of Savanah,60 Georgiaat 93]; The state cannot diminish rights of the people. [Hertado v. California, 100 US 516];
    Article VII. In suits at common law, where the value is controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise re-examined in any Court of the United States, than according to the rules of the common Jaw.
    Preamble to the US and NY Constitutions - We the people ... do ordain and establish this Constitution...;...at the Revolution, the sovereignty devolved on the people; and they are truly the sovereigns of the country, but they are sovereigns without subjects...with none to govern but themselves... [CHISHOLM v. GEORGIA (US) 2 Dall 419, 454, 1 L Ed 440, 455, 2 DALL (1793) pp471-472]: The
    People of this State, as the successors of its former sovereign, are entitled to all the rights which formerly belonged to the King by his prerogative.[Lansing v. Smith, 4 Wend.9 (N.Y.) (1829), 21Am. Dec. 89 10C Const. Law Sec. 298; 18 C Em.Dom. Sec. 3, 228; 37 C Nev.Wat. Sec. 219;Nuls Sec. 167; 48 C Wharves Sec.3, 7].




    www.fathersunite.org/New/pro_se_standard_of_review.htm

    Kerner, 404 U.S. 519, 520-21, 92 S. Ct. 594, 596, 30 L. Ed. 2d 652 (1972), and take them ... Gibson, 355 U.S. 41, 45-46, 78 S.Ct. 99, 2 L.Ed.2d 80 (1957)); Haines v. ...1992)(holding pro se petition cannot be held to same standard as pleadings ...
  9. [PDF] 

    Judicial Notice sample - Freedom School

    www.freedom-school.com/699540/judicial-notice-1.pdf

    File Format: PDF/Adobe Acrobat

    Haines v Kerner, 404 U.S. 519-520 (1972); further at, supra, 520; allegations of pro secomplaints are held to “less stringent standards than formal pleading ...

  10. Ain't It Beautiful: Pro Se Laws

    sharonstephens.blogspot.com/2011/01/pro-se-laws.html

    Jan 6, 2011 – Acting Pro Se can be beneficial, especially if you are in a position where... Kerner, 404 U.S. 519 (1972), a pro se complaint, "however inartfully pleaded," ...standards than formal pleadings drafted by lawyers, see Haines v.
  11. [PDF] 

    An Extension of the Right of Access: The Pro Se Litigant's Right to ...

    ir.lawnet.fordham.edu/cgi/viewcontent.cgi?article=2754...

    File Format: PDF/Adobe Acrobat

    by JM McLaughlin - 1987 - Cited by 31 - Related articles

    Haines v. Kerner, 404 U.S. 519, 520-21 (1972) (per curiam) (pro se pleadings held to less stringent standards than those applied to attorneys). 70. This appears ...
  12. [PDF] 

    Summary Judgment and the Procedural Challenges Faced by Pro ...

    www.socialaw.com/slbook/.../Advanced-Trial-Practice-Paper.p...

    File Format: PDF/Adobe Acrobat - Quick View

    The only right to procedural change the Supreme Court has recognized for pro selitigants is a reduced pleading standard. In Haines v. Kerner the district court ...

Ad related to Haynes vs Kerner Pro Se Pleadings

  1. Court Pleadings

    www.ask.com/Court+Pleadings

    Search for Court Pleadings. Look Up Quick Results now!

 
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