...D. A., BREAKS JUDGES and OWN GAG ORDER [pic] D A Hollister [pic] Judge Ira R kaufman Gerald nichols was arrested back in april of this year and the judge Ira R Kaufman and d. a., David D Hollister of plumas county are allowed to take away his constitutional rights. his right to defend himself, because he (the judge) didn’t like gerald’s answers. at least 10 times on monday 22 of july 2013 i heard gerald ask the judge to keep his ‘pro per’ status and requested adequate counsel and the judge refused. Monday 22 july, gerald asked the judge about the gag order that the judge had implemented in his case on 16 july and two days later 24 july the d. a., released this story “man facing drug charges tests court’s patience before trial” and it is full of lies and discrepancies. i had went to the newspaper this last april and asked for this case to be investigated, but they refused, again i went on 23 of july 2013 and asked for the newspaper to investigate the judge, d.a., and the sheriff’s office in the crimes that they were committing, and to speak with gerald they refuse, but the story that d. a., Hollister had released about gerald was already in the newspaper. i have called all over the state of california for help for my son. i called the governors office, attorney general, doj, fbi, u.s. marshalls, highway patrol, and other law enforcement outside of this county of plumas california, and was told its not in their jurisdiction. i have also learned that...
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...VIRGINIA PROCEDURE OUTLINE CHAPTER I: EXTRA-JUDICIAL PROCEDURES Note: These Procedures take place without the participation of a judge or the court 1) Self Help a) Predates existence of the organized state b) Now greatly discouraged because police power of state more effective i) Discouraged, superseded in practice, and restricted by law now. c) Situations when available: i) Available in debtor-creditor situations where debts are voluntarily paid when they are due (most pay when get into financial position to pay) ii) When possession of goods bailed are returned to the Owner when the period of the bailment ends. iii) When debtor intentionally refuses to pay or neglects to pay creditor may resort to self-help to get paid. 1) May be independent or in conjunction with litigation. d) Usually attempt to get debtor to pay voluntarily before seeking assistance of the court. e) Repossession i) Allowed at common law where it can be accomplished without breach of peace. ii) Person disseised and dispossessed of land an reenter w/o a court order unless would involve breach of peace iii) Repossession of chattels is allowed where they have been: 1) Loaned, hired, bailed, lost and found, or stolen and wrongfully detained from the O provided it is done w/o ab reach of the peace. 2) Person may recover own chattels from land of the wrongdoer, but to do so from the land of a 3P would be trespass 3) Hunters...
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...Lay People Magistrates & Juries o You need to know: o Qualification; Appointment and Selection and Training; / Role (what they do) o Need to be able to comment upon: o Whether we have cross-representation of society as magistrates and juries o To what extent juries are randomly selected / how to improve selection o Advantages and disadvantages of using lay people in decision-making process. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ∑ “lay” meaning not legally qualified. ∑ Tradition of using non-legally qualified people in the decision-making process in our courts. This is cornerstone of our English legal system: o Fundamental right to trial "by one's peers" o Therefore, we need a cross-representation of society to be magistrates and juries. o [then justice is not only done, but seen to be done.] Selection (picked): Randomly selected from electoral register Selection(picked): Selected for their qualities Requirements: a) Formal requirements: Age: 18 — 65 years (retire at 70 years old) Residence: Within 15 miles of commission area of the court. Minimum Time per year: 26 half days b) Character requirements: [1988 Lord Chancellor guidelines] 6 key qualities good: character / understanding & communication / social awareness / maturity & sound temperament / sound judgement / commitment & reliability. INELIGIBLE: ∑ Those with serious criminal record ...
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...Reversals Jackson County Judges Debra R. Hunter CSU Global Campus Math 410-Quantitative Business Analysis Jose Romero Instructor 03/08/2015 Probability of Appeals and Reversals Jackson County Judges The Problem Using a problem given to us in our study of Quantitative Business Analysis an excel spreadsheet has been created in order to answer the given questions. Following is the given problem. 1. The probability of cases being appealed in each of the three different courts. 2. The probability of cases being reversed in each of the three different courts. 3. The probability of cases being reversed given an appeal in each of the three different courts. 4. The probability of a case being appealed for each judge. 5. The probability of a case being reversed for each judge. 6. The probability of reversal, given an appeal for each judge. After these six questions have been answered then a ranking of the judges can be accomplished. The numbers being used in each of the calculations is coming from the excel worksheet that is attached. The last question of the given problem follows. Rank the judges within each court for each of the probabilities in 4 - 6. Then, find the sum of the ranks and get an overall ranking for each judge. Evaluate and discuss the meaning of your results. Results The following results are based on the calculations found on the attached Excel spreadsheet. The probability of cases being appealed in each of...
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...Legal Methods Outline How a Dispute Becomes a Case (16-29) I. Cases A. Procedural Posture: The movement of the case and the legal issues they hinge on. II. Reversing v. Overruling A. A court reverses the decision of a lower court in the same controversy. 1. Lower court is bound by precedent of higher courts – no exception. B. A court overrules itself - it disavows in a later, different case what it itself had ruled in a prior, different, but factually similar case. 1. Higher courts can overrule themselves – not bound by precedent. III. Res Judicata v. Stare Decisis A. Res Judicata – X may not ever again sue Y over this particular issue. 1. Res judicata - important in federal system of both state and federal courts because stops state court losing and then going to federal courts for the same issue. B. Stare Decisis – Requires following “the law,”/rule laid down by another case. 1. Appellate courts create stare decisis through opinions. 2. Law of the case – requires same defendant in every case. If the plaintiff wins, then those who come after can use it as well. A Case Timeline I. First Step - Is there a case? A. Is there a reasonable claim or cause of action? Is there a legal right for a remedy? – is this a question of “law”? – If no cause of action, then can’t be a case, but can be settled or just be dropped B. Can the individual prove by a preponderance...
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...To: Employment Law Students From: Dan Ginsberg Subject: Reading Cases Date: April 14, 2015 Background: The authors of the textbook (Bennett-Alexander and Hartman) include legal cases to provide some real life situations to help in understanding the legal principles explained in the text. Here are some things to keep in mind when you read and study these cases: 1. Laws are created by the legislature (also known as statutory laws). The cases you will be reading are summaries of judicial opinions made by appeals courts either by a state judge or by a Federal judge. Once a decision is rendered by a judge, it becomes a part of the “common law”, and can be followed, modified, or rejected by another judge, who thus creates an update to the common law. 2. The cases you read are snapshots in time, based on the facts of each case. While general principles can and should be understood, it is not always clear what the value of the case is to the understanding of the law. Sometimes, the conclusions reached by the judge, don’t make a lot of sense…. But, don’t get hung up over that, since you need many case studies to understand what the real law is. And, even if you understand the law, a new and more important decision can be rendered, which throws out the old common law, and replaces it with new common law. Or, in some cases, the legislature will pass a new law that renders the latest court decision meaningless, and the checks and balances of government are demonstrated...
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...ideas about the modern bureaucracy? a. Thomas Hobbes b. John Locke c. Max Weber d. Alexander Hamilton e. Benjamin Franklin 2. Bureaucracy is characterized by all of the following EXCEPT: a. Merit-based advancement b. Hierarchy c. Worker specialization d. Explicit rules e. Flexible goals 3. The value of explicit rules in bureaucratic institutions is that they: a. Facilitate individually tailored treatment of citizens b. Allow for flexibility c. Encourage creativity d. Create standardization and predictability e. Reduce uniformity of behavior 4. A clear chain of command with all employees knowing who their supervisors are as well as whom they are responsible for is an example of a(n): a. Issue network b. Merit system c. Hierarchy d. Spoils system e. Iron triangle 5. Bureaucracy is useful for all of the following EXCEPT tasks that: a. Require a great deal of coordination b. Require a great deal of planning c. Require a great deal of expertise d. Can be handled on an ad hoc basis e. Require a great deal of routine work 6. The practice in which successful party candidates reward political supporters with jobs or favors is known as: a. Patronage b. Pandering c. Pay-for-play d. Lobbying e. Nepotism 7. The civil service replaced the _________ as a method of choosing government workers. a. Merit system b. Hereditary inheritance 2 c. Optional service d. Spoils system e. Presidential appointment system 8. The goal of the Pendleton Act...
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...PRELIMINARY CONFERENCE A. Pleadings, motions and modes of discovery 1. Ensure that you have filed all the necessary pleadings in support of your cause of action. 2. Avail of the various modes of discovery under Rules 27 to 31 of the Revised Rules of Civil Procedure [Section 22.3]. 3. When discovery procedures are availed of, submit material portions of the discovery proceedings, previously undisclosed documents or facts, and judicial affidavits pertaining to the fruits of the discovery within sixty (60) days from the start of the discovery process [Section 22.3]. B. Judicial Dispute Resolution (“JDR”) 4. Exert efforts to settle the dispute amicably [Section 22.1(a)]. 5. If there is failure of JDR, discuss with the other party or counsel whether you intend the JDR judge to retain the case and preside over further proceedings [Section 22.2]. 6. File a joint written motion or manifestation requesting the court to retain the case, if mutually agreed upon by the parties [Section 22.2]. C. Judicial Affidavits 7. Request for the issuance of a subpoena ad testificandum or duces tecum if your intended witness, who is neither the witness of the adverse party nor a hostile witness, unjustifiably declines to execute a judicial affidavit or provide the relevant documentary and/or object evidence [Section 22.2(d)]. 8. If the court issues a subpoena as requested, personally serve the subpoena upon...
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...need to learn and identify with it. Our legal system is an adversarial system, that is it reflects the theory that truth and justice can be found when the legal teams battle in court to determine the facts of the case and find solutions, Meyer, J and Grant, D, (2003). A concept of the adversarial system is the accused is presumed innocent until proven guilty. In an adversarial courtroom the state (prosecutor) and defense advance their case with the court (judge) who enforces the rules. Even though the state and defense advance their position, they are still fair. The courtroom parties all share a need to handle cases as fast as possible to try to clear the crowded court docket. In 1791 the fifth amendment was enacted and it states: No person shall be deprived of life, liberty, or property. Nobody really knows what due process is and if asked each person will give a different answer. What was our founders really trying to tell about due process? The concept of due process has evolved with time. The courts interprets and apply the principles accordingly. Originally the Bill of Rights was interpreted as protecting the citizens from infringements of their basic rights by the agents of the federal government, Meyer, J and Grant, D, (2003). In...
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...school. c. the legal realists. d. the natural law school. Answers: a. Incorrect. Administrative law is a body of law consisting of the rules, orders and decisions of administrative agencies. It is not a school of jurisprudential thought. b. Incorrect. Environmental law is a body of law consisting of all statutes and regulations protecting the environment. It is not a school of jurisprudential thought. c. Incorrect. Legal realism is a significant school of jurisprudential thought that became popular during the 1920s and 1930s, but it is not the oldest school. d. Correct. The natural law tradition traces its origins to early Greek and Roman philosophical thought about the nature of law and its relationship to the natural world and the human experience. 2. The common law may be described as: a. general legal principles that evolved over time through court decisions. b. a body of rules governing the ownership of the oceans. c. an index of opinions by law professors. d. rules issued by an administrative agency. Answers: a. Correct. The common law, or judge-made law, is a set of general legal principles that evolved over time through court decisions. b. Incorrect. The common law deals with issues other than the ownership of the oceans. c. Incorrect. The common law developed from the decisions of judges, not from the opinions of law professors. d. Incorrect. Rules issued by an administrative...
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...“If the words in an act are clear, then you must follow them even though they lead to a manifest absurdity.” (R v Judge of the City of London Court) Examples: (Whiteley v Chapel) – D charged under a section which made it an offence to impersonate any person entitled to vote. D impersonated someone who was on voting list but was deceased. D was not guilty as the person is dead they are not literally entitled to vote. (London and North Eastern Railways Co v Berriman) – Unable to claim when husband was killed whilst carrying out maintenance work oiling railway track. Statue said a look out should be provided when relaying or repairing the track. Words relaying and rapairing were given the literal meaning and didn’t cover maintenance. The Golden Rule It takes the literal meaning but the court is allowed to avoid interpretation which would lead to an absurd result. There are 2 views on how the golden rule should be used 1) the narrow application and 2) the wider application 1) Narrow application – if a word has more than one meaning, you can choose between them In Jones v DPP if a word had more than one meaning “You can choose between those meanings but beyond this you cannot go”. Examples: (R v Allen) – Example of narrow application Was a bigamist. S.57 OAPA made it illegal. The word marry had more than one meaning. 1) legally married and 2) goes through a ceremony of marriage. The D wanted to take the first definition as you can’t be legally married twice at the same...
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... an equitable remedy, to prevent the state of California from enforcing its statute restricting carbon dioxide emissions. 3A. Source of law This case involves a law passed by the California legislature and a federal statute; thus the primary source of law is statutory law. 4A. Finding the law Federal statutes are found in the United States Code, and California statutes are published in the California Code. You would look in these sources to find the relevant state and federal statutes. Answer to Debate This Question in the Reviewing Feature at the End of the Chapter UNDER THE DOCTRINE OF STARE DECISIS, COURTS ARE OBLIGATED TO FOLLOW THE PRECEDENTS ESTABLISHED IN THEIR JURISDICTIONS UNLESS THERE IS A COMPELLING REASON NOT TO. SHOULD U.S. COURTS CONTINUE TO ADHERE TO THIS COMMON LAW PRINCIPLE, GIVEN THAT OUR GOVERNMENT NOW REGULATES SO MANY AREAS BY STATUTE? BOTH ENGLAND AND THE U.S. LEGAL SYSTEMS WERE CONSTRUCTED ON THE COMMON LAW SYSTEM. THE DOCTRINE OF STARE DECISIS HAS ALWAYS BEEN A MAJOR PART OF THIS SYSTEM—COURTS SHOULD FOLLOW PRECEDENTS WHEN THEY ARE CLEARLY ESTABLISHED, EXCEPTED UNDER COMPELLING REASONS. EVEN THOUGH MORE COMMON LAW IS BEING TURNED INTO STATUTORY LAW, THE DOCTRINE OF STARE DECISIS IS STILL VALID. AFTER ALL, EVEN STATUTES HAVE TO BE INTERPRETED BY COURTS. WHAT BETTER BASIS FOR JUDGES TO RENDER THEIR DECISIONS THAN BY BASING THEM ON PRECEDENTS RELATED TO THE SUBJECT AT HAND? In contrast, some students may argue that the doctrine...
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...Assuming a case is capable of being heard by the U.S. Supreme Court, the first step, most of the time, is to file a lawsuit in your local state or federal court. The trial judge would hear evidence and consider legal arguments from each side before making a decision. If the judge decides all or part of the case against you, you can then appeal the case to a higher court. When you have appealed as far as possible, you can consider appealing to the U.S. Supreme Court. - The beginning process is to file a notice of appeal, rarely does a losing party have an automatic right of appeal. Usually there must be a legal basis for the appeal, an alleged material error in a trial, not just the fact that the losing party did not like the verdict. This filing marks the beginning of a time period in which the appellant must file a brief, a written argument containing their side's view of the facts and the legal arguments upon which they rely in seeking a reversal of the lower trial court. The appellee then has a specified time to file an answering brief. The appellant may then file a second brief answering the appellee's brief. A United States appellant court sometimes will make their decision only on the basis of a written briefs. In a civil case, either party may appeal to a higher court. In a criminal case, only the defendant has a right to an appeal in most states. (Some states give the prosecution a limited right to appeal to determine certain points of law. These appeals usually occur...
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...the case 3. demonstrative evidence – not part of the story, but lawyer wishes to show the jury something to demonstrate something about the case (e.g., experiment; picture of intersection) B. competing stories at trial – two ways stories can compete 1. factual differences 2. differences in inferences drawn from the same facts II. Policy Overview [values that the evidence rules protect] A. accuracy 1. rationality – does evidence have a rational relationship to the case? 2. reliability – is the evidence credible? B. efficiency – see FRE 403 C. fairness – rules should be party-neutral 1. but note: some rules exclude evidence to one party’s advantage (e.g., evidence that Δ fixed the steps after the accident excluded, b/c we want to encourage Δs to make steps safer) (e.g., Confrontation Clause, guarantees rt of accused in a criminal trial to confront witnesses brought against him) D. danger of misuse of information 1. one solution: limiting instructions 2. but sometimes we’re so skeptical of jury’s willingness/ability to follow limiting instructions, and the potential harm from the evidence is so grave as to outweigh the modest benefits, so we exclude the evidence E. protecting rt to jury trial 1. part of the 6th A rt to a jury trial is the rt to an effective jury – jury must be able to do more than just what the judge says; so judge must...
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...rules governing relationships among individuals and society. 2. The law serves several purposes. a. Protect individuals b. Protect society c. Protect property, and d. Protect objectives 3. How does the law achieve the aforementioned purposes? a. By establishing confidence in the enforcement of laws b. Providing a certain degree of predictability as to what will happen if the laws are violated 4. If any society is to survive, its citizens must be able to determine What is legally right and wrong and be able to determine what sanctions may be imposed on them if they commit wrongful acts 5. Why should you care about the law? a. The law affects virtually ALL business transactions and activities, including: i. Hiring and firing ii. Workplace safety iii. Manufacturing, distributing & marketing of products iv. Financing v. Accounting & ethics and vi. Many other areas as well 6. You are the owner of a company called Compudata – a computer software & systems company. You receive an inquiry from BMI, Inc. regarding your company’s various services. a. What are some of the legal issues you need to consider? i. How do we enter into a contract Contracts ii. What happens if BMI breaches Remedies iii. How do we protect our product IP iv...
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