I’ve filed and served a request for admissions which the Defendant”s attorney failed to answer within the 30 day period allotted by rule here in Oregon. The rules also state that a failure to answer the request will result in admission of the answers requested. From what I can glean from the rules, I now need to file a “Motion To Determine Sufficiency”. If I fail to file such a motion, can I simply ask the court to declare, at the outset of trial, that the defendant, by failing to answer the admissions request, has in fact admitted certain facts which I no longer must prove at trial?
The novel begins on April Fool’s Day, with the boarding of a steamer by a man who is, “in the extremest sense of the word, a stranger.” Over the course of the day, a number of apparitions wink into and out of existence on the same boat peddling several schemes. They might all be the same man, in what Melville calls “his masquerade.” They refer to each other, and each picks up where the last one left off. They talk up stock in something called the Black River Coal Company and ask for donations to the Seminole Widow and Orphan Asylum. Shares in a New Jerusalem founded by “fugitive Mormons” are offered. One, an herb-doctor, sells natural cures with names like the Omni-Balsamic Reinvigorator and the Samaritan Pain Dissuader. Another has a proposal for a World's Charity, funded by a small tax on every member of the human race. He proposes to bring the “Wall Street spirit” to charity, offering contracts for the conversion of the heathens to end the “lethargy of monopoly” which plagues the current missionary system. In his breathless enthusiasm for the power of the market this one could fit right in on the New York Times op-ed page, but all of these charlatans are recognizable American types.
For the many millions of unrepresented litigants appearing in American courts each year, mastering the rules of the adversarial system is next to impossible.5 Such litigants often do not understand the rules of evidence, and so cannot understand what facts are relevant or how to present them to a judge. An attorney opposing an unrepresented litigant is more likely to withhold evidence favorable to the litigant who is unlikely to know that such evidence must be turned over or to ask for it.
Canon 4. Complete separation of a judge from extrajudicial activities is neither possible nor wise; a judge should not become isolated from the society in which the judge lives. As a judicial officer and a person specially learned in the law, a judge is in a unique position to contribute to the law, the legal system, and the administration of justice, including revising substantive and procedural law and improving criminal and juvenile justice. To the extent that the judge’s time permits and impartiality is not compromised, the judge is encouraged to do so, either independently or through a bar association, judicial conference, or other organization dedicated to the law. Subject to the same limitations, judges may also engage in a wide range of non-law-related activities.
The United States ranks an abysmal twenty-five out of thirty-five countries with similar per capita incomes, measured on accessibility and affordability of civil justice in the Rule of Law Index prepared by the World Justice Project.25 The United States consistently fails to provide accessible and adequate legal assistance, and will continue to do so as long as an adversarial system continues and until much more civil legal service funding is provided. Judges foresee the continued erosion of public confidence in the justice system as it becomes increasingly beleaguered by unrepresented litigants, overtaxed courts, and overwhelmed judges.
The Legal Services Corporation, the single largest funder of civil legal aid for low-income Americans in the nation, reported in June that 86 percent of low-income Americans receive inadequate or no professional legal help for the civil legal problems they face. Here in Georgia, state courts heard more than 800,000 cases involving self-represented litigants in 2016 alone.
A video from Washington's judicial branch challenges some mistaken ideas about how courts work by using real person-on-the-street interviews and responses from judges, justices, a court clerk and a state legislator. The video was produced by the Public Trust & Confidence Committee of the Board for Judicial Administration (BJA) in partnership with Washington's public affairs station, TVW, with financial support provided by the Washington State Gender and Justice Commission and Minority and Justice Commission.
Even though it's great to share our goals and aspirations with others--whether they are personal or career-oriented--opening ourselves up to that sense of vulnerability to others subconsciously creates anxiety. Although we may not even realize it, sharing the things you would most like to achieve involuntarily sets expectations for ourselves in the eyes of others--expectations that can often sap your confidence if unmet.
Although it's important to know how to self-critique and self-analyze in order to functionally improve, overwhelming your mind with self-hate and negativity can only bring you down. Reduce the negative energy swarming your thoughts and turn them into productive ones. Instead of lamenting the things you have to change, focus on how you can use their improvements to make yourself a better person.
When you go into a foreign country and want to communicate with the inhabitants, you have to talk THEIR lingo. Courtrooms are a foreign country and they have their own language. "Complaint language" (or "law talk") is what they call it. If you don't use it in your pleadings (that's what documents you file with the court are), you will not only not be listened to and taken seriously, you will not be HEARD. They will literally not SEE the words on the page if they are not written in their "language."
Let the pro se party’s voice be heard. Individuals representing themselves at trial in civil litigation are often battling hardships on many fronts. Generally, they have found themselves in an unfamiliar and intimidating setting governed by a labyrinth of substantive and procedural rules, along with unwritten local customs and expectations. This maze can be challenging for even the most tested trial attorney. It is particularly daunting to pro se parties. Of course, it is frequently not by choice that pro se parties are in trial without the benefit of legal counsel. Whether they are acting as a plaintiff or a defendant, their status as a pro se party is many times forced by precarious financial situations. Moreover, the types of lawsuits in which pro se litigants are regularly involved—employment, professional malpractice, personal injury, whistleblower cases, and collections, to name a few—are often particularly rife with emotion and typically involve allegations of a sensitive, personal, and sometimes embarrassing nature. Indeed, these cases are often plagued by feelings of anger, resentment, pride, shame, and revenge. To make the situation even more challenging, pro se litigants frequently take the drastic step of representing themselves in civil litigation because they view themselves as victims of a wrong that must be made right, and they do not view as primary considerations the time and costs associated with redressing the wrong.
Aside from her family appellate matters, Christa has also been successful in small claims. In 2017 Christa brought a pro se complaint against an auto body repair shop after it made faulty repairs to her vehicle. The shop hired an aggressive attorney, but Christa successfully pushed the case to a settlement for the full amount of her claim. Although Christa cannot and will not offer legal advice, she genuinely engages with her clients, is always happy to lend a listening ear and to share her own pro se experiences. Christa encourages her customers to educate themselves of the system and the laws which she believes results in an empowered and confident pro se litigant.
The disdain by federal judges against pro se litigants is a serious problem in our country, which the Supreme Court and Congress should rectify. Perhaps some judges have seen too many frivolous pro se lawsuits for their liking. Surely many such lawsuits are not meritorious, and the majority are brought by prisoners. Perhaps this is why some judges read only as far as " pro se" before rolling their eyes.
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Participants were told that the purpose of the study was to investigate the effects of mood on language use. Participants completed a two-part self-affirmation manipulation and a pre- and post-affirmation state affect checklist. Following standard procedures for manipulating self-affirmation (Cohen et al., 2006; McQueen and Klein, 2006), participants rank-ordered a list of 11 values (e.g., artistic skills, independence) in terms of their personal importance. Participants were then randomly assigned to write for 3 min about their top-ranked value and why it was personally meaningful (self-affirmation condition) or why their bottom-ranked value might be important to someone else (control condition). Affirmation and control writing sheets were pre-randomized and administered so that only subject number and instructions were visible to experimenters, thus blinding them to study condition.
Some pro se litigants are intelligent and sophisticated. I recall one individual who represented himself in a case that proceeded to jury trial. He proved quite capable, and the verdict was in his favor. In other cases, the pro se parties are long on emotion and short on knowledge regarding law and procedure. This puts the judge in an uncomfortable position.
Your Day in Court. This is a video clip from King County, Washington featuring Judge Mary Yu and Stephen Gonzalez. Judge Yu explains the basic layout of the courthouse and Judge Gonzalez talks about courtroom procedure. The information in this video is designed for pro se users of the King County court system but it is general enough that court users in any state can benefit from viewing it.
Here we test a novel self-compassion account that links these two theoretical self-affirmation perspectives. Specifically, we posit that self-affirmation activities increase feelings of self-compassion, characterized by increased self-directed feelings of sympathy and love, and reductions in feelings of vulnerability and criticism (cf. Neff, 2003a; Leary et al., 2007). Our self-compassion account is consistent with the existing theoretical frameworks for self-affirmation: increasing self-compassion is one form of boosting one’s self-image (i.e., the self-resources perspective), and is associated with increased feelings of love and connection (i.e., the self-transcendence perspective; cf. Neff, 2003a). But this self-compassion perspective provides new specificity to these previous theoretical accounts by positing that the self-affirmation self-image boost is about feeling more compassion toward the self (and is not a general self-esteem boost as suggested by the self-resources perspective; Neff and Vonk, 2009), and that compassionate feelings engendered by self-affirmation are not other-directed (as suggested by the self-transcendence perspective), but directed toward the self. It is difficult, however, to disentangle whether these feelings stimulated through values affirmation are directed toward the self or toward others, and furthermore, it’s possible that compassionate feelings toward the self may generate compassion for others. Indeed, one important aspect of a self-compassionate attitude is the recognition of oneself as part of the human condition (Neff, 2003a); this sense of shared humanity may be encouraged by writing about important values, consistent with the self-transcendence perspective, but we suggest that the source of these feelings is a boost in self-compassion.
If you are a judge interested in teaching a lesson to elementary, middle or high school students, please explore Judges in the Classroom. Proven interactive lesson plans are available for download from the website that focus on the law and legal process. You may also sign up as an interested judge to be contacted if teachers from your area request a judge.
In the same vein of using your body, working out--even for just ten minutes a day-- can do wonders for clearing up your mind. When we work out, as I'm sure you know, our bodies emit endorphins that allow us to feel happy--even if we can't explain why. If you don't have time to squeeze in a full-body workout or some substantial cardio that day, just do a couple jumping jacks or take a brisk walk around the block. How much better--and more confident--you feel will amaze you.
Later, when time comes to my response, like a bipolar, I keep jumping from Magician to Conqueror and then crave badly to be act like an aggressor. I end up changing my response over and over and over again, until I get the Aggressor out of my system. Then I do my best to mix Magician—common sense—approach to reach a Conqueror-level response document.
Canon 3A(4). The restriction on ex parte communications concerning a proceeding includes communications from lawyers, law teachers, and others who are not participants in the proceeding. A judge may consult with other judges or with court personnel whose function is to aid the judge in carrying out adjudicative responsibilities. A judge should make reasonable efforts to ensure that law clerks and other court personnel comply with this provision.
One limitation of Study 1 is that we did not use a validated measure of state self-compassion, but constructed a composite measure of compassionate feelings using theoretically consistent items available from the administered affect checklist. It is possible that our composite self-compassion measure in Study 1 indexes other constructs besides self-compassion. To address this limitation, we conducted Study 2 to test whether self-affirmation increases self-compassion using a validated behavioral measure of self-compassionate feelings in response to a storytelling task (Leary et al., 2007). Moreover, a limitation of our Study 1 findings, like previous studies (Crocker et al., 2008), is that an alternative compassion explanation can be offered – specifically, it is unclear whether the increase in compassionate feelings in Study 1 are directed toward the self (consistent with our self-compassion account) or toward others (or toward both the self and others). Study 2 directly tests this self vs. other-focused compassion account of self-affirmation by manipulating whether participants provide ratings of their compassionate feelings toward their own storytelling video (self) or to the video of a peer (other). Study 2 also provided an opportunity to extend our self-compassion account by testing the role of trait self-compassion in moderating self-affirmation effects (we did not include a trait self-compassion individual difference measure in Study 1, a study limitation). Specifically, participants in Study 2 completed a measure of trait self-compassion (Neff, 2003b; Raes et al., 2011) to test whether self-affirmation effects on self-compassion are moderated by trait self-compassion, such that self-affirmation increases self-compassionate feelings most in participants who have pre-existing low levels of trait self-compassion.
Last month, Canada rolled out its federal carbon tax to four provinces, creating a new tax on all goods based on their total carbon footprint. While polluting less is a worthy goal for us all, the plan will only take money from taxpayers to fill government coffers. Instead of imitating Canada’s broad, ineffective tax, the United States should focus on promoting more responsible, lower emitting modes of power generation.
8. Don't forget to fill out the Pro Se Motion to Commence an Action Without Payment. Each court has a different standard of who can afford to pay, and who can't. People on SSI typically do not have to pay any fees. People who work may be asked to pay as much as $150. It's important to keep this in mind when your group is deciding who will be the plaintiff. The plaintiff should outline exactly why he thinks he should not have to pay fees. Look at the enclosed copy for an example of a person's form who did not have to pay fees.
According to Utah Judicial Council report of 2006, 80 percent of self-represented people coming to the district court clerk's office seek additional help before coming to the courthouse. About 60 percent used the court's Web site, 19 percent sought help from a friend or relative, 11 percent from the court clerk, and 7 percent went to the library. In the justice courts, 59 percent sought no help.