Mediation analyses (Baron and Kenny, 1986) were consistent with the prediction that increases in feelings of compassion explain how self-affirmation increases helping behavior to the shelf-collapse incident. A series of multiple regression analyses showed that change in state self-compassion was an intervening variable for the effects of self-affirmation on increasing pro-social behavior to the shelf-collapse incident. As predicted, greater feelings of compassion predicted greater helping behavior [β = 0.30, t(45) = 2.14, p = 0.04], whereas the path between the self-affirmation manipulation predicting helping behavior was no longer significant [β = 0.21, t(45) = 1.52, p = 0.14; Figure Figure22]. The significance of the indirect (mediating) effects of self-compassion was confirmed using an SPSS bootstrapping procedure (Preacher and Hayes, 2004); the indirect effect estimate of feelings of self-compassion was 0.43, with the 95% confidence interval not encompassing 0 (0.06–1.01), indicating a significant mediation effect. We also tested whether feelings of compassion mediate the relationship between self-affirmation condition and charitable giving on the spending survey. Controlling for family income, greater feelings of self-compassion did not predict increased hypothetical charitable giving [β = -0.10, t(48) = -0.78, p = 0.44], and the path between the self-affirmation manipulation predicting charitable giving remained significant [β = 0.35, t(48) = 2.54, p = 0.01].
The Pro Se Education Program helps you learn about the divorce and parentage process. It will educate you about your responsibilities during the court process. It will help you understand court procedures and what forms you need to fill out. You will also learn about services available to help with problems affecting families. Anyone may attend, whether or not they are a party to a case. Classes are free.
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.
It was very nice of Kenn to share all that esoteric knowledge regarding the litigation process. I think most lawyers would only be interested in non disclosure of their dirty tricks, so many thanks to Kenn. I have not made the decision of going pro se, but even if I don't, the book is still worth to read to attain some understanding of what is going on behind the scenes in one's lawsuit.
The current work was inspired by the work of Crocker et al. (2008) suggesting that self-affirmation may increase feelings of love and social connection. Building on previous studies suggesting that feelings of love and compassion may foster helping behavior (Mikulincer et al., 2005; Piff et al., 2010), Study 1 tests the prediction that self-affirmation will increase feelings of self-compassion, which in turn will increase pro-social behavior. Although no previous studies have tested self-compassion as a mechanism, one recent developmental psychology study suggests that self-affirmation can increase pro-social feelings and teacher-rated behaviors among adolescent students, particularly among students who displayed higher levels of antisocial behavior (Thomaes et al., 2012). Another set of studies showed that self-affirmation increased pro-social behavior only when paired with feelings of moral elevation (Schnall and Roper, 2012). These studies suggest that self-affirmation may impact pro-social behavior through multiple and possibly yet unidentified processes. In Study 2, we test the specificity of the self-compassion account by testing whether self-affirmation increases feelings of compassion toward the self (self-compassion) as opposed to fostering feelings of compassion toward a stranger (other-directed compassion), using a validated behavioral task of self-compassion (Leary et al., 2007, Study 4).
24Beverly W. Snukals and Glen H. Sturtevant Jr., “Pro Se Litigation: Best Practices from a Judge’s Perspective,” University of Richmond Law Review 42 (2) (2007) [LINK]; United States District Court, District of Minnesota, and the Federal Bar Association, Minnesota Chapter, The Pro Se Project (Minneapolis: United States District Court, District of Minnesota, and Federal Bar Association, Minnesota Chapter, 2011), 2 [LINK]; and Commonwealth of Massachusetts, The Trial Court, Probate and Family Court Department, Pro Se Litigants: The Challenge of the Future (Boston: Commonwealth of Massachusetts, 1997), 16 [LINK].
6. If you have a paragraph 18 and 19, then you might want to add a paragraph 20 that might read something like this, "Other commercial facilities similar to the defendant's have made similar modifications, like what we ask here. Defendant could easily make his business accessible but has chosen not to comply with the Americans with Disabilities Act." You might also want to add a 20a that reads, "to assist businesses with complying with the ADA, Congress has enacted a tax credit for small businesses, and a tax deduction available to all businesses."
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.
When an individual acts on his own behalf during a legal action, rather than through an attorney, he is considered to be a pro se litigant. This Latin term literally means “advocating on one’s own behalf.” In all jurisdictions in the United States, an individual is allowed to represent himself, whether as the plaintiff or defendant in a civil lawsuit, or as the defendant in a criminal case. To explore this concept, consider the following pro se definition.
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.
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.
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.
Then, participants were randomly assigned to either watch their own video or a female study confederate’s video, whom participants believed to be the previous study participant. After watching the storytelling video, participants completed an 8-item measure of how they felt while watching the (self or peer) video, which served as our primary measure of compassionate feelings. Specifically, participants rated eight feeling adjectives [relaxed, happy, sad (reverse-scored), proud, embarrassed (reverse-scored), irritable (reverse-scored), nervous (reverse-scored), peaceful] using 7-point Likert scales (1 = not at all to 7 = extremely). These items were summed to create a composite measure of compassionate feelings toward the self or other video (α = 0.83), with higher scores referencing higher compassionate feelings. Importantly, by asking participants, “How did you feel while watching your [the] video?” we were able to specifically probe feelings of self-compassion (or other-directed compassion) in response to this mildly embarrassing, impromptu storytelling playback. More positive feelings result from feelings of compassion, and less positive feelings reflect negative judgments and a critical response to the video. To evaluate the specificity of the self-compassionate feelings account, participants also completed a 9-item measure of their social perceptions in response to watching the storytelling video (see Leary et al., 2007, Study 4). Participants were asked to rate how they (or the peer) appeared in the video on nine performance dimensions [awkward (reverse-scored), confident, nervous (reverse-scored), creative, reasonable, competent, attractive, foolish (reverse-scored), likable] using 7-point Likert scales (1 = not at all to 7 = extremely) in response to the question, “How do you think you [the other participant] appeared on the video?” Like the compassionate feelings composite measure, the nine items were summed to create a composite measure of performance perceptions toward the self or other video (α = 0.83), with higher scores referencing higher social perceptions of performance during the storytelling task. Thus, we were able to measure two distinct aspects of self-compassion (and other-directed compassion): feelings of (self-) compassion and performance perceptions in response to the storytelling video. These behavioral ratings of self-compassion are positively related to trait self-compassion in previous work (Leary et al., 2007, Study 4). Participants completed a final demographics measure before being probed for suspicion, fully debriefed, and dismissed.
*** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state.
To fulfill their role as neutral deciders in an adversarial legal system, judges need lawyers. Unrepresented litigants tax the court system and burden the people who work in it. Judges around the country, of all political stripes, are resolute in their support of civil legal aid. Judges support civil legal aid because they value equal justice and the protection of the disadvantaged. They support legal aid because it assists in the efficient and effective administration of the courts they run. They also support legal aid out of self-interest, because it makes their work lives less threatened and more effective.
Before I answer the essence of your question, the Oregon Rules of Civil Procedure states and requires that “The request for admissions shall be preceded by the following statement printed in capital letters in a font size at least as large as that in which the request is printed: “FAILURE TO SERVE A WRITTEN ANSWER OR OBJECTION WITHIN THE TIME ALLOWED BY ORCP 45 B WILL RESULT IN ADMISSION OF THE FOLLOWING REQUESTS.” I will presume that you complied with that requirement when you submitted your requests for admissions as the rule states that it “shall” be done in this manner. Sometimes things can sound nit picky but if a party fails to do something that it is required to do and fails to do so, it gives the opposing side ammunition to attack the relief you are requesting that you feel you are entitled to. You are correct, since the opposing side failed to answer your request(s), you now need to file a “Motion to Determine Sufficiency”. You should advise the court in your motion that the opposing party has failed to answer your requests and ask the court to order that each of the matters are admitted. A motion to determine sufficiency is generally geared toward answers that were submitted but possibly not sufficient and parties then move the court to order the party to provide a “sufficient” answer, but since the opposing party failed to provide any answers in your case, you should advise the court of this fact in your motion and that you would like the court to issue an order deeming the matters as admitted. I presume when you say that the opposing party “failed to answer” you mean that the party didn’t answer at all. There is a difference between “failing to answer” and submitting an insufficient answer. Be clear to the court which one it is, if the party failed to answer, so state it, but if the party provided answers that were insufficient, you need to address it in that manner and ask the court to order the opposing party to provide sufficient answers. Be sure to include a copy of the requests for admissions that you served as an exhibit to your motion for the court’s ready reference. Also, under Oregon’s Rule 46A(4) you may apply for an award of expenses incurred in relation to the motion.
I've spent a lot of time sending accessibility complaints to the DOJ for the "mediation process", which is supposed to be a faster way to get better compliance. No response. I waited and got no response. I'm still waiting for, at the very least, a letter confirming that they received the things, let alone tell me what action, if any, they would be taking. Nothing.
I truly do appreciate the work you do and the information you provide as this is a great service to "all" citizens. Certainly more "legal information" is needed to increase "legal literacy" in the world today. I am amazed that you are able to respond so quickly given your "one man" operation. The "legacy" you are leaving by promoting "legal education" is important to this generation as well as future generations and I commend you for your efforts to impart of your knowledge. ... Leonard S.
When we get looped into living the same reel of life over and over again, it's hard to feel like we're accomplishing anything. Accomplishments--or at least the image of self-growth--are an easy way to boost our self-confidence. Combat this issue by challenging yourself with foreign circumstances. How you handle them--and how you excel--just might surprise you.
Recently, I saw a commercial in which a man was depicted performing surgery on himself. While that may have been an attention-getter, we all know that we cannot go to the hospital for such a procedure. On the other hand, we can go to the courthouse and pursue our own case. If so, we are said to be proceeding pro se. "Black's Law Dictionary" (eighth edition) defines the term as "For oneself." It describes the person who appears in court on his or her own behalf without a lawyer.
We will start with pro se. That's a Latin term meaning on one's own behalf and in a court setting it refers to persons who present their own cases without lawyers or other representatives. Now some people choose to act pro se because they have legal experience or they're otherwise very confident about their ability to convey their claim or their defence without any assistance. Other people may simply wish to avoid paying attorney's fees and the often exorbitant expenses associated with hiring a lawyer.
In some types of cases, not having counsel can make a dramatic difference. Take the example of low-income tenants facing eviction. Across the county, roughly 90 percent of landlords are represented by counsel, while 90 percent of tenants are not. Simply having a lawyer increases the odds of being able to stay in one’s home. When tenants represent themselves in New York City, they are evicted in nearly 50 percent of cases. With a lawyer, they win 90 percent of the time.
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.
Good prep for litigation is hard work, like reading cases and statutes and writing concise, precise and persuasive motions and pleadings. Even then, the “tactics in the courtroom” you mention can still go on. So, mentality can be just as important as hard tangible work. Understand that lawyers want to win too, and they’ll do whatever they think it takes to do so. Cutting the ethical edge is just a day at work for some of them. Your job is to not get up in your feelings about any of that stuff. I know that’s difficult to do, and I struggle with it all the time, but it does not help you win. Do the work, understand your arguments and stay on point.
^ Kay v. Ehrler, 499 U.S. 432, 435 (1991), citing Gonzalez v. Kangas, 814 F. 2d 1411 (9th Cir. 1987); Smith v. DeBartoli, 769 F. 2d 451, 453 (7th Cir. 1985), cert. denied, 475 U.S. 1067 (1986); Turman v. Tuttle, 711 F. 2d 148 (10th Cir. 1983) (per curiam); Owens-El v. Robinson, 694 F. 2d 941 (3d Cir. 1982); Wright v. Crowell, 674 F. 2d 521 (6th Cir. 1982) (per curiam); Cofield v. Atlanta, 648 F. 2d 986, 987-988 (5th Cir. 1981); Lovell v. Snow, 637 F. 2d 170 (1st Cir. 1981); Davis v. Parratt, 608 F. 2d 717 (8th Cir. 1979) (per curiam).
Designed to be distributed by County Clerks and Superior Court Administrators’ offices. This document addresses civil actions in superior court and outlines how to start an action against someone else, how to defend yourself from an action, terms you need to know, what to wear and how to act in court and a list of helpful phone numbers and websites.
Not surprisingly, this disparity in legal knowledge and skill on the part of pro se litigants produces a host of unique problems for the courts and the bar in general and, in particular, for trial counsel. Nevertheless, despite the many challenges they bring to the table, pro se litigants are here to stay, and their numbers are steadily growing. According to the National Center for State Courts, the number of pro se litigants in civil cases continues to rise, and there is every reason to believe this trend will continue. https://www.ncsc.org/. In fact, the number of annual non-prisoner pro se filings each year in federal courts alone tops about 25,000 and constitutes a significant section of the federal caseload. Jefri Wood, Pro Se Case Management for Nonprisoner Civil Litigation (Fed. Judicial Ctr. Sept. 28, 2016).
A longstanding and widely practiced rule prohibits corporations from being represented by non-attorneys, consistent with the existence of a corporation as a "person" separate and distinct from its shareholders, officers and employees. The Wisconsin Supreme Court has ruled that a "nonlawyer may not sign and file a notice of appeal on behalf of a corporation. Requiring a lawyer to represent a corporation in filing the notice does not violate the guarantee that any suitor may prosecute or defend a suit personally. A corporation is not a natural person and does not fall within the term "any suitor."