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Money changes people, but it also is changed itself. All cash is change. In Debt: The First 5,000 Years, David Graeber, drawing on British classicist Richard Seaford’s Money and the Early Greek Mind, suggests a link between the history of coinage and that of philosophy. The Greek city of Miletus was, around 600 BC, perhaps the first city where coins instead of credit were used in daily life. Around the same time, Thales, Anaximander, and Anaximenes were arguing that there was a universal substance that could turn into everything else—water, or air, or a special substance called the apeiron. They theorized that this material could, under different conditions, be transmuted into anything. The analogy is clearer if you think of gold as the universal substance The metal in a coin has its own physical characteristics, as do seashells or fire or the enormous stone disks of the isle of Yap. Owing to particular social circumstances, that metal has an additional property of being exchangeable for anything, provided you have enough of it and someone else has and will give up what you want. But here one runs into a contradiction that's vexed thinkers since the Axial Age. Are there fixed, natural reasons for gold to be worth something, or is it an arbitrary social convention? It’s been very important to a number of people to insist that there’s a particular value embodied in gold. This is a question about how much you can trust money.
Canon 2C. Membership of a judge in an organization that practices invidious discrimination gives rise to perceptions that the judge’s impartiality is impaired. Canon 2C refers to the current practices of the organization. Whether an organization practices invidious discrimination is often a complex question to which judges should be sensitive. The answer cannot be determined from a mere examination of an organization’s current membership rolls but rather depends on how the organization selects members and other relevant factors, such as that the organization is dedicated to the preservation of religious, ethnic or cultural values of legitimate common interest to its members, or that it is in fact and effect an intimate, purely private organization whose membership limitations could not be constitutionally prohibited. See New York State Club Ass’n. Inc. v. City of New York, 487 U.S. 1, 108 S. Ct. 2225, 101 L. Ed. 2d 1 (1988); Board of Directors of Rotary International v. Rotary Club of Duarte, 481 U.S. 537, 107 S. Ct. 1940, 95 L. Ed. 2d 474 (1987); Roberts v. United States Jaycees, 468 U.S. 609, 104 S. Ct. 3244, 82 L. Ed. 2d 462 (1984). Other relevant factors include the size and nature of the organization and the diversity of persons in the locale who might reasonably be considered potential members. Thus the mere absence of diverse membership does not by itself demonstrate a violation unless reasonable persons with knowledge of all the relevant circumstances would expect that the membership would be diverse in the absence of invidious discrimination. Absent such factors, an organization is generally said to discriminate invidiously if it arbitrarily excludes from membership on the basis of race, religion, sex, or national origin persons who would otherwise be admitted to membership.
Self-affirmation (vs. control) participants had a significantly greater increase in feelings of state compassion pre–post writing. Specifically, a one-way ANOVA (condition: self-affirmation or control) revealed a significant difference in state compassionate feelings [F(1,50) = 4.23, p = 0.05, η2 = 0.08]: self-affirmation participants had a greater pre-post-writing change in state compassion (M = 1.84, SD = 3.3) compared to control participants (M = -0.11, SD = 3.52). A 2 (condition: self-affirmation or control) × 2 (time: pre- and post-writing) repeated measures ANOVA [affirmation X time interaction F(1,50) = 4.23, p = 0.05, η2 = 0.08] yielded the same effect as the one-way ANOVA using the affect change score: self-affirmation increased state compassion pre-post-writing, compared to the control group.
Pro se litigants may have a lower chance of success. The Louisiana Court of Appeals tracks the results of pro se appeals against represented appeals. In 2000, 7% of writs in civil appeals submitted to the court pro se were granted, compared to 46% of writs submitted by counsel. In criminal cases the ratio is closer - 34% of pro se writs were granted, compared with 45% of writs submitted by counsel. According to Erica J. Hashimoto, an assistant professor at the Georgia School of Law,:
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.
Both of your suggestions are very helpful. It seems that if I were to appeal, it would not be for my upcoming Motion to Dismiss, because I understand that would be an ‘interlocutory’ appeal, and therefore not allowed. I also understand your point about the Judge & OC taking a pro se litigant much more seriously and cutting the nonsense by the very presence of a court reporter. In that respect, it makes a lot of sense in that a reporter may make an appeal unnecessary if the court decides to be reasonable and fair:)
(3) Organizations. A judge may participate in and serve as a member, officer, director, trustee, or nonlegal advisor of a nonprofit organization devoted to the law, the legal system, or the administration of justice and may assist such an organization in the management and investment of funds. A judge may make recommendations to public and private fund-granting agencies about projects and programs concerning the law, the legal system, and the administration of justice.
Experimenters remained blind to participants’ affirmation condition during the experimental session, following procedures as in Study 1. Following procedures from recent self-compassion research (Leary et al., 2007, Study 4), participants arrived at the lab one-at-a-time for a study they believed explored the influence of adults’ moods on story telling. After providing written informed consent, participants completed individual difference baseline measures, including trait self-compassion (Neff, 2003b; Raes et al., 2011). Specifically, participants completed the 12-item Self-Compassion Scale – Short Form, which measures the frequency of self-compassionate feelings on a day to day basis (anchored 1 = almost never to 5 = almost always). Items were averaged to form a composite measure of trait self-compassion, with negative items reverse-scored (α = 0.86; Neff, 2003b; Raes et al., 2011). Trait self-compassion was embedded among two other exploratory baseline questionnaires: the NEO Five-Factor Inventory (NEO-FFI) Extraversion subscale (Costa and McCrae, 1992), and the Dispositional Positive Emotions Scale (DPES) Compassion subscale (Shiota et al., 2006). Then, following existing procedures for testing compassionate feelings (Leary et al., 2007, Study 4), participants were videotaped while telling an extemporaneous children’s story beginning with, “Once upon a time, there was a little bear…” for 90 s. Participants, who believed we were collecting pilot data for an unrelated study, next completed a 3-min self-affirmation or control writing exercise as described in Study 1. Additionally, participants completed a 4-item manipulation check (α = 0.97) assessing whether the writing exercise was important to their self-identity. Specifically, participants rated the personal importance of the value they wrote about on a 6-point Likert scale (strongly disagree – strongly agree; i.e., “This value is an important part of who I am;” “In general, I try to live up to this value”).
Yet the tone of the book isn’t quite satirical; it’s not exactly an indictment of the materialism and gullibility of American society. Melville’s confidence-man doesn’t try to persuade marks, not exactly. His method takes the form of a dialogue on why trust is better than mistrust, an argument for the need to have faith in nature and mankind. Much of the book is taken up with elaborate philosophical arguments on questions such as whether nature is always good, whether a boy’s character predicts the man he will become, the ethics of loaning money, and, above all, whether one should have confidence, or trust, in one’s fellow man. The effect is a bit as if Plato had Socrates, while arguing that justice is better than injustice, convince Glaucon to lend him his watch. It’s an odd book about materialism that spends all its time with its head in the clouds—although there’s no better time to pick a man’'s pocket than while he’s stargazing. There’s a slight scent of brimstone to the confidence-man, as if he’s come to earth as part of an infernal bet on the fallibility of human nature. Or, as the novel’s most caustic cynic, a one-legged man who believes that a crippled beggar called Guinea is a white man in blackface, says, “Money, you think, is the sole motive to pains and hazard, deception and deviltry, in this world. How much money did the devil make by gulling Eve?” Yet as it turns out, the philosophical claims the novel’s characters dispute, about human nature and the obligations of human beings toward each other, have much to do with the particular economic form of the society they inhabit.
"I did not have sexual relations with Monica Lowinsky." Ms. Lowinsky's allegations involved oral sex. The definition of sexual relations does NOT include oral sex. President Clinton never denied Ms. Lowinsky's sexual allegation....but millions thought he did! "There is no improper relationship." There isn't now, but WAS there? Many of us are raised speaking and writing without precision. We fill in the gaps with what we believe is the intended meaning. Precision in the spoken and written word will take time to learn.
IAALS recently released two new reports focused on the experiences of self-represented litigants in the family court system. Cases Without Counsel: Research on Experiences of Self-Representation in U.S. Family Court which explores the issues from the litigants' perspective. Cases Without Counsel: Our Recommendations after Listening to the Litigants outlines recommendations for courts, legal service providers, and communities to best serve self-represented litigants in family cases.
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.
Depositions: A deposition is a question-and-answer session where a party can ask her opponent questions. Depositions are transcribed by a court reporter (AKA stenographer). Depositions can be expensive, especially if videotaped. Deposition transcripts cost anywhere from $2-5 per page. A single transcript could cost hundreds of dollars. A video copy will cost extra.
Participants rated affect items “right now” before and after the affirmation exercise on a 5-point Likert scale (not at all to extremely; Watson et al., 1988). Affect items were selected based on Crocker et al. (2008; Figure Figure11), and allowed us to test for changes in feelings related to the construct of self-compassion (e.g., greater sympathy, less criticism; cf. Neff, 2003a) and to test single item measures of social connection previously implicated in self-affirmation effects (e.g., love; Crocker et al., 2008; see Measures). To ensure participants did not link the affirmation activity with the subsequent pro-social dependent measure and to reduce suspicion, participants then completed a 12-item bogus sentence-unscrambling “language” task (consistent with our cover story).
Courts across the country are increasing the resources available to the surge of pro se litigants attempting to navigate the judicial system. Courts are not only addressing the legal and procedural obstacles facing pro se litigants, but they are also focusing on “sociological [and] psychological aspects of how unrepresented litigants feel about the overall litigation experience.” Id. at 3. Likewise, attorneys, and civil trial lawyers in particular, must be cautious of the challenges and special considerations involving pro se litigants.
Like the self-transcendence account, our Study 1 outcome showing that self-affirmation increases pro-social behavior is consistent with the idea that self-affirmation fosters social connectedness (Crocker et al., 2008; Burson et al., 2012), but our Study 2 findings suggest that these compassionate feelings may be directed toward the self (and not toward a peer). However, further research is necessary to clarify this finding. In Study 1, feelings of compassion boost pro-social behavior, but in Study 2, other-directed feelings of compassion are not impacted by self-affirmation writing. A ceiling effect may explain this seeming difference; the confederate “other” storytelling video we used was rather high quality, and may not have solicited a need for compassion, thus explaining the lack of variability in participants’ responses across conditions. Or, it’s possible that watching a peer’s slightly embarrassing video might not elicit a compassionate vs. judgmental response comparable to feelings of self-compassion vs. self-judgment in response to the self video. Future work is needed to establish whether self-affirmation also increases compassionate feelings for others in need, perhaps using different methods to compare self- vs. other-directed compassionate responses.
“One statistic asserts that 90 percent of Americans will face a lawsuit at some point in their lives,” Zeidwig points out. “Yes, it’s possible to represent yourself in court, but you need to know specifically what to do in order to be best prepared. For example, how much time you have to file documents and such is rigid — if you miss the deadline, you’re in serious trouble.”
The plaintiff has to present quite a lot of evidence in order to meet its burden of proof. This evidence is often difficult or expensive for the plaintiff to produce. If your debt is old, or if it has been bought and sold multiple times, evidence of your debt may not exist at all. It is almost always much easier and cheaper for the plaintiff to negotiate a settlement with you than to come up with all the evidence needed to meet the burden of proof. That is why the plaintiff will nearly always want you to agree to a settlement.
Find out what your jurisdiction does. If they don’t have them, it’s worth it to bring your own. If a hearing means anything to you, the money you shell out for a court reporter will pay back in spades. If it’s difficult to pay for a court reporter, try to stretch those hearings out as long as you can. If you’re in a multi-year case, you might have a hearing only 3 times per year anyway. If you find you’re having more and can’t afford it, prioritize them. This also helps you think strategically about your case.
Pro Se One Stop Legal Document Services, LLC is a non-lawyer document preparation service dedicated to saving you time and money with your legal matters and helping you to avoid unnecessary attorney’s fees. We are not attorneys and we do not offer legal advice, but we do provide high quality legal document preparation services with a high attention to detail in various areas, predominantly family and civil matters. We are conscientious of our customer’s unique, individual needs and differing scenarios.
Oftentimes, self-represented litigants become reactive when there’s a lawyer on the other side. Instead of getting ahead of things or running their own case, they let the lawyer take the lead. They spend so much time responding to discovery requests, summary judgment motions, motions to dismiss, and other filings that they don’t formulate a strategy of their own. They don’t do their own discovery or object to certain requests because they’re swamped and often intimidated. So, they’re always behind and in a constant reactive state. If a wise opponent sees how reactive you are, they can walk you right into an error. So, take control of your case. Never let a lawyer think that he’s in charge of it.
Handling Cases Involving Self-Represented Litigants: A Benchguide for Judicial Officers. (January 2007). Center for Families, Children, and the Courts. California Administrative Office of the Courts This comprehensive bench guide, the first of its kind, was designed to help judicial officers handle the increase in cases involving self-represented litigants. Twelve chapters of helpful suggestions are provided, along with sample scripts and checklists.
(6) A judge should not make public comment on the merits of a matter pending or impending in any court. A judge should require similar restraint by court personnel subject to the judge’s direction and control. The prohibition on public comment on the merits does not extend to public statements made in the course of the judge’s official duties, to explanations of court procedures, or to scholarly presentations made for purposes of legal education.
Congress also has a role. In extreme cases it has the power to remove judges, of course. But short of that, it can at least underscore the seriousness of the rights it established for litigants in the Judiciary Act. Whether through binding or nonbinding language on the topic, Congress can make clear that complaints about violations of the rights of pro se litigants must be taken very seriously by judicial councils.
Forgoing the narratives of the sea that prevailed in his earlier works, Melville's later fiction contains some of the finest and many of his keenest and bleakest observations of life, not on the high seas, but at home in America. With the publication of this Library of America volume, the third of three volumes, all Melville's fiction has now been restored to print for the ...more
There is every reason to believe that the number of pro se litigants involved in litigation in federal and state courts will continue to rise in the coming years, especially given the courts’ focus on increasing access to pro se parties. Along with this increase, the challenges facing the judicial system and trial counsel involving unrepresented parties will continue to rise, requiring increasingly careful consideration. However, armed with the best practices, trial counsel can help alleviate some of the challenges both sides of the aisle face.
Clarence Earl Gideon was too poor to afford an attorney and thus proceeded pro se in his criminal trial in Florida in 1961. He was found guilty and subsequently appealed. He was appointed counsel (his attorney, Abe Fortas, later became a Supreme Court Justice) when the case reached the U.S. Supreme Court; the court ruled in Gideon v. Wainwright that the right to counsel means that states are required to provide counsel free of charge to indigent defendants in all criminal cases and that Florida's failure to appoint such counsel in Gideon's case constituted a violation of that right. On remand, Gideon was represented in the new trial, and was acquitted.