In the constant flurry of change characteristic of capitalism, trust in general certainties is possible even as fixed, particular certainties constantly dissolve. The structures that make this general trust possible also give rise to specific mistrust, since there isn’t anything to fall back upon in most instances other than the generalized laws of the market. This is why impersonal advertising tries to imitate personal connections, simulate homes and families, friendships and sex, to tie the generalized sense of products to a specific sensation. It’s this ambiguous spot that the confidence-man preys upon. There’s a kind of hypocrisy or bad faith that comes out when you’re skeptical of a particular stranger. If you have nice ideas about humanity, how can you justify brushing someone off? You should at least hear them out. And what they’re selling isn’t that expensive—how about two for the price of one—and it was nice to talk to someone, anyone, for a few minutes. The confidence-man is the person you shouldn’t trust who shows you how bad it is that you don’t trust people. The essence of the scam, the false promise of the con man, is this contradiction between trust and mistrust. And in fact, we experience participation in a capitalist society like this all the time, whether we’re blasting our banks for hidden fees or Facebook for changing its appearance. These companies couldn’t care less about us, and yet we place an unjustifiable amount of emotional investment in them, expect loyalty, and then get upset when they treat us as dumb sources of money.
In 2011, the Federal Judicial Conference surveyed federal court clerks offices regarding pro se issues. They found that only 17 of 62 responding judges report that discovery is taken in most non prisoner pro se cases and only 13 reported that discovery is taken in most prisoner pro se cases.:21 In the same survey, 37% of judges found that most pro ses had problems examining witnesses, while 30% found that pro ses had no or few problems examining witnesses.:22 53% found that represented parties sometimes or frequently take advantage of pro se parties.:23 Only 5% reported problems of pro ses behaving inappropriately at hearings.:24 Respondents to the FJC study did not report any orders against non prisoner pro se litigation.
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.
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.
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.
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.
Change in state self-compassion mediates the effect of the self-affirmation manipulation on helping behavior to a shelf-collapse incident in Study 1. To determine if compassion predicted greater helping behavior, the proposed mediating variable (the measure of composite self-compassion) and the predictor variable (the self-affirmation condition) were entered simultaneously in a multiple regression equation predicting the outcome variable (helping behavior score). Numbers represent beta coefficients, with parentheses representing beta coefficients when feelings of self-compassion and the self-affirmation treatment variable are entered simultaneously in a multiple regression analysis. *p < 0.05.
Melville asks if we should have faith in the natural order of things when that order is constantly shifting and being replaced. The confidence-man offers platitudes and certainties to assure his marks that there are fixed values and then uses that faith to pull the ground out from under them. It’s interesting that in an authorial digression preemptively defending the book from imagined hordes of detractors Melville asserts the value of inconsistency. “No writer has produced such inconsistent characters as nature herself has,” he writes; if nature can bring forth duck-billed beavers, perhaps the novelist should be granted “duck-billed characters.”
Washington Limited Practice Rule. With a goal of making legal help more accessible to the public, the Washington Supreme Court has adopted APR 28, entitled “Limited Practice Rule for Limited License Technicians”. The rule will allow non-lawyers with certain levels of training to provide technical help on simple legal matters effective September 1, 2012.
I would never say never and anything is possible in court. But I would say that it really hurts your chances a LOT. There are so many things that could go wrong or you might have an opportunity to win, but not recognize it because you do not know what to look for. If it is worth it to fight this, it is probably worth hiring an attorney. I am sorry to be the bearer of discouraging news. But litigation is always complicated and yours sounds more complex than normal.
The one solution to many of life's worries is simply to laugh them off. If you feel poorly about yourself, rest assured in the knowledge that everyone else does too--and let out a light chuckle about how ridiculous it is that we all worry so much about other's thoughts and opinions. One of the better aspects of growing up and into your own skin is learning how to laugh at yourself when things don't go as planned. The act of developing self-confidence is no different. So, laugh, and see how you'll love yourself just a little bit more with each beautiful, ringing one.
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.
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.
There are, however, a number of limitations that courts impose upon pro se litigation. In Minnesota, for example, organizations such as corporations or other businesses cannot represent themselves, although Conciliation Court allows pro se representation with proper written authorization. Corporate entities are considered in the eyes of the law as a separate individual and generally need to be represented by legal counsel, rather than an individual or even the proprietor of the business. However, more obligations and obstacles on courts and litigants in connection with pro se litigation.
Reflecting on an important personal value in a self-affirmation exercise has been shown to have a broad range of beneficial effects across over 225 published studies (for reviews, see Sherman and Cohen, 2006; Cohen and Sherman, 2014). For example, a brief self-affirmation of an important personal value, such as writing about why you value friends and family, has been shown to buffer many different threats to the self, such as reducing rumination in response to failure feedback (Koole et al., 1999), lowering stress reactivity to social evaluation (Creswell et al., 2005, 2013), and in mitigating the effects of stereotype threat on academic performance in classroom settings (Cohen et al., 2006; Miyake et al., 2010). Despite this large body of work, the mechanisms of self-affirmation are not well specified, and currently two theoretical perspectives have been offered to explain how self-affirmation exerts its effects. A longstanding theoretical perspective posits that self-affirmation boosts one’s self-image for coping with self-threats (Sherman and Cohen, 2006). Although some studies provide support for this self-resources account (e.g., increasing self-esteem and self-regulatory strength; Schmeichel and Vohs, 2009; Sherman and Hartson, 2011), empirical support for this mechanistic explanation has been limited (Sherman and Cohen, 2006; Crocker et al., 2008). In contrast, a more recent theoretical perspective offers that self-affirmation enables one to transcend self-image concerns by increasing other-directed feelings (Crocker et al., 2008). In one influential study, Crocker et al. (2008) showed that affirmed participants reported greater feelings of love and connection, and that these feelings statistically explained how self-affirmation reduced defensiveness to a threatening health message.
Few places in Melville’s day could be more representative of a market society than a Mississippi steamboat. It is a place in a constant state of flux. Arrivals, departures, and the passage from one port to the next create a stream of strangers, an environment in which all interactions are constrained by the impermanence of the contact between the parties. Melville’s description of the boat is almost Heraclitean:
In a California study of family matters, one party appeared pro se in 2/3 of all domestic relations cases and in 40% of all child custody cases in 1991-95. California reports in 2001 that over 50% of the filings in custody and visitation are by pro se litigants. Urban courts report that approximately 80% of the new divorce filings are filed pro se.