The confidence-man occupies the point of slippage between trust and distrust. If you distrust me, he says, you must distrust all men, and what a wretched way to live that would be. If you trust all men, he says, and I am a man, you must trust me. As he argues, he relies on an image of humanity in the abstract that is to be trusted, and from that he derives his own trustworthiness. This is the same move we have to make to have trust under capitalism. In a pre-modern community, trust is always specific, given to particular individuals based on a complex network of social ties. Under capitalism, trust is generalized, given to people and things on the basis of their being instances of abstract conditions. A dollar bill, a brand of product, an anonymous stranger are all trustworthy because of their resemblance to other things, not their specific qualities.
The civil legal needs of both low- and moderate-income individuals in the United States are not being met.2 The need for legal assistance by over one hundred million people in this country is dire.3 Today’s courts look nothing like the ideal. Around the country, state and federal courts regularly encounter pro se litigants: that is, litigants without attorney representation.4 When opposed by an adversary with a lawyer, litigants representing themselves often lose even when the merits of the case favor them. The imbalance leads to injustice.
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.
Christa Adkins, the owner of Pro Se One Stop Legal Document Services, LLC, offers highly personalized services to her customers because she has stood in their shoes and knows the fears and frustrations of navigating the legal system alone. Christa is not an attorney, but dedicates her heart and soul to helping other pro se litigants navigate the legal system and fill out their legal documents and forms. Christa has been highly successful in her own pro se endeavors. In 2016, she took her first appeal to the Third District Court of Appeal and successfully had the trial court reversed. Additionally, in 2016 she filed a successful pro se motion for disqualification of the trial judge and the trial judge was removed from her case. In 2017 Christa successfully submitted a pro se Petition for Writ of Certiorari to the Third District Court of Appeal. Her petition was granted.
The Connecticut Supreme Court narrowed criminal defendant's right to self representation, stating that "we are free to adopt for mentally ill or mentally incapacitated defendants who wish to represent themselves at trial a competency standard that differs from the standard for determining whether such a defendant is competent to stand trial". A Senior Assistant State's Attorney explained that the new standard essentially allows judges to consider whether the defendants are competent enough to perform the skills needed to defend themselves, including composing questions for voir dire and witnesses.
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.
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?
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.
One never steps into the same society twice? In this assembly of strangers, a man one meets one day will in all likelihood never be seen again. It’s a world of anonymity, shifting identity, and, because of this, mistrust. In a close-knit community, neighbors might think nothing of owing each other debts to be repaid at some indefinite point in the future, but not so much on a moving ship.
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.
The American Bar Association (ABA) has also been involved with issues related to self-representation. In 2008, the Louis M. Brown Award for Legal Access was presented to the Chicago-Kent College of Law Center for Access to Justice & Technology for making justice more accessible to the public through the use of the Internet in teaching, legal practice and public access to the law. Their A2J Author Project is a software tool that empowers those from the courts, legal services programs and educational institutions to create guided interviews resulting in document assembly, electronic filing and data collection. Viewers using A2J to go through a guided interview are led down a virtual pathway to the courthouse. As they answer simple questions about their legal issue, the technology then "translates" the answers to create, or assemble, the documents that are needed for filing with the court.
A judge should be sensitive to possible abuse of the prestige of office. A judge should not initiate communications to a sentencing judge or a probation or corrections officer but may provide information to such persons in response to a formal request. Judges may participate in the process of judicial selection by cooperating with appointing authorities and screening committees seeking names for consideration and by responding to official inquiries concerning a person being considered for a judgeship.
A manipulation check confirmed that participants in the experimental condition identified with their chosen value and found meaning through the writing exercise as compared to the control group. Affirmed participants strongly agreed that the value they wrote about was important to their self-identity (M = 5.67; SD = 0.39), while control participants disagreed (M = 3.40, SD = 0.93) [F(1,73) = 196.32, p < 0.0005], indicating that affirmed participants found personal value in their topic.
You will deal with all sorts of absurdities, injustices and indignities. You will be told nonsense and lies with people looking you straight in the eye. You must learn to stare absurdities, injustices and indignities square in the face without losing your cool while still defending yourself. Being outraged or emotional does NOT carry the weight it may carry outside the courtroom.
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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.