So, you have to decide what your goal is: (1) To post your complaint on the web in all its vitriolic splendor and go down in a blaze of glory or (2) to win your case. If its the former, go for it! If its the latter, get some help to draft a complaint in law talk, keep it simple, and go for the bucks you need to survive. You can do that, and still keep the street war going in a forum other than the courtroom. That's the win-win approach.
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.
Let’s say you go to court and a court reporter is not present. You argue very strong points against an attorney with weak ones. Despite both the law and facts on your side, you lose. Think an appellate court will understand what went wrong and overturn the ruling? Probably not. Appellate courts will find many excuses not to overturn a lower court ruling. Without a court reporter’s transcript, an appellate court will say that the lower court was in the best position to evaluate the arguments made. Then, they’ll let the lower court decision stand. A court reporter, on the other hand, creates an official record of proceedings that can be sent to the appellate court. In the lower court, the simple presence of a court reporter greatly curtails judicial bias and bad behavior from lawyers. With that, you have a better chance of getting a fair hearing. To learn more about the effect of court reporters on judges and lawyers see, A Court Reporter Stops All Foolishness.
Some courts issue orders against self representation in civil cases. A court enjoined a former attorney from suing the new lover of her former attorney. The Superior Court of Bergen New Jersey also issued an order against pro se litigation based on a number of lawsuits that were dismissed and a failure to provide income tax returns in case sanctions might issue. The Superior Court of New Jersey issued an order prohibiting a litigant from filing new lawsuits. The Third Circuit however ruled that a restriction on pro se litigation went too far and that it could not be enforced if a litigant certified that he has new claims that were never before disposed of on the merits. The 10th Circuit ruled that before imposing filing restrictions, a district court must set forth examples of abusive filings and that if the district court did not do so, the filing restrictions must be vacated. The District of Columbia Court of Appeals wrote that "private individuals have 'a constitutional right of access to the courts', that is, the 'right to sue and defend in the courts'."
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.
(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.
My question is: Can I serve my soon to be ex-wife a Discovery request even though I’m pro se and representing myself? I was served with a request from her attorney after our hearing for temporary alimony and child support and I want to counter act with a request as well. Her attorney is taking full advantage of my pro se circumstances and incompetent knowledge of divorce law as she should. I don’t want this to be an easy win for her when I have evidence that can work in my favor. I just need to find the best way to get it in front of the judge without being bullied in the court room. I don’t know my rights as a pro se litigant and I need as much advice as possible. I picked up her financial affidavit from the clerks office and she’s leaving out a lot of income that needs to be uncovered in my case. The issue is being overwhelmed by all of her attorney deadlines and demands which sidetracks my course of action to respond in my defense appropriately.
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.
The Center helps judges and courts advance access to civil justice, especially for poor and low-income individuals, by offering resources on 15 strategies and technical assistance. It works closely with the Conference of Chief Justices, the Conference of State Court Administrators and other national court organizations to implement access-to-justice solutions.
We conducted an identical multiple regression analysis with the social performance perceptions measure as the dependent variable. Specifically, this multiple regression analysis tests whether the previous findings related to feelings of compassion also extend to affect social perceptions of performance on the storytelling task (e.g., “how competent did you [the other participant] appear in the video?”). The regression results are depicted in Table Table22. Like the compassion feelings measure, participants rated the performance of the peer video higher than the self-video [a main effect of video condition: β = -1.83, t(69) = -2.89, p = 0.005], and trait self-compassion moderated performance perceptions of the videos [trait self-compassion × video condition interaction: β = 1.50, t(69) = 2.35, p = 0.02], such that participants lower in trait self-compassion had lower performance perceptions of their own video (but trait self-compassion did not impact peer video ratings). As shown in Table Table22, our results indicate some specificity of the self-affirmation effects to self-compassionate feelings (and not to more general social perceptions): self-affirmation did not significantly impact social performance perceptions (there was no significant self-affirmation × video condition interaction, and no 3-way interaction; Table Table22), though this study may have been underpowered to detect subtle influences of self-affirmation on social performance perceptions.
Melville’s last novel was met mostly with ignorance. Perhaps it was Melville’s form and style, summed by his own words, “There are some enterprises in which a careful disorderliness is the true method.” Though more true of Moby Dick than The Confidence Man, I suspect readers still didn’t quite know what to make of a novel that, despite being orderly by comparison, was nearly three-quarters dialog; without a discerna ...more
One of the biggest mistakes pro se litigants make is not doing research. Lawyers count on pro se litigants’ ignorance of the law to win cases. The less a pro se litigant knows, the shorter the litigation process will be. A lawyer can buy a $7000 debt for $700 and pay a $100 fee to sue. Thirty or so days later, he wins a default judgment or a one-hearing judgment. He then has the right to collect the full $7000, the $100 court fee, and case-related costs. He’ll have to collect the money himself, but lawyers wouldn’t buy debt if the practice never paid off. Facing a pro se litigant in court pays off for lawyers almost all the time. Whether you’re a plaintiff or a defendant, you don’t want to get knocked out early because of lack of knowledge. Learn the laws relevant to your case. The more you know, the longer you’ll stay and the less chance a lawyer will have a windfall at your expense.
Federal courts can impose liability for the prevailing party's attorney fees to the losing party if the judge considers the case frivolous or for purpose of harassment, even when the case was voluntarily dismissed. In the case of Fox v. Vice, U.S. Supreme Court held that reasonable attorneys' fees could be awarded to the defendant under 42 U.S.C. Sec. 1988, but only for costs that the defendant would not have incurred "but for the frivolous claims." Unless there is an actual trial or judgment, if there is only pre-trial motion practice such as motions to dismiss, attorney fee shifting can only be awarded under FRCP Rule 11 and it requires that the opposing party file a Motion for Sanctions and that the court issue an order identifying the sanctioned conduct and the basis for the sanction. Pro se still has a right to appeal any order for sanctions in the higher court. In the state courts, however, each party is generally responsible only for its own attorney fees, with certain exceptions.
Proof that the plaintiff has the right to sue you. In the case of a debt buyer, the debt buyer must prove that it owns your debt by showing the court the contract of sale. This contract is called an “assignment.” The assignment must mention your debt specifically. If your debt has been bought and sold multiple times, the debt buyer must present a chain of assignments that goes all the way back to your original creditor.
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?
Under this Canon, harassment encompasses a range of conduct having no legitimate role in the workplace, including harassment that constitutes discrimination on impermissible grounds and other abusive, oppressive, or inappropriate conduct directed at judicial employees or others. See Rules for Judicial-Conduct and Judicial-Disability Proceedings, Rule 4(a)(2) (providing that “cognizable misconduct includes: (A) engaging in unwanted, offensive, or abusive sexual conduct, including sexual harassment or assault; (B) treating litigants, attorneys, judicial employees, or others in a demonstrably egregious and hostile manner; or (C) creating a hostile work environment for judicial employees”) and Rule 4(a)(3) (providing that “cognizable misconduct includes intentional discrimination on the basis of race, color, sex, gender, gender identity, pregnancy, sexual orientation, religion, national origin, age, or disability”).
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.
To avoid this disaster scenario, you should find out early on whether your opponent has the financial wherewithal to pay you if you win. Do some basic online research (e.g., Google, Bing, etc.) and social media (Facebook, Instagram, etc.). Is he employed? Does he drive a nice car? Does he appear to have disposable income (vacations, restaurants, property, possessions)?
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).
Show your best face to the world--whatever that means for you. When you feel comfortable in your own skin, everyone knows. If you like to go out in a dress and heels, or a well-cut suit, go for it. If you prefer to stay comfy in a pair of sweats and flip-flops, there's no shame in that either. Dress how you want. The You'll undoubtedly exude confident, assuring energy.
He said his interest in the law started 30 years ago when he was a teacher at Michigan City Area Schools and was in a battle with the district over a grievance. He felt one of the school's attorneys hadn't treated him fairly, telling him first he should go to arbitration and then claiming arbitration was illegal after they ruled in his favor, Vukadinovich said. Since then, he slowly started learning about the law, first reading a dictionary of legal terms and then moving on to books about the law.