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A person who is incarcerated or is otherwise in custody pursuant to court order may wish to challenge the fact or duration of his confinement. Such a challenge would be brought as a petition for writ of habeas corpus against the person or entity who holds them in custody, e.g., state or county. If the person can successfully show that a constitutional right was violated, which would have otherwise prevented the incarceration ("fact of incarceration") or the duration of the incarceration the court will grant a writ of habeas corpus.
The unauthorized reproduction or distribution of a copyrighted work is illegal. Criminal copyright infringement, including infringement without monetary gain, is investigated by the FBI and is punishable by fines and federal imprisonment. No portion of this course may be published, duplicated, shared, or used by anyone other than the currently registered subscriber.
Every pleading, motion, and other paper of a party represented by an attorney shall be signed by at least one attorney of record in the attorney's individual name, whose address shall be stated. A party who is not represented by an attorney shall sign the party's pleading, motion, or other paper and state the party's address. . . . The signature of an attorney or party constitutes a certificate by the signer that the signer has read the pleading, motion, or other paper; that to the best of the signer's knowledge, information, and belief formed after reasonable inquiry it is well grounded in fact and is warranted by existing law or a good faith argument for the extension, modification, or reversal of existing law, and that it is not interposed for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation. If a pleading, motion, or other paper is not signed, it shall be stricken unless it is signed promptly after the omission is called to the attention of the pleader or movant. If a pleading, motion, or other paper is signed in violation of this rule, the court, upon motion or upon its own initiative, shall impose upon the person who signed it, a represented party, or both, an appropriate sanction, which may include an order to pay to the other party or parties the amount of the reasonable expenses incurred because of the filing of the pleading, motion, or other paper, including a reasonable attorney's fee.
In order to overcome the limits of basic boolean searches, information systems have attempted to classify case laws and statutes into more computer friendly structures. Usually, this results in the creation of an ontology to classify the texts, based on the way a legal professional might think about them.[13] These attempt to link texts on the basis of their type, their value, and/or their topic areas. Most major legal search providers now implement some sort of classification search, such as Westlaw's “Natural Language”[14] or LexisNexis' Headnote[15] searches. Additionally, both of these services allow browsing of their classifications, via Westlaw's West Key Numbers[14] or Lexis' Headnotes.[15] Though these two search algorithms are proprietary and secret, it is known that they employ manual classification of text (though this may be computer-assisted).[13]
Against this background, it doesn’t normally make sense to interpret your adversary’s offer to “talk settlement” as a sign of weakness. Nor should you be reluctant to be the one to suggest a negotiated settlement. In fact, judges, arbitrators, and mediators routinely urge adversaries to explore settlement even if previous attempts have failed. It’s a wise person who never closes the door to a reasonable settlement.
A new United Nations report tells us that human activity is basically slaughtering the wildlife out there, killing off the species upon which our own existence is reliant. We should stop doing that, and I assume that you're with me, because we'd like a world for our grandchildren to live in so we probably should stop doing that. The thing is, to do so we should stop doing pretty much every thing it is that this report and environmentalists tell us to do.
Tyrion Lannister delivered the greatest act of strategic genius in "Game Of Thrones" with his masterful defense of King's Landing during the Battle of Blackwater Bay. Sunday night's episode revealed that he also may have sealed the fate of Daenerys Targaryen with his fatal error of convincing Jon Snow to embark on his mission to collect a wight beyond the Wall.

Do I have the time and resources available to represent myself pro se? As you can see, there is a lot of learn before representing yourself at a child custody hearing. Parents considering pro se representation should carefully consider whether they have the time, determination, and undivided attention necessary to dedicate to this task before deciding to go it alone in court. 


Following the entry of the jury’s verdict, either side may give notice of its intention to appeal. The judgment is prepared by the prevailing side and presented to the court for entry. These post-trial motions usually set out why the jury’s verdict should be disregarded or why the judgment submitted by the other side should be more in keeping with the jury’s verdict. Local Rule 58.1.

Times change and occasionally so too does the legal profession. In 2013, the House of Delegates of the American Bar Association passed a resolution “encouraging practitioners—when appropriate—to consider limiting the scope of their representation, including the unbundling of legal services as a means of increasing access to legal services.” Now, many attorneys provide a hybrid form of legal representation generally known as “limited-scope” or “unbundled representation.”


James Traficant, the colorful congressman from Ohio, defended himself twice. The first time was on bribery charges during his time as a local sheriff in the early 80s. He succeeded with a daring argument that his bribe-taking was really part of a corruption investigation that he himself was running. The second time didn't work out so well. He was convicted of some impropriety with campaign funds, got kicked out of the House, and went to prison for several years.
Another popular method of resolving disputes outside of court is mediation, which is generally less formal and less costly than arbitration. Mediation is a voluntary process in which you meet with your adversary in the company of a neutral third person, the mediator. The mediator has no power to impose a solution; rather, the mediator’s role is to facilitate settlement by clarifying each party’s position, encouraging cooper­ation, and suggesting possible solutions. Professional mediators charge for their services, typically by the hour. Normally, the parties split the mediator’s fee.
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?
Though arbitration proceedings are generally less formal than trials, most of the principles ­described in this book also apply to arbitration. As in a trial, you and your adversary present evidence to the arbitrator through your own testimony and the testimony of witnesses. Like a judge, an arbitrator evaluates the credibility and legal significance of evidence to decide whether you win or lose the case.
Another popular method of resolving disputes outside of court is mediation, which is generally less formal and less costly than arbitration. Mediation is a voluntary process in which you meet with your adversary in the company of a neutral third person, the mediator. The mediator has no power to impose a solution; rather, the mediator’s role is to facilitate settlement by clarifying each party’s position, encouraging cooper­ation, and suggesting possible solutions. Professional mediators charge for their services, typically by the hour. Normally, the parties split the mediator’s fee.
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.

This is ClassAction.org's current list of open lawsuits and investigations. The goal of this section is to provide consumers with a comprehensive resource on class action and mass tort lawsuits. Attorneys are either actively filing these cases or investigating to determine whether lawsuits can be filed. The list is updated frequently, so check back soon for updates.


In the years since this book first appeared, the number of people representing themselves in civil court cases has continued to grow. A recent collection of statistics by the National Center for State Courts shows that the vast majority of family law cases involve at least one, and often two, self-represented parties. In California, over 4.3 million people using the courts are self-represented; in New Hampshire, 85% of civil cases in the trial court involve at least one self-represented party. Many courts report an upsurge in self-representation. (Memorandum on Pro Se Statistics, 9/25/2006, National Center for State Courts, available at www.ncsconline.org/WC/publications/memos/prosestatsmemo.htm.) Other research indicates that at least one party was self-represented in more than two-thirds of domestic relations cases in California and in nearly 90% of divorce cases in Phoenix, Arizona, and Washington, DC. (See Jona Goldschmidt, et al., Meeting the Challenge of Pro Se Litigation: A Report and Guidebook for Judges and Court Managers, A Consumer Based Approach (1998).) These studies are substantiated by many civil court administrators and judges, who estimate that the number of self-represented
Authority is the information used to convince a court how to apply the law to the facts of a case. Legal authority is divided into two classes -- primary and secondary. There are two sources of primary authority: (1) constitutions, codes, statutes, and ordinances; and (2) court decisions, preferably from the same jurisdiction where the case is filed. Secondary authority, which is not cited except in certain circumstances, is found in legal encyclopedias, legal texts, treatises, law review articles, and court cases in other jurisdictions.
The news provides the first instance of individual telco customers pushing to be awarded damages after Motherboard revealed in January that AT&T, T-Mobile, and Sprint had all sold access to the real-time location of their customers’ phones to a network of middlemen companies, before ending up in the hands of bounty hunters. Motherboard previously paid a source $300 to successfully geolocate a T-Mobile phone through this supply chain of data.
Do I have a basic understanding of the required court documents? Mounds of documents can be very intimidating to a lot of people, legal officials included. Parents considering pro se representation should become familiar with various types of family law documents. Again, become friendly with the court clerk and ask for his or her help identifying the correct forms, where to get them, when they are due, and how they should be submitted. 
According to Boston Bar Association Task Force 1998 report in every court studied by the task force, litigants without lawyers are present in surprising numbers. In some counties, over 75% of the cases in Probate and Family Courts have at least one party unrepresented. In the Northeast Housing Court, over 50% of the landlords and 92% of the tenants appear without lawyers in summary process cases.[40]
Kessler had alleged that the Duffer brothers stole his idea for the series after the trio got to talking at a reception for a 2014 screening of “Honeymoon” at the Tribeca Film Festival. Kessler said he pitched the brothers an idea for a project based on urban legends about a decommissioned military installation in Montauk, New York. He said he was stunned a year later when Netflix announced the Duffer brothers’ show, which contained similar themes and was originally titled “Montauk.”
Many pro se resources come from these sources: local courts, which may offer limited self-help assistance;[62] public interest groups, such as the American Bar Association, which sponsors reform and promotes resources for self-help[citation needed], and commercial services, which sell pre-made forms allowing self-represented parties to have formally correct documents. For example, the Self-Represented Litigation Network (SRLN) is an organization whose web site, srln.org, is dedicated to issues related to self-represented litigation and offers a curated resource library for legal professionals (courts, lawyers, and allies) engaged in pro se litigation. The organization provides no assistance with particular complaints.[63] "Self-help" legal service providers must take care not to cross the line into giving advice, in order to avoid "unauthorized practice of law", which in the U.S. is the unlawful act of a non-lawyer practicing law.[64]
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.[27][28]
In Kessler’s account of the 2014 cocktail reception, Matt Duffer said, “We should work together. What are you working on?” He said he told the brothers a short film he had made about a mysterious disappearance in Montauk, and said he was seeking to produce a feature. He told the brothers where to find more information about the project online. He never heard from them again, and assumed they had no interest.
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.
Pro se representation presents unique but not insurmountable challenges for claimants and the legal system. In Louisiana, for instance, 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.[38] According to Erica J. Hashimoto, an assistant professor at the Georgia School of Law,:
Do I have the time and resources available to represent myself pro se? As you can see, there is a lot of learn before representing yourself at a child custody hearing. Parents considering pro se representation should carefully consider whether they have the time, determination, and undivided attention necessary to dedicate to this task before deciding to go it alone in court. 
A jury trial begins with the judge choosing prospective jurors to be called for voir dire (examination). Local Rule 47.1. The jury box shall be filled before examination on voir dire and the Court will examine the jurors as to their qualifications. Not less than five (5) days before trial, the parties are to submit written requests for voir dire questions. Unless otherwise ordered, six (6) jurors plus a number of jurors equal to the total number of preemptory challenges which are allowed by law shall be called to complete the initial panel. Local Rule 48.1. After voir dire of all prospective jurors, a jury of six (6) is named and instructed by the judge regarding the issues they will be deciding. Local Rule 51.1.

Application of standard information retrieval techniques to legal text can be more difficult than application in other subjects. One key problem is that the law rarely has an inherent taxonomy.[7] Instead, the law is generally filled with open-ended terms, which may change over time.[7] This can be especially true in common law countries, where each decided case can subtly change the meaning of a certain word or phrase.[8]

In order to overcome the limits of basic boolean searches, information systems have attempted to classify case laws and statutes into more computer friendly structures. Usually, this results in the creation of an ontology to classify the texts, based on the way a legal professional might think about them.[13] These attempt to link texts on the basis of their type, their value, and/or their topic areas. Most major legal search providers now implement some sort of classification search, such as Westlaw's “Natural Language”[14] or LexisNexis' Headnote[15] searches. Additionally, both of these services allow browsing of their classifications, via Westlaw's West Key Numbers[14] or Lexis' Headnotes.[15] Though these two search algorithms are proprietary and secret, it is known that they employ manual classification of text (though this may be computer-assisted).[13]

It sounds like you are on the right path and are doing things correctly. Since the defendant hasn’t complied with the rules and has failed to either admit, deny, or object to your requests, it seems clear that the judge will not have much other choice other than to issue an order deeming the matters as admitted under ORCP Rule 45. And congratulations for submitting requests for admissions, many pro se’s make the mistake of not submitting requests for admissions in their litigations. Requests for Admissions can be very crucial to a case and it is a mistake not to submit them to the opposing party. Hopefully the judge in your case will follow the governing rule and issue an order deeming the matters from your requests as admitted. That will certainly help you prove your case and as you said, will also potentially alleviate your having to drag some witnesses into court against their will to testify. Good for you for holding your own and overcoming the “overwhelming” factor and resisting folding your hand. And good for you for not allowing the defendant’s lawyer into bluffing you and trying to intimidate you into giving up. This is what unscrupulous lawyers try to do, and unfortunately, it works many times. It sounds like you are doing a great job holding your own. You are doing a great job on how you are handling the requests for admissions issues. Keep up the good work! I wish you the best!
Understanding the procedures and techniques described here will help you present a persuasive, legally proper case whether you are a plaintiff (meaning that you have filed a lawsuit yourself) or a defendant (meaning that you have been sued). Illustrated with sample forms, pleadings, and courtroom dialogues, the book will take you through the litigation process step by step, from deciding whether you have a valid legal claim or defense to preparing an appeal if you lose.
Prior to the actual trial, a pretrial conference is usually held between the trial judge and counsel to determine if all discovery has been completed, what exhibits and witnesses each side might use during the trial, the approximate length of time that will be necessary for the trial, and what ground rules the judge will require before, during, and after the trial. After the conference, a pretrial order is usually prepared which sets out the above.
Legal information retrieval is the science of information retrieval applied to legal text, including legislation, case law, and scholarly works.[1] Accurate legal information retrieval is important to provide access to the law to laymen and legal professionals. Its importance has increased because of the vast and quickly increasing amount of legal documents available through electronic means.[2] Legal information retrieval is a part of the growing field of legal informatics.
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.[27][28]
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At trial, each person presents witnesses and the evidence collected is recorded. After this occurs, the judge or jury renders their decision. Generally speaking, the plaintiff has the burden of proof in making his claims, however, the defendant may have the burden of proof on other issues, such as affirmative defenses. The attorneys are held responsible in devising a trial strategy that ensures they meet the necessary elements of their case or (when the opposing party has the burden of proof) to ensure the opponent will not be able to meet his or her burden.
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