Legal Spring Logo

"Your one and only source for online legal services"
Reviewing Legal Services Online
 LEGAL SPRING
     


Google
 
What are the "LEGAL CITATIONS TO PREVENT DISMISSALS"?



2/24/2004 8:00:15 AM


his is a multi-part message in MIME format.
------=_NextPart_000_0019_01C3FAAC.3C7F4B00
Content-Type: text/plain;
charset="iso-8859-1"
Content-Transfer-Encoding: quoted-printable
Any comments on the following?:
"If you file a lawsuit, your #1 concern until trial will likely be =
preventing its loss from dismissal or summary judgment. If you allow it =
to be lost, you will lose your chances of being vindicated by the =
courts, probably be charged defendant's costs - perhaps even his fees - =
as well as yours. Your case won't even reach trial or settlement until =
it leaps over the dismissal and summary judgment barriers. You are in =
greatest danger of losing your lawsuit through dismissal or summary =
judgment, if: (1) You are pro se, (2) You are suing the government or a =
gov. official, (3) You are suing a powerful corporation, celebrity, or =
friend of the judge, or (4) You are alleging Civil Rights violations or =
RICO. Your case can be dismissed - regardless of how egregious the =
injury to you - due to even a small infraction of a Rule - your merits =
may not even be considered. It could even be dismissed sua sponte - =
giving you no leave to amend, hearing, discovery, right to refile (i.e. =
dismissed "with prejudice"), and res judicata applied. This very =
informative manual describes applicable parts of about 140 precedent =
cases relating to protecting the right to survive dismissal and summary =
judgment for good cases. Citations of Authorities is broken down into =
General, Rule 12(B) and Rule 56 (Federal Rules of Civil Procedure), Pro =
Se, Civil Rights / Human Rights, Conspiracy, Alternative Theories, =
Circumstantial Evidence, Disputed Facts and Contradictory Inferences, =
Equitable Relief, Immunity (Sovereign, Absolute and Qualified), =
"Conclusory Allegations," 28 U.S.C.A. =A71915, and Long/Detailed =
Complaint Precedents. Also includes comprehensive discussions on Optimum =
Complaint Preparation, Judgment Analysis (including how judicial =
non-decisions are dealt with), Rule 8(a)(2) vs. Heightened Pleadings, =
Demurrer (some States) vs. Motion to Dismiss (Federal), Judicial =
Immunity, the Holodeck Court and how it is best overcome, Judicial =
Defamation of a Party (and applicable case precedents), Unpublished and =
Secret Law, the Corruption and Contamination of Case Law, Standing, and =
Rule 11(c) issues. While this manual is primarily geared to Federal =
Court plaintiffs, most states pattern their Rules and use the same case =
law as Federal Courts. If you are a defendant, you need to be able to =
anticipate and quickly reply to plaintiff's responses to your motions to =
dismiss and for summary judgment. Just like it is foolish to bring your =
car to a mechanic without understanding what is wrong with it, it is =
foolish to file your case pro se or bring it to an attorney without =
understanding the law and how it works. You are usually given only a few =
days to respond to a motion to dismiss or summary judgment, and legal =
research is complex, time-consuming and tedious - even if you have a law =
library nearby! You need to have the case law ammo right at your =
fingertips so you can immediately address the issues of the attack =
against you. Frank, concise and comprehensive."
Are there alternative sources/references for this kind of issue? 140 =
precedent cases is a lot of material. =20
Cites, personal experience?
mgold@ij.net
http://webmail.ij.net/webCheck.htm
------=_NextPart_000_0019_01C3FAAC.3C7F4B00
Content-Type: text/html;
charset="iso-8859-1"
Content-Transfer-Encoding: quoted-printable
<!DOCTYPE HTML PUBLIC "-//W3C//DTD HTML 4.0 Transitional//EN">
<HTML><HEAD>
<META http-equiv=3DContent-Type content=3D"text/html; =
charset=3Diso-8859-1">
<META content=3D"MSHTML 6.00.2800.1276" name=3DGENERATOR>
<STYLE></STYLE>
</HEAD>
<BODY bgColor=3D#ffffff>
<DIV><FONT face=3DArial size=3D2><FONT size=3D1>
<P></FONT></FONT><FONT face=3DArial size=3D2>Any comments on the=20
following?:</FONT></P></DIV>
<DIV><FONT face=3DArial size=3D2></FONT> </DIV>
<DIV><FONT face=3DArial size=3D2>"If you file a lawsuit, your #1 concern =
until trial=20
will likely be preventing its loss from dismissal or summary judgment. =
If you=20
allow it to be lost, you will lose your chances of being vindicated by =
the=20
courts, probably be charged defendant's costs - perhaps even his fees - =
as well=20
as yours. Your case won't even reach trial or settlement until it leaps =
over the=20
dismissal and summary judgment barriers. You are in greatest danger of =
losing=20
your lawsuit through dismissal or summary judgment, if: (1) You are pro =
se, (2)=20
You are suing the government or a gov. official, (3) You are suing a =
powerful=20
corporation, celebrity, or friend of the judge, or (4) You are alleging =
Civil=20
Rights violations or RICO. Your case can be dismissed - regardless of =
how=20
egregious the injury to you - due to even a small infraction of a Rule - =
your=20
merits may not even be considered. It could even be dismissed sua sponte =
-=20
giving you no leave to amend, hearing, discovery, right to refile (i.e.=20
dismissed "with prejudice"), and res judicata applied. This very =
informative=20
manual describes applicable parts of about 140 precedent cases relating =
to=20
protecting the right to survive dismissal and summary judgment for good =
cases.=20
Citations of Authorities is broken down into General, Rule 12(B) and =
Rule 56=20
(Federal Rules of Civil Procedure), Pro Se, Civil Rights / Human Rights, =
Conspiracy, Alternative Theories, Circumstantial Evidence, Disputed =
Facts and=20
Contradictory Inferences, Equitable Relief, Immunity (Sovereign, =
Absolute and=20
Qualified), "Conclusory Allegations," 28 U.S.C.A. =A71915, and =
Long/Detailed=20
Complaint Precedents. Also includes comprehensive discussions on Optimum =
Complaint Preparation, Judgment Analysis (including how judicial =
non-decisions=20
are dealt with), Rule 8(a)(2) vs. Heightened Pleadings, Demurrer (some =
States)=20
vs. Motion to Dismiss (Federal), Judicial Immunity, the Holodeck Court =
and how=20
it is best overcome, Judicial Defamation of a Party (and applicable case =
precedents), Unpublished and Secret Law, the Corruption and =
Contamination of=20
Case Law, Standing, and Rule 11(c) issues. While this manual is =
primarily geared=20
to Federal Court plaintiffs, most states pattern their Rules and use the =
same=20
case law as Federal Courts. If you are a defendant, you need to be able =
to=20
anticipate and quickly reply to plaintiff's responses to your motions to =
dismiss=20
and for summary judgment. Just like it is foolish to bring your car to a =
mechanic without understanding what is wrong with it, it is foolish to =
file your=20
case pro se or bring it to an attorney without understanding the law and =
how it=20
w
 
 
sactoparalegal@aol.comREMOVE (Sacramento Paralegal)
2/24/2004 6:49:07 PM


In article <001c01c3fad6$267a4b00$6401a8c0@ij.net>, <mgold@ij.net> writes:
Cites, personal experience?
Read the court rules and local rules very very carefully. Mark every deadline
date on your calendar. Do not miss a deadline.
===
Freelance Litigation Paralegal -- providing support services to attorneys ONLY
(I do not work directly for the general public:
please have your lawyer contact me)
http://hometown.aol.com/sactoparalegal/
 
 
"Arthur L. Rubin"
2/24/2004 2:16:11 PM


mgold@ij.net wrote:
Any comments on the following?:
Learn to post in plain text, rather than in HTML.
If you can't do that, you're unlikely to be able to
file documents that the Court will accept.
 
 
Report this post for offensive content


site map |  disclaimer |  privacy
All Rights Reserved, Legal Spring, Inc. 2004