Thank you for addressing this. I am being shamed by the Judge and the attorneys. I have been told each time l need to hire an attorney to represent me. I have been consistent and complying with rules. Every time the judge tells me to hire counsel. I said l can not afford one and it makes me look stupid but l keep very respectful and polite and professional. I have been shamed a lot but l am going to keep going. Thank you.
Hi. Don't worry about looking stupid. Keep in mind that it's not unusual for a judge to recommend to a pro se to hire an attorney because they know litigation is difficult. However, you are there and know the temperament of the judge. Nonetheless, continue to be consistent and follow any rules and instructions the Court might give you. I'm glad you are encouraged to keep going. Best.
The law is available to all of us. I’m (still) amazed at how I’m referred to hire a lawyer every time I speak to someone. I hired one who did nothing, but take my $, work with the plaintiff and judge. I’m filing my own complaint.
The legal world is very political. In terms of pro se litigation there's an inherent incentives for pro se litigants to not succeed in court. It's does not benefit the legal profession for pre so reps to win cases at an high rate because attorneys become less valuable. On top of that it's an ego element as to who do you think you are, thinking you can come in here without going through all the educational requirements as we did. it's hardly ever about justice and what's right but about money and protection of business/corporations.
I have been calling to boycott lawyers. If no party hires a lawyer, the judge would be forced to hear it raw without a lawyer legal manipulation and both parties save on legal costs
@@nadiasaidi8937This all sounds good, and I mostly agree. However, it's not always possible without first changing the laws in place in just about every state. For example, if you are the registered agent of an LLC or Corporation, you can only legally represent that entity to the extent of avoiding a default judgement, filing of the initial complaint or answer to a complaint, pre-trial.motions and maybe participate pre-trial processes such as discovery and trying to reach a settlement before trial. Any further than that, it would be like acting as a lawyer for your friend. You will be in violation of law if you attempt to litigate. Even if you are not immediately stopped or warned by the court or opposing party for "unauthorized practice", the court MAY not put into record any arguments, cross examinations, evidence, etc etc. The court may allow it and string you along, knowing full well what your fate may be (especially if the opposing party is represented by a licensed attorney/lawyer). Why? Because it's against the law. You as an individual and your registered company are two completely separate legal entities. I'm putting this out there for anyone who may come across this. If you are in this situation, beware. You can be sanctioned (monetarily) and will ultimately lose your case, unfortunately, even if you initially win. It only takes a motion filed by the opposition. Do your research!
This is EXACTLY right. It's been my experience for years. I have always said that they behave with a "closed-shop" attitude, acting as though they are a labor union protecting a skilled labor trade. They expect you to pay one of their pals for subpar representation that often amounts to a draw rather than a win, and they use every conceivable tactic at their disposal either to frighten you into submission or just to outright deny due process. The double-standard in the tribunal is often palpable and odious. But hey Ms. Lucinda, I am in need of some help. I have filed a state civil rights complaint in the state of New Jersey asserting numerous claims concerning the role of several prosecutors at both the Superior and Municipal Court levels, all of whom have conspired to turn me, the original victim, into a newfangled defendant. Why? The situation arose out of an attack on my person last year at the local VOA shelter. Two staff, one of whom was a supervisor, committed an aggravated assault on me--one with a weapon in his hand--because I was missing items out of my locker and began frantically asking where they were. The two men attacked me on camera, unprovoked, and I had two front teeth kicked out in the process. I also have an eyewitness to the entire scenario who has provided a statement. The problem is that the state prosecutors tried to downgrade and dismiss their charges for agg. assault without telling me (I have a felonious history and was engaged in criminal litigation during the pendancy of the investigation against my attackers). I eventually discovered by happenstance that the state prosecutors had downgraded the charges back down to municipal court. I began appearing at the hearings and demanding a copy of the video and refusing to allow the one remaining attacker to be let go with a "disorderly conduct." That is when I was ultimately charged. But that didn't even happen until, several times, I had threatened on paper to file a state civil rights claim for their numerous violations of NJ Constitution Art. 1, para. 22. I was the unquestionable victim for almost a year, until this turn of events. Obviously this is the abridged version and I can provide the entire complaint if you're curious. As it stands, I have served all 8 defendants with my state civil rights complaint under NJ Stat. 10:6-1(c) and so far have received only one motion to dismiss from county counsel representing the two municipal court prosecutors. Of course they rely on Imbler v. Pachtman. However, I had based my complaint on an email I received in which the current prosecutor himself admits that he was "trying to ascertain what [I] had in [my] hands in the video because the defendants claimed it was a weapon." Aside from the fact that I know what happened in that video, and that I did NOT have anything in my hands (implying that he did not actually watch it or is lying about what he claims to have seen in it), his premise places him squarely within the exceptions to Imbler, namely, that he was acting in the role of an investigator rather than just a prosecutor. In any case, isn't an affirmative defense like absolute immunity supposed to be raised in a motion for summary judgement rather than in the motion to dismiss? Or does that not matter? That might be small procedural technicality I might attempt to raise in addition to my other rebuttals. In short, I am suing them in their role as investigators, and at the core of my claims is (1) I had made them aware in writing several times that I was considering filing a civil suit for their violations of my rights under NJ Const. Art.1, para. 22.; and (2) that it wasn't until those warnings that the state and the defendant's attorney sought to eviscerate those rights by the simple expedient of conspiring to make knowingly false claims before a judge, thereby converting me from a victim under the aegis of Art.1, para. 22, to a criminal defendant, whose punishment by the process is designed ultimately to conceal the tortious conduct at the VOA. I don't know what a case like this is worth, but my instincts tell me it's getting close to 7 figures. The problem is that I am up against enormous corruption, and even the A.C.L.U. has completely ignored me. So is there a way you could possibly help me, perhaps by email? Maybe at least you could help with a referral, but I would have to speak more at length privately to fill in some of the details. Thanx for reading this long comment, anyway.
Hi. I don't know where you are in the process. Get familiar with the Pro Se Handbook that's at the end of this video. Also, be sure to follow the Scheduling Order that you and opposing counsel agreed to and that the judge signed. Best.
@@advocatelucindaLucinda Hi In your reply above you mention "Pro Se Handbook" at end of video. But it's not here. Will you Please post link to it?? Thank you in advance
The following link is the Federal Bar Pro Se Handbook: www.fedbar.org/wp-content/uploads/2019/12/Pro-Se-Handbook-APPROVED-v2019-2.pdf. Also, your jurisdiction should have a Pro Se Handbook. Go to the court's website or ask the court's clerk how you can download the handbook.
I’m not tired yet. They want me to stop. Hell naw. I’m filing a motion for another judge. He ignored my evidence. He abused his power. Abuse of discretion. He is not above the law. ASE!
@jolantahill787 I feel that way at times. Muster up the strength to keep going! Putting things in your way is apart of their plan to make you give up. Send them a big F.U. and keep going!! These courts rely on pro se litigants ignorance of the law. Do your research, quote the law and fight.
Dear AdvocateLucinda, You are an enormous support in Our fight against EmploymentDiscrimination. Both emotionally and mentally❤️ I am very grateful for all your brilliant videos😊
Lucinda, thank you for creating these videos. I had a court hearing last Friday where I was the plaintiff, suing a car dealership for fraudulent practices. The transaction had multiple issues, including selling me a car that had been in a flood without disclosing it. A few days later, I discovered water in the trunk, a rusted car jack, and upon further inspection, a rusted engine block. During the court proceedings, I faced challenges despite having laws in New Jersey against selling flood-damaged cars. I presented photo evidence and an estimate of the damage I found online, but the judge didn't seem receptive. The dealership used an emissions testing report from the state of Connecticut, dictated by the Clean Air Act, to argue that the car was in good condition when I purchased it. They also relied on a Carfax report, which may not capture all relevant information. The dealership even performed bodywork on the car the same day I bought it, attempting to conceal it from me. I uncovered this information by piecing together details and noticing paint discrepancies on one of the fenders. In essence, I feel like I've been scammed, and unfortunately, the court ruling did not go in my favor. Now, to seek justice, I am contemplating an appeal. However, the prospect involves spending around $1,500 between obtaining additional estimates and hiring a lawyer, to potentially get $3000 in damages to the car. It's a significant financial commitment, but I believe it's necessary to hold the dealership accountable for its deceptive practices.
I have experienced this very same thing. Shame game. It put them ahead of the situation. I am now years stuck. I will now do discoveries. I have every right, too. They were found guilty at the state level. This was filed at the local level. This was excellent to hear.
Thank you, and this video just in time as one who has been through a non-judicial foreclosure I can attest, I was denied due process, fair and impartial hearing, stonewalling, disinformation under color of law by clerks who did everything to confuse, distract, delay and basically obstruct justice. The feeling of intensely been violated, discriminated against, taken advantage of, disrespected, you name it. It was all odds stacked in plaintiff's favor. Fool me once shame on you, fool me twice shame on me. My second round should turn out in my favor since watching this, I have a better idea on how to handle it next time. Great work, no words to express my deep gratitude for your help and assistance to pro-se like me. I have no choice no attorneys would help even though I've amassed a book of evidence. Your video collection is a helpful resource, thanks x 3!!!
I have experienced the same thing as a pro se litigant in my jurisdiction. I was eventually forced to hire an attorney under a "limited representation clause" just to get the court to even process (as in respond at all or provide a decision on a motion for instance) my court filings. Until I had and Esq's citation across my legal forms I was unable to even be heard or to bring my case further. Which is doubly atrocious in that I was involved in a family court matter where well over 90% of all litigants are pro se's. Judicial discrimination. Also, if you complain and send the complaint up through for the administrating Magistrate's review, you will now have a very prejudicial judge overseeing your case against you after you've made your formal complaints about them. And good luck having them replaced with a new judge. #PowerInbalance = discrimination
Yes, litigation is serious and challenging. And even more so as pro se and a cancer patient. Call your State Bar and ask for a list of pro bono attorneys that you can call and ask to represent you. Call these two organizations as well: your State Legal Aid and Women's Bar Association. Don't give up. Best.
@@advocatelucinda I have call the state Bar. I even called out of my state. No one wants to take a case that another attorney had. Also the defendants falsified my medical records. So I (myself) had to read and pdf scan over a thousands papers. The prior attorneys gave me my case file for free. They didn’t work in my favor. I had to prove on my own. Which I did. Comparing medical codes etc. As a voter and citizen with no criminal record. My state is failing me. 4 aggressive chemos within 3 years. Based upon their failure. I don’t even have other social media accounts to ask for a Go fund me. Only RUclips. Yet I’m not even on here begging.
Some nights my brain literally hurts from all the reading. It is hard, physically, mentally, and emotionaly. Even more so when you have a speech impediment like I do.
It's purposely written by sophists so self taught people have a hard time comprehending it. They bog you down mentally with procedures and decorum, before ever getting into the actual Law.
This is why I believe people need to study law and get good at it before a situation arises. Studying Rules of evidence, rules of procedure, court rules, statutes, codes, case law, learning how to write documents, and how to keep your cases organized. It’s not rocket science but it definitely is a quite a bit to take in.
This is EXACTLY right. It's been my experience for years. I have always said that they behave with a "closed-shop" attitude, acting as though they are a labor union protecting a skilled labor trade. They expect you to pay one of their pals for subpar representation that often amounts to a draw rather than a win, and they use every conceivable tactic at their disposal either to frighten you into submission or just to outright deny due process. The double-standard in the tribunal is often palpable and odious. But hey Ms. Lucinda, I am in need of some help. I have filed a state civil rights complaint in the state of New Jersey asserting numerous claims concerning the role of several prosecutors at both the Superior and Municipal Court levels, all of whom have conspired to turn me, the original victim, into a newfangled defendant. Why? The situation arose out of an attack on my person last year at the local VOA shelter. Two staff, one of whom was a supervisor, committed an aggravated assault on me--one with a weapon in his hand--because I was missing items out of my locker and began frantically asking where they were. The two men attacked me on camera, unprovoked, and I had two front teeth kicked out in the process. I also have an eyewitness to the entire scenario who has provided a statement. The problem is that the state prosecutors tried to downgrade and dismiss their charges for agg. assault without telling me (I have a felonious history and was engaged in criminal litigation during the pendancy of the investigation against my attackers). I eventually discovered by happenstance that the state prosecutors had downgraded the charges back down to municipal court. I began appearing at the hearings and demanding a copy of the video and refusing to allow the one remaining attacker to be let go with a "disorderly conduct." That is when I was ultimately charged. But that didn't even happen until, several times, I had threatened on paper to file a state civil rights claim for their numerous violations of NJ Constitution Art. 1, para. 22. I was the unquestionable victim for almost a year, until this turn of events. Obviously this is the abridged version and I can provide the entire complaint if you're curious. As it stands, I have served all 8 defendants with my state civil rights complaint under NJ Stat. 10:6-1(c) and so far have received only one motion to dismiss from county counsel representing the two municipal court prosecutors. Of course they rely on Imbler v. Pachtman. However, I had based my complaint on an email I received in which the current prosecutor himself admits that he was "trying to ascertain what [I] had in [my] hands in the video because the defendants claimed it was a weapon." Aside from the fact that I know what happened in that video, and that I did NOT have anything in my hands (implying that he did not actually watch it or is lying about what he claims to have seen in it), his premise places him squarely within the exceptions to Imbler, namely, that he was acting in the role of an investigator rather than just a prosecutor. In any case, isn't an affirmative defense like absolute immunity supposed to be raised in a motion for summary judgement rather than in the motion to dismiss? Or does that not matter? That might be small procedural technicality I might attempt to raise in addition to my other rebuttals. In short, I am suing them in their role as investigators, and at the core of my claims is (1) I had made them aware in writing several times that I was considering filing a civil suit for their violations of my rights under NJ Const. Art.1, para. 22.; and (2) that it wasn't until those warnings that the state and the defendant's attorney sought to eviscerate those rights by the simple expedient of conspiring to make knowingly false claims before a judge, thereby converting me from a victim under the aegis of Art.1, para. 22, to a criminal defendant, whose punishment by the process is designed ultimately to conceal the tortious conduct at the VOA. I don't know what a case like this is worth, but my instincts tell me it's getting close to 7 figures. The problem is that I am up against enormous corruption, and even the A.C.L.U. has completely ignored me. So is there a way you could possibly help me, perhaps by email? Maybe at least you could help with a referral, but I would have to speak more at length privately to fill in some of the details. Thanx for reading this long comment, anyway.
Thank you and I really appreciate the way you broke everything down and agree with you because you're right it's a process I won several small claim cases on my own, and surprisingly.... I got my own child support discharged in Michigan..... I plan on continuing to study law, my friend said I should be an attorney but I don't think I want that kind of workload.
the inverse is true, when attempting by discourse to get someone to perform according the clear precedent. You will have to file a Complaint to get their attention (don't even bother with the threat to sue, after it is clear that they are brain-bound). In a situation that I am dealing with (not the intactivism case, but concerning power to a propert surrounded by national forest land; public forest road vehicle access long established), this applies (from Justice, Expediency, and Beauty by Schwartz, Louis B.): "I neither favor nor forecast a sharp turnabout in the law of judicial review of administrative decisions. The practicalities of administrative law are that regulated industries tend to acquire dominant influence over the agencies supposed to control them."New appointees to a commission can drastically revise the impact of the law they administer, with little or no reference to the statutory language or congressional intent. The political and commercial pressures on agencies tend to convert them into forums for compromise between pressure groups. This process should not remain unchecked, free of the rationalizing discipline of the relatively independent judicial system."
SO true. I’ve learned (probably) more than I wanted to know, but with state courts ignoring the law and attorneys NOT representing who they pretend to be, I cannot walk away without trying to help others from the (unlawful) dispossession of property that is rampant.
I have experienced the same thing as a pro se litigant in my jurisdiction. I was eventually forced to hire an attorney under a "limited representation clause" just to get the court to even process (as in respond at all or provide a decision on a motion for instance) my court filings. Until I had an Esq's citation across my legal forms, I was unable to even be heard or to bring my case further. Which was doubly atrocious in that I was involved in a family court matter where well over 90% of all litigants are pro se's. Judicial discrimination. Also, if you complain and send the complaint up through for the administrating Magistrate's review, you will now have a very prejudicial judge overseeing your case against you after you've made your formal complaints about them. And good luck having them replaced with a new judge. #PowerInbalance = discrimination
Speaks the truth!!! Pro se litigants really dont get a fair shake. The only way to combat this is to just educate educate educate- through channels like this!!!! Otherwise they will take advantage !
Vermont Constitution Article 4 ( remedy at law secured to all) Every person of this state ought to find a certain remedy, by having recourse to the laws, for all injuries or wrongs which one may recieve to person , property or character; every person ought to obtain right and justice freely, without being obliged to purchase it; completely and without any denial; promptly and without delay; comfortably to the laws. Thank you Lucinda for your enheartening calm.
is a letter to the clerk of the court considered a response to a motion for sanctions in the 9th circuit court of appeals? can the appellee be sanctioned when they rely on hearsay, as basis to dismiss a case in the 9th circuit court appeals? can the government attorney (DOL Solicitor) ignore sanctions in the 9th circuit court appeals?
Love your help,I have a question I had 21 days to amended 5 complaint judge defendant request, during the 21 days time period the defendant's was asking the judge to denie my amended, we'll I hand them in late all 5 different days,we'll all the defendants filed non conforming what should I do also thier a new defendant that getting ready to be added on your the law suit what should I do
Hi. It sounds like defendant filed a motion to dismiss your complaint? You would respond. Likewise, if defendant files a motion to add a party, you would respond, unless you wouldn't object to the addition.. Best.
@idontthinkyouknowme8903 I learned through these videos to look at it as "tactical war"... So say if your state allows 45 interrogatories right... With 30 day deadline to get a response.... Send 7 interrogatories every other week. Same with Request for Admissions. They'll have to keep track of every deadline. With Admissions....no response, everything is deamed admitted. Boom! Tactical War.
On my first trial day as a pro se litigant I was made to hear testimony of a witness against me in open court. After the witness concluded their statements against me I was allowed to question them on cross. I proceeded then to calmly ask pointed questions relevant to the case and to their testimony. A few questions in, the witness became belligerent and raised their voice shouting, "I don't have to be doing this! I aint gonna answerer these #$@@*^%$ questions!" And then proceeded to get up from the witness stand and to march away. The judge was silent. I looked up at the judge on the bench and the judge looked down at me maintaining eye contact. As the witness then walked off the witness stand and out into open court, still cussing and raising their voice in a blatantly disruptive manner, I motioned to the judge to compel the witness to respond, as was now my constitutional right from someone who was just allowed to bring testimony against me in open court and on the record. The judge flatly denied my motion and dismissed my argument of judicial procedure and contempt of court without missing a beat and allowed this travesty to go unchecked. Yes, I have had many similar incidents and accounts take place that are outrageous while navigating the superior court system as a pro se lol
For a pro se to litigate in a trial is commendable. It takes courage and confidence. I don't know the final outcome of your case; nevertheless, I salute you.
Hi. The Caselaw Access Project is a good site. And, it's free. Here is the link: case.law/ Sometime ago, I uploaded a video and demonstrated how to use the site. Here is the link to the video: ruclips.net/video/mC5teDhnxCo/видео.html. Of course, there are other (paid) research sites, such as Casetext and West Law. Best.
Question - judge purposely held off scheduling my motion hearing until they cd schedule an eviction for same day. I KNOW the court was working with the attorney but not sure what my best next steps are. Recuse judge?
Hi. The question is whether the facts and the law would support a Motion to Recuse. This ABA article sets forth the disqualification of a judge. I hope it helps. Best. www.americanbar.org/groups/professional_responsibility/publications/model_code_of_judicial_conduct/model_code_of_judicial_conduct_canon_2/rule2_11disqualification/
Dealing with lawyers that are awful and unprofessional right now. Thinking in filing complaints against them and their law firms with the bar association.
If you haven't already and you are in a position to do so, consider expressing your feelings to the attorney and/or the firm, before you file a bar complaint.
Hi The following link is a map of the circuit courts, where yoiu can conduct research. case.law/. The next link is a video I uploaded that explains how to use the map: ruclips.net/video/mC5teDhnxCo/видео.html Best.
I am being shames as i am defendant prose in a cause of action to an obviously forged document the plaintiff is my sister and brother in law and there counsel is his brother she is Sueing for breach of contract because i refused to sell my half of our fathers house we inherited i can prove the doc is forged and that at the time they claim the document was made i was legally barred by the federal government from entering into any financial contracts. a contract would violate 18 USC 3563(b)(22),18 USC 3664(d)(3). these facts were addressed in my answer. should i file a motion to dismiss or should i just let it go to trial?
Judge allowed an untimely filing. I had a default judgement hearing cause they didn’t respond in a timely manner . I filed a motion to strike their answer and the judge didn’t allow it he denied it and set it for pre trial mediation
I had been pro se thru EEOC , UC hearing, and till yesterday in second civil suit. I took an attorney to a mediation and they were just as terrible with Him there. I actually made me feel better because I was taking it personally. Not sure what is coming up we are in discovery and the man that helped me has another friend that may take case on. Has to be contingency cause I don’t have two nickels. I did learn that their defense is based on because they said so. Again thank you for these videos and the encouragement.
Plantiff Pro se here...was shamed by defendant attorney....i won in court today! Judge told him he should take the time to make sure his client is properly trained in their own policies (municipal agency) before they take away a clients protected interests! 😂 During the process judge even "suggested" i retain an attorney for the case. Told him couldnt afford one... they want retainer up front. I could ask for fees IF i won but if i lose, i still have to pay my attorney. I digress...i won my case, thanked the judge as courtesy and held my head up as i walked past the attorney. Ehen i got to the hallway i thanked God first and then Google University second. Smiled all the way home😂😊😊😊
First thing that happens before your case gets dismissed is that you get shamed for not stating the statutes, although you have stated violation of Fourteenth Amendment under Section 1983, you have to explain your protected activity was under the First Amendment to seek redress in the courts. Now your on the offense to conduct discovery which will be denied, you can't force municipal defendant's to provide any evidence, so you can make determinating fact. A custom or policy is not established based on one incident, so the pro se litigant is kicked out the door, until a dozen violations of rights are established.
99% of civil rights appeals will get dismissed unless the material evidence is already reviewed under judicial notice and with motion for protective order being granted.
I’m pro se in family court and shamed at every hearing my white husband and his white lawyer are so condescending I feel awful and I’m the abuse survivor and a person of color
Sounds like you need support. Contact your Legal Aid office for representation. Otherwise, respond to every filing and be prepared for every hearing. Be brave and hold your head up. "Let them see you coming." Hang in there.
Lawyers bully each other it is part of the job more so in court. It isn't legal shaming to a degree. As a lawyer you should know better than for people to go Pro Se more so in criminal cases. In a civil matter you only have about a 25% chance of success as a pro se litigant. In criminal cases you have a 10% chance. Your odds of winning go up considerably if you have a lawyer. Pro Se litigants get themselves in trouble by not knowing court procedures, processes. They do not know when to object or to file the proper motions most of the time. This is due to a complex and complicated legal system and structure and the lack of education. Not only that but as a Pro Se litigant you give up certain protections afforded to you by law. 1. is the ability to appeal. Typically appeals court and more so the SCOTUS will not hear cases filed by pro se litigants.
@@advocatelucinda Even if you prepare yourself the states are clear. Representing yourself is terrible when it comes to certain litigation. You have nearly a 75% chance of failure in civil litigation. You have almost a 90% chance of failure in criminal. We are not talking about traffic court of small claims court here. You are a lawyer. You are supposed to give good legal advice not bad.
Friend, your postulation that 25% of civil litigants are successful and 10% of criminal litigants are successful makes my point. Whatever the real percentages are (and the pro se has been successful, even in complicated litigation), he or she is successful because they prepare themselves. Yes! It's doable.
@@advocatelucinda I am going to borrow from Bill Burr here. If you go sky diving and have never done it before and they go. Yeah it is 200 more dollars if you use an instructor and you go nah i don't want one, and there is an 85% chance of you splatting on the ground would you go without an instructor? It isn't postulation. It is actual data confirmed by DOJ and other agencies that gather this information. So, if you want to argue against facts be my guest but you will have a hard time doing it. You are giving people bad advice that could put them in serious legal trouble.
Have a nice day. 😊 Deprivation Of Rights Under Color Of Law Summary: Section 242 of Title 18 makes it a crime for a person acting under color of any law to willfully deprive a person of a right or privilege protected by the Constitution or laws of the United States. For the purpose of Section 242, acts under "color of law" include acts not only done by federal, state, or local officials within their lawful authority, but also acts done beyond the bounds of that official's lawful authority, if the acts are done while the official is purporting to or pretending to act in the performance of his/her official duties. Persons acting under color of law within the meaning of this statute include police officers, prisons guards and other law enforcement officials, as well as judges, care providers in public health facilities, and others who are acting as public officials. It is not necessary that the crime be motivated by animus toward the race, color, religion, sex, handicap, familial status or national origin of the victim. The offense is punishable by a range of imprisonment up to a life term, or the death penalty, depending upon the circumstances of the crime, and the resulting injury, if any. TITLE 18, U.S.C., SECTION 242 - Deprivation of Rights Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, ... shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death. Title 42, U.S.C., Section 14141 - Pattern and Practice This civil statute was a provision within the Crime Control Act of 1994 and makes it unlawful for any governmental authority, or agent thereof, or any person acting on behalf of a governmental authority, to engage in a pattern or practice of conduct by law enforcement officers or by officials or employees of any governmental agency with responsibility for the administration of juvenile justice or the incarceration of juveniles that deprives persons of rights, privileges, or immunities secured or protected by the Constitution or laws of the United States. Whenever the Attorney General has reasonable cause to believe that a violation has occurred, the Attorney General, for or in the name of the United States, may in a civil action obtain appropriate equitable and declaratory relief to eliminate the pattern or practice. Types of misconduct covered include, among other things: Excessive Force Discriminatory Harassment False Arrest Coercive Sexual Conduct Unlawful Stops, Searches, or Arrests Title 18, U.S.C., Section 241 - Conspiracy Against Rights This statute makes it unlawful for two or more persons to conspire to injure, oppress, threaten, or intimidate any person of any state, territory or district in the free exercise or enjoyment of any right or privilege secured to him/her by the Constitution or the laws of the United States, (or because of his/her having exercised the same). It further makes it unlawful for two or more persons to go in disguise on the highway or on the premises of another with the intent to prevent or hinder his/her free exercise or enjoyment of any rights so secured. Punishment varies from a fine or imprisonment of up to ten years, or both; and if death results, or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title or imprisoned for any term of years, or for life, or may be sentenced to death.
@@advocatelucinda You're welcome, Ma'am, and thank you for also taking the time. I strongly dislike them and would like to see them in prison for the rest of their life. I would love to have a team of about 2 or 3 others. ☝ I've been wanting to chat, but I still have you to send an email.
"Sui Juris" is being legally independent and not under the legal guardianship or control of another, i.e., having the capcity to handle one's own affairs. See following link: www.lawinsider.com/dictionary/sui-juris "In propria persona" or "pro se" is used for a person who appears before a court or represents themself in absence of a lawyer. See following link: www.law.cornell.edu/wex/in_propria_persona Take care.
Thank you for addressing this. I am being shamed by the Judge and the attorneys. I have been told each time l need to hire an attorney to represent me. I have been consistent and complying with rules. Every time the judge tells me to hire counsel. I said l can not afford one and it makes me look stupid but l keep very respectful and polite and professional. I have been shamed a lot but l am going to keep going. Thank you.
👏👍🍀
Hi. Don't worry about looking stupid. Keep in mind that it's not unusual for a judge to recommend to a pro se to hire an attorney because they know litigation is difficult. However, you are there and know the temperament of the judge. Nonetheless, continue to be consistent and follow any rules and instructions the Court might give you. I'm glad you are encouraged to keep going. Best.
Keep fighting!
The law is available to all of us. I’m (still) amazed at how I’m referred to hire a lawyer every time I speak to someone. I hired one who did nothing, but take my $, work with the plaintiff and judge. I’m filing my own complaint.
I love your lessons
Lucinda You are a True Advocate for the People and with the Best intentions.
Thank you.
Glad to help.
The legal world is very political. In terms of pro se litigation there's an inherent incentives for pro se litigants to not succeed in court. It's does not benefit the legal profession for pre so reps to win cases at an high rate because attorneys become less valuable. On top of that it's an ego element as to who do you think you are, thinking you can come in here without going through all the educational requirements as we did. it's hardly ever about justice and what's right but about money and protection of business/corporations.
Hi @sirdavis. I hear you. Thank you for sharing your thoughts.
Elitism is very damaging to society.
I have been calling to boycott lawyers. If no party hires a lawyer, the judge would be forced to hear it raw without a lawyer legal manipulation and both parties save on legal costs
@@nadiasaidi8937This all sounds good, and I mostly agree. However, it's not always possible without first changing the laws in place in just about every state. For example, if you are the registered agent of an LLC or Corporation, you can only legally represent that entity to the extent of avoiding a default judgement, filing of the initial complaint or answer to a complaint, pre-trial.motions and maybe participate pre-trial processes such as discovery and trying to reach a settlement before trial. Any further than that, it would be like acting as a lawyer for your friend. You will be in violation of law if you attempt to litigate. Even if you are not immediately stopped or warned by the court or opposing party for "unauthorized practice", the court MAY not put into record any arguments, cross examinations, evidence, etc etc. The court may allow it and string you along, knowing full well what your fate may be (especially if the opposing party is represented by a licensed attorney/lawyer). Why? Because it's against the law. You as an individual and your registered company are two completely separate legal entities.
I'm putting this out there for anyone who may come across this. If you are in this situation, beware. You can be sanctioned (monetarily) and will ultimately lose your case, unfortunately, even if you initially win. It only takes a motion filed by the opposition. Do your research!
This is EXACTLY right. It's been my experience for years. I have always said that they behave with a "closed-shop" attitude, acting as though they are a labor union protecting a skilled labor trade. They expect you to pay one of their pals for subpar representation that often amounts to a draw rather than a win, and they use every conceivable tactic at their disposal either to frighten you into submission or just to outright deny due process. The double-standard in the tribunal is often palpable and odious.
But hey Ms. Lucinda, I am in need of some help. I have filed a state civil rights complaint in the state of New Jersey asserting numerous claims concerning the role of several prosecutors at both the Superior and Municipal Court levels, all of whom have conspired to turn me, the original victim, into a newfangled defendant.
Why?
The situation arose out of an attack on my person last year at the local VOA shelter. Two staff, one of whom was a supervisor, committed an aggravated assault on me--one with a weapon in his hand--because I was missing items out of my locker and began frantically asking where they were. The two men attacked me on camera, unprovoked, and I had two front teeth kicked out in the process. I also have an eyewitness to the entire scenario who has provided a statement.
The problem is that the state prosecutors tried to downgrade and dismiss their charges for agg. assault without telling me (I have a felonious history and was engaged in criminal litigation during the pendancy of the investigation against my attackers). I eventually discovered by happenstance that the state prosecutors had downgraded the charges back down to municipal court.
I began appearing at the hearings and demanding a copy of the video and refusing to allow the one remaining attacker to be let go with a "disorderly conduct." That is when I was ultimately charged. But that didn't even happen until, several times, I had threatened on paper to file a state civil rights claim for their numerous violations of NJ Constitution Art. 1, para. 22. I was the unquestionable victim for almost a year, until this turn of events.
Obviously this is the abridged version and I can provide the entire complaint if you're curious. As it stands, I have served all 8 defendants with my state civil rights complaint under NJ Stat. 10:6-1(c) and so far have received only one motion to dismiss from county counsel representing the two municipal court prosecutors. Of course they rely on Imbler v. Pachtman. However, I had based my complaint on an email I received in which the current prosecutor himself admits that he was "trying to ascertain what [I] had in [my] hands in the video because the defendants claimed it was a weapon." Aside from the fact that I know what happened in that video, and that I did NOT have anything in my hands (implying that he did not actually watch it or is lying about what he claims to have seen in it), his premise places him squarely within the exceptions to Imbler, namely, that he was acting in the role of an investigator rather than just a prosecutor.
In any case, isn't an affirmative defense like absolute immunity supposed to be raised in a motion for summary judgement rather than in the motion to dismiss? Or does that not matter? That might be small procedural technicality I might attempt to raise in addition to my other rebuttals.
In short, I am suing them in their role as investigators, and at the core of my claims is (1) I had made them aware in writing several times that I was considering filing a civil suit for their violations of my rights under NJ Const. Art.1, para. 22.; and (2) that it wasn't until those warnings that the state and the defendant's attorney sought to eviscerate those rights by the simple expedient of conspiring to make knowingly false claims before a judge, thereby converting me from a victim under the aegis of Art.1, para. 22, to a criminal defendant, whose punishment by the process is designed ultimately to conceal the tortious conduct at the VOA.
I don't know what a case like this is worth, but my instincts tell me it's getting close to 7 figures. The problem is that I am up against enormous corruption, and even the A.C.L.U. has completely ignored me.
So is there a way you could possibly help me, perhaps by email? Maybe at least you could help with a referral, but I would have to speak more at length privately to fill in some of the details.
Thanx for reading this long comment, anyway.
thank you again for your videos,i consulted with many attorneys,as soon as i said im going pro se thay all laughed at me,
Hi. I don't know where you are in the process. Get familiar with the Pro Se Handbook that's at the end of this video. Also, be sure to follow the Scheduling Order that you and opposing counsel agreed to and that the judge signed. Best.
@@advocatelucindaLucinda Hi
In your reply above you mention "Pro Se Handbook" at end of video. But it's not here.
Will you Please post link to it??
Thank you in advance
The following link is the Federal Bar Pro Se Handbook: www.fedbar.org/wp-content/uploads/2019/12/Pro-Se-Handbook-APPROVED-v2019-2.pdf.
Also, your jurisdiction should have a Pro Se Handbook. Go to the court's website or ask the court's clerk how you can download the handbook.
Worst advice I ever got was to allow myself to be the defendant. Wish I had gone on the offense years ago.
I’m not tired yet. They want me to stop. Hell naw. I’m filing a motion for another judge. He ignored my evidence. He abused his power. Abuse of discretion. He is not above the law. ASE!
Same here but I am very very tired to keep going🧗
@@jolantahill787 asked God almighty to renew your strength. I’ll b praying for you.
@jolantahill787
I feel that way at times.
Muster up the strength to keep going!
Putting things in your way is apart of their plan to make you give up. Send them a big F.U. and keep going!!
These courts rely on pro se litigants ignorance of the law.
Do your research, quote the law and fight.
Dear AdvocateLucinda,
You are an enormous support in
Our fight against EmploymentDiscrimination.
Both emotionally and mentally❤️
I am very grateful for all your brilliant videos😊
Thank you!
Lucinda, thank you for creating these videos. I had a court hearing last Friday where I was the plaintiff, suing a car dealership for fraudulent practices. The transaction had multiple issues, including selling me a car that had been in a flood without disclosing it. A few days later, I discovered water in the trunk, a rusted car jack, and upon further inspection, a rusted engine block.
During the court proceedings, I faced challenges despite having laws in New Jersey against selling flood-damaged cars. I presented photo evidence and an estimate of the damage I found online, but the judge didn't seem receptive. The dealership used an emissions testing report from the state of Connecticut, dictated by the Clean Air Act, to argue that the car was in good condition when I purchased it. They also relied on a Carfax report, which may not capture all relevant information.
The dealership even performed bodywork on the car the same day I bought it, attempting to conceal it from me. I uncovered this information by piecing together details and noticing paint discrepancies on one of the fenders. In essence, I feel like I've been scammed, and unfortunately, the court ruling did not go in my favor.
Now, to seek justice, I am contemplating an appeal. However, the prospect involves spending around $1,500 between obtaining additional estimates and hiring a lawyer, to potentially get $3000 in damages to the car. It's a significant financial commitment, but I believe it's necessary to hold the dealership accountable for its deceptive practices.
Good for you.
Thank you for the reminder to take care of our health!!
Just today I was feeling depressed- and emotion I have
not had to experience much in my life.
I have experienced this very same thing. Shame game. It put them ahead of the situation. I am now years stuck. I will now do discoveries. I have every right, too. They were found guilty at the state level. This was filed at the local level. This was excellent to hear.
Thank you, and this video just in time as one who has been through a non-judicial foreclosure I can attest, I was denied due process, fair and impartial hearing, stonewalling, disinformation under color of law by clerks who did everything to confuse, distract, delay and basically obstruct justice. The feeling of intensely been violated, discriminated against, taken advantage of, disrespected, you name it. It was all odds stacked in plaintiff's favor. Fool me once shame on you, fool me twice shame on me. My second round should turn out in my favor since watching this, I have a better idea on how to handle it next time. Great work, no words to express my deep gratitude for your help and assistance to pro-se like me. I have no choice no attorneys would help even though I've amassed a book of evidence. Your video collection is a helpful resource, thanks x 3!!!
You are welcome!
I have experienced the same thing as a pro se litigant in my jurisdiction. I was eventually forced to hire an attorney under a "limited representation clause" just to get the court to even process (as in respond at all or provide a decision on a motion for instance) my court filings. Until I had and Esq's citation across my legal forms I was unable to even be heard or to bring my case further. Which is doubly atrocious in that I was involved in a family court matter where well over 90% of all litigants are pro se's.
Judicial discrimination.
Also, if you complain and send the complaint up through for the administrating Magistrate's review, you will now have a very prejudicial judge overseeing your case against you after you've made your formal complaints about them. And good luck having them replaced with a new judge.
#PowerInbalance = discrimination
Yes, judicial retaliation happens. The pro se is standing up for his/her rights. I'm glad you were able to get assistance.
Love you
You are so kind. Thank you.
As a Cancer patient, litigation is very serious.
Currently Pro Se yet I will survive!!!
Yes, litigation is serious and challenging. And even more so as pro se and a cancer patient. Call your State Bar and ask for a list of pro bono attorneys that you can call and ask to represent you. Call these two organizations as well: your State Legal Aid and Women's Bar Association. Don't give up. Best.
@@advocatelucinda I have call the state Bar. I even called out of my state. No one wants to take a case that another attorney had.
Also the defendants falsified my medical records. So I (myself) had to read and pdf scan over a thousands papers. The prior attorneys gave me my case file for free. They didn’t work in my favor. I had to prove on my own. Which I did. Comparing medical codes etc.
As a voter and citizen with no criminal record. My state is failing me. 4 aggressive chemos within 3 years. Based upon their failure.
I don’t even have other social media accounts to ask for a Go fund me. Only RUclips. Yet I’m not even on here begging.
Some nights my brain literally hurts from all the reading. It is hard, physically, mentally, and emotionaly. Even more so when you have a speech impediment like I do.
I know it's challenging. But, be encouraged. It's doable for you. Best.
Hang in there 👍
It's purposely written by sophists so self taught people have a hard time comprehending it. They bog you down mentally with procedures and decorum, before ever getting into the actual Law.
This is why I believe people need to study law and get good at it before a situation arises. Studying Rules of evidence, rules of procedure, court rules, statutes, codes, case law, learning how to write documents, and how to keep your cases organized. It’s not rocket science but it definitely is a quite a bit to take in.
Miss Lucinda reminds me of one of my aunts that live in Texas. An Auntie that knows the law. Love IT!!!! You're truly the best!
Wow, thank you!
Please know that you're appreciated. ❤
Thank you so much.
Thank you, Lucinda-- it's good to see that there's movement towards encouraging pro se litigants.
Yes. Litigation is challenging. But, it's doable! Best.
Thank you, thank you and thank you so much for this. You are a real "human" being and person for the people.
It's my pleasure. Just doing what God called me to do. Best.
Thank you
You're welcome.
Always thankful and grateful to you, Lucinda.
You are always welcome.
This is EXACTLY right. It's been my experience for years. I have always said that they behave with a "closed-shop" attitude, acting as though they are a labor union protecting a skilled labor trade. They expect you to pay one of their pals for subpar representation that often amounts to a draw rather than a win, and they use every conceivable tactic at their disposal either to frighten you into submission or just to outright deny due process. The double-standard in the tribunal is often palpable and odious.
But hey Ms. Lucinda, I am in need of some help. I have filed a state civil rights complaint in the state of New Jersey asserting numerous claims concerning the role of several prosecutors at both the Superior and Municipal Court levels, all of whom have conspired to turn me, the original victim, into a newfangled defendant.
Why?
The situation arose out of an attack on my person last year at the local VOA shelter. Two staff, one of whom was a supervisor, committed an aggravated assault on me--one with a weapon in his hand--because I was missing items out of my locker and began frantically asking where they were. The two men attacked me on camera, unprovoked, and I had two front teeth kicked out in the process. I also have an eyewitness to the entire scenario who has provided a statement.
The problem is that the state prosecutors tried to downgrade and dismiss their charges for agg. assault without telling me (I have a felonious history and was engaged in criminal litigation during the pendancy of the investigation against my attackers). I eventually discovered by happenstance that the state prosecutors had downgraded the charges back down to municipal court.
I began appearing at the hearings and demanding a copy of the video and refusing to allow the one remaining attacker to be let go with a "disorderly conduct." That is when I was ultimately charged. But that didn't even happen until, several times, I had threatened on paper to file a state civil rights claim for their numerous violations of NJ Constitution Art. 1, para. 22. I was the unquestionable victim for almost a year, until this turn of events.
Obviously this is the abridged version and I can provide the entire complaint if you're curious. As it stands, I have served all 8 defendants with my state civil rights complaint under NJ Stat. 10:6-1(c) and so far have received only one motion to dismiss from county counsel representing the two municipal court prosecutors. Of course they rely on Imbler v. Pachtman. However, I had based my complaint on an email I received in which the current prosecutor himself admits that he was "trying to ascertain what [I] had in [my] hands in the video because the defendants claimed it was a weapon." Aside from the fact that I know what happened in that video, and that I did NOT have anything in my hands (implying that he did not actually watch it or is lying about what he claims to have seen in it), his premise places him squarely within the exceptions to Imbler, namely, that he was acting in the role of an investigator rather than just a prosecutor.
In any case, isn't an affirmative defense like absolute immunity supposed to be raised in a motion for summary judgement rather than in the motion to dismiss? Or does that not matter? That might be small procedural technicality I might attempt to raise in addition to my other rebuttals.
In short, I am suing them in their role as investigators, and at the core of my claims is (1) I had made them aware in writing several times that I was considering filing a civil suit for their violations of my rights under NJ Const. Art.1, para. 22.; and (2) that it wasn't until those warnings that the state and the defendant's attorney sought to eviscerate those rights by the simple expedient of conspiring to make knowingly false claims before a judge, thereby converting me from a victim under the aegis of Art.1, para. 22, to a criminal defendant, whose punishment by the process is designed ultimately to conceal the tortious conduct at the VOA.
I don't know what a case like this is worth, but my instincts tell me it's getting close to 7 figures. The problem is that I am up against enormous corruption, and even the A.C.L.U. has completely ignored me.
So is there a way you could possibly help me, perhaps by email? Maybe at least you could help with a referral, but I would have to speak more at length privately to fill in some of the details.
Thanx for reading this long comment, anyway.
My contact is adjunctlaw@gmail.
Facts!!! They want to make sure they keep control.
Thank you for your comment.
Thank you and I really appreciate the way you broke everything down and agree with you because you're right it's a process I won several small claim cases on my own, and surprisingly.... I got my own child support discharged in Michigan..... I plan on continuing to study law, my friend said I should be an attorney but I don't think I want that kind of workload.
Congratulations on your victories. You are proof that it's doable! Best!
I love you! Have the best day of your life today.
How kind you are. Thank you.
the inverse is true, when attempting by discourse to get someone to perform according the clear precedent. You will have to file a Complaint to get their attention (don't even bother with the threat to sue, after it is clear that they are brain-bound). In a situation that I am dealing with (not the intactivism case, but concerning power to a propert surrounded by national forest land; public forest road vehicle access long established), this applies (from Justice, Expediency, and Beauty by Schwartz, Louis B.): "I neither favor nor forecast a sharp turnabout in the law of judicial review of administrative decisions. The practicalities of administrative law are that regulated industries tend to acquire dominant influence over the agencies supposed to control them."New appointees to a commission can drastically revise the impact of the law they administer, with little or no reference to the statutory language or congressional intent. The political and commercial pressures on agencies tend to convert them into forums for compromise between pressure groups. This process should not remain unchecked, free of the rationalizing discipline of the relatively independent judicial system."
For sure, I agree with Schwartz that justice should be the focus in legal education, lawyers and judges. Thank you for sharing.
SO true. I’ve learned (probably) more than I wanted to know, but with state courts ignoring the law and attorneys NOT representing who they pretend to be, I cannot walk away without trying to help others from the (unlawful) dispossession of property that is rampant.
I have experienced the same thing as a pro se litigant in my jurisdiction. I was eventually forced to hire an attorney under a "limited representation clause" just to get the court to even process (as in respond at all or provide a decision on a motion for instance) my court filings. Until I had an Esq's citation across my legal forms, I was unable to even be heard or to bring my case further. Which was doubly atrocious in that I was involved in a family court matter where well over 90% of all litigants are pro se's.
Judicial discrimination.
Also, if you complain and send the complaint up through for the administrating Magistrate's review, you will now have a very prejudicial judge overseeing your case against you after you've made your formal complaints about them. And good luck having them replaced with a new judge.
#PowerInbalance = discrimination
I am glad you were able to get assistance. Hang in there.
Thank you for this❤
You're welcome!
Speaks the truth!!! Pro se litigants really dont get a fair shake. The only way to combat this is to just educate educate educate- through channels like this!!!! Otherwise they will take advantage !
Yes! Be prepared.
Vermont Constitution Article 4 ( remedy at law secured to all)
Every person of this state ought to find a certain remedy, by having recourse to the laws, for all injuries or wrongs which one may recieve to person , property or character; every person ought to obtain right and justice freely, without being obliged to purchase it; completely and without any denial; promptly and without delay; comfortably to the laws.
Thank you Lucinda for your enheartening calm.
Thank you for sharing your thoughts.
is a letter to the clerk of the court considered a response to a motion for sanctions in the 9th circuit court of appeals?
can the appellee be sanctioned when they rely on hearsay, as basis to dismiss a case in the 9th circuit court appeals?
can the government attorney (DOL Solicitor) ignore sanctions in the 9th circuit court appeals?
I recommend that you consult with an attorney who can assess your case and advise you.
Love your help,I have a question I had 21 days to amended 5 complaint judge defendant request, during the 21 days time period the defendant's was asking the judge to denie my amended, we'll I hand them in late all 5 different days,we'll all the defendants filed non conforming what should I do also thier a new defendant that getting ready to be added on your the law suit what should I do
Hi. It sounds like defendant filed a motion to dismiss your complaint? You would respond. Likewise, if defendant files a motion to add a party, you would respond, unless you wouldn't object to the addition.. Best.
❤
The problem is some judges protect lawyers when you embarrass them with facts.
That's the truth!
Yes. They know the power of facts. And, we keep presenting them. Be encouraged.
@advocatelucinda when I told the judge that I was going to conduct discovery via interrogatories, the judge said "we really don't do that here." LOL
@idontthinkyouknowme8903
I learned through these videos to look at it as "tactical war"...
So say if your state allows 45 interrogatories right...
With 30 day deadline to get a response....
Send 7 interrogatories every other week.
Same with Request for Admissions.
They'll have to keep track of every deadline. With Admissions....no response, everything is deamed admitted.
Boom!
Tactical War.
@@MrProfessional777 never thought of that! Will be using that strategy as of next week!
On my first trial day as a pro se litigant I was made to hear testimony of a witness against me in open court. After the witness concluded their statements against me I was allowed to question them on cross. I proceeded then to calmly ask pointed questions relevant to the case and to their testimony. A few questions in, the witness became belligerent and raised their voice shouting, "I don't have to be doing this! I aint gonna answerer these #$@@*^%$ questions!" And then proceeded to get up from the witness stand and to march away.
The judge was silent. I looked up at the judge on the bench and the judge looked down at me maintaining eye contact. As the witness then walked off the witness stand and out into open court, still cussing and raising their voice in a blatantly disruptive manner, I motioned to the judge to compel the witness to respond, as was now my constitutional right from someone who was just allowed to bring testimony against me in open court and on the record. The judge flatly denied my motion and dismissed my argument of judicial procedure and contempt of court without missing a beat and allowed this travesty to go unchecked.
Yes, I have had many similar incidents and accounts take place that are outrageous while navigating the superior court system as a pro se lol
For a pro se to litigate in a trial is commendable. It takes courage and confidence. I don't know the final outcome of your case; nevertheless, I salute you.
What happened in your case? And was this a jury trial?
Where can we find case law when were not a attorney?
Hi. The Caselaw Access Project is a good site. And, it's free. Here is the link: case.law/
Sometime ago, I uploaded a video and demonstrated how to use the site. Here is the link to the video: ruclips.net/video/mC5teDhnxCo/видео.html. Of course, there are other (paid) research sites, such as Casetext and West Law. Best.
Thank you!!
Question - judge purposely held off scheduling my motion hearing until they cd schedule an eviction for same day. I KNOW the court was working with the attorney but not sure what my best next steps are. Recuse judge?
Hi. The question is whether the facts and the law would support a Motion to Recuse. This ABA article sets forth the disqualification of a judge. I hope it helps. Best. www.americanbar.org/groups/professional_responsibility/publications/model_code_of_judicial_conduct/model_code_of_judicial_conduct_canon_2/rule2_11disqualification/
Dealing with lawyers that are awful and unprofessional right now. Thinking in filing complaints against them and their law firms with the bar association.
If you haven't already and you are in a position to do so, consider expressing your feelings to the attorney and/or the firm, before you file a bar complaint.
So let me ask this question if I was served an eviction or a notice to vacate can the property still be mine?
Look to the laws in the jurisdiction in which the matter is pending.
Absolutely happens and so does shaming for being in forma paperius or poor ppl it's in bold red if you are poor.
This is why we must be proactive and break the stigma. Thanks for your input.
How do we find specific case law??
How do we find what to cite?
I've tried Google Scholar.
Hi The following link is a map of the circuit courts, where yoiu can conduct research. case.law/.
The next link is a video I uploaded that explains how to use the map: ruclips.net/video/mC5teDhnxCo/видео.html Best.
I am being shames as i am defendant prose in a cause of action to an obviously forged document the plaintiff is my sister and brother in law and there counsel is his brother she is Sueing for breach of contract because i refused to sell my half of our fathers house we inherited i can prove the doc is forged and that at the time they claim the document was made i was legally barred by the federal government from entering into any financial contracts. a contract would violate 18 USC 3563(b)(22),18 USC 3664(d)(3). these facts were addressed in my answer. should i file a motion to dismiss or should i just let it go to trial?
Hi. You know your facts. Determine whether they are sufficient to support a motion to dismiss. Best.
Judge allowed an untimely filing. I had a default judgement hearing cause they didn’t respond in a timely manner . I filed a motion to strike their answer and the judge didn’t allow it he denied it and set it for pre trial mediation
Review your jurisdiction civil rules to determine any recourse you may have.
Iv had this happen to me. In family court
Hang in there and be proactive.
Go into attack mode. Take the offense route.
- edit - as soon as I posted this. Queen Lucinda said it! 💪🏾
I had been pro se thru EEOC , UC hearing, and till yesterday in second civil suit. I took an attorney to a mediation and they were just as terrible with Him there. I actually made me feel better because I was taking it personally. Not sure what is coming up we are in discovery and the man that helped me has another friend that may take case on. Has to be contingency cause I don’t have two nickels. I did learn that their defense is based on because they said so. Again thank you for these videos and the encouragement.
You are welcome. Continue to hang in there!
Plantiff Pro se here...was shamed by defendant attorney....i won in court today! Judge told him he should take the time to make sure his client is properly trained in their own policies (municipal agency) before they take away a clients protected interests! 😂 During the process judge even "suggested" i retain an attorney for the case. Told him couldnt afford one... they want retainer up front. I could ask for fees IF i won but if i lose, i still have to pay my attorney. I digress...i won my case, thanked the judge as courtesy and held my head up as i walked past the attorney. Ehen i got to the hallway i thanked God first and then Google University second. Smiled all the way home😂😊😊😊
Congratulations on your win!
@advocatelucinda TY. Couldn't have done it without your help!❤️
Glad to have helped.
👍🙏
Thank you.
Yes it is doable
First thing that happens before your case gets dismissed is that you get shamed for not stating the statutes, although you
have stated violation of Fourteenth Amendment under Section 1983, you have to explain your protected activity was under
the First Amendment to seek redress in the courts. Now your on the offense to conduct discovery which will be denied, you
can't force municipal defendant's to provide any evidence, so you can make determinating fact. A custom or policy is not
established based on one incident, so the pro se litigant is kicked out the door, until a dozen violations of rights are established.
You have the right to appeal. Regarding discovery, you can file a motion compelling defendant to answer discovery. Best.
I have had pro se shaming
directed at me both by 1 judge, whom I already asked to recuse himself and by the defendant too.
You are proactive. Hang in there.
@@advocatelucindaThankYou AdvocateLucinda💐
God bless you hon😂
you are welcome.
Discrimination is illegal period. No 90 days idk why this is so hard
99% of civil rights appeals will get dismissed unless the material evidence is already reviewed under
judicial notice and with motion for protective order being granted.
The percentage of dismissals is definitely high. Thank you.
Bar grieve attorneys that violate rules of professional conduct, court rules or other laws.
As it should.
I’m pro se in family court and shamed at every hearing my white husband and his white lawyer are so condescending I feel awful and I’m the abuse survivor and a person of color
Sounds like you need support. Contact your Legal Aid office for representation. Otherwise, respond to every filing and be prepared for every hearing. Be brave and hold your head up. "Let them see you coming." Hang in there.
how can one be encourage when already the judge assigned to cases has had several complaints from Pro Se Litigants
I hear you. Nevertheless, there's only two options...Hang in there.
ThankYou So Much💐
You are so welcome.
Lawyers bully each other it is part of the job more so in court. It isn't legal shaming to a degree. As a lawyer you should know better than for people to go Pro Se more so in criminal cases. In a civil matter you only have about a 25% chance of success as a pro se litigant. In criminal cases you have a 10% chance. Your odds of winning go up considerably if you have a lawyer.
Pro Se litigants get themselves in trouble by not knowing court procedures, processes. They do not know when to object or to file the proper motions most of the time. This is due to a complex and complicated legal system and structure and the lack of education. Not only that but as a Pro Se litigant you give up certain protections afforded to you by law.
1. is the ability to appeal. Typically appeals court and more so the SCOTUS will not hear cases filed by pro se litigants.
Litigation certainly is difficult. However, it's doable as long as one prepares himself or herself. Even for the pro se. Thank you for your comment.
@@advocatelucinda Even if you prepare yourself the states are clear. Representing yourself is terrible when it comes to certain litigation. You have nearly a 75% chance of failure in civil litigation. You have almost a 90% chance of failure in criminal.
We are not talking about traffic court of small claims court here. You are a lawyer. You are supposed to give good legal advice not bad.
Friend, your postulation that 25% of civil litigants are successful and 10% of criminal litigants are successful makes my point. Whatever the real percentages are (and the pro se has been successful, even in complicated litigation), he or she is successful because they prepare themselves. Yes! It's doable.
@@advocatelucinda I am going to borrow from Bill Burr here. If you go sky diving and have never done it before and they go. Yeah it is 200 more dollars if you use an instructor and you go nah i don't want one, and there is an 85% chance of you splatting on the ground would you go without an instructor?
It isn't postulation. It is actual data confirmed by DOJ and other agencies that gather this information. So, if you want to argue against facts be my guest but you will have a hard time doing it.
You are giving people bad advice that could put them in serious legal trouble.
No sur-reply here. Best.
Have a nice day. 😊
Deprivation Of Rights Under Color Of Law
Summary:
Section 242 of Title 18 makes it a crime for a person acting under color of any law to willfully deprive a person of a right or privilege protected by the Constitution or laws of the United States.
For the purpose of Section 242, acts under "color of law" include acts not only done by federal, state, or local officials within their lawful authority, but also acts done beyond the bounds of that official's lawful authority, if the acts are done while the official is purporting to or pretending to act in the performance of his/her official duties. Persons acting under color of law within the meaning of this statute include police officers, prisons guards and other law enforcement officials, as well as judges, care providers in public health facilities, and others who are acting as public officials. It is not necessary that the crime be motivated by animus toward the race, color, religion, sex, handicap, familial status or national origin of the victim.
The offense is punishable by a range of imprisonment up to a life term, or the death penalty, depending upon the circumstances of the crime, and the resulting injury, if any.
TITLE 18, U.S.C., SECTION 242 - Deprivation of Rights
Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, ... shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.
Title 42, U.S.C., Section 14141 - Pattern and Practice
This civil statute was a provision within the Crime Control Act of 1994 and makes it unlawful for any governmental authority, or agent thereof, or any person acting on behalf of a governmental authority, to engage in a pattern or practice of conduct by law enforcement officers or by officials or employees of any governmental agency with responsibility for the administration of juvenile justice or the incarceration of juveniles that deprives persons of rights, privileges, or immunities secured or protected by the Constitution or laws of the United States.
Whenever the Attorney General has reasonable cause to believe that a violation has occurred, the Attorney General, for or in the name of the United States, may in a civil action obtain appropriate equitable and declaratory relief to eliminate the pattern or practice.
Types of misconduct covered include, among other things:
Excessive Force
Discriminatory Harassment
False Arrest
Coercive Sexual Conduct
Unlawful Stops, Searches, or Arrests
Title 18, U.S.C., Section 241 - Conspiracy Against Rights
This statute makes it unlawful for two or more persons to conspire to injure, oppress, threaten, or intimidate any person of any state, territory or district in the free exercise or enjoyment of any right or privilege secured to him/her by the Constitution or the laws of the United States, (or because of his/her having exercised the same).
It further makes it unlawful for two or more persons to go in disguise on the highway or on the premises of another with the intent to prevent or hinder his/her free exercise or enjoyment of any rights so secured.
Punishment varies from a fine or imprisonment of up to ten years, or both; and if death results, or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title or imprisoned for any term of years, or for life, or may be sentenced to death.
Thank you for taking the time to gather this information and post it for the pro se community.
@@advocatelucinda You're welcome, Ma'am, and thank you for also taking the time. I strongly dislike them and would like to see them in prison for the rest of their life.
I would love to have a team of about 2 or 3 others. ☝
I've been wanting to chat, but I still have you to send an email.
@@advocatelucinda Yes, Ma'am. I hope it's used well. 🙏🙂
The Correct Term is;
Su Juris.
Not Pro-Se! , witch
actually means No-Speak
"Sui Juris" is being legally independent and not under the legal guardianship or control of another, i.e., having the capcity to handle one's own affairs. See following link: www.lawinsider.com/dictionary/sui-juris
"In propria persona" or "pro se" is used for a person who appears before a court or represents themself in absence of a lawyer. See following link: www.law.cornell.edu/wex/in_propria_persona
Take care.
Sui juris is the way .
: for I a man can not Appear, I am not a ghost.
🫶🏽