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I wanted to tell you -->
that if you download this map and then highlight the title (by clicking on it once)
and then hit control + C and then
go to a word processor document like Google docs or OpenOffice and
put down your curser and then hit control + V;
All of this work will drop into your document like magic
and then you can pick up and start where I left off today after fifteen years of research...
and, you can use MY NOTES
WE MOVE THE COURT
FOR AN ORDER
WHAT DO WE WANT
WHY DO WE WANT IT
WHY SHOULD WE HAVE IT
START WITH RESEARCHING THE ELEMENTS OF THE CAUSE OF ACTION (CLAIM) AND THE DEFENSES TO SEE WHERE YOUR FACTS LAND.
MUST Be supported by an affidavit or sworn statement.
YOU CAN DO THAT
SWORN STATEMENT v. COMMERCIAL AFFIDAVIT
Bring FACTS from affidavit in.
FACTS ARE ELEMENTS
of the CLAIM or CAUSE OF ACTION or DEFENSE
CREATE YOUR STATEMENT OF FACTS. THE REST OF THE CASE IS JUST LAYERING THEM IN TO MOVING PAPERS AND DOCUMENTING THE PROCESS.
FACTS + LAW
Bring the law in as it applies to the facts.
DUTY + BREACH + DAMAGES = CLAIM
BUILDING YOUR SERVICE PACKET
Proof of Service
Table of Contents
Entry of Appearance, Rule 11 Acknowledgment, & Rebuttal of Presumptions
COMPLAINT; COUNTER, CROSS
Sworn Statement; Affidavit
Purpose: Different kinds do different things.
UNREBUTTED FACTS STAND AS TRUTH;
NOTICE OF MOTION & MOTION
WRITING THE ACTUAL MOTION
NOTICE OF MOTION
DATE, TIME, LOCATION OF HEARING: SCHEDULE YOUR MOTION TO BE HEARD
PURSUANT TO AUTHORITY PLAINTIFF/DEFENDANT WILL MOVE THE COURT FOR AN ORDER FOR RELIEF AS FOLLOWS _____ UPON GROUNDS AS FOLLOWS:
TITLE OF MOTION
DEMAND FOR JURY TRIAL
OVER SUBJECT MATTER
VENUE: WHICH “COURT” ARE YOU MAKING A RECORD IN?
GENERAL ALLEGATIONS OF FACT & LAW
DEMAND RELIEF & EXECUTION
MOTIONS ARE BARE BONES.
EXTRA STUFF GOES IN MEMORANDUM IN SUPPORT OF MOTION
EXTRA STUFF GOES IN
MEMORANDUM IN SUPPORT OF MOTION
DEMAND FOR RELIEF
TABLE OF EXHIBITS
TABLE OF AUTHORITIES
NOTES ON COMPLAINTS
Angry Jeweler’s NOTES
NOTES ON PROPER PLEADINGS: SURVIVE 12b6 MOTION TO DISMISS
Sufficiency of pleading on the issue.
You MUST plead the ELEMENTS if you are asserting a CAUSE OF ACTION.
You MUST plead the DEFENSES if you are defending a CAUSE OF ACTION.
A trial court cannot enter judgment on a theory of recovery not sufficiently set forth in the pleadings or otherwise tried by consent. Miller v. Towne Servs., Inc., 665 S.W.2d 143, 147 (Tex. App.-Houston [1st Dist.] 1983, no writ); see also TEX.R. CIV. P. 301 (providing that the "judgment of the court shall conform to the pleadings").
IDENTIFY THE CAUSE OF ACTION
IDENTIFY THE ELEMENTS
IDENTIFY THE DEFENSES
EVERYTHING MEANS PROCEEDING
ISSUE; GENUINE ISSUE OF MATERIAL FACT
"Some lawsuits are nuisance claims that litigants file not to redress legitimate grievances, but to coerce opposing parties into making desirable economic compromises".
CONSENT: THE DIVIDING LINE
FORCED LABOR & HUMAN TRAFFICKING
EXPRESS v. IMPLIED
There are, however, exceptions to rule 301.
Unpleaded claims or defenses that are tried by express or implied consent of the parties are treated as if they had been raised by the pleadings. 780 See Roark v. Stallworth Oil & Gas, Inc., 813 S.W.2d 492, 495 (Tex. 1991).
The party who allows an issue to be tried by consent and who fails to raise the lack of a pleading before submission of the case cannot later raise the pleading deficiency for the first time on appeal. Id.
Moreover, "[w]hen issues not raised by the pleadings are tried by express or implied consent of the parties, they shall be treated in all respects as if they had been raised in the pleadings." TEX.R. CIV. P. 67.
To determine whether an issue was tried by consent, we examine the record not for evidence of the issue, but rather for evidence of trial of the issue. Case Corp. v. Hi- Class Bus. Sys. of Am., Inc., 184 S.W.3d 760, 771 (Tex.App.-Dallas 2005, pet. denied). A party's unpleaded
issue may be deemed tried by consent when evidence on the issue is developed under circumstances indicating that both parties understood the issue was in the case, and the other party failed to make an appropriate complaint. Id
when we assume we are being tried in law,
we are actually being administered in equity
(assumes he’s being tried in law) would be incensed that the judge ignored his “constitutional arguments”.
But if the case were actually being heard in equity,
1) the “defendant” would probably have the legal status of a “beneficiary”; and 2) the only relevant “law” (the “law of the case”) would be the contract or trust indenture under which the defendant/ beneficiary was being “tried”.
Until the defendant/beneficiary identified that underlying contract or trust indenture and rendered it void (perhaps for fraud), the defendant/beneficiary would remain in equity where “constitutional rights” are irrelevant and only government “policy” may (or may not) be honored according to the judge’s conscience and personal discretion.
LAW OF THE CASE
CONTRACT = AGENCY = LAW
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