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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
RULE 1. SCOPE AND PURPOSE
In the interests of justice & judicial economy...
ALL CIVIL ACTIONS
(and See also:)
Latin, meaning "beyond the powers." Describes actions taken by government bodies or corporations that exceed the scope of power given to them by laws or corporate charters. When referring to the acts of government bodies (e.g., legislatures), a constitution is most often the measuring stick of the proper scope of power.
I AM; SPECIAL
28 U.S. Code § 2072 - Rules of procedure and evidence; power to prescribe
28 U.S. Code Chapter 131 - RULES OF COURTS
ONE FORM OF ACTION
CIVIL ACTION; ALL CRIMES ARE COMMERCIAL
EXPRESS v. IMPLIED
LEGAL v. EQUITABLE
RIGHT v. BENEFIT
AT LAW v. EQUITY
Historically, courts of equity have
had four important characteristics that
allow them to operate in ways that
would appear illegal or unconstitutional
in courts of law.
“In Law or Equity”?
by Alfred Adask
First, courts of equity have no obligation to recognize legal rights or legal arguments.
Second, they function almost entirely according to
the alleged “conscience” and personal
discretion (unbridled power) of the
judge on a case-by-case basis.
Third, they are the natural court to hear cases based on trusts.
Fourth, they are primarily available to hear the pleas of trust beneficiaries who, by definition, have no legal title and therefore no legal rights to property.
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
ACTION AT LAW
SUITS IN EQUITY
THERE IS ONE FORM OF ACTION;
SUITS IN ADMIRALTY
OF THE COURT
JUSTICE & JUDICIAL ECONOMY
THE "JUDGE" IS NOT THE COURT
THE RECORD IS THE COURT
RIGHTS FLOW FROM & DEPEND ON TITLE
11. Rights are also divided into legal and equitable. The former are those where the party has the legal title to a thing, and in that case, his remedy for an infringement of it, is by an action in a court of law. Although the person holding the legal title may have no actual interest, but hold only as trustee, the suit must be in his name, and not in general, in that of the cestui que trust [a trust’s beneficiary] . . . . Equitable rights are those which may be enforced in a court of equity by the cestui que trust.2
LAW. . . law denotes the rule . . . of human action or conduct. In the civil code of Louisiana . . . it is defined to be a solemn expression of the legislative will.”3 . . .
Equitable rights are those which may be enforced in a court of equity by the cestui que trust.
EQUITABLE v. LEGAL TITLE
EQUITABLE v. LEGAL RIGHTS
WITHOUT TITLE; YOU HAVE NO RIGHTS
RIGHT; TITLE; INTEREST
SUPERIOR v. LESSOR
MERGER IS COMPLETE
CIVIL ACTIONS & PROCEEDINGS
RULE 50 JUDGMENT AS A MATTER OF LAW IN A JURY TRIAL; RELATED MOTION FOR A NEW TRIAL; CONDITIONAL RULING
TO ACHIEVE CLEARER PRESENTATION
USE OF LANGUAGE:
NO CONTROVERSY; JUDGMENT IS APPROPRIATE
SHALL; MUST; MAY; SHOULD
INJUNCTIONS & RESTRAINING ORDERS
DEMAND FOR THE RELIEF S0UGHT
RELIEF IN THE ALTERNATIVE
I made two of these because I want you to read that again please, thanks.
F.R.C.P. 16(e) Final Pretrial Conference and Orders. The court may hold a final pretrial conference to formulate a trial plan, including a plan to facilitate the admission of evidence. The conference must be held as close to the start of trial as is reasonable, and must be attended by at least one attorney who will conduct the trial for each party and by any unrepresented party. The court may modify the order issued after a final pretrial conference only to prevent manifest injustice.
RULE 36. REQUESTS FOR ADMISSION
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