1. THIS XMind map was authorized by China Brown, EXECUTIVE VICE PRESIDENT OF Lisa Stinocher O'Hanlon on 2014.08.28
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    18. I wanted to tell you -->
    19. that if you download this map and then highlight the title (by clicking on it once) and then hit control + C and then
    20. go to a word processor document like Google docs or OpenOffice and put down your curser and then hit control + V;
    21. 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...
    22. and, you can use MY NOTES http://angryjeweler.wix.com/write
    23. <3 ~ A.J.
    1. WE MOVE THE COURT
    2. FOR AN ORDER
    3. AS FOLLOWS:
      1. TELL
        1. WHAT DO WE WANT RELIEF
        2. WHY DO WE WANT IT
        3. WHY SHOULD WE HAVE IT
          1. START WITH RESEARCHING THE ELEMENTS OF THE CAUSE OF ACTION (CLAIM) AND THE DEFENSES TO SEE WHERE YOUR FACTS LAND.
        4. FACTS
          1. MUST Be supported by an affidavit or sworn statement.
          2. JUST ANSWER
          3. YOU CAN DO THAT
          4. SWORN STATEMENT v. COMMERCIAL AFFIDAVIT
          5. Bring FACTS from affidavit in. FACTS ARE ELEMENTS of the CLAIM or CAUSE OF ACTION or DEFENSE
          6. CREATE YOUR STATEMENT OF FACTS. THE REST OF THE CASE IS JUST LAYERING THEM IN TO MOVING PAPERS AND DOCUMENTING THE PROCESS.
          7. FACTS + LAW
          8. Bring the law in as it applies to the facts.
          9. DUTY + BREACH + DAMAGES = CLAIM
  3. .
    1. BUILDING YOUR SERVICE PACKET
      1. Cover letters
      2. Proof of Service
      3. Table of Contents
      4. Entry of Appearance, Rule 11 Acknowledgment, & Rebuttal of Presumptions
      5. Answer?
      6. COMPLAINT; COUNTER, CROSS
      7. Discovery?
      8. Sworn Statement; Affidavit
        1. Purpose: Different kinds do different things. UNREBUTTED FACTS STAND AS TRUTH; PRESUMPTIONS
      9. Judicial Notice
      10. NOTICE OF MOTION & MOTION
        1. WRITING THE ACTUAL MOTION
        2. HEADING
        3. NOTICE OF MOTION
        4. DATE, TIME, LOCATION OF HEARING: SCHEDULE YOUR MOTION TO BE HEARD
        5. PURSUANT TO AUTHORITY PLAINTIFF/DEFENDANT WILL MOVE THE COURT FOR AN ORDER FOR RELIEF AS FOLLOWS _____ UPON GROUNDS AS FOLLOWS:
        6. TITLE OF MOTION
        7. DEMAND FOR JURY TRIAL
        8. PARTIES
        9. JURISDICTIONAL ALLEGATIONS
        10. OVER PARTIES
        11. OVER SUBJECT MATTER
        12. VENUE: WHICH “COURT” ARE YOU MAKING A RECORD IN?
        13. TIME
        14. GENERAL ALLEGATIONS OF FACT & LAW
        15. CONCLUSION
        16. WHEREFORE CLAUSE
        17. DEMAND RELIEF & EXECUTION
        18. SIGNATURE
        19. MOTIONS ARE BARE BONES.
        20. EXTRA STUFF GOES IN MEMORANDUM IN SUPPORT OF MOTION
      11. EXTRA STUFF GOES IN MEMORANDUM IN SUPPORT OF MOTION
      12. DEMAND FOR RELIEF
      13. Proposed Order
      14. APPENDICES
      15. TABLE OF EXHIBITS
      16. TABLE OF AUTHORITIES
  4. SEE NOTES:
    1. NOTES ON COMPLAINTS
    2. Jurisdictionary Notes
    3. Trust Notes
    4. Angry Jeweler’s NOTES
      1. SEE ALSO
    5. NOTES ON PROPER PLEADINGS: SURVIVE 12b6 MOTION TO DISMISS
      1. Sufficiency of pleading on the issue.
      2. You MUST plead the ELEMENTS if you are asserting a CAUSE OF ACTION.
      3. You MUST plead the DEFENSES if you are defending a CAUSE OF ACTION.
      4. 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").
      5. IDENTIFY THE CAUSE OF ACTION
      6. IDENTIFY THE ELEMENTS
      7. IDENTIFY THE DEFENSES
    6. EVERYTHING MEANS PROCEEDING
    7. PARTY
    8. TRIED/TIRED
    9. ISSUE; GENUINE ISSUE OF MATERIAL FACT
    10. "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 https://docs.google.com/document/d/1945g-WeoHd7aMfiSeDQwACenIUkhIWQtaBy5Yz-Mi_w/edit
      1. EXPRESS v. IMPLIED
        1. There are, however, exceptions to rule 301.
        2. 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).
      2. 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.
      3. 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.
      4. 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
      5. 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
      6. when we assume we are being tried in law, we are actually being administered in equity
        1. UNSUPECTING CONSUMER (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.
          1. LEGAL STATUS
          2. BENIFICIARY
          3. LAW
          4. LAW OF THE CASE TRUST INDENTURE CONTRACT = AGENCY = LAW
          5. PUBLIC POLICY CANNOT BE IN VIOLATION OF LAW
          6. RELIEF
          7. "TRIED"
          8. CHALLENGE