-
THIS XMind map was authorized by
China Brown,
EXECUTIVE VICE PRESIDENT OF
Lisa Stinocher O'Hanlon
on 2014.08.04
- How to
use
my
study
maps:
- 1
- Head over to XMind.net.
- 2
- Download and install the FREE software.
- 3
- Now you can download any XMind map you like from my XMind
account to your own computer and use it to work your own case.
Save the originals in a special folder so that you can start over if
you mess up, or share them with a friend or loved one.
- 4
- Please share my maps as much as possible.
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- 5
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- Distribution copy. This document is copyright free; and is NOT FOR SALE at any cost; VOID WHERE PROHIBITED.
- 6
- 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
http://angryjeweler.wix.com/write
- <3
~ A.J.
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RULE 1. SCOPE AND PURPOSE
-
1
-
In the interests of justice & judicial economy...
- ALL CIVIL ACTIONS
- EXCEPT
- RULE 81
- (See also:)
- (and See also:)
- PUBLIC
v.
PRIVATE
- ACTS IN
ULTRA VIRES
- DEFINITION
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.
-
2
- 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
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3
-
ONE FORM OF ACTION
- MERGER
- LAW
- EQUITY
- 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
- 1
- First, courts of equity have no obligation to recognize legal rights or legal arguments.
- 2
- Second, they function almost entirely according to
the alleged “conscience” and personal
discretion (unbridled power) of the
judge on a case-by-case basis.
- 3
- Third, they are the natural court to hear cases based on trusts.
- 4
- 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.
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4
-
when we assume we are being tried in law,
we are actually being administered in equity
- 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.
- LEGAL STATUS
- BENIFICIARY
- LAW
- LAW OF THE CASE
TRUST INDENTURE
CONTRACT = AGENCY = LAW
- RELIEF
- "TRIED"
- CHALLENGE
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5
-
1938
- ABOLISHED
THE DISTINCTION
- ACTION AT LAW
v.
SUITS IN EQUITY
-
FUNDAMENTAL CHANGE
- EFFECT
- UNIFICATION
- CIVIL
PROCEDURE
- ADMIRALTY
PROCEDURE
- THERE IS ONE FORM OF ACTION;
CIVIL ACTION
-
1948
- ABOLISHED
THE DISTINCTION
- CIVIL ACTIONS
v.
SUITS IN ADMIRALTY
-
6
-
AND ADMINISTERED
- AFFIRMATIVE DUTY
OF THE COURT
- JUSTICE & JUDICIAL ECONOMY
- THE "JUDGE" IS NOT THE COURT
THE RECORD IS THE COURT
- ADMINISTRATOR ADMINISTRATES
-
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
-
7
-
2007
- MERGER IS COMPLETE
- AT LAW
- IN EQUITY
- ADMIRALTY PRACTICE
-
8
-
9
- CIVIL ACTIONS & PROCEEDINGS
- RULE 50 JUDGMENT AS A MATTER OF LAW IN A JURY TRIAL; RELATED MOTION FOR A NEW TRIAL; CONDITIONAL RULING
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10
- TO ACHIEVE CLEARER PRESENTATION
-
11
-
USE OF LANGUAGE:
- INCONSISTENT
- AMBIGUOUS
- REDUNDANT
- REPETITIVE
- ARCHAIC
-
CONFUSION
IS NOT
ALLOWED
- ALL PARTIES
ARE IN
AGREEMENT
STATEMENT OF
STIPULATED
FACTS
- NO CONTROVERSY; JUDGMENT IS APPROPRIATE
-
INFANT;
MINOR;
WARD
- SHALL; MUST; MAY; SHOULD
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12
-
13
-
14
-
15
- ADMINISTRATIVE
PROCEEDINGS
-
16
-
17
- RULE 65;
INJUNCTIONS & RESTRAINING ORDERS
-
18
-
19
- DEMAND FOR THE RELIEF S0UGHT
v.
RELIEF IN THE ALTERNATIVE
-
20
- I made two of these because I want you to read that again please, thanks.
-
21
-
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