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Wednesday, November 9, 2011



Should a judge have ample discretion to exercise his or her wisdom in a given case?  Personally, I believe Yes.  A judge, specially a Federal Judge should be granted enough discretion to do her job except that discretion should not become a license to hurt citizens of America when it is known that are hurting we the people by their deeds under discretionary powers.  However, there can be severe abuses of that discretion as I found out from various reputable sources.  What should a judge do when he or she realizes that he or she had been making wrong decisions that can destroy the marriage life of citizens in this country?  Or, decisions that are so far off track from the main justice sought?  Or, decisions that can lead to the total demise of an injured individual?  Or, decisions that are against the United States Supreme Court altogether?  

Most judges are impervious to new evidences or missed facts or oversights or errors that can reopen a case to correct wrongs and render justice, namely,the application of RULE 60.  This can be caused by an ego problem or the phobia of knowing that they may be disqualified.  For some unknown reasons, they just don't get it.  The law is the same for all.  If you the plaintiffs or defendants do not know why you're in court, you will give up, thinking that Judges are "gods" and infallible as some think they are.  They may even look for loopholes and slight technicalities to make their unjust judgement appear equitable and just.  

If you are Pro Se, watch out.  The keys are your CONSTITUTIONAL STANDING TEST, your PREPONDERANCE OF EVIDENCE Vs. their PRESUMPTION OF INNOCENCE, and your knowledge of the rules of law specially from the Supreme Court you can use to defend yourself in court, the witnesses that are still alive and of course, a good Judge and lawyer who are willing to scrutinize the facts.

There are many games played in court and sometimes, as I was led to believe, the court plays theatre by the officers of the court meaning the lawyers for both parties and the judicial officers of the court namely, the judges themselves.  One of the main ones is to watch out for Officers and Judicial Officers of the Court from locking arms against you.  Yes, they can ally themselves against whomsoever they choose and before the plaintiffs realize what's happening, it will tak years or it will never be found at all.  Can Officers and Judicial Officers of the court be crooked?  Of course yes.  What if they metamorphosed or butchered your case into something else to alter their wrong judgement into something apparently right?  What if they used the GOTCHA TACTICS to prolong your case indefinitely less you encounter justice?  What if they they played with the doctrine of attrition to water down the significance of your case less they or the minor Government involved should pay the full penalty for what they have done?  What if they took advantage of the presumption of innocence to weaken your preponderance of evidence?  What if officers of the court and judicial officers of the court lock arms to protect one another against you the public and citizen of the U.S.?  Yes, all the above can be accomplished to deter anyone from pursuing justice by those who should be the protectors of justice and the citizens.  That is the political norm in many environments and the practice of those who think they are above the law.  

Here are some key solutions to resist such onslaught and overcome bad judges and bad lawyers:

TIP # 1)  State the truth at all cost and maintain alignment with the truth as you know it  The truth can march on its own and will soon be discovered by an authority who may grant you an AMICUS CURIAE or you may gather sufficient interest from the public to validate your case.  Remember, Truth is free, justice is priceless and anything else, money can buy.  Truth is the wind beneath the wings of justice and when truth blows, justice flies high like an eagle.  No, Judges, lawyers are not above the law.  They are people too and can make terrible mistakes and commit horrible oversights and even become impervious to your side of the story after being hardened for so long.

TIP #2)  Keep accurate record of all facts even if you think they are not necessary.  Yes, there is something called relevancy in court.  You may wind up keeping too much information, however, it is better to have too much than to not have enough.  Let your good lawyer review your documents to establish the necessary truths.  This may be an overwhelming task and it requires due diligence and accuracy.  

TIP #3) Know your injury and what or who caused it.  Do not settle for guesswork or perhaps anything that can conjure up doubts in your mind.  You must be able to trace the root cause of your harms and establish the tort yourself before proceeding with claims that cannot be justified.  If a person did it to you, state the fact.  If a Government agency did it to you, say it.  Nevertheless, review your documents thoroughly and trace the cause.  Your feelings can be vented best by the facts of the case not by your emotion.  In court, emotions are not the rules, but motions speak to a Judge.

TIP # 4)  State your claim right at the start.  If you make no claims, you risk loosing your case and more than likely Judges will not understand the enormity of your suffering.  When you state a claim, you are making a declaration concerning the intensity of your pain and you are venting what you believe to be just compensation for what you suffered, be it, financial losses, emotional hardships or physical pain.  State your claim and proclaim it everywhere, specially, to the Judge in question via your motions.

TIP #5)  Be media-mindful if you are not media-literate.  The media can do you a whole lot of justice if they understand your pain and the injustice committed against you.  However, exhaust your resources in court first before exposing anything to the media.  The media can turn against you also, if you ask them to do what they don't understand.  Do you know an (Search Engine Optimizer) SEO that can publish your case in record time?  That is a major help.  The Internet nowadays reaches a great audience than all the other media combined.  Use the iInternet when the tim is appropriate.  Make sure to contact with a media lawyer for advice or call the freedom of information act desk and ask what you can say to the public.  What you do not want is your case to be turned tor converted into something else.  Get help.

TIP#6)   What the other party is saying against you matters for your knowledge only not your response.  This is where you will need  the fine balance of your info vs their info.  If you  are playing basket ball and you reach the final, you must play the tape of your opponents' games to see their style of play.  However, should you neglect your own practice and continue to do why you do best?  No, erin no.  The same judgement applies here.   be mindful of what they are saying but be master what happened yo ou to state your case with firmness and stop being a player in the other team.  Let them speak even i you know that it is a lie.  The truth will overcome all lies at one point.  Listen to what the great Dr. Martin Luther King said many years ago "The ark of the moral universe bends long, but it bends toward justice.  Truth will prevail and will not be forever folded underneath the scaffold.  Arms that lock against it will fail, GOTCHA TACTICS will collapse, T the doctrine of Attrition will cease to appear in the face of truth.  This leads me to the last point of this bloghere.

TIP #7)  Resolve to go all the way.  Sometimes, officers of the court, judicial officers of the court, and the other party will do all in their power to grind your case to powder.  They will attempt to reduce your case to non-existence.  They will try to prolong the case to waterdoen your important issue and to declare that yu lost throughout the proceedings.  Be careful not to be entertained by what they say but stick to the truth till you die.  Remember this, the race is not unto the swift, but to them that endure until the end. Yes, in the face of GOTCHA tactics that can be against you, in the face of the doctrine of Attrition that can attack your case and  paralyze it for years, in the face of Judges and Lawyers that can lock arms against your most powerful argument, Be willing to endure and be patient.  Do not listen to the words "Your case is closed"  do not listen to the words, "You Lost"  Do not listen to fancy rhetorics from lawyers who sometimes want you to loose for some unknown reasons, specially when they are crooked. Follow the rules of law as prescribed by the United States Supreme Court and the United States Constitution.  This is the overall responsible for the jurisdiction over the United States.  Be firm, be courageous, your turn will come and truth will not for ever remain in the closet, it will come out.