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The Pro Per

& Pro Se
Litigant
Handbook
Volume 1
By Djehuty Maat-Ra, JURISPERITUS

A Pro Per Legal Assistance Services Publication


(2009)

All rights reserved

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Chapters

1. Know Your Rights

2. The Difference Between Pro Per and Pro Se

3. The Farretta Doctrine: Your Right to Represent Yourself in Person

4. Understanding What An Appearance Is In Law

5. To Pay or Proceed In Forma Pauperis

6. The Best Law Dictionary to Use For Legal Research

7. Legal Research

8. Rules of Legal Pleading

9. The Pro Per and Pro Se Introductory Statement in Pleadings

10. Suggestions for the Pro Per & Pro Se Litigant

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Introduction

The Pro Per and Pro Se Litigant Handbook was created for
various reasons, including making my job in teaching the
American people basic law easier, and to facilitate the American
people in learning the law so that they can reclaim their rights and
start enforcing them in an attempt to reverse and extinguish the
flames of tyranny that rule this great nation and its people who
have been purposely put to sleep, dumb-downed by a cabal of
sinister men who shield their dirt behind the faade of
corporations, commercial ones and those called governments or
municipalities.

This work will undoubtedly improve the legal acumen of all


who study it, help to free (in person, spirit, and mind), and help
people become victorious in court if they serve the words herein.

With legal costs rising as the years go by, the majority of


people, especially poor people, will have no choice soon but to
become legally astute in order to seek and receive legal remedies
for all of their grievances in societal life.

Wisdom, understanding, knowledge, and information will


make up for the lack of funds necessary to initiate and maintain a
civil action as well as to defend ones self in a criminal action.

Through all of my legal works that I am now making


available to the general American public, it is my desire to help
foment and facilitate a reclamation of all rights of the American
people, especially those people who are and/or who may feel
dispossessed, disenfranchised, powerless, insignificant, and
expendable.

Truly, knowledge and knowledge applied is powerful!

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The Pro Per
& Pro Se
Litigant
Handbook
Volume 1

Chapter 1

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Know Your Rights!
Just as important as anything else of high priority, today in the United States,
a person (citizen) must learn and know his/her rights! Its imperative,
especially if the government tyranny is to be slowed down, if not outright
stopped.

If you dont know your rights, you dont have any!

I think it only proper and correct to begin this work with an explanation of
what rights are, so lets study the various set of rights that exist in our
society today.

Rights are also classified in constitutional law as natural, civil, and political,
to which there is sometimes added the class of personal rights.

Lets take a look at some of the various rights that exist.

Natural rights are those which grow out of the nature of man and depend
upon personality, as distinguished from such as are created by law and
depend upon civilized society; or they are those which are plainly assured by
natural law; or those which, by fair deduction from the physical, moral,
social, and religious characteristics of man, he must be invested with, and
which he ought to have realized for him in a jural society, in order to fulfill
the ends to which his nature calls him. Such are the rights of life, liberty,
privacy, and good reputation.

Civil rights are such as belong to every citizen of the state or country, or, in
a wider sense, to all its inhabitants, and are not connected with the
organization or administration of government. They include the rights of
property, marriage, equal protection of the laws, freedom of contract, trial by
jury, etc. Or, as otherwise defined, civil rights are rights appertaining to a
person by virtue of his citizenship in a state or community. Such term may
also refer, in its very general sense, to rights capable of being enforced or
redressed in a civil action. Also, a term applied to certain rights secured to
citizens of the United States by the Thirteenth and Fourteenth amendments
to the Constitution, and by various acts of Congress (e.g. Civil Rights Acts)
made in pursuance thereof, as per Blacks Law Dictionary, 5th edition
(1979), pg. 1190.

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Political rights consist in the power to participate, directly or indirectly, in
the establishment or administration of government, such as the right of
citizenship, that of suffrage, the right to hold public office, and the right of
petition.

Personal rights is a term of rather vague import, but generally it may be


said to mean the right of personal security, comprising those of life, limb,
body, health, reputation, and the right of personal liberty, as per Blacks Law
Dictionary, 5th edition (1979), pg. 1190

The Bill of Rights are the summary of the rights and liberties of the
people, or of the principles of constitutional law deemed essential and
fundamental, contained in many of the American state constitutions, as per
Hamill v. Hawks, C.C.A.Okl., 58 F.2d 41, 47

Bill of Rights are that portion of Constitution guaranteeing rights and


privileges to the individual; i.e. first ten Amendments of the U.S.
Constitution. Blacks Law Dictionary (1979), 5th edition, Bill of Rights,
pg. 149

The Bill of Rights articulate fundamental rights of citizenship. It is a


declaration of rights that are substantially immune from governmental
interference, and thus constitutes a reservation of limited individual
sovereignty. Barrons Law Dictionary, 4th edition, Bill of Rights, pg. 52

The states are not prohibited from abridging the rights and immunities of
their own citizens except as are protected by express provisions of the
federal constitution. State v. Strauder, 11 W.Va. 745, 27 Am. Rep. 666

The words privileges and immunities are used in the 14th Amendment of
the United States Constitution, and in other parts of that document, and were
also used in the Articles of Confederation. They are such privileges as are
fundamental, which belong to the citizens of all free governments and which
have at all times been enjoyed by citizens of the United States. Slaughter
House Cases, 16 Wall. (U.S.) 76; Ies v. Illinois, 123 U.S. 150

So there you have it! The various rights that exist today in our society! As a
citizen, the most important rights are ones personal rights, natural rights,

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civil rights, and the rights protected by the United States Constitution in the
ten Bill of Rights.

Learn the law(s) of the land, but more importantly, learn your rights because
if you dont know your rights, the hard truth of the matter is YOU DONT
HAVE ANY! Period!

For your legal edification, I am providing a copy of the Bill of Rights infra.
Learn these rights and store them in your memory bank!

The Bill of Rights


of The Constitution of the United States of America
Ratified December 15, 1791
________________________________________________

AMENDMENT I
THE FREEDOM OF RELIGION, SPEECH, AND THE PRESS; RIGHTS
OF ASSEMBLY AND PETITION

Congress shall make no law respecting an establishment of religion, or


prohibiting the free exercise thereof; or abridging the freedom of speech, or
of the pres; or the right of the People peaceably to assemble, and to petition
the Government for a redress of grievance.

AMENDMENT II
RIGHT TO BEAR ARMS

A well regulated Militia, being necessary to the security of a free State, the
right of the People to keep and bear Arms, shall not be infringed.

AMENDMENT III
HOUSING OF SOLDIERS

No Soldier shall, in time of peace be quartered in any house, without the


consent of the Owner, nor in time of war, but in a manner to be prescribed by
law.

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AMENDMENT IV
SEARCH AND ARREST WARRANTS

The right of the People to be secure in their persons, houses, papers, and
effects, against unreasonable searches and seizures, shall not be violated,
and no Warrants shall issue, but upon probable cause, supported by Oath or
affirmation, and particularly describing the place to be searched, and the
persons or things to be seized.

AMENDMENT V
RIGHTS IN CRIMINAL CASES

No person shall be held to answer for a capital or otherwise infamous crime,


unless on a presentment or indictment of a Grand Jury, except in cases
arising in the land or naval forces, or in the Militia, when in actual service in
time of War or public danger; nor shall any person be subject for the same
offence to be twice put in jeopardy of life or limb; nor shall be compelled in
any criminal case to be a witness against himself, not be deprived of life ,
liberty, or property, without due process of law; nor shall private property be
taken for public use without just compensation.

AMENDMENT VI
RIGHTS TO A FAIR TRIAL

In all criminal prosecutions, the Accused shall enjoy the right to a speedy
and public trial, by an impartial jury of the State and district wherein the
crime shall have been committed, which district shall have been previously
ascertained by law, and to be informed of the nature and cause of the
accusation; to be confronted with the witnesses against him; to have
compulsory process for obtaining witnesses in his favor, and to have the
Assistance of Counsel for his defence.

AMENDMENT VII
RIGHTS IN CIVIL CASES

In suits at Common Law, where the value in controversy shall exceed twenty
dollars, the Right of trial by jury shall be preserved, and no fact tried by a
jury, shall be otherwise reexamined in any Court of the United States, than
according to the Common Law.

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AMENDMENT VIII
BAILS, FINES, AND PUNISHMENTS

Excessive bail shall not be required, nor excessive fines imposed, nor cruel
and unusual punishment.

AMENDMENT IX
RIGHTS RETAINED BY THE PEOPLE

The enumeration in the Constitution, of certain Rights, shall not be


construed to deny or disparage others retained by the People.

AMENDMENT X
POWERS RETAINED BY THE STATES AND THE PEOPLE

The powers not delegated to the United States by the Constitution, nor
prohibited by it to the States, are reserved to the States respectively, or to the
People.

Chapter 2
The Difference Between Pro Per and Pro Se
There are two kinds of lawyerless litigants: the Pro Per litigant and the Pro
Se litigant. Both have a legal distinction that you need to know and
understand before proceeding in court whether as a defendant or a plaintiff.

The proper status for a lawyerless litigant is pro per which stands for in
propria persona.

In propria persona. In ones own proper person. It was formerly a rule of


pleading that pleas to the jurisdiction of the court must be plead in propria
persona, because if pleaded by attorney they admit the jurisdiction, as an
attorney is an officer of the court, and he is presumed to plead after having
obtained leave (permission), which admits the jurisdiction. See Pro se.
Blacks Law Dictionary, 5th edition, pg. 712
Today, both state and federal court judges deplore pro per litigants. Judges
simply have ego problems. They dont like for the common masses of the
people to know law. It greatly perturbs them. Its also a threat to the legal

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system for people to represent themselves or proceed on their own behalf as
a free man/woman (sui juris), for if the average person learned the law on
their own like I myself did, then lawyers would be in serious trouble. Theyd
be faced with a situation of a lack of clients.

Criminal prosecutors would also have a problem on their hands too. If most
Americans knew the law(s) and their rights and stood on their constitutional
rights, privileges, and immunities, the American criminal system would be
destroyed overnight, well, if the average criminal defendant requested their
constitutionally secured right to a speedy trial, that is.

Prosecutors would not be able to prepare for trial in damn near every
criminal case if defendants requested a jury trial. The court system and
district attorneys office (as well as the city attorneys office) would be
saturated and constipated. It would go bankrupt having to pay all those man-
hours just to prosecute people via jury trials. Judges would have to be paid,
prosecutors would have to be paid, and so would certain jurors. Trials would
devastate the System and government knows this.

Yes, the court system knows this and thats why the state legislators created
the legal plea bargain. The plea bargain was not to help out defendants, but
to help the System (prosecutors and judges) out. Dont ever forget this!

Plea bargains were enacted for the benefit of prosecutors mainly to prevent
them from having to prepare for and exert much energy during trials that
would cost the System a lot of money.

How could plea bargains benefit the defendant when a condition of the plea
bargain was the waiving of ones constitutional rights?

When a System is built upon the United States Constitution but wants you
(as a criminal defendant) to waive your constitutional rights in order to take
a deal (plead to a lesser charge, despite the fact that you did not actually
commit the lesser charge), this should raise eyebrows.

Your and my freedoms are protected and secured under the Constitution. If I
waive my constitutional rights, then Im waiving all of my defenses and
securities against the government under the Constitution and remember, the
Constitution was created to keep the government in check, and rightfully so.

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The System wants you to waive your constitutionally secured rights so it can
take advantage of you. Its hard for the System to legally screw the
American people and citizens in light of the United States Constitution. This
great document (well, great at least in principle) arrests the actions of
government and this is why in recent years theres been a movement by
government (officials and agencies) to get rid of our constitutional rights,
privileges, and immunities; whats left of them.

The office and purpose of the Constitution is to shape and fix the limits of
governmental activity. It thus proclaims, safeguards and preserves in basic
form the pre-existing laws, rights, mores, habits and modes of thought and
life of the people as developed under the common law and as existing at the
time of its adoption to the extent and as therein stated. Dean v. Paolicelli,
72 S.E. 2d 506, 510; 194 Va. 219 (1952)

The U.S. Constitution does not limit the people. It simply limits the actions
of government against the people:

Hence, it may be said with great propriety, that a constitution measures the
powers of the rulers, but it does not measure the rights of the governed; that
it is not the origin of rights, nor the fountain of law but it is the
framework of the political government, and necessarily based upon the pre-
existing condition of laws, rights, habits, modes of thought. Cooleys
Constitutional Limitations, 37; Atchison & Nebraska R.R. Co. v. Baty, 6
Neb. 37, 41

The Constitution does not give or grant the people any rights. The
Constitution only protects the peoples (citizens) rights, our God-given
rights, which were known via the Common law, and which has been
replaced by statutory law. The Common law has been codified.

The rights of the individual are not derived from governmental agencies,
either municipal, state or federal, or even from the Constitution. They exist
inherently in every man, by endowment of the Creator, and are merely
reaffirmed in the Constitution, and restricted only to the extent that they
have been voluntarily surrendered by the citizenship to the agencies of
government. The peoples rights are not derived from government, but the
governments authority come from the people. The Constitution but states
again these rights already existing, and when legislative encroachment by

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the nation, state, or municipality invade these original and permanent rights,
it is the duty of the courts to so declare, and to afford the necessary relief.
City of Dallas et al. v. Mitchell, 245 S.W. 944, 945-46 (Tex. 1992)

Constitutionally, civil liberties are restraints on government. Sowers v. Ohio


Civil Rights Commission, 20 Ohio Misc. 115, 252 N.E.2d 463, 476

Government cannot tyrannize and enslave us so easily with the Constitution


in effect and thats why they need and want the citizens Constitutional rights
to be taken away; but because they cant take those rights away, they trick
the American people (citizens) into voluntarily waiving their constitutional
rights, which can be done and unfortunately is done a lot today by ignorant,
fearful, and sheep-minded American people (U.S. subjects, juristic persons).

All rights constitutional, statutory, or of other derivation may be waived.


People v. Del Campo (App. 1959) 174 Cal.App.2d 217, 344 P.2d 339

A right granted by the constitution may be waived by the inaction of person


entitled to exercise such right. Chesney v. Byram (1940) 15 Cal.2d 460, 101
P.2d 1106

Party may waive special benefits conferred by constitution. People v.


Ventura Refining Co. (1928) 204 Cal. 286, 268 P. 347

Despite the right to waive a constitutional right, the law is very clear in that
waivers of constitutional right(s) must be knowingly intelligent acts with
sufficient awareness of the relevance of circumstances and consequences in
regard to waiving such right(s):

Waivers of constitutional rights not only must be voluntary, but must be


knowingly intelligent acts done with sufficient awareness of the relevant
circumstances and consequences. Brady v. U.S., 397 U.S. 742 at 748 (1970)

You must always make it known, whether orally or in written fashion (via
your legal pleading(s)) that you are not waiving any of your constitutionally
secured rights. It is your personal responsibility to reserve your rights, no
one elses. Not the judges or the prosecutors. But yours and yours alone!

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If you fail to reserve your rights, the way the Game is played, you have
unknowingly waived them:

When a waiverable right or claim is involved, the failure to make a


reservation thereof, causes a loss of the right, and bars its assertion at a later
date. Uniform Commercial Code 1-207.9, Andersons Edition

A waiver is the intentional relinquishment or abandonment of a known


right. United States v. Olano (1993) 113 S.Ct. 1770

To reserve your rights, simply express the reservation of rights in the


introduction of a legal pleading. See example below in Chapter 9.

Government (officials) doesnt want the Constitution itself done away with,
only the citizens constitutionally protected and secured rights, privileges
and immunities. Government officials themselves want the Constitution in
effect when they themselves may need to exercise a right, privilege, or
benefit under it.

But being technical, the Constitution has long since been done away with,
though not on the surface, with the proof being the gold or yellow fringe on
the U.S. flag which denotes a new jurisdiction: maritime-admiralty
jurisdiction (military law, law of the high seas). This new jurisdiction
changes civil law or the law of the land that used to govern this nation.

When a gold or yellow fringe has been added to the American flag, it
changes the nature of that flag. Dont take my word for it. Take the
governments own words for it. Consider the following:

Anything put on the American Flag such as a gold fringe mutilates the flag
and carries a one-year prison term. Confirmed by Title 36 U.S.C. 176(g).
Title 4 U.S.C., Section 3

The gold fringe is a fourth color and represents color of military law
jurisdiction and when placed on the Title 4 U.S.C. 1 and 2 Flag, mutilates
the Flag and suspends the Constitution.
A military flag that resembles the regular flag of the United States,
except that it has a Yellow Fringe border on three (3) sides. President

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Dwight D. Eisenhower, Executive Order No. 10834, signed on August 21,
1959 and printed in the Federal Register at 24 F.R. 6865, pursuant to law.

Each Military Courtroom or any courtroom that displays these flags behind
the judge is a military courtroom, under military law and not constitutional
law, common law, civil law, or statute law.

Flag Martial Law. The use of such a fringe is prescribed in current Army
Regulation No. 260.10 34 Ops. Attorney General, 483 and 485

The Flag is trimmed on these sides with Fringe of Gold 2 inches wide,
and that, such flags are flown indoors, only in military courtrooms. And that
the Gold Fringed Flag is not to be carried by anyone except units of the
United States Army, and the United States Army division associations.
Army Regulations (AR 840.10), October 1, 1979

So there you have it! Being technical, the United States Constitution has
been suspended, but the good thing is this: government has not and will not
officially declare that the Constitution has been suspended. Government is
afraid to tell people this, and then again, because most people are too dumb,
stupid, oblivious, and disinterested, government really doesnt have to worry
about officially declaring the Constitution suspended.

The American people as a collective have been successfully dumb-downed


and as a result of this successful dumb-downing process, the government
never has to worry about telling the American people that the Constitution
has been suspended so that government can make better slaves out of us all
and rule us under tyranny (Law of the Gun). The average American citizen,
or actually U.S. citizen (there is a legal difference in terms) doesnt even
know the ten Bill of Rights to the United States Constitution, rights that once
protected the people from government intrusions.

They also dont know their state Constitutions rights, privileges, and
immunities. And pertaining to statutory law that has some 2 million books in
existence nationwide with over 60 million statutes, you can forget about it.
U.S. citizens on average just dont like to read anymore. I guess folks think
reading causes brain damage nowadays.

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So there you have it! The System does not like pro per litigants and it has a
lot to do with the subject matter jurisdiction argument. All courts must have
subject matter and personam jurisdiction in order to preside over a case.

These days, courts just force you into jurisdiction. Courts are straight up
gangsta nowadays. They have to be because they need and want that money
(from jail-time, fines, penalties, penalty assessments, etc.).

And if youre wondering how the System makes money from jail-time, you
need to know that states receive money from the federal government for
every prisoner it locks up. Theres a financial incentive for sending people to
prison. The last I heard, in California, the state received $40,000.00 per year
of federal money for every inmate. Thats right! $40,000.00! For that
amount of money the state could send every prisoner to college, even
prestigious USC (University of Southern California).

But you cant have model citizens in a society such as ours today because it
would threaten the penal system and industry and this system needs inmates
in order to stay open and operating. This is why there must always be crime
in our society. Crime is a business no matter what side of the law youre on.
This is just a sad but factual reality in our society.

The people in this country talk God a lot as if God really runs things here but
the truth of the matter in the Matrix is that government is God. It really is!

Okay, after the status of pro per, we have pro se.

Pro se. For himself; in his own behalf; in person. Appearing for oneself, as
in the case of one who does not retain a lawyer and appears for himself in
court. Blacks Law Dictionary, 5th edition, pg. 1099

Appearing in pro se is not the same as appearing in propria persona as


one appearing pro se is serving as his or her own attorney and thereby
granting the court jurisdiction (personam jurisdiction) as all attorneys are
officers of the court.

You see, when you proceed in pro per, you are appearing on your own
behalf, or sui juris:

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Sui juris. Latin: of his own right; possessing full social and civil rights; not
under any legal disability, or the power of another, or guardianship. Having
capacity to mamange ones own affairs; not under legal disability to act for
ones self. Blacks Law Dictionary (1979), 5th edition, pg. 1286

When you proceed in pro se, you are not appearing on your own behalf as a
free person (or even a so-called sovereign individual or citizen). Youre
appearing as a LAWYER your own lawyer and this is a big mistake, a
trap! Why? Well, you have to understand the true nature of a lawyer.

As stated above, use of a lawyer automatically converts you into the


jurisdiction (personam jurisdiction) of the court. This is why courts love for
the people to be represented by an attorney. Attorneys turn you over to the
courts jurisdiction whereby the court can do exactly as it pleases.

This is also the reason why every pro per litigant, especially in a criminal
case, at some point during his/her proceeding, will be told by a judge to seek
professional counsel (I advise you to get yourself a lawyer!).

A well-known saying or phrase used by judges and attorneys to discourage


the pro per litigant is: He who represents himself has a fool for an
attorney.

However, I, Djehuty Maat-Ra, say: He who allows an attorney to represent


himself, is a fool. Especially when you understand the nature and purpose
of attorneys.

Attorneys turn you over to the jurisdiction of the court. The word attorney
derives from a French word, aturne, meaning, to turn, or to turn over.

When you proceed in pro se, you are telling the court and prosecutor that
you yourself are an attorney so not only have you yourself turned yourself
over to the jurisdiction of the court but you have also made yourself an agent
of the court. Thats right! All attorneys are agents of the court and their first
duty is not to their client(s), but to the court and this is well documented:

Attorneys are officers of the court. Shelsor v. Kaiser (10th Cir. 1996) 81 F.
3d 1492, 1501

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BAR Attorneys first duty is to courts, not client. Corpus Juris Secundum,
Chapter 7, Section 4

Attorneys are officers of the court, and when they address the judge
solemnly upon a matter before the court, their declarations are virtually
made under oath. Shelsor v. Kaiser (10th Cir. 1996) 81 F.3d 1492, 1501

So now do you understand the implications of proceeding in pro se or as


ones own attorney? When you proceed in pro se, you are basically making
the statement that: (1) you are an officer of the court, (2) your first duty is to
the court and not yourself, and (3) when you address the court (judge) on a
mater before the court your words are automatically made under oath.

This is why pro se litigants dont catch the same amount of hell as pro per
litigants do in court when attempting to litigant a legal matter. Judges
understand the difference in these two terms and react accordingly.

Also, when you proceed in pro se, you are not only appearing as an attorney,
but also simultaneously as the client and it is black letter law that clients are
property (wards) of the court. They belong to the State (System):

Clients are wards of the court. Corpus Juris Secundum, Chapter 7,


Sections 2, 3

You never want to be a client because being a client makes the statement that
youre in a state of non compos mentis and non sui juris which nullifies your
right to appear on your own behalf and in your own person.

Non compos mentis. Not of a sane and sound mind.

Non sui juris. Latin: Not his own master. The opposite of sui juris (q.v.).
Lacking legal capacity to act for oneself as in the case of a minor or mentally
incompetent person. Blacks Law Dictionary (1979), 5th edition, pg. 954

Not only does being a client make you property (a ward) of the court (State,
System), it also makes the statement that your are a retard a person of
unsound mind:

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Wards of the court are infants and persons of unsound mind. Davis
Committee v. Loney, 290 Ky. 644; 162 S.W. 2d 189, 190; Blacks Law
Dictionary, 5th Edition wards of the court.

People who are of unsound mind must have their rights guarded jealously by
the court (State, System):

Their (wards) rights must be guarded jealously. Montgomery v. Erie R.


Co., C.C.A.N.J., 97 F.2d 289, 292

So now that you know the difference between in propria persona and in pro
se, always act accordingly and make sure you know why you are proceeding
in propria persona and not in pro se.

Now if you want to avoid the wrath of the court (judge) you could always
state on your legal pleadings that you are proceeding in pro se instead of in
pro per. This could be your little secret that only you know and no one else.
You could come pro per under the guise of pro se.

Its not a bad thing to take the path of least resistance, especially if you
desire a favorable outcome.

Be ye wise as serpents and gentle as doves. Jesus (Heru)

Chapter 3

The Faretta Doctrine: Your Right


to Represent Yourself
The law is clear in that as a criminal defendant (as well as a civil defendant),
you have a right to represent yourself (serve as your own counsel):

The Faretta Doctrine established the right to self-representation. Defendants


may choose to act as their own counsel (pro se), even though the decision
increases the probability of a conviction. Faretta v. California (1975) 422
U.S. 806

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Now while a pro per (or pro se) defendant has the constitutionally secured
right to defend him or her self and proceed without licensed and professional
legal counsel, the pro per (or pro se) litigant must voluntarily and
intelligently elect to do so and give the court notice and within a reasonable
time:

A defendant has a constitutional right to proceed without counsel when he


voluntarily and intelligently elects to do so. Faretta v. California (1975) 422
U.S. 806-807

The right to self-representation must be invoked within a reasonable time.


People v. Bradford (1997) 15 Cal.4th 1229, 1365

The 6th Amendment to the United States Constitution secures your right to
legal representation or counsel, even if you yourself are that legal
representation or counsel.

The 6th Amendment is made applicable on the state level via the 14th
Amendment (Due Process Clause).

Bill of Rights. Originally restrictive only on federal power, the Bill of Rights
has now largely incorporated into the due process clause of the Fourteenth
Amendment, and thus made applicable to actions by the states as well. It is
clear, however, that as a limitation on political power, the Bill of Rights
offers no protection against the interference with such rights by private
individuals. Barrons Law Dictionary, 4th Edition, page 52

Dont worry about all the 14th Amendment arguments about this amendment
allegedly making you a straw person, legal fiction/legal entity, etc. Youre
not going down this road with this approach herein. The courts are very
adverse to sovereign arguments, and just being real, the government
officially destroyed and ended the sovereign movement back in 2004 with
the convictions of many of the leaders of the sovereignty movement.

Just remember that the Bill of Rights are federal in nature and you only have
these rights against federal government agencies, i.e. F.B.I. (Federal Bureau
of Investigation), I.R.S. (Internal Revenue Service), D.O.J. (Department of
Justice), etc. You cannot enforce the Bill of Rights (10 Amendments) against
the State or state agencies. The secret of enforcing your federal
constitutional rights is utilizing the 14th Amendment.

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The 14th Amendment is a portal that brings the federal Bill of Rights on to
the state level, but beware that not all Bill of Rights are applicable on the
state level, just a few, i.e. 1st Amendment, 4th Amendment, 5th Amendment,
6th Amendment, and 8th Amendment.

When you use the Bill of Rights on the state level, always use the 14th
Amendment as your authority, i.e. Due Process of law, as per U.S.C.A.,
amend.14, Right to Speedy Trial, as per U.S.C.A. amend.6, etc.

NOTE: U.S.C.A. = United States Constitution Annotated

Also, for the State and/or state agencies, you can and should enforce the
states Constitution and laws (statutes and case law/legal precedent).

Again, dont worry about all the 14th Amendment arguments about this
amendment allegedly making you a straw person, legal fiction/legal entity,
etc. Youre not going down this road with this approach Im teaching you.

The courts are very adverse to sovereign arguments and again, just being
real, the government officially destroyed and ended the sovereign movement
back in 2004 with the convictions of many of the leaders of the sovereignty
movement, i.e. Lynne Meredith, Dave Hinkson, Johnny Liberty, et al.

The conviction of tax honesty movement member and sovereign citizen,


Lynne Meredith, brought the so-called sovereignty movement to its knees.

Meredith was best known for her book, Vultures in Eagle's Clothing: Lawfully Breaking Free
From Ignorance Related Slavery (1997). She also wrote a sequel, How to Cook a Vulture!
(1999), and lead organizations called "Sovereignty Pure Trusts" and "We the People" (which
was not related to the organizations created by Robert Schulz).

Meredith allegedly earned more than $6,000,000 selling books, tapes, and other tax materials,
as well as seminar and appearance fees, before she was finally indicted for tax-related crimes.
She was convicted of conspiracy to defraud the United States, four counts of mail fraud, two
counts of using a false social security number, making a false statement in a passport
application, and five counts of failing to file a tax return, and sentenced to more than 10 years
(121 months) in prison. United States v. Lynne Meredith, No. CR 02-00372-DDP (U.S.D.C.
S.D. Cal.). She is currently federal prisoner #24001-112 and is scheduled to be released from
prison on February 2, 2013.

She tried to sue the IRS agents who executed the search warrant that lead to her criminal
conviction, alleging that the searches violated her constitutional rights, but the suit was
dismissed on a motion for summary judgment. Gayle Bybee et al. v. Andrew Erath et al., No.
05-56097 (9th Cir. 12/22/2008), affirming 88 AFTR2d Par. 2001-5412, 2001 TNT 201-16, No.
CV-99-13100-FMC (U.S.D.C. C.D. Cal. 9/19/2001).

Page 20
Meredith was indicted (and convicted) with five other persons who worked with her: Gayle
Bybee (convicted of conspiracy and three counts of failing to file a tax return and sentenced to
60 months in prison), Gregory Paul Karl, a former CPA (convicted of conspiracy and four
counts of mail fraud), Teresa Manharth Giordano (convicted of conspiracy, four counts of mail
fraud, and two counts of failing to file a tax return, and sentenced to 40 months in prison),
Willie Watts, also a former CPA (convicted of conspiracy, three counts of mail fraud, and three
counts of failing to file a tax return, and sentenced to 36 months in prison), Betty Erickson
(convicted of three counts of failing to file a tax return), and Nora Moore (convicted of three
counts of failing to file a tax return). United States v. Lynne Meredith, No. CR 02-00372-DDP
(U.S.D.C. S.D. Cal.).

One person who read Meredith's book and tried to practice her teachings was James Ellett,
and as a result he was convicted of three counts of income tax evasion and sentenced to 18
months in prison. United States v. James Ellett, 2008 TNT 102-63, No. 07-3682 (2nd Cir.
5/23/2008).

Litigants can be assisted by unlicensed laymen during judicial proceedings,


as per Brotherhood of Trainmen v. Virginia ex rel. Virginia State Bar, 377
U.S. 1; Wainwright, 372 U.S. 335; Argersinger v. Hamlin, Sheriff, 407 U.S.
425. But remember, laymen can only assist behind the bar, not cross it.

Chapter 4
Understanding What An Appearance Is In
Legal Language

In law, appearance does not exclusively mean: to physically appear or show


up (to court). A litigant can also appear via a legal pleading, by filing a
legal pleading in response to an action.

A litigant can appear via various response pleadings, i.e. a demurrer, motion,
or answer (to complaint). This constitutes an appearance. Basically, the court
has heard from you. In this respect, appearance can mean to be heard from
or to respond to a summons and complaint.

However, the primary meaning of appearance means to formally appear in


person before the court (judge):

Appearance. A coming into court as party to suit, either in person or by


attorney, whether as plaintiff or defendant. The formal proceeding by which
a defendant submits himself to the jurisdiction of the court. The voluntary
submission to a courts jurisdiction. Blacks Law Dictionary (1979), 5th
edition, pg. 89

Page 21
You should know that when you do show up before the court (judge), you
are admitting to and submitting yourself to the jurisdiction of the court.

Personally, I dont recommend that you attempt to fight this or rebel against
it (giving the court jurisdiction) because you are dealing with a bona fide
criminal system and enterprise that utilizes the Law of the Gun to enforce its
tyrannical dictates. Many delusional citizens who refer to themselves as
sovereign citizens end up in jail because they foolishly try to enforce an
unacceptable form of law and legal arguments predicated upon it (i.e.
sovereignty) on the court system.

Today, courts will reject sovereign arguments, whether youre a patriot,


sovereign citizen, Moor, Preamble Citizen, free white person, etc. It doesnt
matter! They will lock your ass up today if you dont know how to play their
game or refuse to play their game. You are messing with their business ($$).

So again, in my opinion, it is not wise to not show up in court as some


statement of protesting or rebelling against subject matter jurisdiction and
personam jurisdiction. The way this thing is set up is that you have to
basically willfully and voluntarily sacrifice personam jurisdiction in order to
deal with subject matter jurisdiction. You are forced or coerced into doing
this by way of threat of arrest and imprisonment.

Your failure to appear in court to contest subject matter jurisdiction may


result in a warrant being issued for your arrest in addition to another charge
(i.e. failure to appear) being levied against you and in which youll have to
defend against.

Modern day courts are literally forcing you to show up at court and by doing
so, are forcing you to submit yourself to the jurisdiction of the court. This is
the truth!

I remember one time I went to court and argued jurisdiction and I told the
judge that the court didnt have jurisdiction and the judge looked at me and
told me: But youre here! What do you mean we dont have
jurisdiction? You showed up!
I learned via firsthand experience that by mere act of showing up, you give
the court jurisdiction over everything subject matter and personam. I

Page 22
learned quickly that the courts throw us a Situation Catch 22: damned if we
do, damned if we dont.

If you willfully dont show up, depending on the nature of the proceeding,
youll either receive a warrant for your arrest and a charge of FTA (Failure
to Appear) which is usually a misdemeanor in nature, if the matter at hand
is criminal; or, youll receive an OTC (Order to Show Cause) if the matter
is civil and if you willfully fail to show up for the OTC a civil warrant,
called a capias, may be issued for your arrest, or, a default judgment will be
issued against you.

So clearly you should be able to see how not showing up is not in your best
interest. I have too many Moorish friends here in California who went to jail
from arrest warrants issued for their willful failure to appear in court. Most
were pulled over for minor traffic violations and the cop performed a search
on them and thats when the arrest warrants appeared and these mostly males
and a few females ended up in handcuffs and were transported to jail and
usually all over some minor court hearing or proceeding that if they
possessed a vast knowledge of statutory law they could have gone to court,
played the Game, got their favorable result, and went on about their business
of living life.

Many would-be sovereign citizens unwisely attempt to resist the legal


tyranny by refusing to show up to court in response to receiving a summons
and complaint, traffic ticket or citation, or a scheduled court date. You must
remember, What you resist, persists! Become legally astute and always
show up to court!

In law, there are generally two types of nature of an appearance: (1) General,
and (2) Special.

An appearance may be either general or special; the former is a simple


and unqualified or unrestricted submission to the jurisdiction of the court,
the latter a submission to the jurisdiction for some specific purpose only, not
for all the purposes of the suit. A special appearance is for the purpose of
testing the sufficiency of service or the jurisdiction of the court; a general
appearance is made where the defendant waives defects of service and
submits to the jurisdiction. Insurance Co. of North America v. Kunin, 175
Neb. 260, 121 N.W.2d 372, 375, 376

Page 23
A pro per litigant should always appear special if he/she is the defendant
in a criminal case (and certain civil cases).

If a pro per litigant initiates a civil case, they should NOT claim to appear
special, but general or voluntary as they are seeking a benefit from the
court, so in this case it is wise to grant or confer jurisdiction on the court so
that the court can work in your favor and deliver to you the remedy that you
are seeking from the court.

So it makes sense for a defendant to appear special in a criminal case,


especially if you are contesting the jurisdiction, perhaps just to force the
court to work (prove the jurisdiction) which is a good tactic but which
usually pisses the judge off because these days jurisdiction is never proven.
All the judge says is, the court has jurisdiction and we will now proceed
(or move forward).

After a judge says this, all you can do is object on the record and argue the
issue of jurisdiction later on (on appeal).

Im telling you, you are dealing with a legion of snakes in the American
judicial system. Real law like you saw on the television series Matlock is
no more. The American judicial system is a business and operates solely and
strictly for profit and at the expense of the American citizens
constitutionally secured and protected rights and personal property, and the
System gets away with it because the average American citizen (U.S.
citizen) is plainly ignorant to law and worse, their own rights or secured
liberties. Thats how government gets away with the tyranny via collective
ignorance of the American people which is responsible for them sleeping on
their rights rather than exercising them.

The principles of justice would seem to require, that law should administer
its benefits to those who are vigilant in exercising their rights, and not to
those who sleep over them. Justice Story, Richards v. Williams, 20 U.S. 59,
116 (1822)

Americans (U.S. citizens) are enslaved today simply because they are
ignorant.

If a nation expects to be ignorant and free, in a state of civilization, it


expects what never was and never will be. Thomas Jefferson (1816)

Page 24
And whats worse, despite their enslavement, most Americans still think
they are free simply because they can go to the local nightclub and shake
their booty on the dance floor, download pornography on the Inter-net,
purchase cancer-causing cigarettes and smoke at will, purchase intoxicating
alcohol, pull up to any fast food restaurant and order some edible death, and
pretty much do what they want to in the way of unconsciously harming
themselves. They mistake all of this as having freedom.

Of course everyone does not do the above things, but for the masses, they
equate freedom with the freedom to consume, the freedom to be degenerate,
and the freedom to exclusively pursue the material values of the world with
no thought of pursuing the spiritual values of life.

Americans are enslaved but are so delusional that they falsely think and
believe they are free:

None are so hopelessly enslaved as those who falsely believe they are free.
Johann W. Goethe (German Poet, 1749-1832)

The people (mostly men) who run this government in particular, and this
world in general, are evil men and all the so-called good people (the masses)
are at the mercy of these evil men who I must admit have mastered coming
off as appearing nice, civil, and saintly in many respects.

Good people accept the tyranny of evil men under the banner of government,
public safety, and democracy and this is why evil truly triumphs in the
world.

The only thing necessary for the triumph of evil is that good people do
nothing. Edmund Burke

The American people have been successfully dumb downed dumb downed
via television (bullshit shows, reality TV shows, degenerate talk shows like
Jerry Springer), radio (degenerate, low frequency music that mostly only
glories sex, drugs, and violence), junk food and fast food, insalubrious
chemicals purposely put into beauty, hair care, skin care, body care,
perfumes and cologne products; household cleaning supplies, and a plethora
of other things the average person is totally oblivious to.

Page 25
Okay, moving on another type of acceptable appearance is when you hire
an attorney or lawyer to appear on your behalf, to represent you.

Appearance personally or by counsel. In all courts of the United States the


parties may plead and conduct their own cases personally or by counsel as,
by the rules of such courts, respectively, are permitted to manage and
conduct causes therein. Title 28 U.S.C. 1654

If you leave it up to the courts, if you fail to hire legal counsel and appear on
your own behalf in the proceeding, the court will have you appearing in pro
se, or as your own attorney. They wont have you appearing in pro per, but
in pro se, as your own attorney which is a status that automatically converts
jurisdiction of yourself over to the court in addition to making you an agent
of the court as explained above.

Any person representing himself or herself without an attorney must appear


pro se for such purpose. That representation may not be delegated to any
other person, including a spouse, parent or other relative, nor to any other
party on the same side who is not represented by an attorney. A non-attorney
guardian for a minor or an incompetent person must be represented by
counsel. Local Rules of Court, Rule 83-1.10.2 [Central District of
California]

Chapter 5
To Pay or Proceed In Forma Pauperis
Whether a so-called sovereign citizen or just a regular pro per or pro se
litigant your best bet in any civil court action, especially as the plaintiff
(initiator of an action) in a case, is to always PAY! Pay your filing fees to the
court to have your case filed and grievance(s) heard.

Why do I advise this? Well, because its PAY TO STAY AND TO PLAY!
If youre going to play the game in this court (field), its best to pay. A
paying court customer gets more for his money than someone who proceeds
in forma pauperis.

I do not like the term and status of in forma pauperis. This term means in
the form or status of a pauper.

Page 26
And what is a pauper?

pauper ! pp! rnoun. A very poor person.

A pauper is a poor person and if you are poor in the United States, Im sorry,
but you dont have any rights; no rights bound to be respected and protected
by the courts in this nation-corporation.

Justice, the worlds form of justice, costs money. Considering the following:
You only get as much justice as you can afford. If you don't know your
rights, you simply don't have any! The top 10% of income earners can afford
to have a lawyer on retainer and are accustomed to asking their lawyer for
advice before making decisions.
Rich people get way more justice compared to poor people because rich
people can afford to play the Game whereas poor people cannot. In most
cases, the rich get off or beat their cases (even if theyre guilty of the crime
or allegation in many cases) whereas the poor usually get convicted (even if
innocent of all allegations or charges in may cases).
Ignorant, poor people dont have access to the best lawyers that money can
buy. Instead, they have programs like Pre-paid Legal which is a joke!
Unsuspecting people are paying $15-$25 per month for a service that does
not and will not teach them law (like Im doing) but will only recommend
them a lawyer for legal services.

You dont have to pay $15-$25 for lawyer referral services. These kinds of
programs are offered free at your local courthouse. You just have to stop
being lazy, get off your ass, and go down to the local courthouse and inquire
about lawyer referral services.

Or, you can always peruse the Yellow Pages for a lawyer or law firm, should
you choose to go the lawyer route.

But pre-paid legal services? What a rip off!

And why are you paying in advance for legal services anyway? Do you not
understand the laws of energy? The simple fact that you are paying for legal
services in advance, when at present you have no need for legal services,
reveals you are putting into motion the need to soon have a need for legal

Page 27
help. You are creating a legal scenario in your future by paying for legal help
(lawyer referral services) in advance. This is not a wise thing to do in my
humble and honest opinion.

And yes, the 10% of income earners do utilize attorney services, but not for
the same reasons as poor people. Poor people usually do not need attorneys
for advice, but for legal representation and usually for some criminal matter.
Rich people check with an attorney in advance of an action. Poor people
however check with an attorney after an action, usually a senseless action,
and also while in a state of desperation.

If they cant afford an attorney, then they have no choice but to utilize the
public defender, especially if they are too ignorant and indolent to learn law
on their own and for their own interests.

You see, ignorance renders you no choices and opportunities in life and
thats why there is no incentive or bonus in being ignorant.

Law is a business in this country today. You have to have money to file an
action nowadays. Filing fees can run you anywhere between $250 and $500
depending on where you reside. Here in California, Los Angeles County to
be exact, filing fees at the Superior Court of California for a civil action is
$325.00.

Thats right! A whopping $325 to file your complaint or first response in a


civil action! The majority of citizens cant afford to pay this fee and thus
have no choice but to apply for a fee waiver. These fee waiver bears witness
to their financial status because at the bottom of the fee waiver form used in
California, it states in Latin in forma pauperis which means in the form of a
pauper, or basically, in the form of a poor person.

Litigants who usually proceed in forma pauperis are really at the mercy of
the court because when you proceed in forma pauperis, you are exercising a
privilege and not a right.

You are exercising a privilege because the court (government, System)


allowed you to file your complaint (or other pleading) without paying the
necessary filing fees.

Page 28
As a pro per or pro se litigant proceeding in forma pauperis, you stand a
great chance to be treated like crap. And God forbid you delude yourself to
thinking and believing youre one of these so-called sovereign citizens and
go into a court action and proceeding as a pro per litigant whose complaint
or other pleading got filed under in forma pauperis.

As a matter of fact, you cant even attempt to claim that youre a so-called
sovereign citizen when you understand the deeper dynamics of the term
pauper.

Under unrepealed law (Articles of Confederation), to this very day, paupers


do not have any rights. Its in black letters for all to read. Please reference
the following for your legal edification:

the free inhabitants of each of these States, paupers, vagabonds, and


fugitives from justice excepted, shall be entitled to all privileges and
immunities of free citizens in the several States Articles of Confederation,
IV

Youre told right in the Articles of Confederation that paupers are excepted
(disqualified) from all privileges and immunities of free citizens.

You cannot be free and a pauper (poor person) at the same time. You just
cant if you understand the above.

When the court allows you to proceed in forma pauperis it will hold you to
strict guidelines, much stricter guidelines than the average paying pro per or
pro se customer-litigant will ever experience.

In fact, failure to obey all rules, procedures, and guidelines may result in
dismissal of your case, especially if you have been allowed to proceed as a
plaintiff in the case or action.
Therefore, I suggest you pay all filling fees if you have the financial
wherewithal. You get more for your dollar as a paying court customer than a
pauper. You are a customer in court nowadays. Court is a business!

One of the biggest crimes in United States is to be poor. Why? Well, because
its the richest nation on planet Earth today.

Page 29
Its also the only sin too (to be poor). Why? Well, because the Universe is
abundant and God did not ordain poverty on anyone. The Rulers of the
Matrix have successfully brainwashed most people to embrace false
concepts of scarcity and lack. Conservation is used as a controlling device.

Things that cannot be exhausted (like energy and water) are constantly being
mentioned as being exhausted. This is a scheme to raise prices on these
commodities.

Energy and water are free! You are paying for their use while residing in
the city (civilization; enslavement).

Please understand that if you honestly do not have the necessary legal fees to
pay for your filings, by all means fill out a fee waiver (in forma pauperis)
form. Despite what you have just learned, the waiver is there to help and
serve you, especially if you become legally astute and learn how to play the
Game! BE SMART!

Chapter 6
The Best Law Dictionary to Use For Legal
Research

One of the major inquiries I receive consistently from people interested in


learning law and/or becoming so-called "sovereign" is what edition of
Black's Law Dictionary ("BLD") should they purchase.

Considering there are many editions, this is a good question. My answer is:
the 5th edition!

Black's Law Dictionary, 5th edition is the best "BLD" to purchase and study.
I personally learned one-third of all that I know in regards to American law
from studying this edition of "BLD."

You see, the 5th edition of "BLD" is reportedly the edition modern day
judges use in American courthouses, which are really merchant tribunals
based upon how they operate today. Courts are measures and machines for
collecting cash for governments nowadays. You see this all time pertaining
to traffic cases. However, this is not the fault of judges, the court system,
politicians, or government in my opinion.

Page 30
It is the fault largely due to the American people (U.S. citizens) who have
become so fearful, lazy, and ignorant pertaining to their rights and the duties
of their governing bodies and officials, so much so that their elected officials
tell them what to do despite the citizens paying the elected officials via their
tax dollars. You know, employers (American people) are supposed to tell
their employees (government officials) what to do, but no longer with
American citizens. Americans, generally speaking, have been successfully
dumb downed! People fear government instead of government fearing
people. This was the slogan of the movie "V For Vendetta", one of my
favorite movies "containing a message."

The 5th edition of "BLD" was the last "BLD" edition to contain case-
decisional law or legal precedent. All editions after the 5the edition - the 6th,
7th, 8th, and now 9th, do not contain case-decisional law or legal precedent.

Judges do not use the 6th, 7th, 8th, or 9th edition of "BLD" so why should
you? Use what judges use!

What about "BLD" editions prior to the 5th edition? Well, these are good
editions but the case-decisional law is a little outdated despite most of the
case-decisional law not being repealed or overturned. However, the 1st, 2nd,
3rd, and 4th editions of "BLD" are far better than the editions that came after
the 5th edition.

Is Black's Law Dictionary really British law? From my personal research,


yes it is! Would I go to court bringing this up? Of course not! Why? Well,
simply put, there is no case law or legal precedent to substantiate it;
however, there's plenty of independent research out there to substantiate it.

I do have sound reason to believe that "BAR" in BAR Association stands for
"British Accreditation Regency" and that all attorneys are knights for the
British or Royal Crown. After all, behind every attorney's name is the title
"Esquire" which is a British term. This is something to think about!

Esquire. noun. Historically, a young nobleman who, in training for


knighthood, acted as an attendant to a knight; an officer in the service of a
king or nobleman.

America (The United States) has no royalty, but Great Britain (England)
does! Why would American attorneys have "Esquire" behind their names?

Page 31
So yes, from my research, we practice copyrighted British law (given to us
via statutes or codes) under license (all attorneys must be licensed to practice
law) and unbeknownst to attorneys and laymen alike.

Attorneys must be licensed (have permission) to use what is copyrighted and


belongs to another. Failure to obtain permission (license) is a crime
punishable under the law, i.e. practicing law without a license, which is a
misdemeanor offense.

Despite the foregoing, Black's Law Dictionary is the premiere legal


dictionary in American courtrooms or merchant tribunals and I suggest you
learn to play the game for purposes of getting yourself a victory. Just go for
the legal victory; don't try and change the System. Just change yourself! It's
easier to just change yourself.

Read and utilize every available book used by the judges, prosecutors, and
independent lawyers. Most of them are available for sale at good legal
bookstores. Most legal professionals including judges, prosecuting attorneys,
and defense attorneys use West Law Publishing materials (code books) and
therefore you should too. Use what the professionals use!

Lastly, don't go to court with Bouvier Law Dictionary arguing with the judge
and/or prosecuting attorney that Bouvier is the legal or law dictionary of
sovereign individuals (as some individuals do) because this is a ghost legal
dictionary of America's once great past.

Bouvier, in fact, is the one true legal dictionary for the U.S.A. Republic, but
they were taken out of print in 1914. I myself own a deluxe 1914 edition (the
last edition ever printed) of Bouvier Law Dictionary and it is priceless to me
and very invaluable. It even contains case-decisional law.

Bouiver Law Dictionary was printed by John Bouvier (1787-1851), a


relative of former First Lady, Jackie Kennedy, and the dictionary was
adapted to the Constitution and Laws of the United States, a fact that makes
it very invaluable and the dictionary of choice for most so-called legal-
political sovereigns and patriots.

The most famous edition was his 6th edition, printed in 1856, though his
very first edition was published in 1839. At the time of his death in 1851,
Bouvier was working on his 4th edition of the dictionary.

Page 32
Whether you purchase Black's Law or Bouvier, or both, purchase yourself a
law or legal dictionary and be like Malcolm X (who read the dictionary from
A to Z while imprisoned) and read and study it from A to Z. This is how you
will come to learn and understand many things about law in this country
(corporation).

Just remember, when it comes to Black's Law Dictionary, refrain from


purchasing editions after the 5th edition, which was printed in 1979.

There are two other law or legal dictionaries I would advised you to
purchase if you can find them: (1) Ballentines Law Dictionary, 2nd edition
(1930 or 1948) and (2) Barrons Legal Dictionary, 3rd edition (2003).

Bouvier, Black's Law, and other good legal material (especially for
California) can be purchased from:

www.thelawbookstore.com and www.west.thomson.com

Chapter 7
Legal Research
An astute pro per litigant should study every book pertinent to his or her
legal edification and especially to be victorious in court.

Every astute pro per litigant should own a copy of the United States
Constitution and their respective State Constitution and study both books. A
good legal dictionary can be used to look up all words in a constitution that
you may not be able to understand.

There are also available annotated editions of both federal Constitution and
state Constitution that include legal precedent on constitutional issues and
various amendments and sections and clauses.

Write down (in a legal notebook) and then look up every word you have
difficulty understanding.

Statutes can be studied in codebooks, i.e. Vehicle Code, Penal Code, Civil
Code, and Family Code. Annotated codebooks are the best ones to study

Page 33
from as they usually contain case law (legal precedent) legislative intent, and
case histories.

Case law can be very challenging pertaining to personal studies because


there are so many and each state and region has its own case law.

Usually, states comprising a region has its legal precedents recorded in


books called Reporter i.e. California Reporter.

The federal courts also have reporters for their case law or legal precedent,
i.e. United States Reporter (or Reports).

Because so much case law exists, reporters will exist in volumes.

West Publishing puts out continuous volumes of reporters, which are


geographically divided as follows:

The Atlantic Reporter (Atl.), which covers Connecticut, Delaware, Maine,


Maryland, New Hampshire, New Jersey, Pennsylvania, and Rhode Island.

The California Reporter (CR), which covers the State of California.

The New York State Reporter (NYS), which covers the State of New York.

The Northeast Reporter (N.E.), which covers Illinois, Indiana,


Massachusetts, Nebraska, North Dakota, South Dakota, and Wisconsin.

The Northwest Reporter (N.W.), which covers Iowa, Michigan, Minnesota,


Nebraska, North Dakota, South Dakota, and Wisconsin.

The Pacific Reporter (P), which covers Alaska, Arizona, California,


Colorado, Hawaii, Idaho, Kansas, Nevada, New Mexico, Oklahoma,
Oregon, Utah, Washington, and Wyoming.

The Southern Reporter (S or So.), which covers Alabama, Florida,


Louisiana, and Mississippi.

The Southwestern Reporter (S.W.), which covers Arkansas, Kentucky,


Missouri, Tennessee, and Texas

Page 34
Federal case law are contained in four books:

United States Reporter or Reports (abbreviated U.S.Rptr.)

Supreme Court Reporter (abbreviated S.Ct.)

Lawyers Edition (abbreviated L.Ed)

Federal Supplement (abbreviated F.Supp., F.2nd, or F.3rd)

NOTE: The first edition is known as F.Supp. and next editions are known
as F.Supp.2d or F.2nd, F.Supp.3d or F.3rd, and F.Supp.4th or F.4th.

The U.S. Reporter, Supreme Court Reports or Reporter, Lawyers edition,


and Federal Supplements all contain recorded case law from cases on the
federal court level.

The federal court level includes, in order of most importance:

United States Supreme Court

Federal Court of Appeals (there are 13 circuits on the federal level of


appeals courts, i.e. 2nd Circuit Court of Appeals, 9th Circuit Court of Appeals,
etc.)

Federal Court (also known as United States District Court). There are 11
circuits of courts on this level: 1st Circuit, 2nd Circuit, 3rd Circuit, 4th Circuit,
5th Circuit, 6th Circuit, 7th Circuit, 8th Circuit, 9th Circuit, 10th Circuit, and
11th Circuit.

1st Circuit includes Maine, Massachusetts, New Hampshire, and Rhode


Island.

2nd Circuit includes: Connecticut, New York (Eastern, Northern, Southern,


and Western district).

3rd Circuit includes: Delaware, Pennsylvania (Eastern, Middle, and Western


district), and New Jersey.

Page 35
4th Circuit includes: Federal (or District of Columbia), Maryland, North
Carolina (Eastern, Middle, and Southern district), Virginia (Eastern and
Western district), and West Virginia (Northern and Southern district)

5th Circuit includes: Louisiana (Eastern, Middle, and Western district),


Mississippi (Northern and Southern district), and Texas (Eastern, Northern,
Southern, and Western district).

6th Circuit includes: Kentucky (Eastern and Western division), Michigan


(Eastern and Western division), Ohio (Northern and Southern district), and
Tennessee (Eastern, Middle, and Western district).

7th Circuit includes: Illinois (Central, Northern, and Southern district),


Indiana (Northern and Southern district), and Wisconsin (Eastern and
Western district).

8th Circuit includes: Arkansas (Eastern and Western district), Iowa (Northern
and Southern district), Minnesota, Missouri (Eastern and Western district),
Nebraska, North Dakota, and South Dakota.

9th Circuit includes: Alaska, Arizona, California (Central, Eastern, Northern,


and Southern district), Common Wealth of Northern Mariana Islands, Guam,
Hawaii, Idaho, Montana, Nevada, Oregon, Washington (Eastern and Western
district).

10th Circuit includes: Colorado, Kansas, New Mexico, Oklahoma (Eastern,


Northern, and Western district), Utah, and Wyoming.

1tth Circuit includes: Alabama (Middle, Northern, and Southern district),


Georgia (Middle, Northern, and Southern district).

For a visual of the map of the circuit court, just cut and paste the link:
www.uscourts.gov/images/CircuitMap.pdf

How To Look Up A Specific Case

Its very easy to look a specific or certain case, be it a state case or federal
case.

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A case will always feature the cases name, the title of the book it is recorded
in, the volume of the book (its recorded in) and the specific page numbers
denoting the page(s) you can read about the case on.

Lets perform some exercises for your legal edification:

Lopez v. Smith (9th Cir. 2000) 203 F.2d 1122, 1126-30

Lopez v. Smith means or stands for Lopez versus Smith. Lopez v. Smith is the
name of the case. NOTE: in law v stands for versus.

9th Cir. 2000 stands for Ninth Circuit Court (on the federal level; NOTE:
there are 11 circuits of courts on the federal trial level) and 2000 stands for
the year the case was heard.

203 F.2d 1122, 1126-30 means or stands for: 203rd volume of the Federal
Supplement, page 1122 and pages 1126 through 1130.

So basically, its: (1) case name, (2) volume of the book, (3) name of the
specific book, (4) page number(s) to read about the case.

NOTE: sometimes the year the case was heard in will be included, i.e. Davis
v. Cameron Corporation, 233 F.Supp.4th, 33-36 (2008)

Okay, lets try another case!

Platsky v. C.I.A., 953 F.2d 25

Platsky v. C.I.A. is the name of the case. It is recorded in the 953rd volume of
the Federal Supplement, 2nd edition, on page 25.

Okay, heres another case:

Nelson v. Gaunt, 125 Cal.App.3d 623, 638 (1981)

Nelson v. Gaunt is the name of the case. It is recorded in the 125th volume of
the California Appeals (Reporter), the 3rd edition, on pages 623 and 638, and
was heard in the year 1981.

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Insurance Co. of North America v. Kunin, 175 Neb. 260, 121 N.W.2d 372,
375, 376

Okay, last one (exercise):

Insurance Co. of North America v. Kunin is the name of the case. It is


recorded in the 175th volume of the Nebraska Reporter on page 260 and is
also recorded in the 121st volume of the Northwest Reporter, 2nd edition, on
pages 372, 375, and 376.

How To Look Up A Specific Code Section

Looking up a statutory code section is just as easy as looking up a case law


or legal precedent.

Okay, here are some examples:

Title 28 U.S.C. 1654. Title 28 means, stands for, or denotes the 28th Title
of the United States Code, section 1654.

NOTE: Sometimes you may see U.S.C.A. instead of U.S.C., and the
U.S.C.A. stands for United States Code Annotated.

annotate ! an! " ttverb [ trans. ] add notes to (a text or diagram) giving
explanation or comment : documentation should be annotated with explanatory
notes | [as adj. ] ( annotated) an annotated bibliography.

Okay, another example for your legal edification:

California Civil Code 19.6.

California Civil Code is the name of the book and 19.6 stands for section
19.6.

NOTE: In law, the symbol stands for section. This symbol is found on
your computer in your Tool Bar under Insert under Symbol.

In your legal pleadings, you may write out the word section or use the
symbol .

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16 C.J.S. 5 stands for the 16th volume of Corpus Juris Secundum, section
5.

5 Am.Jur. 27 stands for the 5th volume of American Jurisprudence, section


27.

I.R.C. 3402 stands for Internal Revenue Code, section 3402.

California Civil Code 827(b)(1) stands for California Civil Code, section
827, subdivision (b), subsection or paragraph (1).

NOTE: When you see a section with numbers and letters following
immediately after, i.e. 827(b)(1) it denotes section followed by
subdivision, followed by subsection (or paragraph).

Chapter 8

Rules of Legal Pleading


A pro per litigant, especially a very astute one, should know to follow all the
court rules and procedures of pleading, especially since most judges are
already biased against the pro per litigant for the simple fact that they dare
not hire and use an attorney but instead learn to become legally astute and
prosecute their own case.

It is very important to follow the courts rules and procedures pertaining to


pleading and content of pleading considering judges will use technicalities to
inconvenience, delay, and even dismiss a pro per litigants case so as to
dissuade the pro per litigant from being a lawyerless litigant.

As a pro per litigant, the courts have given you leeway in preparing your
legal pleading(s). A pro per litigants pleading will not be held to the same
stringent standards required by professional attorneys, and will be liberally
construed (or interpreted):

Allegations such as those asserted by petitioner, however inartfully pleaded,


are sufficient which we hold to less stringent standards than formal
pleadings drafted by lawyers. Haines v. Kerner, 404 U.S. 519 (1972)

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Liberal construction. PLEADINGS TO BE LIBERALLY CONSTRUED.
In the construction of a pleading, for the purpose of determining its effect, its
allegations must be liberally construed, with a view to substantial justice
between the parties. California Code of Civil Procedure 452

Pro per legal pleadings are to be liberally construed with a view to


substantial justice. Haines v. Kerner (1972) 404 U.S. 519; Jenkins v.
McKeithen (1959) 395 U.S. 411, 421; Picking v. Pennsylvania R. Co., 151 F.
2d 240; Pucker v. Cox, 456 F.2d 233; California Code of Civil Procedure
457, Penal Code 957

In civil rights cases in which the Plaintiff appears pro se, the pleadings must
be construed liberally, so as to afford the Plaintiff the benefit of any doubt as
to the potential validity of the claims asserted. Karim-Panahai v. Los
Angeles Police Department (9th Cir. 1988) 839 F.2d 621, 623

Pro se pleadings must be liberally construed, especially where civil rights


claims is involved. Huffman v. Fiola (N.D. Cal. 1994) 850 F.Supp. 833, 836,
citing Hughes v. Rowe (1980) 101 S.Ct. 173, 175-76

While a pro se litigant is entitled to considerable leeway when the Court


construes his/her pleadings, pleadings should be clear and cognizable
enough in providing the defendant with notice of what it is that they
allegedly did wrong:

However, while a pro se litigant is entitled to considerable leeway when the


Court construes his pleadings, those pleadings still must meet some
minimum threshold in providing the defendants with notice of what it is that
they allegedly did wrong. Brazil v. U.S. Department of Navy (9th Cir. 1995)
66 F.3d 193, 199, cert. denied, 517 U.S. 1103 (1996)

A pro pers pleading(s) will be considered by the court (judge) without


regard to technicality:

Pro se pleadings are to be considered without regard to technicality; pro se


litigants pleadings are not to be held to the same high standards of
perfection as lawyers. Jenkins v. McKeithen, 395 U.S. 411, 421 (1959);
Picking v. Pennsylvania R. Co., 151 F2d 240; Pucker v. Cox, 456 F.2d233

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Despite the leeway given, do your best to create the most professional
pleading(s) possible. It makes a good statement and makes the judge and
opposing party and/or counsel take you seriously.

Make sure you purchase a copy of the Federal Rules of Civil Procedure
(F.R.C.P.) as well as your states rules of Civil Procedure, i.e. New York
Rules of Civil Procedure.

Now while a pro per litigant may be given leeway in his/her pleading(s),
considerations beyond pleading(s) do not apply:

When an appellant decides to represent himself in propria persona, he is


entitled to the same, but no greater, considerations than other litigants and
attorneys. Nelson v. Gaunt, 125 Cal.App.3d 623, 638 (1981)

A pro per litigant is held to the same restrictive procedural rules as an


attorney. Bistawros v. Greenberg, 189 Cal.App.3d 189, 193 (1987); People v.
Scott, 64 Cal.App.4th 550, 565 (1998), cert. denied; Scott v. California, 528
U.S. 1114, 120 S.Ct. 931 (2000)

A good thing about proceeding in a case as the plaintiff, pro per or


otherwise, is that courts will accept the allegations or material facts of the
plaintiff as true and factual:

The Court accepts all allegations of fact in the complaint as true and
construe them in the light most favorable to the plaintiff. Warren v. Fox
Family Worldwide, Inc. (9th Cir. 2003) 328 F.3d 1136, 1139; Barron v. Riech
(9th Cir. 1994) 13 F.3d 1370, 1374

All well-pleaded allegations of material fact are taken as true and


constructed in a light most favorable to the non-moving party. Wyler Summit
Partnership v. Turner Broadcasting Sys., Inc. (9th Cir. 1998) 135 F.3d 658,
661

Plaintiffs allegation of material fact must be taken as true and construed in


the light most favorable to plaintiff. Love v. United States (9th Cir. 1989) 915
F.2d 1242

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The court must accept as true well-pleaded factual allegations, as per Miller
v. Glanz (10th Cir. 1991) 948 F.2d 1562, 1565. This is black letter law.

However, you will be given the chance and opportunity to PROVE these
allegations and material facts automatically taken to be true and factual upon
the filing of your complaint, so you had better do your homework lest the
legal discovery process expose the fact that you have or can make no case
and thus will have your case dismissed.

Okay, now lets study some of the existing rules (case law and statutes) that
govern rules of pleading pertaining to pro per litigants.

Pleadings are for means of arriving at fair and just settlements or outcomes
between parties or litigants, not to raise barriers such as prevention of the
right to prosecute a case in court:

Pleadings are intended to serve as a means of arriving at fair and just


settlements of controversies between litigants. They should not raise barriers
which prevent the achievement of that end. Proper pleading is important, but
its importance consists in its effectiveness as a means to accomplish the end
of a just judgment. Maty v. Grasselli Chemical Co., 303 U.S. 197 (1938)

Following the simple guide of Rule 8(f) that all pleadings shall be so
construed as to do substantial justice... The federal rules reject the approach
that pleading is a game of skill in which one misstep by counsel may be
decisive to the outcome and accept the principle that the purpose of pleading
is to facilitate a proper decision on the merits. The court also cited Rule 8(f)
FRCP, which holds that all pleadings shall be construed to do substantial
justice. Conley v. Gibson, 355 U.S. 41 at 48 (1957)

Basically, Conley v. Gibson states that a court shouldnt dismiss a case based
upon a mistake or misstep by a pro per litigant (who will also be called or
looked upon as counsel.).

No case should be determined or even dismissed because of a pleading(s),


but should be determined and/or dismissed only on the merits of the case.

The assertion of federal rights when plainly and reasonably made is not to be
defeated under the name of local practice. Davis v. Wechsler, 263 U.S. 22

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The assertion of federal rights, when plainly and reasonably made, are not to
be defeated under the name of local practice. Davis v. Welcher, 263 U.S. 22,
24; Stromberb v. California, 283 U.S. 359; NAACP v. Alabama, 375 U.S.
449

I like Stromberg v. California because it states that federal rights are superior
to local rules of practice that govern pleading in a local action. I have
witnessed a friend or two whose entire federal action (case) was dismissed
because a judge ruled he violated (didnt obey or adhere to) local rules of
procedure.

Another friend had his case thrown out (dismissed) by a federal judge
because the judge ruled that he violated (didnt obey or adhere to) the
Federal Rules of Civil Procedure.

When a judge dismisses a litigant/citizens case under local practice, that


judge makes the statement that local practice is more superior than the
litigant/citizens constitutional rights which the court has a duty to protect.
A pro per litigant and citizen has the right to file a lawsuit in federal court
pursuant to constitutional right to petition the government for redress of
grievances.

The right to file a lawsuit pro se is one of the most important rights under the
Constitution and laws. Elmore v. McCammon (1986) 640 F.Supp. 905

However, while a citizen/pro per litigant has a right to file a lawsuit in court
(state court and federal court), he/she must comply with all rules, especially
rules of procedure (and pertaining to pleading):

A pro se litigant must follow the Rules of Procedure like any other litigant.
Ghazail v. Moran (9th Cir. 1995) 46 F.3d 52, 54; cert. denied, 516 U.S. 838

Compliance with Federal Rules. Any person appearing pro se will be


required to comply with these Local Rules, and with the F.R.Civ.P.,
F.R.Crim.P, F.R.Evid. and F.R.App.P. Local Rules 83-2.10.3

NOTE: F.R.Civ.P. stands for Federal Rules of Civil Procedure;


F.R.Crim.P stands for Federal Rules of Criminal Procedure; F.R.Evid.

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stands for Federal Rules of Evidence; and F.R.App.P stands for Federal
Rules of Appeals Procedure.

Failure of a pro per litigant to follow and adhere to the rules of procedure
(on any level, F.R.Civ.P., local rules, etc.) can result in sanctions:

Sanctions. Failure to comply with the rules enumerated in L.R. 83-2.10.3


may be ground for dismissal or judgment by default. Local Rules 83-2.10.4

A pro per litigant should never communicate with a judge other than by
means of legal pleadings. Whatever you have to say to a judge or want the
judge to know, communicate it via legal pleading:

Communications With the Judge. Attorneys or parties to any action or


proceeding shall refrain from writing letters to the judge, making telephone
calls to chambers, or otherwise communicating with a judge in pending
matters unless opposing counsel is present. All matters shall be called to a
judges attention by appropriate application or motion filed in compliance
with these Local Rules. Local Rules 83.2.11

When you choose to represent yourself or defend yourself in pro per (or in
pro se), you have made the statement that you are competent enough to
know what youre doing. As such, you cannot have unlicensed legal help to
co-represent you or even assist you once behind the bar.

Any person representing himself or herself without an attorney must appear


pro se for such purpose. That representation may not be delegated to any
other person, including a spouse, parent or other relative, nor to any other
party on the same side who is not represented by an attorney. Local Rules of
Court, Rule 83-1.10.2 [Central District of California]

However, outside of court (and the bar), you have the right to be assisted by
laymen:

The cooperation and help of laymen, as well as of lawyers, is necessary if


the right of reasonable access to the courts is to be available. Johnson v.
Avery, 393 U.S. 483, 498

Page 44
Litigants can be assisted by unlicensed laymen during judicial proceedings.
Brotherhood of Trainmen v. Virginia ex rel. Virginia State Bar, 377 U.S. 1; .
Wainwright, 372 U.S. 335; Argersinger v. Hamlin, Sheriff, 407 U.S. 425

Faulty and Defective Pleadings

At some point as a neophyte in the game of law, you may experience being
charged with filing faulty and defective legal pleading. If the pleading is said
to be or in fact considered by the court to be fatally flawed, this means that
the court believes your pleading cannot be cured by amendment (changing
or correcting it).

However, before a pro per (or pro se) litigants case is dismissed due to
allegedly being flawed and/or defective, the litigant must be told by the court
(via civil minute) how the complaint or pleading is defective and how to fix
the pleading:

Court errs if court dismisses the pro per litigant without instruction on how
pleadings are deficient and how to repair pleadings. Platsky v. CIA, 953 F.
2d 25

If a court dismisses a pro per litigants case without doing what Platsky
points out, clearly the court errs.

A pro per litigant should and usually will be given an opportunity to cure
any and all defects in his/her complaint or other pleading, especially if the
original pleading is cognizable or somewhat cognizable to the point that a
judge can construe (interpret) the complaint or pleading:

A pro se litigant should be given a reasonable opportunity to remedy defects


in his pleadings if his factual allegations are close to stating a claim for
relief. Hall v. Bellmon (10th Cir. 1991) 935 F.2d 1106, 1110

If the opposing party and/or the court (judge) alleges that a complaint or
pleading(s) is defective and should be dismissed, the pro per litigant has the
burden of proving that an amended complaint or pleading can and would
cure or remedy the defect:

Page 45
It is the plaintiff who bears the burden of proving that amendment would
cure the defect contained in the complaint. Schifando v. City of Los Angeles,
31 Cal.4th 1074 (2003)

The plaintiff must show how the complaint might be amended to state a
viable cause of action. Duggal v. G.E. Capital Comm. Services, Inc., 81
Cal.App.4th 81 (2000)

If the pro per (or pro se) litigant cannot prove any facts in support of his/her
claim(s), especially after the discovery process has been utilized, his/her
complaint most often will be thrown out (dismissed):

A complaint should not be dismissed unless it appears beyond doubt that the
plaintiff can prove no set of facts in support of the claim that would entitle
the plaintiff to relief. Thompson v. Davis (9th Cir. 2002) 295 F.3d 890, 895

A court may dismiss a pro se complaint where it is patently obvious that


the plaintiff could not prevail on the facts alleged, and allowing him an
opportunity to amend his complaint would be futile. Whitney v. State of New
Mexico (10th Cir. 1997) 113 F.3d 1170, 1173 (quoting McKinney v.
Oklahoma (10th Cir. 1991) 925 F.2d 363, 365

When a pro per (or pro se) litigants original complaint is ruled faulty or
defective, the court must give the pro per litigant the opportunity to cure or
remedy the defect and the cured complaint becomes the pro per litigants
First Amended Complaint (FAC). A subsequent amended complaint would
be labeled the Second Amended Complaint.

The amended complaint also must be liberally construed by the court (judge)
and the allegations within it must be accepted as factual:

A pro se litigant is entitled to have his/her First Amended Complaint


liberally construed. Balistreri v. Pacifica Police Department (9th Cir. 1988)
901 F.2d 696, 699

The court must accept all factual allegations contained in the First Amended
Complaint as true and draw all reasonable inferences in favor of the
Plaintiff. Arpin v. Santa Clara Valley Transp. Agency (9th Cir. 2001) 261 F.3d
912, 923

Page 46
The pro per (and pro se) litigant must be aware of the fact that the courts will
use the frivolous pleading argument to dismiss the pro per (or pro se)
litigants complaint and remove the pro per/pro se litigant from the
courthouse.

Frivolous. Of little weight or importance. A pleading is frivolous when it


is clearly insufficient on its face, and does not controvert the material points
of the opposite pleading, and is presumably interposed for mere purposes of
delay or to embarrass the opponent. Frivolous pleadings may be amended to
proper form, or ordered stricken, under federal and state Rules of Civil
Procedure. Blacks Law Dictionary (1979), 5th edition, pg. 601

Courts will also use MSJ (Motion For Summary Judgment) process to also
dismiss the pro per litigants claim, case, or complaint, especially if the
claim is bona fide and the evidence is very favorable for the pro per litigant.

Courts cannot stand when a lawyerless litigant defeats a trained legal


professional (lawyer, attorney). Courts (judges) will always jump in to save
the trained legal professional (lawyer) and rule in favor of the defendant on a
motion for summary judgment. This is usually the case if there is no out-of-
court settlement between the parties.

Before a court dismisses an alleged frivolous complaint or pleading, by law


the court must allow the pro per litigant to cure or remedy it:

Frivolous pleadings may be amended to proper form under Federal Rules


of Civil Procedure. Blacks Law Dictionary (1979) 5th edition, pg. 601

It is very easy to defeat a claim of frivolous pleading. All the pro per
litigant has to do is make sure that he/she uses case law (legal precedent)
that supports every claim the pro per litigant is making in his/her pleading.

The pro per litigant just simply has to make an arguable basis in law:

An action is frivolous if it lacks an arguable basis in either law or in fact.


Neitzke v. Williams (1989) 490 U.S. 319, 324, 109 S.Ct. 1827

Page 47
To make an arguable basis in law, simply look for case law that describes
your exact or precise situation and use the case law to back up your words in
your pleading.

For example, if in your complaint you state that the police pulled you over
simply to just check if you had a license and/or if your car was registered,
youd simply state in your pleading something to the nature of:

On or about January 15, 2007, Plaintiff was pulled over by a member of the
Atlanta Police Department for mere purposes of seeing if he possessed a
drivers license and vehicle registration and it is black letter law that police
cannot pull a car over simply to check on license and vehicle registration, as
per Delaware vs. Prouse (1979) 440 U.S. 648, 657-663.

See, you stated your facts (cop pulled you over to check on license and
registration) and then used a case (legal precedent) that deals 100% with
your subject matter and personal situation, i.e. Delaware v. Prouse, to
substantiate your facts. You just substantiated the facts of your case with law
(case law). Do you see how it works? Always back up your facts with case
law that supports your facts.

One of my favorite things to do is to simply quote the case law verbatim in


my pleading but do not type the actual case name. Just type out the words of
the case, the pertinent and relevant sentence(s) or paragraph, but dont use
as per (a specific case). In other words, state: Police may not pull a car
over solely to check on license or registration but dont cite the actual case
(i.e. Delaware v. Prouse (1979) 440 U.S. 648).

Why not? Because, if the opposing counsel and/or the court allege that your
pleading is frivolous, you have just made the court and opposing counsel
condemn a legal precedent as frivolous, for after all, these were not your
words, but the words of the United States Supreme Court as ruled in the
Delaware case. So if your case was to be dismissed as being frivolous, youd
have serious grounds on appeal to get the dismissal overturned, but now
youd be playing the lower court or trial court against the more superior U.S.
Supreme Court which all lower courts must adhere to its rulings or
precedents.

Page 48
Quoting a legal precedent (that hasnt been repealed) is how you make your
claim dismissal-proof. Use authority from a higher court, especially the U.S.
Supreme Court.

For the law to be clearly established, there must be a Supreme Court or


clearly established weight of authority from other courts must support
plaintiffs position. Lawmaster v. Ward (10th Cir. 1997) 125 F.3d 1341

It is very important for you (as the pro per litigant) to remember that if and
when you mention a point in passing (in your pleading(s)) and do not
support it with case law or legal precedent, you forfeit the point:

A litigant who mentions a point in passing, but fails to press it by


supporting it with pertinent authority , forfeits the point. United States v.
Callwood (10th Cir. 1995) 66 F.3d 1110, 1115

So always back up your point(s) with pertinent case law or legal precedent.

Also, always remember to notify the court in the face of a dismissal for
alleged frivolous complaint that the legal discovery process can provide the
court with the necessary evidence that can prove or shed light on your claims
in your complaint or pleading(s).

A judge cannot fully determine whether a defendants motion to dismiss is


well grounded until discovery is completed. E.E.O.C. v. KWMT, Inc., 718
F.Supp. 1425, 1428 (N.D. Iowa 1988)

NOTE: Discovery is the legal process of discovering evidence before trial


via submission of documents, i.e. Request for Admissions, Request for Case
Interrogatories, etc. that ask questions (usually questions of fact)

In court, there are 2 types of dismissals: with prejudice and without


prejudice.

When a suit or case is dismissed with prejudice, it means the matter can be
appealed. It also means the matter is not left open for a rehearing and only a
successful appeal can reopen the matter for a rehearing of the case. With
prejudice means an action is final.

Page 49
A suit or case dismissed without prejudice means the exact opposite of with
prejudice.

A dismissal without prejudice allows a new suit to be brought on the same


cause of action. The words without prejudice, as used in judgment,
ordinarily impart the contemplation of further proceedings, and, when they
appear in an order or decree, it shows that the judicial act is not intended to
be res judicata of the merits of the controversy. Fiumara v. American Surety
Co. of New York, 346 Pa. 584, 31 A.2d 283, 287

A case dismissed with prejudice is final whereas a case dismissed without


prejudice is not final but contemplates further hearings.

Chapter 9
The Pro Pers Introductory Statement in
Legal Pleadings (as Plaintiff and
Defendant)
Your legal pleading(s), especially your response pleading should always
include an opening statement to the effect of the following:

Pro per opening/introductory statement (as the Defendant or Accused):

COMES NOW the Accused, John Doe, Sui juris, a layperson who is
untrained and unskilled in the law and without legal counsel or
representation, unfamiliar with the Rules of Court and Rules of Criminal
Procedure (Penal Code); proceeding In propria persona, of a Sane and
Belligerent Mind, appearing Specially and not Generally or Voluntary, and
reserving, enforcing and invoking all State and Federal constitutional (and
statutory) rights, safeguards, privileges and immunities and enforcing all
constitutional limitations on all government agencies and agents when
dealing with them; hereby requesting that this and all subsequent pleadings
be liberally construed pursuant to Haines v. Kerner, 404 U.S. 519, and
hereby submitting the above-entitled pleading in the above-captioned
matter.

Or, stated in a milder text:

Page 50
COMES NOW the Defendant, John Doe, proceeding In propria persona,
hereby requesting that this and all subsequent pleadings be liberally
construed pursuant to Haines v. Kerner, 404 U.S. 519, and hereby
submitting the above-entitled pleading in the above-captioned matter.

Pro per opening/introductory statement (as the Plaintiff):

As Plaintiff is appearing in propria persona, untrained, unskilled and


inexperienced in the law and without the assistance of legal, licensed,
qualified and professional counsel; and unfamiliar with the Civil Judicial
Procedure and Rules, Rules of Court, and Local Court Rules, Plaintiff
hereby humbly requests this Honorable Court, in the interest of justice, to
liberally construe this pleading pursuant to Haines v. Kerner (1972) 404
U.S. 519 and Jenkins v. McKeithen (1959) 395 U.S. 411, 421.

In addition, Plaintiff further requests that this filing be viewed with leniency
as to format and general content due to his/her lack of institutionalized legal
training. And lastly, if the Court should determine after reviewing this filing
that the pleading is deficient in any way, Plaintiff, in the interest of justice,
humbly requests this Honorable Court to give Plaintiff instruction on how
pleading is deficient and how to repair pleading, if repairable, as per
Platsky v. CIA, 953 F.2d 25.

Opening Statement for a Motion pleading:

PLEASE TAKE NOTICE that on November 1, 2004, at 8:30 a.m., or as


soon as Defendant (or Plaintiff) may be heard, in Department H of the
Superior Court of the State of California for the County of Los Angeles (or
United States District Court), located at 411 W. 4th Street, Santa Ana,
California, Defendant (or Plaintiff), will and hereby does move the Court for
an order dismissing this action on the following grounds:

1. Lack of verified complaint


2. Failure to prosecute

OPTIONAL [if in Federal Court]: This Motion is exempt from the


conference of counsel requirement of Local Rule 7-3 because Plaintiff is
appearing in propria persona and is not an attorney. L.R. 7-3, 16-11(c).

Page 51
NOTE: Check your specific states and/or districts local rules pertaining to
the above. Never assume! Always find out!

This motion is based upon the Notice of Motion, the Memorandum of Law,
the pleadings and records on file with the Court, and any and all
documentary or oral evidence that may be presented at the hearing of this
motion.

FEDERAL: This Motion is exempt from the conference of counsel


requirement of Local Rule 7-3 because Plaintiff is appearing pro se and is
not an attorney. L.R. 7-3, 16-11(c).

DATED: October 22, 2004

This is the appropriate headed for a motion in a civil action, whether state or
federal in nature.

If youre in state court and determine that federal court has jurisdiction over
your action because your action involves federal rights, you can have the
case removed from state court and adjudicated in federal court (for a civil
and/or criminal case).

Notice of Removal of Action [28 U.S.C. 1441(b) and (c)] (Federal


Question)

TO THE CLERK OF THE ABOVE-ENTITLED COURT:


PLEASE TAKE NOTICE that Defendant hereby removes to this Court the
state court action described below:

1. On or about March 3, 2003, an action was commenced in the Superior


Court of the State of California, in and for the County of Los Angeles,
entitled GRUNDY v. CITY OF INGLEWOOD, as case number BC291291,
a copy of which is attached hereto as Exhibit A.

2. The first date upon which Defendant received a copy of said Complaint
was March 19, 2003, when Defendant was served with a copy of the
Complaint by a member of the City Attorneys office.

3. This action is a civil action of which this Court has original jurisdiction
under 28 U.S.C. 1331, and is one which may be removed to this Court by

Page 52
Defendant pursuant to the provisions of 28 U.S.C. 1441(b) and (c), in that it
involves a claim for violations of the Fourth, Fifth and Fourteenth
Amendments.

4. As of the date of the filing of this Notice, I am informed that there


currently exist no other defendants that have been served in this matter,
which obviates the need for a Joinder of Notice of Removal of Action.

Dated:

Notice to Adverse Party of Removal to Federal Court:

TO: Plaintiff [ ]

PLEASE TAKE NOTICE that Defendant John Doe, filed a Notice of


Removal of this action in the United States District Court for the Central
District of California on April 24, 2005. A copy of said Notice of Removal is
attached to this Notice, and is served and filed herewith.

Chapter 10

Suggestions for the Pro Per and


Pro Se litigant
Always appear on time for your hearings or proceedings. Always check in
with the clerk of the court and let him/her know that you are present.

Dress in a proper and appropriate fashion. Business attire is recommended.


How one dresses makes an impression. If you want to be taken seriously and
professionally, and respected, dress in professional attire.

Purchase a briefcase (preferably black in color). Put all of your documents


that are needed for the hearing or proceeding in your briefcase.
Always bring a note pad and pen (blue or black ink) with you to court.

Be courteous and cordial to everybody, including the judge and adverse


party and/or their attorney. Show respect and dignity as a person, as a human
being; or if you believe in sovereignty and claim to be a sovereign, show

Page 53
respect as a truly sovereign individual. It will make sovereign folk look good
and receive respect.

Address the Judge as your honor, not Miss or Mister (or Sir). Simply
call the Judge your honor. By using this language you are showing respect
but also playing the game (playing the Game to win). Remember, it is a
game and nothing more. Also, its just business and is never personal. Its a
game, folks! Justice is never involved. True justice comes from God/The
Universe, not man, and especially not the men who run the American
judicial system.

Address the attorney for your opponent as Defendants counsel, or


Plaintiffs counsel, depending on what you are or your position in the
proceeding. You will either be the defendant or the plaintiff.

NEVER interrupt the judge when he or she is speaking, or the prosecutor or


opposing counsel for that matter. Just take mental notes and when the judge
(or prosecutor or opposing counsel) is finished speaking, simply speak (state
your objection or give your legal argument), but before you speak, ask for
permission to speak, i.e. Your Honor, may I counter the prosecutors last
words? Or, Your Honor, I would like to object on the record if I may as to
your denial of my motion or argument.

NEVER argue with the Judge in open court. You may question the judge
and/or speak your mind (based upon legal merits and facts of the case), but
do not argue with the Judge (or Commissioner) and by all means do not talk
loud, disrespectful, and NEVER use profanity.

Do not become contemptuous, insolent, impertinent, or contumacious

contumacious |knt(y)! m sh ! s|adjective. archaic or Law. (esp. of a


defendant's behavior) stubbornly or willfully disobedient to authority.

insolent |ins! l! nt| adjective. Showing a rude and arrogant lack of respect :
she hated the insolent tone of his voice. See note at impertinent .

impertinent |imp! rtn-! nt|adjective. 1 not showing proper respect; rude : an


impertinent question.

Page 54
contumacious |knt(y)! m sh ! s|adjective. archaic or Law. (esp. of a
defendant's behavior) stubbornly or willfully disobedient to authority.

If you disagree with anything a judge says or rules on in open court,


ALWAYS object on the record. For example: I object on the record to that
your honor! Always object to anything you disagree with so you can argue
the matter on appeal. Remember, if you dont object or bring it up (the
question or issue of law) in the trial or hearing in the lower court, you
CANT bring it up on appeal. Those are the rules.

Also, make sure you bring up all legal and constitutional arguments in your
trial or hearing, so if the Judge denies them, you can appeal the Judges
decision.

NOTE: To argue any issue of law on appeal, you have to bring up the legal
issues or questions during the trial, so always make sure you argue issues of
law in addition to issues or questions of fact. If you fail to mention questions
of law during the trial, you forfeit the right to bring them up on appeal.

Always argue constitutional arguments in any court hearing or proceeding in


case you have to appeal the decision. You can appeal any court proceeding.
If the hearing is preliminary or interlocutory in nature, file an interlocutory
appeal to the decision of the particular proceeding.

If the entire action is dismissed, file a final judgment appeal. See Title 28
U.S.C. 1291 and 1292 for appeal on the federal level. For federal appeals
procedure, consult Federal Rules of Appellate Procedure or Federal Civil
Judicial Procedure and Rules.

For appeal on the State level consult your states Rules of Court.

Contempt of Court

Never be afraid if a judge threatens you with CONTEMPT OF COURT due


to raising certain arguments (i.e. constitutional).

Remember, there are 2 types of contempt: CIVIL and CRIMINAL.


If your proceeding is civil, you cant go to jail. You can only be fined and
ONLY after an OSC (Order to Show Cause) or contempt hearing or
proceeding has been scheduled and heard and whereby you are found guilty

Page 55
afterwards and the Judge who charged you with contempt of court cannot sit
as the Judge in your contempt or OSC hearing, and if so, by all means
RECUSE the Judge by filling out a peremptory challenge document that is
available at the civil clerks office.

In California, recusal is found in Code of Civil procedure Section 170.6, for


State judges only, not federal.

Filing documents

Always file any documents (motions, demurrers, oppositions to motions,


judicial notices, etc.) at least ten (10) days before a scheduled hearing or
court appearance in a CRIMINAL matter on the State Court level.

Ten days is sufficient time to give your opponent or their counsel. However,
always check with the Rules of Court Procedure to be for sure. In some
cases, the time frame for filing pleadings may be 21 days or 30 days.

On the Federal Court level in CIVIL matters, always schedule a hearing date
at least 21 days in advance. If today is October 2, 2009, your hearing date
should be October 24, 2009 (or any date thereafter). The same should also
apply in State Court for civil matters.

When responding to a pleading in a civil matter whether in State of Federal


Court, always respond (file your document) 14 days before the scheduled
hearing, especially in federal court. Failure to do so could result in your
response pleading not being filed or accepted by the court.

NOTE: When you schedule a motion or demurrer date, always schedule it at


least 21 days away so as to give the defendant ample prior notice and time to
respond. EXAMPLE: If today is July 5, 2005, schedule your motion date on
or after July 27, 2005.

Service of process

On the State level (in a civil action that you initiate, by filing a complaint, of
course): use a professional (or private) process server or agency; or, in the
alternative, use the County Sheriffs Department to serve your defendant.
The fee for service of process may range from $35.00 to $150.00 depending
on whom you hire and use for the service.

Page 56
On the federal level, hire a private registered process server or consult Rule
4 of the Federal Rules of Civil Procedure.

After you file a civil complaint and service of process has been effectively
served on the defendant, make sure you file your proof of service as soon as
possible with the clerk so the court will have jurisdiction.

NOTE: The court will not have jurisdiction unless proof of service of
summons and complaint has been filed with the court and appear in your
file. There are no exceptions to this rule. Also, as an interested party in an
action, by law you cannot effectuate service yourself on your defendant. You
must use a neutral or non-interested party, i.e. process server, family
member, or friend.

On the State level, proof of service must be filed with the court clerk within
60 days (in most states), and within 120 days on the Federal level. However,
check for the specifics (in the Rules of Court).

To serve a police officer in their official capacity, serve the summons and
complaint on the daily Watch Commander at the precinct or station the
defendant police officer works out of or is stationed at.

NOTE: You cant serve an officer in their private capacity at their place of
employment unless you catch the officer in person yourself and serve him or
her on the spot. If you leave the summons and complaint at the officers job
(police station) youll likely receive a pleading arguing improper service as
the officer did not authorize anyone at his/her place of employment to accept
documents on his or her behalf. The law leaves much room for technicalities
to be argued here in this scenario.

If the summons and complaint is refused, simply mail it via Certified Mail
with Return Receipt attentioned to the Watch Commander at the address
where the officer is stationed (only if the officer is sued in his/her official
capacity).

This process is called substitute service.

After service, complete and file your proof of service with the court clerk as
soon as possible.

Page 57
If you feel a judge is biased against you and/or your interest, dont hesitate
to recuse the judge. In California [State Court], consult Code of Civil
Procedure 170.6.

For Federal Court recusal, consult Title 28 U.S.C. 144 and 455 in
addition to Title 28 U.S.C. Annotated Code at the County Public Law
Library for case law on sections 144 and 455.

It is imperative that you, as a pro per litigant, purchase/own and studiously


read the Code of Civil Procedure (C.C.P.) and the Rules of Court (R.C.) for
your state, in addition to purchasing and studying the Local Rules of Court
(L.C.) for your county or the county the court is located in.

The C.C.P., C.R., and L.R. will explain all the rules of the court. These
books are available at all public law libraries, University law libraries, on the
web (call the clerk of the court to obtain the web site), and may be purchased
from West Publishing at (800) 344-5009 or www.westgroup.com (for all
States).

If your case is federal and the proceeding is CIVIL, purchase and study Title
28 of the United States Code (U.S.C.), Rules of Civil Procedure (or Federal
Civil Judicial Procedure and Rules*), Local Rules of Court, and the Federal
State Rules of Court (for your particular State). All 50 of the United States
Code are available at your local County Public Law Library for research.

* This book includes civil procedure, multidistrict litigation rules, habeas


corpus rules, motion attacking sentence rules, evidence, appellate procedure,
and supreme court rules). It is available from West Publishing/

If your case is federal and the proceeding is CRIMINAL, purchase and study
Title 18 of the United States Code (U.S.C.), also known as Federal Criminal
Code and Rules. All 50 of the United States Code are available at your local
County Public Law Library.

2 MUST HAVE books for preparing for litigation on the Federal Court level
are:

Preparing For Trial In Federal Court by Phillip J. Kolcynski, $99,


available from James Publishing, (800) 440-4780 or

Page 58
www.jamespublishing.com; 3505 Cadillac Avenue, Suite H, Costa Mesa,
CA 92626

How To Win A lawsuit Without Hiring A Lawyer by David C. Grossack,


available from e-legalclinic.com or Post Office Box 90, Hull, MA 02045

Other books of vital interest and importance for the pro per litigant include:
Vehicle or Transportation Code, Penal or Criminal Code, Civil Code,
Government or Political Code, Evidence Code (or Rules of Evidence), and
Code of Judicial Canon (or Code of Judicial Conduct, Code of Judicial
Ethics) which explains how Judges should perform their duties.

Most law books for the State of California and the United States
Government, in addition to legal authorities, e.g. Blackstones Commentary,
Corpus Juris Secundum, Blacks Law Dictionary, Sedgwicks Statutory
Construction, Bouviers Law Dictionary, etc., can be purchased from The
Law Book Store, 1775 W. La Palma Avenue, Anaheim, CA 92801 (714)
491-2665. This is the best law bookstore west of the Mississippi.

The End

The Pro Per Litigant


Manual, Vol. 1
A Dhealthstore.com Publication
(2009)

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Page 59
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Parking Defined in Legal Context

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Helpful Tips When Using A Parking Meter

Use Vigilance Before and When Parking

Be Courteous and Considerate When Parking

When A Meter Fails

What To Do When You Receive A Parking Ticket

Page 60
Contesting or Disputing A Parking Ticket

The Written or In-Person Review or Hearing

Attending the In-Person Review or Hearing

Appealing An Adverse Decision

Conclusion

NOTE: The manual contains examples of documents you can file in


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If you have a drivers license and drive, you need to read The Traffic
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Page 61
false pretenses of public safety.

Traffic tickets are random forms of taxation (arbitrary taxation). The


whole traffic scheme could not work if people knew and understood
their constitutional rights and exercised their rights, privileges, and
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You will not get the information on the traffic ticket and traffic court
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Djehuty not only explains the Game (the traffic ticket and court
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teaches the sheep (American people) how to outfox the fox
(government) and come away feeling enlightened and empowered.

Volume 1 of the Traffic Ticket Manual sets the foundation and teach
you about how Americans lost their constitutionally secured right to
travel, how legal terms are manipulated to trick you and harm you
(i.e. whats the difference between a motor vehicle and an
automobile?); the nature of the drivers license, the fraud of vehicle
registration and how you turned your car over to the State by
registering it, how traffic is entirely commercial in nature; how to
properly handle a traffic stop on the street (what to say and not say to
an officer), what a traffic ticket really is and why you are required
(actually forced under duress) to sign it, how to quickly resolve
disputes with officers on the street while being pulled over by
requesting immediate transportation to see a magistrate for a prompt
probable cause hearing, and most importantly how to prepare for
your arraignment: how to remove fear, worry, concern, and anxiety
while in court, how to plead before the judge, how to ask for a verified
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file in advance of your arraignment and how to file the documents and
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The book is replete with case law (legal precedent) substantiating


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Page 62
NOTE: This is not a patriot book or a book that tells you to buck the
System, get rid of your driver's license, don't pay your vehicle
registration, or go to court and argue the constitution and/or the
commercial nature of driving. The book covers many topics and
subjects commonly elucidated by patriots but only for purposes of
understanding. This book teaches you how to play the Game on "their"
terms!

You will not regret purchasing this e-book. Guaranteed!

It is a must have for any student of law, the average American citizen,
so-called sovereign citizens, victims of DWB (driving while black
[African-American] or brown [Hispanic/Latino]), anyone who has just
learned how to drive and received their drivers license, and anyone
who is just plain tired of being punked by the Po Po (police) and
gaffled for their snaps, cheese, scrilla, Benjamins, mullah, and dinero
also known as dollar bills through paying hefty traffic fines for fake
and phony crimes against statutes and not real people and/or
property.

You will never again be afraid of getting pulled over and talking to a
cop on the streets or afraid to go to court and go before a judge and
cross-examine a peace officer. Those days are over after you read the
Traffic Ticket Manual. Guaranteed!

Chapters of The Traffic Ticket Manual, Vol. 1 include:

Chapter 1: The Nature and Purpose of A Traffic Ticket

Chapter 2: How To Handle A Traffic Stop

Chapter 3: The Significance of Signing A Traffic Ticket

Chapter 4: Request For Immediate Transport To A Magistrate

Chapter 5: Your Arraignment Understanding How To Plead

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The Traffic Ticket Manual, Vol. 2


$10.00

If you have a drivers license and drive, you need to read The Traffic
Ticket Manual. This is a one of kind book that explains the ins and outs

Page 63
of the American traffic ticket system and traffic court system which are
both schemes to rob people of their hard earned money under the
false pretenses of public safety.

Traffic tickets are random forms of taxation (arbitrary taxation). The


whole traffic scheme could not work if people knew and understood
their constitutional rights and exercised their rights, privileges, and
immunities under the law against government agents and agencies.

You will not get the information on the traffic ticket and traffic court
schemes as you will in this book by Djehuty, no where else.
Guaranteed! It is written in down-to-earth, practical, translucent, and
reasonable fashion and is very modern dayish in nature. Djehuty is
gifted to write in such a way that the most ignorant person can
understand what he is saying. You dont have to be legally astute to
comprehend the information provided by Djehuty in this most
invaluable resource.

Djehuty not only explains the Game (the traffic ticket and court
scheme), but he shows you how to play it and successfully so. He
arms you with his vast arsenal of legal defenses and positions. He
teaches the sheep (American people) how to outfox the fox
(government) and come away feeling enlightened and empowered.

Volume 2 of the Traffic Ticket Manual picks up where Volume 1 left off
and teaches you about the fraudulent nature of bail in traffic cases
(why are you posting bail for offenses you cant be imprisoned for?),
how to not post bail and still receive your trial (courts force you to pay
for your right of trial using bail as extortion), how to use the legal
discovery process, the appropriate documents to file for trial, how to
overcome a charge of failure to appear, everything you need to know
about trial: recusing a biased judge, how to request a judge instead of
a commissioner (whos basically an attorney serving as a judge to help
the court system out courts are using attorneys so as not to hire
more judges); trial by declaration; how to successfully cross-examine
an officer, how to convert Vehicle Code sections (offenses) into
elements for purposes of cross-examination, filing extensions to
postpone your case, what to do when a cop doesnt show up for trial,
general questions to ask a cop during cross-examination; dealing with
questions of law instead of facts, how to contest and beat various
charges i.e. speeding, U-turn, talking on a hand-held phone, red light
photo tickets, etc.; how to appeal an adverse decision, understanding
the appeals process, and so much more!

Page 64
The book is replete with case law (legal precedent) substantiating
Djehutys claims and points.

NOTE: This is not a patriot book or a book that tells you to buck the
System, get rid of your driver's license, don't pay your vehicle
registration, or go to court and argue the constitution and/or the
commercial nature of driving. The book covers many topics and
subjects commonly elucidated by patriots but only for purposes of
understanding. This book teaches you how to play the Game on "their"
terms!

You will not regret purchasing this e-book. Guaranteed!

It is a must have for any student of law, the average American citizen,
so-called sovereign citizens, victims of DWB (driving while black
[African-American] or brown [Hispanic/Latino]), anyone who has just
learned how to drive and received their drivers license, and anyone
who is just plain tired of being punked by the Po Po (police) and
gaffled for their snaps, cheese, scrilla, Benjamins, mullah, and dinero
also known as dollar bills through paying hefty traffic fines for fake
and phony crimes against statutes and not real people and/or
property.

You will never again be afraid of getting pulled over and talking to a
cop on the streets or afraid to go to court and go before a judge and
cross-examine a peace officer. Those days are over after you read the
Traffic Ticket Manual. Guaranteed!

Chapters of The Traffic Ticket Manual, Vol. 2 include:

Chapter 1: Bail

Chapter 2: Preparing For Trial

Chapter 3: Filing Documents in Your Traffic Case/ Frequently Asked


Questions Pertaining To Trial

Chapter 4: Your Trial

Chapter 5: Trial By Declaration


Chapter 6: Appealing An Adverse Decision

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Page 65
The Traffic Ticket Manual, Vol. 3
$50.00

The Traffic Ticket Manual, Volume 3 provides samples of legal

Page 66
pleadings that one may use as a reference when drafting their very
own legal pleadings in a traffic court case. It's one thing for someone
to tell you what document to file, but another thing to actually type up
that document for yourself. I know, because at one point I was there
myself.

Volume 3 of the Traffic Ticket Manual helps people attain knowledge


and have an understanding of what a particular document contains or
must contain according to one's state's Court Rules or Rules of Civil (or
Criminal) Procedure.

As a pro per (and/or pro se) litigant, one has a little leeway in
preparing documents, thanks to a well known legal precedent, Haines
vs. Kerner, which states in part:

"Allegations such as those asserted by petitioner, however inartfully


pleaded, are sufficient" "which we hold to less stringent standards
than formal pleadings drafted by lawyers." Haines v. Kerner, 404 U.S.
519 (1972)

There are other case law that states the same thing as the Haines vs.
Kerner case:

"Pro se pleadings are to be considered without regard to technicality;


pro se litigants' pleadings are not to be held to the same high
standards of perfection as lawyers", as per Jenkins v. McKeithen, 395
U.S. 411, 421 (1959); Picking v. Pennsylvania R. Co., 151 F2d 240;
Pucker v. Cox, 456 F2d 233

In addition to the less stringent standard for legal pleadings, courts


will give pro per (and pro se) litigants a little leeway in construing
(interpreting) their pleadings.

However, while a pro per (and/or pro se) litigant is entitled to


considerable leeway when the Court construes his pleadings, a pro se
litigant must follow the Rules of Procedure like any other litigant, as
per Ghazail v. Moran (9th Cir. 1995) 46 F.3d 52, 54; cert. denied, 516
U.S. 838

Despite the above, the pro per (or pro se) litigant wants to file
professional looking documents so as to gain a measure of respect
from the Court and/or prosecutor (if involved), but more importantly,
to create a record should the case needs to be appealed.

Whatever is said on a legal document is the equivalent of being

Page 67
verbally or orally stated on the record, so if a judge shoots down a
pleading of yours during a proceeding, you can object to the judge
based upon everything in your document (pleading) if you want to, or
just a particular point you made in your document or pleading. The
particular pleading can also be entered into the Record of Appeal as
well.

Sample documents in Volume 3 includes:

Affidavit of Poverty (for bail)

Peremptory Challenge (Judge)

Answer & Demurrer to Red Light Photo Ticket

Motion to Dismiss: Lack of Jurisdiction

Motion to Dismiss: Failure to Appear

Trial Brief

Affidavit (General)

Discovery Request (to police officer)

Motion to Dismiss: Speeding

Petition For Writ of Mandate

Trial by Written Declaration

Judicial Notice

Notice of Appeal

Defendant's Opening Appeal Brief

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You will greatly appreciate this e-book and benefit from it


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Page 68
Law Consultation
$150.00

Page 69
(Over-The-Phone)

A law consultation gives you the necessary information (not legal


advice) to empower you into making sound decisions regarding your
personal legal matter. In law, you have to act, especially if you are
served a summons and complaint or subpoena.

Many people are not responding to legal service of process in the form
of summons and complaints and end up defaulting and thus causing
them great injury and harm in the way of loss of money (judgments,
wage garnishments), property, and freedom. In law, ignorance is no
excuse for every man and woman in the U.S. are presumed to know
the law.

Many people are also being bamboozled into and by sovereignty


schemes and scams by so-called religio-political patriot groups, militia
groups, legal theorist groups, etc.

Patriot mythology, U.C.C. (Uniform Commercial Code) arguments, tax


protester arguments, redemption in law, and expatriation/repatriation
processes are NOT the way to go in legal-judicial matters regardless of
what you may have heard or even studied.

Also, you cannot get anything for free (free house, car, etc.) in this
society nor does the government have a check for thousands of dollars
in your name because you were issued a Social Security card.
Regardless what any group is saying, this is NOT true and you will end
up losing much money, energy, and time with such unproven theories.

Law only consists of: constitutional, statutory, and case-decisional law


and these are the tools of your position (defense or offense) in a legal
matter.

You have a right under due process of law, U.S.Const.Amend.14, to file


appropriate documentation on your behalf as a lawyerless litigant or
pro se litigant in your legal action.

Learn the appropriate steps to take in a civil or criminal legal action as


well as what statutory-based documentation you need to file on your
behalf, i.e. Answer, motion, demurrer, judicial notice, bill of particulars,
peremptory challenge, etc.
Because most county legal aid offices are inundated, people (especially
poor people) are not receiving viable and solid information for their

Page 70
best interests in legal matters and many legal atrocities and
miscarriages of justice are occurring across the country daily.

So if you are faced with the following matters: traffic and/or parking
tickets, child support, eviction (unlawful detainer), civil lawsuit,
criminal lawsuit, unemployment/disability claims issues, restraining
order, etc. and do not know what your course of action is, you may be
interested in scheduling a consultation. We use higher law to help
guide people in matters pertaining to lower, man-made law. Whatever
your personal situation, all law offers remedy and recourse. In order to
benefit from the American judicial system, you must use it. Theres no
other way!

NOTE:

*Consultations are scheduled by 1-2 hour windows and not exact or


specific times. This is due to the high level of consultations that end up
being about suicide and therefore we do not and will not rush people
off the phone. We take everyone seriously and we value life. So to
prevent going overboard with consultations, we will ask you for 2-3
specific days that are good for you, and a 1-2 hour time frame
(window) in which we can call you for your consultation.

For example: you cannot schedule a consultation on Monday, June 8,


2009 @ 6 p.m. EST. However, you may schedule a consultation for
Monday, June 8, 2009 between the hours of 2-4 p.m. EST, or 5-7 p.m.
CST, or 4-6 p.m. PST

*No consultations after 6 p.m. PST / 9 p.m. EST! No exceptions!


*No refunds after Dhealthstore has attempted to contact you for your
appointment to no avail. Dhealthstore.com will only make 2 attempts to
contact you after you have paid for a consultation. This is a very rare
problem but constructive notice is hereby given!

*Dhealthstore.com is also not liable for refunds due to poor phone quality
(on your end) that may sabotage the consultation or end it abruptly.
*Dhealthstore.com reserves the right to cancel any consultation and offer a
full refund if the consultation is not agreed to be rescheduled by either
customer or Dhealthstore.com.

*Also consultations are totally private and are not recorded.

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