{"id":2027,"date":"2014-09-07T22:03:27","date_gmt":"2014-09-07T22:03:27","guid":{"rendered":"http:\/\/ourlandstoo.org\/?page_id=2027"},"modified":"2018-06-12T16:30:12","modified_gmt":"2018-06-12T16:30:12","slug":"u-s-supreme-law","status":"publish","type":"page","link":"https:\/\/reunitethestates.org\/?page_id=2027","title":{"rendered":"Representing Yourself “Pro Se” and Assisting Others as a Non-Lawyer:"},"content":{"rendered":"

\u00a0\u00a0\u00a0\u00a0 This page is continued from Getting Started<\/a>:<\/span><\/strong><\/p>\n

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Step One:<\/strong><\/span>
\nLearn Facts<\/em> About Filing Your Own Case Without<\/em> (Direct Assistance from) a Lawyer:<\/span><\/span>
\n<\/strong><\/p>\n

\u00a0\u00a0\u00a0\u00a0 First off, the reason we\u2019re stating \u201cwithout direct <\/em>assistance\u201d is that by merely reading any information on this website you are<\/em> in fact deriving information compiled and dispersed by<\/span> lawyers and data compilers<\/a> which we have in turn compiled throughout this website.\u00a0 That said; if you\u2019re planning an taking your case personally and representing yourself\u00a0or<\/em> if you\u2019re\u00a0 planning on taking a case to assist another person(s) while <\/em>being a non-lawyer yourself, you\u2019re going to want to start <\/em>by attaining certain facts we\u2019ve assembled here in this \u201cpro se self help\u201d section:<\/span><\/strong><\/span><\/p>\n

\u00a0 \u00a0 \u00a0The term “pro se”\u00a0is an abbreviated form of the Latin term\u00a0<\/em>propria persona<\/i>, which translates “on behalf of themselves.”\u00a0 To advocate “pro se” means to advocate on one’s own behalf before a court<\/span><\/em>\u00a0rather than being represented by a<\/span> lawyer<\/a>, which may be done while acting as the<\/span> plaintiff<\/a> or<\/em> defendant in a\u00a0<\/span>civil case<\/a>,\u00a0or<\/em> as a<\/span> defendant<\/a> in a\u00a0<\/span>criminal case<\/a>.\u00a0<\/strong>[1]
\n<\/span><\/p>\n

\u00a0 \u00a0Every Federal District Courthouse<\/a> has a Pro Se Litigation self-help section to help you file within that district. \u00a0The information compiled throughout this website was gathered together using resources which are recommended within some of these self-help sections. \u00a0Although pro se sections are available on<\/span>\u00a0County<\/a> or State Courts<\/a>\u00a0(sometimes they’re called “pro per” instead of “pro se”) \u2014 again the sections we used to compiled this site were found on \u00a0federal c<\/a>ourthouse websites; the information, however, is similar.<\/strong><\/span><\/p>\n

Get to Know the Federal Courts<\/span><\/strong><\/a><\/p>\n

\u00a0\u00a0\u00a0\u00a0 To find your local Federal District Courthouse, use the<\/strong><\/span><\/p>\n

Federal Courthouse Locator
\non UScourts.gov<\/a><\/span><\/strong><\/p>\n

\u00a0 \u00a0 Once you’ve located your local District courthouse, find the pro se self-help section for your local district. \u00a0Here are just a few from various courthouses:<\/strong><\/span><\/p>\n

Northern District of California:<\/span><\/strong><\/span><\/p>\n

www.cand.uscourts.gov\/prosehandbook<\/a><\/strong><\/span><\/p>\n

District of North Dakota:<\/span><\/strong><\/span><\/p>\n

www.ndd.uscourts.gov\/lci\/pro_se.pdf<\/a><\/strong><\/span><\/p>\n

Iowa Judicial Branch:<\/span><\/strong><\/span><\/p>\n

www.iowacourts.gov\/For_the_Public\/Representing_Yourself_in_Court\/How_to_Represent_Yourself\/<\/a><\/strong><\/span><\/p>\n

U.S. Court of Federal Claims:<\/span><\/strong><\/span><\/p>\n

\u00a0 www.uscfc.uscourts.gov\/pro-se-information<\/a><\/strong><\/span><\/p>\n

\u00a0\u00a0 \u00a0 What you will find within most pro se self-help sections is that the courts recommend<\/span>\u00a0Black\u2019s Law Dictionary<\/a>\u00a0or<\/span> Ballantine’s Law Dictionary<\/a>.\u00a0 Therefore, those are<\/span> the dictionaries we used to build this website<\/a>:<\/span> <\/strong><\/p>\n

Law Dictionaries<\/span>
\nUtilized to Help Build This Website<\/span><\/strong><\/a>.<\/span><\/p>\n

\u00a0 \u00a0 \u00a0 Although rigorous study is important prior to entering into a court and attempting to present on behalf of your own case, there\u00a0are<\/em><\/span> Supreme Court Rulings<\/a> that work in favor of pro se litigants, such as:<\/span><\/strong><\/span><\/p>\n

Haines v. Kerner<\/em>, 404 U. S. 519 (1972) (per curiam<\/em>):<\/strong><\/span><\/p>\n

\u00a0 \u00a0 \u00a0\u201cWhatever may be the limits on the scope of inquiry of courts into the internal administration\u2026 allegations such as\u00a0those\u00a0asserted by petitioner, however inartfully pleaded, are sufficient to call for the opportunity to offer supporting evidence\u2026 under the allegations of the\u00a0pro se\u00a0complaint [are held] to \u2018less stringent standards\u2019 than formal pleadings drafted by lawyers.<\/span>\u201d<\/strong><\/span><\/p>\n

Baldwin County Welcome Center\u00a0v.\u00a0Brown<\/em>,\u00a0466 U. S. 147 (1984)\u00a0(per curiam<\/em>):<\/strong><\/span><\/p>\n

\u00a0 \u00a0 \u00a0\u201cPleadings<\/a> shall be so construed as to do substantial justice. \u00a0We frequently have stated that\u00a0pro se\u00a0pleadings are to be given a liberal construction.<\/span>\u201d\u00a0<\/strong>[2]<\/span><\/p>\n

\u00a0\u00a0\u00a0 It should be noted that one ought not actually fraudulently practice<\/em><\/a> law:<\/span><\/strong><\/p>\n

unauthorized practice of law<\/span><\/a> – the practice of law<\/a> by a nonlawyer who has not been licensed or admitted to practice law in a given jurisdiction.<\/span><\/strong><\/p>\n

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Frequently Asked Question:<\/span><\/strong><\/span><\/p>\n

Notice:<\/strong><\/span><\/p>\n

This website is in-the-making; there are many sections throughout this website which are unfinished as of 5\/14\/2018. \u00a0It is important to perform additional research using additions sources besides www.ReUniteTheStates.org. \u00a0Wild Willpower PAC is not responsible for any material you choose to file.<\/span><\/strong><\/p>\n

\u00a0\u00a0\u00a0\u00a0 My rights were violated and\/or I was unlawfully arrested and\/or had property illegally taken by a law enforcement officer officer!\u00a0 Is there anything I can do?!<\/span><\/strong><\/span><\/p>\n

Answer:\u00a0<\/span><\/span> Yes – we’ve compiled the following section specifically to help with this issue:<\/span><\/span><\/strong><\/p>\n

File against an Officer or Government Agency<\/span><\/a> – “Color of Law Crimes.”<\/span><\/span><\/strong><\/p>\n

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Things Worth Reading About:<\/span><\/span><\/strong><\/span><\/p>\n

\u00a0\u00a0\u00a0\u00a0 A person skilled in the art of pro se litigation could present a case on behalf of another while <\/em>not being a licensed lawyer so long as they were open and up front with the person they are assisting; though it would be audacious to assume you’ve “got the case in the bag<\/em>” (don’t over-promise or assume), one could<\/em><\/span> technically file as a Good Samaritan Action (both parties agreeing by contract<\/a> would be wise):<\/span><\/strong><\/span><\/p>\n

Good Samaritan Action<\/span><\/a> – brought\u00a0by a person or group for the benefit of all or part of a community; often immunizes those acting in good faith from liability.<\/span><\/strong><\/span><\/p>\n

\u00a0\u00a0\u00a0\u00a0 Perhaps you witnessed someone else having their rights violated and you want to help: here<\/em><\/span> <\/span>United States Code<\/a> is a worth knowing about:<\/strong><\/span><\/p>\n

Title 42 \u00a7 1986 \u2013 Action for Neglect to Prevent<\/span><\/a>\u00a0– states that\u00a0“every citizen who having knowledge that any of the wrongs conspired to be done, and mentioned within<\/span>\u00a042\u00a0\u00a7 1985\u00a0– Conspiracy to Interfere with Civil Rights<\/a>\u00a0are about to be committed and having power to prevent or aid in preventing the commission of the same, neglects or refuses to do so, shall be liable<\/a> to the party injured or party’s legal representatives, for all damages caused by such wrongful act, which\u00a0such party by reasonable diligence could have prevented, and any number of citizens guilty of such wrongful neglect or refusal may be joined as defendants in the\u00a0action.<\/span>“<\/span><\/strong><\/p>\n

Time to Get The Facts<\/em>:<\/span><\/strong><\/span><\/p>\n

\u00a0\u00a0\u00a0\u00a0 First thing’s first:<\/span><\/strong><\/span><\/p>\n

How to File Records Requests<\/span>
\nwith Agencies and Organizations to
\nGather Information About the Case<\/span><\/span> <\/strong><\/a><\/p>\n

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Time Limits for Various Types of Cases<\/span><\/strong><\/span>
\nand related terms:<\/span><\/strong><\/p>\n

laches<\/span> \u2013 unreasonable and\/or negligent delay in pursuing a right or claim, thereby causing a court to deny relief that would otherwise have been granted.<\/strong> \u2014 aka sleeping on rights<\/em><\/strong>; doctrine of state demand<\/strong><\/em>.
\n<\/strong><\/span><\/p>\n

Statute of Limitations<\/span><\/a> \u2013 federal and state statutes prescribing the maximum period of time during which various types of civil actions and criminal prosecutions can be brought after the occurrence of the injury or the offense.<\/strong><\/span><\/p>\n

Statute of Repose<\/span><\/a> \u2013 unlike statute of limitations, statutes of repose establish a maximum period of time in which an action<\/a> can be brought (civil cases<\/a>).<\/strong><\/span><\/p>\n

Toiling the Statute<\/span><\/a> \u2013 circumstances that suspend or interrupt of the statute of limitations usually due to absence of the defendant from the jurisdiction (i.e. the accused fled to avoid prosecution).<\/strong><\/span><\/p>\n

Coming Soon:<\/span><\/strong><\/p>\n

\u00a0\u00a0\u00a0 Another section of law we’re currently researching to find if its applicable for non-lawyers to be able to act in accordance with is the Private Attorney General Act.\u00a0 We’ve begun to compile this information int he following link:<\/strong><\/span><\/p>\n

Private Attorney General<\/span><\/a> – enables private attorneys who bring lawsuits in the public interest to collect attorney’s fees.<\/span><\/strong><\/p>\n

fee statement<\/span> –<\/strong> (1941) A lawyer\u2019s bill for services either already rendered or to be rendered, usually including itemized expenses.\u00a0<\/strong>[1]<\/span><\/p>\n

fee-splitting<\/span> –<\/strong> (1913) 1. The division of attorney\u2019s fees between two or more lawyers, especially between the lawyer who handled a matter and the lawyer who referred the matter. \u00a0* \u00a0Some states consider this practice unethical. <\/strong><\/span><\/p>\n

2. The division of attorney\u2019s fees between two or more lawyers who represent a client jointly but are not in the same iirm. \u00a0* \u00a0Under most states\u2019 ethics rules, an attorney is prohibited from splitting a fee with a nonlawyer.<\/strong> \u2014 aka\u00a0fee-sharing<\/span><\/strong><\/em>; division of fees<\/span><\/strong><\/em>. [1]<\/span><\/p>\n

1. See division of fees. [2]<\/p>\n

\"MLK<\/a><\/p>\n

References:<\/span><\/strong><\/span><\/p>\n

[1]:\u00a0Madelynn Herman (September 25, 2006).\u00a0“Self-Representation: Pro Se Statistics”<\/a>. National Center for State Courts. Archived from\u00a0the original<\/a>\u00a0on 2012-05-04.<\/strong><\/span><\/p>\n

[2]: All cases cited using the Supreme Court of The United States\u2019 \u201cCase Citation Finder\u201d:www.supremecourt.gov\/opinions\/casefinder.aspx<\/a><\/strong><\/span><\/p>\n

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