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Friday, May 1, 2015

Religio-Legal Ethics & Due Process

Federal Rule for Submitting a Constitutional Complaint
Rule 5.1: Constitutional Challenge to a Statute
Challenge is either Facial (complete challenge in all cases) or As-Applied (challenges statute as applied in the specific case)

Here are 2 examples of Facial Challenges

Here is an example of an As-Applied Challenge

Right to a Public Trial

Contacting a Notary

Types of Motions:
Motion to Compel (for various uses)
Motion to Compel Discovery: asks for more evidence and witnesses, etc
Motion of Disposition: asks for a positive ruling without further proceeding
Motion in Limine: asks to present or suppress Evidence
Motion for Direct Verdict: asks for a Verdict before defense presents Evidence
Motion for Judgment N.O.V.: asks court to reconsider the decision of the Jury
Motion for New Trial: asks for a new trial
Motion to Set Aside Judgement: asks for the Verdict to be overturned

Religious Freedom as outlined in United Nations Declaration

ACLU Phone #
212-549-2500

ACLU Address
125 Broad Street, 18th Floor, New York NY 10004

LANDMARK CASES

Church & State

The Establishment Clause

The Religious Freedom Restoration Act

No Law shall be made in an attempt to prohibit the practice of a Religion

The Court should not put someone's faith on trial

The Court Shall not rule on Doctrine

A Privately held organization can reject a Law on a religious basis

Taxpaying Citizens can sue the Government for Misuse of Tax funds

The Establishment Clause and disclosure

Due Process and Religious Practice

Free Speech

Internet Free Speech

Messages of shared Ideology

Pamphlets

Door-to-Door

Trespassing and Free Religious Speech

Leaving Religious symbols in Public

Religious Free Speech is extended to minors

Reactionary Speech is protected
Inflammatory Speech is protected

Speech that Disturbs the Peace

Political based speech that could possibly cause Emotional damage

3 Prong Obscenity Test

Art VS Porn

Burning a Flag

Religion and the 1st & 14th Amendment



Assembly

Public Places

Assembly for the purpose of annoying passersby

Officials cannot preemptively prohibit a gathering without letting the person(s) argue the decision

Substance Seizure

Seizure of Class I Substances meant for Religious use

The Native American Church

Research Chemicals for Religious use

Self Incrimination (5th Amendment)

No one must incriminate themselves

Pleading the 5th Does not Constitute Guilt

Innocent Until Proven Guilty






Double Jeapordy

Multiplicity

Double Jeopardy does not prevent retrial

General Double Jeopardy

Double Jeopardy in General, and especially for Substances

Federal Double Jeopardy

Double Jeopardy for States

Double Jeopardy State & Municipal

Trial Free of Vindictiveness & Time Served for Retrials

Media Interference with a Trial causing it to be unfair










Modes of Spreading Information

Demonstration as an individual

Guerrilla Theater

Guerrilla Art

Fliers

Tracts

Open Letter

Pamphleteer

Broadside

Canvasing

Street Team

Demonstration as a group

Religious exchange System




Legal Maxims
"The Conclusion as to the use of a thing from its abuse is invalid"
"Blessed is the exposition by which anything is saved from destruction"
"Intention is the soul of an instrument"
"The cause of the church is equal to public causes;and for the best reasons"
"An argument from a like case avails in law"
"Hear the other side" No one is to be judged without being heard
"Causes of dower, life, liberty, revenue, are among the favorable things in law"
"An argument from things frequently happening is common in law"
"An argument from division is most powerful in law"
"A good judge decides according to justice and right, and prefers equity to strict law"
"The argument from the greater to the lesser is of no force negatively, positively it is"
"Every kind of action proceeds in its own way"
"Abundant caution does no injury"
"The accessory right does not lead, but follows its principle"
"The action has not accrued within six years"
"A personal right of act dies with a person" this is why trust law exists
"When the plaintiff does not prove his case, the defendant is acquitted"
"External actions show internal secrets" this goes further to say that if someone is abusing an Authority given to them by law, they are Trespassers in the Law.
"The burden of proof lies on the plaintiff"
"An act of law shall prejudice no man"
"The act itself does not constitute guilt unless done with guilty intent"
"It is the duty of the Justice to administer justice to everyone seeking it from them"
"To questions of fact a judge does not answer, to questions of law the jury do not answer"
"Equity follows law"
"That which is equal and good is the law of laws"
"It is one thing to possess, another to be in possession"
"A tree is so called while growing, but wood once it ceases to grow”


Church and State

The Lemon Test: "no excessive government entanglement", “must not advance nor inhibit religion” & “The statute must have a secular legislative purpose”

The Sherbert Test: If government confronts an individual with a choice that pressures the individual to forego a religious practice, whether by imposing a penalty or withholding a benefit, then the government has burdened the individual's free exercise of religion.

Writ of Certiorari: Petition for Judicial Review (More than one Judge to look at the case)

Right of Petition
Legal Motions are 3rd party documents or requests to the court, usually submitted by a Notary

Rule 5.1: When a Statute is said to possibly be unConstitutional by Motion or Pleading, the case must be submitted by the court to either the State or Federal Attorney General depending which Constitution was violated by the Statute.
Fed Rules of Civ Procedure, Title II, Rule 5.1
US Code, Title 28, Part VI, Chapter 161, § 2403  https://www.law.cornell.edu/uscode/text/28/2403

Due Process for Organizations dedicated to “The Advancement of Beliefs & Ideas”
Commencing an Action (against the United States or an officer or agency thereof)
Fed Rules of Civ Procedure, Title II, Rule 3

Serving and Filing Pleadings and Other Papers
Fed Rules of Civ Procedure, Title II, Rule 5

Computing and Extending Time; Time for Motion Papers
Fed Rules of Civ Procedure, Title II, Rule 6

The Access to Justice Commissions in America

Constitution and Bill of Rights

The Constitution

We the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America.

The Bill of Rights

1st Amendment
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 press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

2nd Amendment
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.

3rd Amendment
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.


4th Amendment
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.

5th Amendment
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, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

6th Amendment
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.

7th Amendment
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 re-examined in any court of the United States, than according to the rules of the common law.

8th Amendment
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

9th Amendment
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

10th Amendment
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.




Expressive Conduct

Expressive Conduct

Civil Rights Act of 1964: Public Discrimination

Motion Pictures are Free Speech

Video Games are Free Speech

Parody is Free Speech

Freedom of the Press

Defamation & Libel

The Dispersal of Peaceful crowds or gatherings is illegal

Moving Between States

You can’t be taxed for leaving your state

What the NSA Violates

Congress does not have Unlimited power in investigations

14th Amendment protection from State and Private Conspiracies

Search and Seizure

Evidence in Illegal Search and Seizure

Reasonable Expectation of Privacy

Illegal Search and Arrest

Illegal Wiretapping

Co-occupant Consent

GPS

Cell Phone

Legal Representation

Attorney & Conflict of Interest

Right to an Attorney and Silence when Arrested

Right to Counsel in questioning

State must provide Counsel if you can’t afford it

Ineffective Assistance of Counsel Test

Due Process for everyone

Liberty to Contract

Black’s Law Dictionary

Absolution: Release from a Penalty

Absorption: Rights of the Constitution being brought into the States

Absque Dubio: Without Doubt

Abstract of Judgement: A copy or summary of judgement that can be submitted to an appropriate public office

Acceptance by Silence: An example would be someone who was arrested for practicing a Religion and did not mention that the arrest was unConstitutional

Access to Justice: The Ability within a Society to use Courts and other Legal Institutions effectively to protect one’s rights and pursue claims

Access-to-Justice Commission: An Agency of a State’s Judicial system designed to encourage the judicial, executive and legislative branches of Government , the bar, law schools, legal-aid providers and others to work together to provide civil legal services to low-income citizens

Malicious Accusation: An accusation against another for improper purpose

Acquired-Rights Doctrine: The principle that once a right has vested, it may not be reduced by later legislation

Common-Law Action: An act Governed by Common Law, rather than Statutes, Equitable Law or Civil Law.

Cross-Action: An action brought by the Defendant against the plaintiff based on the same subject matter as the plaintiff’s action

Personal Action: An action brought for the recovery of debts, personal property or damages arising from any cause

Act of God: An overwhelming, unpreventable event caused exclusively by forces of Nature

Ad Hoc: Formed for the Particular purpose (Ex: Ad Hoc Committee for…)

Ad Hominem: Appealing to personal prejudices rather than to reason; attacking an opponent's character rather than opponents assertions


Motions

Calendar Motion: Motions relating to the time of a court appearance Motion to Continue, Motion to Advance and Motion to Reset

Cross-Motion: A similar and competing motion to another party’s motion

Motion to Modify: A Post-final-decree motion asking the court to change one of its earlier orders

Omnibus Motion: A motion that makes many requests or asks for multiple forms of relief

Post-trial Motion: A motion made after judgement is entered

Speaking Motion: A Motion that addresses matters not raised in the pleadings



Church and State
Religious Land Use and Institutionalized Persons Act
defines the term “religious exercise” to include "any exercise of religion, whether or not compelled by, or central to, a system of religious belief."

Federal Constitutional Religious Rights are Retained in the States
But States may broaden Rights

Pursuing Non-Abrahamic Religions in jail

Growing a Religious Beard or Length of hair in jail or as an officer

Conflict of Interest with Counsel Test
defendant to show both a conflict of interest and an adverse effect on his or her attorney’s performance

Religious Students being removed from Public School

Earning a Living selling Religious Materials is not the same as non-Religious Materials

Distribution of Religious Publications

Selling Religious Magazines without a Licence

Religious Gatherings without a Licence

Religious Solicitation without a Licence

Religious Ministers Holding Office

Prayer before Legislative sessions

Holiday Displays with “Legitimate Secular Purpose”

Public Sit ins
The Local, State or Federal Government should not put "Breach of the Peace Statutes" in place, because they are more likely to incite violence than not
http://en.wikipedia.org/wiki/Cox_v._Louisiana

Church and State

The Civil Rights Attorney Fees Award Act of 1976:
Meant to encourage the fight for Civil/Constitutional Rights by awarding prevailing cases

Enforcement Act of 1871
Put in Place for when Civil or Constitutional Rights are Denied

How Common Law applies to Statutes & Which cases are Awarded Attorney Fees
42 US Code, § 1988

Civil Action for Deprivation of Rights
42 US Code,  § 1983

Hanrahan V. Hampton
Protection from Police Conspiracy & An example of the Civil Rights Attorney Fees Award Act

Seizure of Property without Due process

Constitutional Rights in jail & protection from cruel and unusual punishment

Inmate Right to Habeas Corpus:
Gives Inmates the right to challenge the legality and conditions of their imprisonment

State Prison Inmates have the Right to Sue in Federal Court to address their Grievances

The Prosecution can not rig a jury for an unfair outcome





Piercing Prosecutorial Immunity:

Federal officers or agencies sued or prosecuted
28 U.S. Code, § 1442

Ex Parte Young
Allows suits in federal courts against officials acting on behalf of states of the union to proceed despite the State's Sovereign immunity, when the State acted unconstitutionally.

Buckley v. Fitzsimmons
Determined that prosecutors are not entitled to absolute immunity for investigative activities, and held that they could be sued for damages for wrongly prosecuting

Cleavinger v. Saxner
Established that members of prison disciplinary committees are only entitled to qualified, rather than absolute, immunity from lawsuits when imposing discipline on prisoners

Test
Consider whether federal law forbidding an action was clearly established at the time of that action, instead of first analyzing the sometimes more difficult question of whether the law actually forbade the action, regardless of its clarity.

Fed Rules of Civ Procedure Rule 23: Class Actions

Submitting to the Appropriate Official
28 U.S. Code, § 1715












Definitions

(1) Class.— The term “class” means all of the class members in a class action.

(2) Class action.— The term “class action” means any civil action filed in a district court of the United States under rule 23 of the Federal Rules of Civil Procedure or any civil action that is removed to a district court of the United States that was originally filed under a State statute or rule of judicial procedure authorizing an action to be brought by 1 or more representatives as a class action.

(3) Class counsel.— The term “class counsel” means the persons who serve as the attorneys for the class members in a proposed or certified class action.

(4) Class members.— The term “class members” means the persons (named or unnamed) who fall within the definition of the proposed or certified class in a class action.

(5) Plaintiff class action.— The term “plaintiff class action” means a class action in which class members are plaintiffs.

(6) Proposed settlement.— The term “proposed settlement” means an agreement regarding a class action that is subject to court approval and that, if approved, would be binding on some or all class members.



















Habeas Corpus

28 US Code, § 2242: Application
Application for a writ of habeas corpus shall be in writing signed and verified by the person for whose relief it is intended or by someone acting in his behalf.
It shall allege the facts concerning the applicant’s commitment or detention, the name of the person who has custody over him and by virtue of what claim or authority, if known.
It may be amended or supplemented as provided in the rules of procedure applicable to civil actions.
If addressed to the Supreme Court, a justice thereof or a circuit judge it shall state the reasons for not making application to the district court of the district in which the applicant is held.

28 U.S. Code § 2243: Issuance of writ; return; hearing; decision
A court, justice or judge entertaining an application for a writ of habeas corpus shall forthwith award the writ or issue an order directing the respondent to show cause why the writ should not be granted, unless it appears from the application that the applicant or person detained is not entitled thereto.
The writ, or order to show cause shall be directed to the person having custody of the person detained. It shall be returned within three days unless for good cause additional time, not exceeding twenty days, is allowed.
The person to whom the writ or order is directed shall make a return certifying the true cause of the detention.
When the writ or order is returned a day shall be set for hearing, not more than five days after the return unless for good cause additional time is allowed.
Unless the application for the writ and the return present only issues of law the person to whom the writ is directed shall be required to produce at the hearing the body of the person detained.
The applicant or the person detained may, under oath, deny any of the facts set forth in the return or allege any other material facts.
The return and all suggestions made against it may be amended, by leave of court, before or after being filed.
The court shall summarily hear and determine the facts, and dispose of the matter as law and justice require.

28 U.S. Code § 2253: Appeal
28 U.S. Code § 2254: State custody; remedies in Federal courts
https://www.law.cornell.edu/uscode/text/28/2254

Guerrilla theatre, generally rendered "guerrilla theater" in the US, is a form of guerrilla communication originated in 1965 by the San Francisco Mime Troupe, who, in spirit of the Che Guevara writings from which the term guerrilla is taken, engaged in performances in public places committed to "revolutionary sociopolitical change." The group performances, aimed against the Vietnam war and capitalism, sometimes contained nudity, profanity and taboo subjects that were shocking to some members of the audiences of the time.

Guerrilla (Spanish for "little war"), as applied to theatrical events, describes the act of spontaneous, surprise performances in unlikely public spaces to an unsuspecting audience. Typically these performances intend to draw attention to a political/social issue through satire, protest, and carnivalesque techniques. Many of these performances were a direct result of the radical social movements of the late 1960s through mid-1970s. Guerrilla Theater, also referred to as guerrilla performance, has been sometimes related to the agitprop theater of the 1930s, but it is differentiated from agitprop by the inclusion of Dada performance tactics.

An example of Guerrilla Theatre is when the Yippies ran Pigasus the pig for president (they said it was because everyone else was also running a pig for president), and the police arrested the pig.


Another example is when the Yippies invited all of the Hippies to come to the Pentagon to stand around it and make it levitate. The National Guard was sent and the Hippies marched peacefully to the Pentagon.
A "PAC" or "Political Action Committee" is the groups that put the Ads on TV for Presidents. Governors, Mayors, etc etc etc. When a commercial comes on and a politician is on at the end saying "I support this Ad" that Ad was made by a PAC. Or when it says "Call Senator X and tell him to stop being a meany" that Ad was probably paid for by a PAC.

The way a PAC makes money is by putting out Ads that lead people to their website at the end for donations, or offer bumper stickers and sell campaign posters. You can also accept donations as a PAC.

Here is how to get a political organization (PAC) started

'Demonstration' is a monstration that serves as proof in storytelling.
Demonstration is a central part of the Brechtian approach to acting. It implies a definite distance built into the actor's manner of playing a character (in contrast to the absolute identification with a character demanded by the Stanislavski-influenced "method acting" approach).

A demonstration or street protest is action by a mass group or collection of groups of people in favor of a political or other cause; it normally consists of walking in a mass march formation and either beginning with or meeting at a designated endpoint, or rally, to hear speakers. Historian Eric Hobsbawm says, "Next to sex, the activity combining bodily experience and intense emotion to the highest degree is the participation in a mass demonstration at a time of great public exaltation. Unlike sex, which is essentially individual, it is by its nature collective...and it can be prolonged for hours....It implies some physical action--marching, chanting slogans, singing — through which the merger of the individual in the mass, which is the essence of the collective experience, finds expression."