Discovery Pretrial Discovery

Question: Why do people not believe there should be a pope? Matthew 16:18: "You are Peter, and on this rock I will build my Church." "Whatever you bind on earth shall be bound in heaven, and whatever you loose on earth shall be loosed in heaven" (Matt. 16:19). Here Peter was singled out for the authority that provides for the forgiveness of sins and the making of disciplinary rules. Later the apostles as a whole would be given similar power [Matt.18:18], but here Peter received it in a special sense. Peter alone was promised something else also: "I will give you the keys of the kingdom of heaven" (Matt. 16:19). The city to which Peter was given the keys was the heavenly city itself. This symbolism for authority is used elsewhere in the Bible (Is. 22:22, Rev. 1:18). Now take a closer look at the key verse: "You are Peter, and on this rock I will build my Church" (Matt. 16:18). Disputes about this passage have always been related to the meaning of the term "rock." To whom, or to what, does it refer? Since Simon’s new name of Peter itself means rock, the sentence could be rewritten as: "You are Rock and upon this rock I will build my Church." The play on words seems obvious, but commentators wishing to avoid what follows from this—namely the establishment of the papacy—have suggested that the word rock could not refer to Peter but must refer to his profession of faith or to Christ. From the grammatical point of view, the phrase "this rock" must relate back to the closest noun. Peter’s profession of faith ("You are the Christ, the Son of the living God") is two verses earlier, while his name, a proper noun, is in the immediately preceding clause. One metaphor that has been disputed is Jesus Christ’s calling the apostle Peter "rock": "You are Peter, and on this rock I will build my Church, and the gates of hell will not prevail against it" (Matt. 16:18). Some have tried to argue that Jesus did not mean that his Church would be built on Peter but on something else. Some argue that in this passage there is a minor difference between the Greek term for Peter (Petros) and the term for rock (petra), yet they ignore the obvious explanation: petra, a feminine noun, has simply been modifed to have a masculine ending, since one would not refer to a man (Peter) as feminine. The change in the gender is purely for stylistic reasons. These critics also neglect the fact that Jesus spoke Aramaic, and, as John 1:42 tells us, in everyday life he actually referred to Peter as Kepha or Cephas (depending on how it is transliterated). It is that term which is then translated into Greek as petros. Thus, what Jesus actually said to Peter in Aramaic was: "You are Kepha and on this very kepha I will build my Church." SOURCE: (And NO* I didn't just copy the whole thing over, the complete thing was way longer) http://catholic.com/library/Origins_of_Peter_as_Pope.asp OH! haha sry. this thing is long! ++please tell me why people, or why YOU believe there shouldn't be a pope! _____+ _____+ +++++++++++ _____+ _____+ _____+ _____+ ~~~PEACE~~~ + to all religions + to Laura******of whether the word ROCK refers to Christ himself, since he is mentioned within the profession of faith. The fact that he is elsewhere, by a different metaphor, called the cornerstone (Eph. 2:20, 1 Pet. 2:4-8) does not disprove that here Peter is the foundation. Christ is naturally the principal and, since he will be returning to heaven, the invisible foundation of the Church that he will establish; but Peter is named by him as the secondary and, because he and his successors will remain on earth, the visible foundation. Peter can be a foundation only because Christ is the cornerstone. to SUSANNNNE: that FATHER thing is simply a hyperbole! ever called your dad father?

Answer: There's a protestant theological argument on that, which hangs on "the rock" being Peter's recognition of Christ, not Peter being the rock and the foundation of Christianity, but that's almost an aside. What really undermines the papacy is the history of the popes! One hardly need go back further than WW2. A less divine office would be harder to conceive of, at times.

Question: can a parent file a restraining order against a school bully? A child new to my daughter's middle school has severe behavioral issues and has been suspended from school 5 times in the last 6 weeks for hitting, slapping or kicking others (teachers and students alike). Because he is deemed special needs, the student is protected by law from standard disciplinary rules regarding expulsion. The child has slapped my daughter across the face and continues to harrass her following his suspension for this behavior. We also filed a police report to document the battery. Question is, if this continues, can we file for a restraining/protective order to keep this student away from our daughter? This is occurring in California.

Answer: The first thing I would do would be to schedule an immediate appointment with the highest ranking school official you can reach. Do NOT be rude or obnoxious in any way. You are a parent who is concerned for the safety of a child and you need the help and assurance of the school to make certain your daughter is safe from this child while she is on school property. Give then an opportunity to tell you how they will fix this problem. If they ask YOU for a suggestion, then you suggest that an adult be assigned to shadow this girl every moment she is on school grounds. (This is a reasonable request considering the assaultive nature of this child.) If they tell you they cannot, you can tell them that you or a family member will come to the school as a protective detail for your daughter if need be but that you will have no choice but to sue the school to be compensated for the missed days of work. The bottom line is that if this girl is a special needs child, the school is required by law to provide the services that she requires. If she cannot be expelled, then the school needs to take other steps necessary to keep the students safe. After you have your meeting, make certain that you write a follow up letter to the school. You need to describe what was discussed during the meeting so you have written proof of what happened. If you can't get any satisfaction from the school after you jump through these hoops, you can attempt to request a restraining order.

Question: What do you this of the rule? Well im going to a new school and i was looking at the handbook.One of the rules is no public affection.No holding hands, no kissing, no hugging and if you are seen doing these acts you will be subject to disciplinary action.

Answer: Wow yeah most schools have that rule. My school does, but nobody follows it and nobody gets into trouble, even if teachers see you do it. Depends on the teachers I guess.

Question: Disciplinary procedures in employment? I as an employee fell down a customer's fire escape whilst delivering. As a result I was given a written warning for breaching Health and Safety rules for using the fire escape when I was advised 2 weeks previously by the customer that there was an indoor staircase I could have used. I have never had a verbal warning from my employer in the past. I have been told that if I breach H&S rules in the future, I will receive a final written warning. My question is a) is it employment law that a verbal warning should come first, and b) shouldn't warnings be spent after 12 months? I feel as if I will be working in fear of another accident in the future being used as grounds for dismissal regardless of how far in the future this happens or the cause of it. Can anyone help me with my legal position please?

Answer: In most cases your employer must give you a verbal warning first but if the employer thinks that it is gross misconduct they can give you written or dismiss you traight away and as you had an accident while at work they saw that as a threat to them to hence why they jump for the written warning to cover them selves. http://www.adviceguide.org.uk/index/life/employment/dealing_with_grievances.htm Theres a link that will tell you about it and will also tell you how to bring up grievence if you think it was unfair they gave you a disaplinary. Hope this helps :-)

Question: Whats your father? more DISCIPLINER (about rules) or NUTURER ( about caring)? just wondering what the norm is.. because i always thuoght of fathers as just being the disciplinary and not the caring type.. and i always think its rare and people are lucky when they actually have a caring nuturing type father.. mine was a drunk and an azz more than half of the time the other time he was lil pitiful he tried though .. what about you? you have a good caring or (sensitive) father or more of a sergeant in the family?

Answer: In the middle, my father doesn't let me have much freedom, or let's me go outside alone, I do it anyway. But my father spoils me, if I beg properly, I get whatever I ask for, as long as it's not inappropriate.

Question: Are there laws regarding disciplinary procedures? I was wondering if anyone knows if there are laws in place governing how an employer goes about a disciplinary procedure? Last week i was given a written warning from my manager for something which i consider very trivial and in some cases untrue. My supervisor knew this was going to happen but i received no warning from her. I was always under the impression that generally there was a 'two verbal, one written' rule in place but does anyone know if this is law or down to the individual employer?On checking my employee handbook it appears they should have given me the letter PRIOR to the meeting (which they didn't) to peruse and, if i so wanted, ask someone to sit in the meeting with me, but on asking about this i was told this was only for dismissal disciplinarys,something the handbook does not make clear. My colleagues are surprised as many of the points in the warning are done by everyone i work with, not just me - it seems i am being singled out by my boss.Can anyone offer advice? I don't think this disciplinary is a dismissal one - not yet anyway - just a written warning. Well i say 'just' - it's stressed me out!

Answer: If you are in the uk... If an employer is considering dismissal, they must follow the statutory dismissal procedure. It comes in three parts: a written statement of what the employee is alleged to have done, a meeting to discuss the situation, and the right of appeal. If this procedure isn't followed, an employment tribunal may judge the dismissal 'automatically unfair'.

Question: Is one year old too early to start disciplinary actions? My son is about two weeks shy of his 1st birthday. He is really starting to develope some bad habits as far as attitude and wanting it his way or no way. I know this is typical of small children and infants as they discover their individuality. But it is getting to the point where he will not eat his food, screams if his favorite show isnt on constantly and what not. My husband and his mom, my sons Nana let him rule the roost so to speak but I am concerned that this is setting the tone for big problems in the future. My question is how soon is too soon for disciplinary actions? I am not talking about a spanking, he is only a year old, but I am talking more about putting him to bed when he acts out or firm words.

Answer: He is probably too young for time out because he most likely will not stay there but he is definitely old enough to be disciplined. You can do things like, if he starts having a temper just walk away and leave the room until he is all done having a temper or put him in his crib until he is all done crying. If he doesn't eat his food then take him down from the table and give him the same food at his next meal. He is old enough to start learning that negative behaviors go together with negative consequence but the consequences have to be simple enough for him to understand such as the ones that I recommended. You can do other stuff like taking away toys as well. Hope it helps :)

Question: Why don't cops face worse disciplinary consequences than normal citizens? If a peace officer were to hit a citizen, what are the chances of them actually facing any consequences, besides suspension with pay. (Sounds like vacation to me) Now if a citizen were to even resists 'wrongful arrest' they are prosecuted. No hard evidence needed just the "peace officers'" word. Wouldn't it make more sense to have the ones in power (officers) face stricter standards. If the ones in power (officers) don't have any consequences that they have to go by, that are actually enforced, how can we expect them to care if they do not follow the rules? I am not saying that cops do not follow there rules, and I am not saying that they do not actually follow them. (Even though many cases and video footage proof otherwise) But the current standards appear to be set up for failure, am I wrong. (Please if you are not sure how to properly use english grammar and aren't sure of your punctuation because you haven't completed high school yet this is not the question for you to be answering; I feel that it might be quite a bit out of your IQ range.) Every free thinking individual that doesn't run with the bandwagon please read my thoughts and I would like to hear your opinons. Also why are cops so defensive about being filmed? I think there should be a law that encourages citizens to record cops. Christopher, If they are considered equal, why is assualt on a police officer worse than a normal citizen. They have laws to protect them, but anything done to protect yourself while encountering one is "resisting arrest" and the tazer comes out. To the person with the Gadsen flag. You're misinformed. Paid suspension is only given for serious investigation, it is called administrative leave. If an Officer is involved in a serious incident then he/she is sent on administrative leave while the matter is investigated. If the officer is found to be in violation then disciplinary action is taken which could include written warnings, unpaid suspensions, terminations, etc. In addition the officer could be charged criminally (in addition to losing his job) and/or sued." Ya okay, that written warning is real harsh. I gurantee that less than 2% of the cases are anything more severe than a slap on the wrist. Take that flag down, you don't know anything about what it represents. Just looked at El Scott's Profile HE IS A COP. Of course he doesn't agree that they should have stricter regulations. Get out of my question, and go harass elsewhere. There goes El Scott , getting aggravated. Demeaning you because your listening to what your book says and using some simple logic, AND NOT LISTENING HIM.

Answer: You are a very misinformed person. Tell me, when did you get access to all the personnel jackets and transcripts of the investigations of these alleged 2% wrist slaps? Unless you are privy to all the information in an internal investigation, you are doing nothing but spreading hate and rumors. Nice try though.

Question: Please advice. Am I wrong? My 4th grader brought home one of these disciplinary notes...? The parent had to sign, not the first. Basically It read: "By listening in class and doing the assigned activities, I will be able to learn more. When I talk out in class or disturb others, it slows down or stops the learningexperience for myself and others. It is unfair to other studentsand against our classroom and school rules. Writing this paper will help me to be a better student. I also know that my behavior affects my student grade." Parent Signature _____ At the end of the note my husband decided to send a note to the teacher based on what our kid told him: His note to the teacher: "I apologize for my daughter's behaviour. Put her in a corner if she keeps talking she tells me other kids talk TO her & she's getting in trouble. WHO IS TELLING THE TRUTH & ARE OTHER KIDS GETTING NOTES SENT HOME? THANKS." > He challenged the teacher??? Can you believe he did this? Am I wrong to think his aproach is bad for our girls ? AM I CRAZY? Is he right? PS: It's not the 1st not. John C, I think his "WHO'S TELLING THE TRUTH" was bad. The teacher is doing more than her job and I greatly appreciate. Whether other students are getting notes sent home is not what my husband should be concerned, The teacher is trying to work with him and he undermined her authority, It's easier to shift the blame onto the next person than to aknowledge the issue and try to do his part to correct what is becoming a bad character trait on her, to falsely accuse others of her doings, she's a kid! Unfortunately when the crying starts my husband's impatience mixed with guilt clouds his judgement. I'm just afraid that she will be the one to suffer when she grows up. oh she's my stepdaughter but I don't like the term step because I think of step tire. I love her and He and I fight a lot over things like that. I agree with barbiq 100%. John C, I wish could say it was the teacher, we've changed school, the complaint is the same. Excuse my poor grammar I'm not an English speaker.

Answer: If he had an issue with the note he should either call the teacher and set up a face to face meeting or write a separate letter and ask her to call him. You should never challenge a teacher in front of your kids. Children should always be held accountable for their actions in school.

Question: What happens if a defendant doesn't show up for a pretrial in family court (custody)? She's also pro se. The mother and father of the child were not married.The paternal grandmother has temp. custody of the child. The mother's visitation, child support, and discovery rights has been suspended, but she still has parental rights. The father is taking his mother to court for the return of custody of the child. His mother consents. When the child's mother was notified she returned the answer to ask for full custody herself. She's had visitation before and showed up for a few weeks and then stopped coming. She lied to the child during this time on a visit and told the child she wasn't going to take her home. The child remembers this. The child wants to live with her dad. The mom hasn't paid child support since 01/05. The father is current. Our lawyer doesn't communicate with us at all. From what we know the mother lives in a hotel and is a stripper. The father is married, owns his home, and is stable. Just wondering what will happen if the mother doesn't show up for the pretrial.

Answer: lose the case

Question: Pretrial question ??? a pretrial conference occurs when before the complaint is filed during an appeal before discovery begins but after the complaint is filed after discover

Answer: At ANY TIME before the first witness is sworn and placed on the stand. I'd imagine they're looking for "after discovery" but there are times when it is necessary to have a pre-trial conference before that, as well as after. Pre-trial conferences do not generally occur after the judgment is rendered (hence, appeal is incorrect). There ARE times you can have a pre-trial conference before a complaint is filed, but this usually occurs before the individual to be charged is actually a defendant; rather they would be involved in a collateral matter such as their co-defendant's trial.

Question: PLEASE help a desperate mother..Pretrial court hearing 3rd one can anyone tell me what this mumbo jumbo means? 06/10/2009 06/11/2009 N/A JE PRETRIAL HELD 06/10/2009. PRETRIAL CONTINUED TO 06/23/2009 AT 09:00 AM AT THE REQUEST OF DEFENDANT. 06/10/2009 CPDL2 06/11/2009 08:33:24 05/28/2009 06/01/2009 N/A JE PRETRIAL HELD 05/28/2009. PRETRIAL CONTINUED TO 06/10/2009 AT 09:00 AM AT THE REQUEST OF DEFENDANT. 05/28/2009 CPDL2 05/29/2009 11:09:40 05/14/2009 05/15/2009 N/A JE PRETRIAL HELD 05/14/2009. PRETRIAL CONTINUED TO 05/28/2009 AT 09:00 AM AT THE REQUEST OF DEFENDANT. FINAL PRETRIAL SET FOR 06/23/2009 AT 09:00 AM . AT THE REQUEST OF DEFENDANT. TRIAL SET FOR 07/14/2009 AT 09:00 AM. AT THE REQUEST OF DEFENDANT. 05/14/2009 CPDL2 05/14/2009 15:55:26 05/11/2009 05/11/2009 D1 SR CERTIFIED MAIL RECEIPT NO. 13668870 RETURNED BY U.S. MAIL DEPARTMENT 05/05/2009 . 05/07/2009 05/07/2009 N/A JE DEFENDANT NOTIFIED TO CONTINUE REPORTING TO COURT SUPERVISED RELEASE ON THIS NEW CASE. 05/07/2009 CPDL2 05/07/2009 14:01:12 05/06/2009 05/06/2009 D1 MO MOTION TO DISCLOSE RULE 404() EVIDENCE PRIOR TO TRIAL AND MEMORANDUM IN SUPPORT, FILED. 05/06/2009 05/06/2009 D1 MO REQUEST FOR BILL OF PARTICULARS, FILED. 05/06/2009 05/06/2009 D1 MO MOTION FOR DISCOVERY BY THE DEFENSE, FILED. 05/04/2009 05/04/2009 N/A JE COURT REMOVES PUBLIC DEFENDER AS COUNSEL. DEFENDANT REMAINS INDIGENT; COURT ASSIGNS GIAN DECARIS AS COUNSEL AS HE WAS ASSIGNED BY THE COURT IN DEFENDANT'S PENDING CASE 511391. FIRST PRETRIAL SET FOR 05/14/2009 AT 09:00 AM. 05/04/2009 CPDL2 05/04/2009 11:34:48 05/04/2009 05/04/2009 N/A CS PRISONER IN COURT 05/04/2009 05/04/2009 N/A JE DEFENDANT DECLARED INDIGENT. COURT ASSIGNED PUBLIC DEFENDER AS COUNSEL. READING OF INDICTMENT WAIVED. TWENTY-FOUR HOUR SERVICE WAIVED. DEFENDANT PLEAD NOT GUILTY TO INDICTMENT. ORIG BOND CONT AT 2,500.00 DOLLARS. BOND TYPE: CASH/SURETY/PROP.. . JUDGE RUSSO, NANCY MARGARET (326) ASSIGNED (MANUALLY). 04/23/2009 04/23/2009 N/A SR SUMMONS - CRIMINAL(13668870) SENT BY CERTIFIED MAIL. 04/20/2009 04/21/2009 N/A GP ARRAIGNMENT SCHEDULED FOR 05/04/2009. 04/20/2009 04/20/2009 N/A CS WRIT FEE 04/20/2009 04/20/2009 N/A CR INDICTED BINDOVER ON 04/20/2009 04/20/2009 04/21/2009 N/A SF LEGAL RESEARCH 04/20/2009 04/21/2009 N/A SF CRIME STOPPERS 04/20/2009 04/21/2009 N/A SF COMPUTER FEE 04/20/2009 04/21/2009 N/A SF CLERK FEE 01/22/2009 01/22/2009 D1 SF PAYMENT RECEIVED OF SMOLK/JOHN/ 01/22/2009 01/22/2009 D1 DR RC 2743.70 REPARATION FEE $45.00 01/22/2009 01/22/2009 N/A BN $2500 SURETY BOND POSTED ON 01/22/2009 BY OWENS/RICKY / UNIVERSAL INS CO. BOND NO. 549813 / POWER NO. 5-1108986 01/08/2009 01/08/2009 D JE ON RECOMMENDATION OF BOND COMMISSIONER'S OFFICE, BOND SET AT TWENTY-FIVE HUNDRED DOLLARS ($2,500.00) CASH/SURETY. 01/08/2009 01/08/2009 N/A GP CASH/SURETY/PROP. BOND SET , AMOUNT $2,500.00 01/07/2009 01/07/2009 N/A GP CASH/SURETY/PROP. BOND SET , AMOUNT $10,000.00 01/07/2009 01/07/2009 N/A CR CIF ENTERED 01/05/2009 01/07/2009 N/A CR TRANSCRIPT FILED 01/05/2009 01/07/2009 N/A CR BINDOVER CIF#CI099404AD 12/31/2008 01/07/2009 N/A CR ARRESTED 12/31/2008 11/20/2008 01/07/2009 N/A CR DATE OF OFFENSE 11/20/2008 he as in the middle of another case for all this crap 2911.12.A(3) BURGLARY 2913.02.A(1) THEFT; AGGRAVATED THEFT 2913.31.A(1) FORGERY; FORGING IDENTIFICATION CARDS 2913.31.A(3) FORGERY; FORGING IDENTIFICATION CARDS 2913.31.A(1) FORGERY; FORGING IDENTIFICATION CARDS 2913.31.A(3) FORGERY; FORGING IDENTIFICATION CARDS 2913.31.A(1) FORGERY; FORGING IDENTIFICATION CARDS 2913.31.A(3) FORGERY; FORGING IDENTIFICATION CARDS 2913.31.A(1) FORGERY; FORGING IDENTIFICATION CARDS 2913.31.A(3) FORGERY; FORGING IDENTIFICATION CARDS 2913.02.A(1) THEFT; AGGRAVATED THEFT 2913.51.A RECEIVING STOLEN PROPERTY when he was arrested again for 2913.51.A RECEIVING STOLEN PROPERTY 2921.32.A(1) OBSTRUCTING JUSTICE 2913.31.A(1) FORGERY; FORGING IDENTIFICATION CARDS i hope this sob spends along time in jail he is dating my daughter and jail is my only hope to get him away from her oh plus he spent 6 mos in prison for almost the same stuff a couple years ago... please help a desperate mother he told my husband this is alll a mistake where all the charges are going to be dropped but i cant see that happening if it has gone this far

Answer: As indicated, June 23 is the next court date. IMO, eight counts of forging identity cards is not easily something that is a mistake. My advice: 1) if your daughter is an adult, butt out. The boyfriend and his crime are not your business; 2) if your daughter is a minor and you believe the guy represents a danger, contact the prosecutor and tell him what you know, you might have info that would help send the guy away. RJ

Question: Can someone help. Business Law Questions Thanks.? 1. Rothchild of New York and Wiley of Nevada entered into a sales contract involving goods for the value of $5,050. Rothchild decided not to ship the goods, forcing Wiley to buy the goods for $250 more. Wiley claims that he can now sue Rothchild in federal district court. Is Wiley correct? a. No, cases involving diversity of citizenship will be tried in a federal district court only when the amounts of money involved exceed $50,000. b. Yes, cases involving citizens of different states where the amount of money involved exceeds $5,000 will be tried in a federal district court. c. Yes, all cases involving citizens of different states are automatically referred to the federal court. d. No, since the amount of money Wiley lost was only $250; this case would be heard in a general trial court. 2. Janina Riley is declaring bankruptcy. What court will have original jurisdiction in this case? a. general trial courts b. lower trial courts c. U.S. district courts d. special U.S. Courts 3. At the beginning of a lawsuit, the legal papers that are filed establish the issues that the court is to decide by setting forth the plaintiff's allegations and the defendant's answers to those allegations. These legal papers are referred to as the a. answer b. complaint c. pleadings d. summons 4. Out-of-court settlements often occur during what part of the civil trial procedure? a. pleadings b. summons c. methods of discovery d. pretrial hearing 5. Jeff sold Tyler a used car for $3,500. Five days later, the alternator went out. Tyler believed Jeff had withheld information about the car's mechanical condition and should pay for the necessary repairs to replace the alternator. After arguing about the situation, they decided to let Justin, an independent third party trained to solve disputes between consumers, businesses, and casual sellers, develop a solution that would be acceptable to both sides. Justin decided that they should split the cost to replace the alternator. Tyler was not satisfied with the decision. Is he nevertheless bound by Justin's decision? a. Yes, because Justin became the arbitrator, his decision is legally binding. b. No, since Justin is the independent third party, he is acting as the mediator whose actions are merely advisory and, therefore, not legally binding. c. No, because these types of disputes need to be settled by an impartial jury. d. No, because Justin is not qualified to be an independent third party.

Answer: 1) The only thing wrong with choice A is that the amount is $75,000. This was just recently changed so if this test is relatively old, then this might be your answer. Otherwise, D can be correct because in cases where diversity of citizenship is the only basis for federal court standing, state courts only have concurrent jurisdiction. this case would probably be heard in small claims court. 2) D (would be heard in federal Bankruptcy Court) 3) C (answer & complaint combined so pleadings) 4) D 5) B

Question: I have been charged with Misdemeanor Stalking and have a pretrial scheduled this week. What can I expect? A guy I was dating for 2 months has accused a friend of mine and I of stalking and harassing him. No we did not and have not, so save your comments about that. This guy has a friend who is a police officer and this police officer called my friend trying to bully him into coming to the police station and signing a statement, to which my friend declined because he obviously hadn't done anything. Meanwhile this guy has been prank phone calling me, my friend and my friend's parents saying nasty and threatening things. He is basically doing what he has accused us of. Anyway this police officer mailed my friend and I "tickets", in the mail, for Misdemeanor Stalking. Mine was even incorrectly addressed and had to be rerouted through the mail and I barely got it in time to respond before the deadline before a warrant would have been issued for my arrest for failure to respond or appear. They were mailed via regular mail from the Police Station, not registered mail or certified mail, and not from the court, no warrants were issued, etc. My friend and I have retained an attorney who waived our arraignment appearance and scheduled a pre-trial and motion for discovery. This guy is a liar and I have evidence of him actually harassing and stalking me, my friend and my friend's family. Per District Court we cannot view any of the evidence until the date of the pre-trial so we don't even know what they have cooked up or what we're facing. Can the evidence I have of him harassing and stalking us be used to refute his claims? If they thought they actually had serious evidence of us stalking him wouldn't they have issued warrants for our arrests? Or at least asked me to come in for questioning? Nobody ever even called me and like I said, mailed my ticket to the wrong address anyway. I'm thinking since this Police Officer is a friend of this guy, but the Police Officer couldn't get warrants for our arrests because there is no real evidence, that is why he mailed us tickets in the mail, because it was all he could do. And after our attorney scheduled our pretrial I received a notice from the court of our date to appear and the plaintiff is listed as the City of ****** instead of our actual accuser, and the Plaintiff has an attorney, is that the prosecutor? What is the difference between the Attorney for the Plaintiff and the Prosecutor? Most of all what can I expect at this pretrial? What is the process? I have never been in the court system and I am nervous only because I don't know what to expect and since we haven't been able to review their evidence I don't even really know what I'm being accused of. Save your comments on whether or not you think I did anything and just stick to answering the questions please. And I don't want to hear from any Police Officers saying that there is no way this police officer would have done anything unethical, because we all know there are dirty cops out there. So please save all opinions and just answer the questions. Thank you!!!! Seriously 'Obnoxious Joe'? Is that what you would do? Because I was planning on wearing them right into the courtroom. Do you think that would be too noticeable? Would that give anything away? (that's sarcasm) bryson77: Seriously, put the Cher album away or stick to the categories that are about Cher-obsessed fans...

Answer: As a chick you can expect nothing to happen to you. If you were a dude, then that would change. That's even assuming that you weren't telling the truth and actually were stalking him.

Question: What is a PRETRIAL in a Family Law Case? The defendent has an attorney and the petitioner does not, and the defendent's attorney filed a motion to w/draw. Today he was granted the motion to w/draw and now there is a PRE TRAIL set next month. What exactly is a pre trial? The attorney on the defendants side already did some work with his client already. The attorney sued the mother of the child asking for letters to produce for discovery and she had 30 days to respond in which she did NOT respond. I guess maybe the attorney was suppose to file a motion to compel or dismiss because of that? What is going to tak place at this PRE TRIAL. This case is with the TX Attorney General for child support.

Answer: In simple terms, the purpose of a pre-trial hearing is to make sure that all parties are moving the case along according to the rules of procedure for the court. The judge or hearing officer will make sure that both sides are complying with discovery rules and providing the opposing party with information as required by the rules of discovery. In the situation you describe that would mean income information and employment information. It would be wise for you to get a copy of the rules of procedure for your court. The rules of procedure will tell you exactly what will occur at the pre trial hearing. The rules will also tell you how the case will flow through the system. The rules of procedure will also tell you what rights a person has with regard to discovery. You will likely find the rules of procedure for your court online, at a law library, or go to the court and ask the court clerk to provide them to you. There may be a small fee that you will have to pay for the coping cost. But, it is very well worth the expense to obtain a copy of the rules of procedure. good luck.

Question: What do these legal terms mean? it's a really long story why i need to know, but can someone help? thanks! Pretrial Disclosure Regarding App for Indigent Status Filed, Certificate of Compliance/FCIC/NCIC Requirement Filed, Notice of Appearance of Counsel Filed, Information and Notice to the Clerk Filed, TRACK SET TO COMPLEX, Additional Discovery Information Filed, Felony Hearing/Continuance Form Filed, Discovery Disclosure Filed, Additional Discovery Information Filed, Discovery Disclosure Filed, Defendant's Discovery Disclosure

Answer: They're filing requirements with the court that have been met. The form titles give a general gist of what they're about, but you need to check with the court to get specifics.

Question: Why won't Obama revoke his other citizenships? Why won't he call Hawaii for the long form instead of using DOJ? lawyers (at our expense) to keep filing dismissals instead of just settling the fact that he's ineligible once and for all? California judge today tentatively scheduled a trial for Jan. 26, 2010, for a case that challenges Barack Obama's eligibility to be president based on questions over his qualifications under the requirements of the U.S. Constitution. If the case actually goes to arguments before U.S. District Judge David Carter, it will be the first time the merits of the dispute have been argued in open court, according to one of the attorneys working on the issue. In a highly anticipated hearing today before Carter, several motions were heard, including a resolution to long-standing questions about whether attorney Orly Taitz properly served notice on the defendants, which she had. In a second ruling, Carter ordered that attorney Gary Kreep of the United States Justice Foundation can be added to the case to represent plaintiffs Wiley Drake and Markham Robinson, who had been removed by an earlier court order. Drake, the vice presidential candidate for the American Independent Party, and Robinson, the party's chairman, also were restored to the case. But the judge did not immediately rule on Taitz' motion to be granted discovery -- that is the right to see the president's still-concealed records. Nor did Carter rule immediately on a motion to dismiss the case, submitted by the U.S. government, following discussion over Taitz' challenge to the work of a magistrate in the case. The judge did comment that if there are legitimate constitutional questions regarding Obama's eligibility, they need to be addressed and resolved. Carter ordered a hearing Oct. 5 on the motion to dismiss and ordered arguments submitted on the issue of discovery. If the case survives that challenge, a pretrial hearing has been scheduled for Jan. 11 and the trial for two weeks later. The case would be the first time, according to Kreep, that the actual merits of the dispute will have been heard in open court. A multitude of such disputes have been rejected out of hand by various state and federal courts. Even the U.S. Supreme Court repeatedly has rejected urgent appeals to hear the evidence. There have been dozens of legal challenges to Obama's status as a "natural born citizen." The Constitution, Article 2, Section 1, states, "No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President." Some of the lawsuits question whether he was actually born in Hawaii, as he insists. If he was born out of the country, Obama's American mother, the suits contend, was too young at the time of his birth to confer American citizenship to her son under the law at the time. Other challenges have focused on Obama's citizenship through his father, a Kenyan subject to the jurisdiction of the United Kingdom at the time of his birth, thus making him a dual citizen. The cases contend the framers of the Constitution excluded dual citizens from qualifying as natural born. Complicating the situation is Obama's decision to spend sums estimated to be approaching $2 million to avoid releasing a state birth certificate that would put to rest the questions. Among the documentation not yet available for Obama includes his kindergarten records, Punahou school records, Occidental College records, Columbia University records, Columbia thesis, Harvard Law School records, Harvard Law Review articles, scholarly articles from the University of Chicago, passport, medical records, files from his years as an Illinois state senator, his Illinois State Bar Association records, any baptism records, and his adoption records. In the U.S. Justice Department's motion to dismiss, attorneys didn't address the concerns directly, but instead focused their efforts on technical procedures, suggesting the matter can't be decided in court and that the dozens of plaintiffs cannot demonstrate they have been injured by having Obama in the Oval Office. "It is clear, from the text of the Constitution, and the relevant statutory law implementing the Constitution's textual commitments, that challenges to the qualifications of a candidate for president can, in the first instance, be presented to the voting public before the election, and, once the election is over, can be raised as objections as the electoral votes are counted in the Congress," wrote Assistant U.S. Attorneys Roger West and David DeJute. "Therefore, challenges such as those purportedly raised in this case are committed, under the Constitution, to the electors, and to the Legislative branch." Obama's defenders also said they would file a motion seeking to block any discovery of evidence at this point. Kreep said said his addition to the case probably will mean additional arguments over the president's eligibility. Among the long list of plaintiffs are former am are former ambassador and presidential candidate Alan Keyes and longshot vice-presidential candidate Gail Lightfoot, both of whom ran in 2008. Justice officials say because neither had a mathematical chance at winning, they were not directly harmed by the election of Obama. But among the issues that appear to be looming is a claim that Obama's actual birth certificate from Kenya has emerged. Those Justice Department lawyers sure look like they're grasping at very thin straws. What's that the lawyers say? When you have the facts on your side, argue the facts. When you have the law on your side, argue the law. Looks like Obama's lawyers are afraid of the facts. Whatever is in -- or not in -- Obama's documentation must be something! He could end it all in the AM with a phone call. I wonder how he's sleeping?

Answer: Please tell me any other president who has had to go through this. I don't blame him--the FBI vetted him for security clearance when he got into the Senate--don't you think they would have figured this out? None of these hearings are "long anticipated." They are all nuisance suits and this will be as well. There ARE no other "citizenships to revoke." Get over it.

Question: Will the truth finally be revealed? A California judge today tentatively scheduled a trial for Jan. 26, 2010, for a case that challenges Barack Obama's eligibility to be president based on questions over his qualifications under the requirements of the U.S. Constitution. The judge did comment that if there are legitimate constitutional questions regarding Obama's eligibility, they need to be addressed and resolved. Carter ordered a hearing Oct. 5 on the motion to dismiss and ordered arguments submitted on the issue of discovery. If the case survives that challenge, a pretrial hearing has been scheduled for Jan. 11 and the trial for two weeks later. Will the truth finally be revealed, what do you think? The suit alleges Obama is actually a citizen of Indonesia and "possibly still citizen of Kenya, usurping the position of the president of the United States of America and the commander-in-chief."

Answer: It will end up like the Bloomberg suit against the Federal Reserve. They'll say it would damage the country and still refuse to reveal any info. The Fed was ordered to reveal what banks received loans and are appealing. Obama will keep appealing and stalling a whole eight years if he has to. Lawyers know how to do that kind of thing. A simple misdemeanor can take over three years to resolve. I could be wrong but that is my prediction.

Question: Several questions regarding a Motion to Compel? I have a few questions about filing a motion to compel. I am being sued and have attended the pretrial where the judge ordered discover with the deadlines for the plaintiff to respond of March 4 and 15th. I have yet to hear from the plaintiff or his attorney and was wondering how if I should file a motion to compel (he would not be able to use evidence important to his case if he did not provide them to me), if I should file how do I file (I live in Michigan), and finally, if I dont file a motion to compel (I requested receipts and such) would the plaintiff be able to use these items in his case if he failed to provide them to me during discovery? If he didnt respond to the discovery order and I didnt file a motion, would he be able to use his evidence? Sorry about all the questions, this is all new to me! Thanks everyone!

Answer: You need to file a motion to compel and here is the process.~ A motion to compel discovery responses is filed when a party who has propounded discovery to either the opposing party or a third party believes that the discovery responses are insufficient. The motion to compel is used to ask the court to order the non-complying party to produce the documentation or information requested, and/or to sanction the non-complying party for their failure to comply with the discovery requests. A motion to compel discover responses with exhibits may be filed by the party propounding the discovery if there is no response to the document requests, or if the discovery responses are not adequate and the filing party needs the documents marked as exhibits. The following is an example of a state law dealing with motion to compel discovery: Compel Discovery A party, upon reasonable notice to other parties and all persons affected thereby, may apply for an order compelling discovery as follows: (a) Appropriate court. An application for an order to a party may be made to the court in which the action is pending, or, on matters relating to a deposition, to the court of equivalent jurisdiction in the county where the deposition is being taken. (b) Motion. (i) If a deponent fails to answer a question propounded or submitted under Rule 30 or 31, or a corporation or other entity fails to make a designation under Rule 30.02(6) or 31.01(2), or a party fails to answer an interrogatory submitted under Rule 33, or if a party, in response to a request for inspection submitted under Rule 34, fails to respond that inspection will be permitted as requested or fails to permit inspection as requested, the discovering party may move for an order compelling an answer, or a designation, or an order compelling inspection in accordance with the request. When taking a deposition on oral examination, the proponent of the question may complete or adjourn the examination before he applies for an order. (ii) If the court denies the motion in whole or in part, it may make such protective order as it would have been empowered to make on a motion made pursuant to Rule 26.03. (c) Evasive or incomplete answer. For the purposes of this rule an evasive or incomplete answer is to be treated as a failure to answer. Rule 37.01

Question: Pre-trial diversion programs for first time offender with felony charge for retail theft in Chicago? I was charged with felony shoplifting in March at a departmental store in Chicago. I'm a first-time offender with absolutely no prior record (arrests, driving etc.). I have a master's degree and a very good job with an impeccable record. My attorney is confident that my charges will be reduced to Misdemeanor based on my clean record and background but not sure if it can be dismissed altogether. My case is in 'Discovery' phase currently. I want to explore any adult pretrial diversion programs that might be available so that I do not have to plead guilty and have my charges dismissed. Please help!

Answer: Yes, I have to do the same thing also. I just got my letter in the mail today; It's where I have to pay a fee of $200.00 to this program; The program for me is 3-6 months. If I don't pay the fine and do the program; I'll have to go to court and probably do jail time. This is my first offense as well; I have no records, arrest, or anything of that sort. I know it differs for every state, but the only thing I can tell you is do the program and be clean from everything. If you do the program; You'll be clean from all charges and be dropped from your felony charge. I still can't believe I stole $300.00 in theft of goods. Please let your attorney know this; So, she or he can help you!