Lawyer do’and dont’s

Nothing can be more profound and exhausting as going to court, whether you are defendant, or plaintiff…………. Its hell…… But having had a recent court case and along the way learned a couple of things that I didn’t know when we started, I feel a bit more educated about it now.

So here a couple of Do’s and Don’ts that if I were starting again, I would change…….

PLAINTIFF/DEFENDANT?

If your the plaintiff, the onus is on you to prove your case. In a civil case in most parts of the world you are required to prove past the threshold of 51%. This figure is a really nonsensical assessment because there are degrees (after 51%) that the judge will take into consideration.

#1: Don’t go to see a lawyer with a view to going to court unless you really mean to do it.

A bit of self help at the start is a really good thing after you have cooled down and can be a good starting point as to an outcome long before you step through that leaches door!

Firstly you have been wronged…. or have you? Be critical of yourself. Write down and number all the points for bringing a case (all the facts) and then write down all the points against, no matter how remote. If your for list does not exceed your against list significantly……… do not go to court.

The premise of this is that your opposing counsel will drag every single point that you ever made, and turn you into a money grabbing demon that would probably rape Mother Theresa if he takes his eyes off you!

#2: Don’t bring a frivolous case to a court.

The judge gets upset with you, and, seeing she has direct access to your wallet and can rape it if you look the wrong way at her….. make sure you have not only a good legal case, but a good moral one too.

Because you hate the other guy with a passion is no reason to bring a case, unless you have a very big fat check book. Make the case easy for the judge, and you will have rewards.

#3: Don’t tell your lawyer everything!

I had very honest lawyer, a good family man, does not beat the wife, goes to church, and does everything by the book!….and consequently will act on every single thing you tell him adhering strictly to the law. The problem here being… he is an exception rather than the rule…… the others do not play fair. Tell him what is relevant.

#4 Do you have a case?

Can you actually prove what you say. As a plaintiff, its up to you. If you have ‘He said, I said’ you will most likely lose. True you may be able to come up with 51% but that will only give you your costs  back (possibly) What do you have written down? do you have a contract? Do you have a witness to the contract? In short Now Prove It.

#5 What is a contract?

If you Google this you will find that a contract is simply a promise to do something get something or give something for another something. The promise can be in many forms, it does not have to be written.

See:

The elements of a contract are “offer” and “acceptance” by “competent persons” having legal capacity who exchange “consideration” to create “mutuality of obligation.”

Once you really get into this there are lots of conditions to what may or what may not be a contract, but we are not gonna get into absolutes of each case, the fundamentals are Offer and Acceptance, but when standing alone cannot form a contract. Remember a judge has to decide on what you can prove, and he has no way of making a decision on what you or the defendant thought you meant (in which case you lose)

So I have bought a car, I offered $1000 and the defendant accepted $1000 dollars. Is this a contract? no way! not to a judge anyway! For instance if you give him the keys, because he says he will bring the cash around, you are totally screwed, and he has your car, because you did not define when!

So now he pays up you have not had your money for 6 months, and lost all interest so you take him to court ….. and you will get NADA! Why ? because you did not say there is a penalty at the start!

#6 Do I need a lawyer to write the contract?

No you dont, unless its a complicated case, particularly involving several parties to both sides, in which case you need to be absolute about who is doing what! Just make sure you have. (But because you are thinking litigation, I guess you have already passed that point!)

Offer I have a thousand tons of sand…….. I will sell for X per ton
Acceptance: I will buy a thousand tons of sand…… at X per ton
Offer/Payment: You will pay today/ next week/ next year/ never.
Acceptance/Payment: I will pay today/ next week/ next year/ never.
Offer/When: I will deliver on this date.
Acceptance/when: I will receive on this date.

Conditions: if you do or if I don’t

Lawyers are instinctively leaches, its born and bred into them, (in fact we should really have a legal cull of lawyers twice every year). They write laws for which they are paid a great deal of money, and then even more money to decipher those same laws….. you need to employ them them to clarify what they meant, or do you?

#7 Now consult a lawyer.

You need do nothing more than send a demand for payment, and, give a time you will take action if you do not get satisfaction. All the other stuff a lawyer wants to discuss do not even bother!

Handling Clients

Just make sure your demand is for the exact sum you can prove, and are claiming……EXACTLY! Your in and out in about 15 mins…….. You can actually do this bit yourself, but some people take this as being more serious when it comes from a leach!

#8 Start proceedings:

OK you have done your list…. keep it and update as you get evidence together. Every single email, every scrap of paper, every diary, every phone log, every conversation you can remember with dates, times, and places. Then copy the lot and file. Originals 1, and two copies of copies. One for him, and one for you. Do not miss out anything! It is really hard to add in later because you forgot!

Do your calculations and make sure they add up, then do them again, then give to someone to calculate. Itemize every calculation, dates times and places. Then give it to someone who you trust and would give you an honest feedback. NOT YOUR LAWYER…. I said honest feedback.

Do your list again. If you have a case, chances are it has grown to more positives. if it has grown to more negatives…… re-examine your position.

Filing your claim:

Write down all the facts, everything thats relevant, in particular, the absolutes, log them and give to lawyer for putting into gobbledygook nonsense language for other lawyers who speak gobbledygook nonsense language. Put all your evidence (copies) with this summary and get your lawyer to file…… you are still not interested in talking about the case……… why? because it does not really matter…. yet!

The issue has not come to the trial yet, and as long as you have included the important details of the transaction , and what you are claiming, there is little need to put any more down…. wait for them to respond!

Proving the facts dont really matter yet as you and the other guy know what you meant, so its negotiation stage to lawyers, (they dont expect it to go to court) only…. try to resolve it, with a different aspect by looking through your lawyers eyes.

Look at courts as a examination, and one you want to pass, which you can only do if your honest to yourself in your claim, and can actually prove that claim.

The Traitors Within

Seeing it will take all the house, where of course the republicans hold the majority of senate seats and that of President, to sit and decide who will be house speaker, Paul Ryan speaks of getting behind the new President Elect and supporting him as we go forward.

He says ““We need to seize this moment, and come together like never before,” the Wisconsin Republican wrote in a letter to the House GOP. “We cannot be timid about this: the country has voted for change, and we must deliver.” (here)

Its interesting to note that Ryan like all the Liberals, the democrats, the gay rights, the Black Lives Matter, Lesbians, Commentators, The President, the Pollsters and just about everyone in CNN did not see that the country wanted change….. but TRUMP did!

Its also interesting to note that while all, including the whole of the party Trump was representing, blatantly refused to support him in his efforts.

From Congressmen, to leading party officials he was dismissed as a flash in the pan that could not possibly gain enough votes to succeed to the presidency.

Now, as Trump honors those that did risk all of their careers to support him, the likes of Ryan thinks he is going to be able to persuade the party he is the right man for the job of speaker for a second year.

He thinks that appealing to the rank and file is going to somehow propel him to the status he believes he deserves, yet, what Ryan simply does not understand is that it will not be possible for any to go against Trump, should he decide to change for a man with more backbone.

If Trump can change the minds of so many voters, who have given up on the status quo politicians, turning all peoples into a formidable force to counter those that were backstabbing, when they should have been supportive, it will be a mere walk in the park to send Ryan to oblivion.

Trump for good or Bad?

Being an avid ready of alternative groups ( working on the theory that the mainstream media lies to us all the time) like “The Conservative Treehouse” who predicted back in March the rise and subsequent election of Trump by a strong margin, I put a bet on that he would win. Its nice to beat the bookies.

I wonder what would have happened if I turned up to get my winnings and the bookie says I get nothing! He says that although I picked the right person he is not going to pay because he is changing the rules…….? So now I lose because he has changed the rules. Crazy eh? What would YOU do?

This week has seen demonstrators out for their fourth night on the streets. There were protests in New York, Los Angeles, Miami, Salt Lake City, Las Vegas, Kansas City, Chicago and Washington DC and violence in Portland.

Most of the protestors seem to be young college students with BLM and Gays rights being thrown in for good measure. These young people are backed up by those in the news that were swearing they would leave the USA for good if Trump were voted in, and those same actresses, actors, comedians, are now subject to a poll on RT  as to whether they should be FORCED to leave as they were so outspoken.

It is sad that people in the news would interfere in the voting process at all. To state how they would vote I see as being legitimate, to actively try to persuade by using your popularity seems to be bad form.

To not carry out your threat to leave seems worse still. The least that Robert, Barbara and the like could do is carry out their threat, but instead dismiss it as a joke.

Its only a joke when people laugh, and riots are no laughing matter!

 

We all need a Hero!

Last night I watched ‘Jack the Giant Slayer’ an enjoyable movie that bares all the hall marks of a successful film.

A guy from humble beginnings without education or a future, trades a horse for some beans. Getting chastised by his guardian for being a fool, but catching the eye of the beautiful Princess, whom he later eventually wins on the basis of his prowess in battle with an ability to eventually beat the giants.

This a new take on an old theme of Jack and the beanstalk, replacing the old theme with a slightly different story line, together with some excellent animations.

But this particular story is adapted from much older stories, who I have no doubt were all adapted from one single author only to be converted into many languages using their local heroes and heroines.

In most languages (and religions) the Messiah was to be a saviour or liberator of people, and generally the saviour of those the author was part of, with the notion living on because of the connection to his own people.

Most races have this saviour carefully adapted to reflect their local conditions, and the names of course being promoted to cement the local guy into history.

Jesus was said to be the messiah, coming from humble beginnings to rid the world of evil and to eventually point the direction humanity must go, even to the extent that he would be sacrificed as a good hero might. Although paying the supreme sacrifice he will return in time to save us by defeating the antichrist or false Messiah.

The Qur’an states that Isa, the Son of Mariam (Arabic: Isa ibn Maryam), is the Messiah and Prophet sent to the Children of Israel.[Quran 3:45] Muslims believe Isa is alive in Heaven and will return to Earth to defeat the Masih ad-Dajjal (false Messiah),[6] a figure similar to the Antichrist in Christianity, who will emerge shortly before him before Yawm al-Qiyāmah (“the Day of Resurrection”).

How about Spartacus as a hero of humble beginnings that defeated his masters to become a great leader. True he died, but sometimes even the hero is required for the supreme sacrifice.

Moses was another of humble birth being delivered in a basket of reeds to his adopted mother to save him from a purge of infant children, eventually finding him to be the leader of men and saving a race.

In historical biblical times the hero was never averse to killing, murdering many people as long as it was in the name of justice.

A sort of olden day Arnie (Terminator) or perhaps Charles ( Death Wish). You might also pick Mel (Mad Max)

There is no shortage of heroes. In the UK we have Robin Hood, who faced with the bad sheriff defending the right of the poor against impossible odds. The popularity of Mel (again) as the Scottish landowners son (William Wallace) who after his humble beginnings once again rises to be the leader or messiah.

One thing is for sure……. we  all need a Hero!

Out with the Old……..

Party hats and bells and whistles.

Last night of the year, and what do I do?…….celebrate in style……ending up in, of all places, a Karaoke bar….LOL. I listened to bad singers, and others making a statement, as we sort of welcomed in the new while saying good bye to the old.

I missed absent family, and friends, babies and adults, and reminisce of those good times that have been had, smiling to myself that I have, in my life had many more good times than bad.

I got to thinking that worldly stuff of all the trials and tribulations that seem to be never ending in the world.

Wars that drag on, and the hands of friendship offered on an international scale that have all the hallmarks of actually achieving some peace instead of creating a war.

Deciding that all Leaders time after time make the same mistakes as their predecessor, because of all things, you cant put an old experienced head on new shoulders, so the inevitable mistakes occur, over and over again.

So where are we on the humanitarian scale this year?

For me these hands of friendship reaching out internationally, and the small step back from nuclear proliferation, awareness of a potential global warming (even though there is great debate of its evidence) the celebrations of people with a conscience, marred by the parting of some of those notables that made a difference, makes me optimistic for the future.

So whatever your take on the past year, whatever you have been doing, we can all look to clearing the slate and take the 1st of January 2014 as an opportunity to change to refocus our goals. If you did not make it last year……….. make it this 2014.

So your a little porky? Try a diet…..

My mother used to call it healthy, and friends would call it pleasantly plump. Today in a world of perfectly honed bodies of both mail and female Adonis, just where is the average person?

From South Beach, Atkins, Cambridge, you name it and its out there….. carb counting, veggie, lean, there is a minefield of options and almost as many warning labels on each one. So how can you loose weight and more importantly, keep it off?

Well, perhaps a better question may be, do you want to loose weight? Are you happy or not so happy with the way you look, feel, and getting about? Some are content being a little heavier. On the other hand, if you have huge rolls of blubber that takes on a life of its own, indicating the onset of an earthquake by the amplified vibrations through the skin long before it arrives, you may want to consider losing a pound or two.

We all know your friend, the one that can eat absolutely ‘anything’ never seen a gym, and you think has a perfect figure, eats everything and anything in sight never puts on a pound. Healthy right?…….. wrong…

Imagine you have two cars……. One that has excess power to spend all the time (you) and the other that is always running at max output (your friend). Same design same engine.

If that friend were living on the same calories as you, then that friend must have an inefficient body. You are storing the excess energy but the friend finds it adequate. Put it another way. If you (and your friend) lived on the calories your body requires your friend would feel hungry.

So I am gonna suggest something that has worked for me, not a scientific study you understand, just a personal observation. I am not a doctor, or a nutritionist, but I know what I need to live on.

The main thing here is that you still eat all the foods you like, just moderate them a little. That way you do not have to have a radical change in eating habits.

Start by taking a little time to find out about your habits. Write down every single thing that passes your lips for 4 weeks. Well maybe not everything that passes, lets change that to everything you digest.

I want a diet today you say? well you have been a fatty for a while, what the heck difference is 4 weeks gonna make?

There is the first reason a lot of people have trouble with diets “I want it NOW” This is probably the only bit of your life that needs rethinking. It is after all the reason you are reading this. I want it now…… turned into I am gonna eat it now, turned into, I wish I hadn’t.

So four weeks it is…..every single morsel you digest….every one.

My theory is if I put on 10lbs in a year, it stands to reason I could lose 10 lbs in a year. In this last year I have lost 34lbs or a little over a half pound a week. Not a lot if you want quick results, but taking it off at about the same rate you put it on would not be a shock to the system.

Things I like fall into many categories, and most are bad. I like ice cream, soft drinks (with my rum) bread, butter etc… I am not a healthy eater. Chocolate cannot stay within arms length for more than a minute. Custard creams I have had a passion for a long time, since I was a kid I think.

So what do we do? Well for starters take the first three items that have the highest calories on your list and make them a one a week item and rotate over a three week cycle.

Second take the next three items and dilute them down by 50%. For instance in my rum and coke, I used to have rum, top up with coke, now I add three cubes of ice first, effectively watering in down by 50%…….. so that two drinks from each can instead of one…….

Fried egg sandwiches are another favorite of mine……… butter and bread…. mmmmm so how do we water it down??? well now I only butter one slice, and instead of frying the eggs, I boil them and when in the sandwich you would never really be able to taste the difference as all the things you have been used to are still there.

Ice cream is another bad thing that I love……. but if instead of having a bowl of it, simply give yourself a spoonful after a meal (two at most) when you feel like it………

Custard Creams are a value of 55 cals per biscuit and I could eat the whole pack at one sitting, yes I know I am a pig……… instead just one with a cup of coffee, and I sit there looking at it for 5 mins first (yes sad isn’t it?)

So its a case of taking nothing out at all, just moderating all the bad stuff, but keep on having it…….. Well it worked for me!

And for those that need numbers look at it this way……..

1)    One pound equals 454 grams (decimal places aside, this is a fact);

2)    Fat has nine calories per gram (this is the universally accepted conversion, but it is an estimate and significantly rounded down from even the original estimate);

3)    Human fat tissue is approximately 87% lipid (this is a widely accepted conversion, but it is also an estimate).

Putting these together, we can derive the sum that 454 grams of body fat tissue has approximately the calorific energy of 395 grams of pure fat (454 grams x 87%), that is 3,555 calories (395 grams x 9).

So it follows that if you have 250 grams more than your body needs each day you will have 1lb extra at the end of two weeks…… or 25lbs at the end of one year.

So lets take a case in point………I was 199 lbs (what I weigh today) about 10 years ago. about two years ago I was about 239 so we had about 40lb in 8 years….or 40lb divided by 8 = 5lb per year X 3500 = 17500 cals per year divide this by 365 days and you get 48 cals per meal on average…… that’s all…… just 48 cals…….

So I wanted to take off a little faster ( 2 years ) which is four times less so 48 X 4 = 192 per ,meal.

But when numbers become more important to you than craving it is of some use……… feed the habit…. moderately……

 

Seriously, Don’t Use Krokodil

Seriously, Don’t Use Krokodil

These photos will turn your stomach. Krokodil is a street version of desomorphine, an opiate that’s 3 times more powerful and 10 times cheaper than heroin, and has become an epidemic in Russia. It’s so named because regular users develop gangrenous, scaly skin resembling that of a crocodile. Krokodil is made with such toxic chemicals that it rots the flesh and bones of its users. WARNING: Extremely graphic images.

 

Meghan Ralston

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It’s easy to focus on the sensational aspects of the emerging krokodil “flesh-rotting drug” story, but that ignores the most troubling issues around its origins, its popularity and its continued use. Krokodil is the street term for a home-made injectable opioid called desomorphine, a drug with effects similar to, but not as long lasting, as heroin. Desomorphine was first patented in the U.S. in 1932, but the homemade version has risen in popularity in Russia in recent years. Desperation often breeds tragedy and disaster, and Russia’s shoddy methods of treating their sick and addicted created the desperation that led to the disastrous popularity of krokodil.

CONTINUE HERE

SEE More info here

Another Fairy Story

“The Godmother told Cinderella  to enjoy the ball, but warned that she had to return before midnight, when the spells would be broken. The bell struck 12 and poor Cinderella ran from the ball, her evening gown changed to rags, and nothing but one slipper remained.”

Well the bell has rung, the ball has ended, and today we are stuck with the two ugly sisters that cannot agree. The government shutdown has begun at a couple of minutes to twelve, when authority for government spending ran out.

There has to be an alternative way to run government business. The last time a government shutdown occurred was in 1995. That shutdown cost much more than the total sums involved.

One ugly sister insists any new spending include provisions to either defund, derail or otherwise chip away at Obamacare. The other ugly sister is just as insistent that it doesn’t.

Just whom suffers in this situation? well not the President, as, his salary is deemed essential. Not the House or senate members who are responsible for the event, as they too will be paid! The person who suffers is the people, who have had no voice in the issue and are least likely to be able to afford the loss.

Prosecutors will not be in, if you want a passport you will not get it, or perhaps you have been planning that visit to a national park, its likely you will find that gate securely bolted.

No doubt tomorrow the 1st October when the house returns at 9.30 am there will be a flurry of activity to see if the rags that Cinderella wears can be salvaged, and even with this effort, the last shutdown fresh in the minds of many, which lasted five weeks.

This shutdown has happened because alternative agendas prevail, and the house are the last people on the planet that may be bothered by it effects.

The eventual result actually matters little, as, on the 17th October (another issue, remotely connected but equally as controversial), is the more important (and in more ways than one, the actual nucleus and primary target) of increasing the national debt of $16.699 trillion, which the government has maxed out.

Today is the start of a very rough month for both ugly sisters who cannot agree, and consistently blame each other for the calamity that now befalls them.

Our Prince charming Obama it would seem, has had more luck these past weeks with wooing sworn enemies such as  Syria and Iran than he been able drum up in the senate.

“The Prince pocketed the slipper and vows to find and marry the girl to whom it belonged.”

Which is infinitely easier with that elusive glass slipper, than it is with the representatives of the United States of America!

Boy With Down Syndrome, Melts Our Hearts

This is a dog called Himalaya. She’s refusing to give up on a toddler who doesn’t want to play.

Little Hernán, from Buenos Aires, has Down Syndrome, which, according to comments posted by his mom Ana, causes him to shy away from physical contact.

But Himalaya is persistent and gentle, and Hernán ends up giving her what looks like a hug around the 3:12 mark.

We’ve been watching it on repeat.