ROL_2021-04-16_16k_Hr3-4.timecode

[00:00.000 --> 00:06.800]  The following news flash is brought to you by The Lone Star Lowdown.
[00:06.800 --> 00:13.200]  Markets for Monday the 22nd of July 2019 open with precious metals, gold at $1,429 an ounce,
[00:13.200 --> 00:21.440]  silver $16.45 an ounce, copper $2.75 an ounce, oil, Texas crude $55.63 a barrel, brand crude
[00:21.440 --> 00:29.840]  $62.47 a barrel, and cryptos in order of market cap, bitcoin, core $10,566.52, ethereum $200.00
[00:29.840 --> 00:41.440]  $227.26, XRP Ripple $0.33, litecoin $100.31, and bitcoin cash is at $324.10 a crypto coin.
[00:45.920 --> 00:52.400]  Today in history the year 1916 the preparedness day bombing a time suitcase bomb was detonated
[00:52.400 --> 00:58.080]  on Market Street in San Francisco during the World War I preparedness day parade killing 10
[00:58.080 --> 01:07.440]  and injuring 40 today in history and recent news since Governor Greg Abbott signed House Bill
[01:07.440 --> 01:13.120]  1325 legalizing hemp into taxes law back in June county prosecutors around the state including
[01:13.120 --> 01:17.760]  Houston, Austin and San Antonio have been dropping marijuana possession charges and even refusing
[01:17.760 --> 01:22.320]  to file new ones since they are stipulating that they do not have the time or the laboratory
[01:22.320 --> 01:27.520]  equipment to test the herb for THC. Margaret Moore the Travis County District Attorney announced
[01:27.520 --> 01:32.480]  earlier this month that she was dismissing 32 felony possession and delivery of marijuana cases
[01:32.480 --> 01:37.040]  because of the law. Mr. Abbott and other state officials including the Attorney General stipulated
[01:37.040 --> 01:42.080]  in a letter to county district attorneys back on Thursday that marijuana has not been decriminalized
[01:42.080 --> 01:48.320]  in Texas and that these actions demonstrate a misunderstanding of how HB 1325 works as well
[01:48.320 --> 01:54.960]  as other cities too like the district attorney in El Paso, Cayma Esparza a Democrat who also
[01:54.960 --> 01:59.760]  stated earlier this month that the law quote will not have an effect on the prosecution of
[01:59.760 --> 02:05.120]  marijuana cases in El Paso. However the issue was succinctly summarized by Mr. Brandon Ball
[02:05.120 --> 02:10.240]  an assistant public defender in Harris County who stated that quote the law is constantly changing
[02:10.240 --> 02:14.720]  on what makes something illegal based on its chemical makeup it's important that if someone is
[02:14.720 --> 02:24.160]  charged with something the test matches what they're charged with. A paper by Tulane University
[02:24.160 --> 02:28.880]  identified a five and a half inch American pocket shark as the first of its kind in the
[02:28.880 --> 02:34.720]  Gulf of Mexico the specimen being only the second pocket shark ever captured or recorded
[02:34.720 --> 02:39.680]  with the other one being found way back in 1979 in the East Pacific Ocean. According to the
[02:39.680 --> 02:45.840]  university paper the shark secretes a luminous fluid from a gland near its front fins for the
[02:45.840 --> 02:54.720]  purposes hypothesized to lure and prey who may be drawn into the glow. This is Rook Rody with your
[02:54.720 --> 03:16.560]  lowdown for July 22nd 2019.
[03:16.560 --> 03:39.760]  Okay, howdy howdy, Randy Kelton, Brett Fountain, we with Law Radio on this the 16th day of April
[03:39.760 --> 03:49.920]  2021 our four-hour info marathon and we're talking to Tina in California. Tim it's not as difficult
[03:49.920 --> 03:59.200]  as you think as as it appears it just takes a little research and just calling your legislators
[03:59.200 --> 04:05.760]  and talking to them they don't really know what's going on down there in the trenches
[04:05.760 --> 04:13.840]  just like these CEOs and high-level officials they don't really know what's going on on the bottom
[04:14.720 --> 04:20.480]  the guys at the bottom they screw up they're not going to contact the boss and say hey boss
[04:20.480 --> 04:26.320]  I really screwed up you need to dock my wages or something now they're going to do everything
[04:26.320 --> 04:33.680]  they can to hide all this information and CEOs like to hear from ordinary people
[04:33.680 --> 04:42.160]  it gives them information to work with your legislators like to hear from their constituents
[04:43.520 --> 04:49.520]  all their advisors and all of the people with special interests are telling the the
[04:49.520 --> 04:57.760]  legislator what these guys want the legislator to hear the legislature legislator wants to know
[04:57.760 --> 05:06.880]  what his constituents are thinking what they want what they want him to do but so few people call
[05:06.880 --> 05:14.320]  them that it's hard for them to know so when someone does they'll pay attention Ken Magnuson
[05:14.320 --> 05:24.000]  is my civil go-to guy and he is very good at lobbying and he has zero trouble getting meetings
[05:24.000 --> 05:33.920]  with his legislators when he comes to them with an issue and tells him that it's an issue that needs
[05:33.920 --> 05:40.640]  that's causing a problem and it needs fixing the legislator is sitting there looking for
[05:40.640 --> 05:48.800]  something he can do yeah he goes to these hearings and he votes but he's just passive
[05:48.800 --> 05:56.080]  his voters aren't hearing his name there's no there are no stories about him he needs
[05:56.080 --> 06:03.840]  something that he can promote to make him look good it is can it demonstrate to his voters
[06:03.840 --> 06:13.120]  that you need to vote for me so you and I we have more potential power than we realize
[06:13.120 --> 06:20.320]  us start calling your legislators it won't be long until they will recognize who you are
[06:21.920 --> 06:29.040]  especially you Tina with that strange foreign accent that you have I know and I can be very
[06:29.040 --> 06:37.680]  childish when I need to be yes yes you can but but there's something it's really satisfying
[06:37.680 --> 06:45.680]  to be able to give your legislator something that he can do and I have that experience I go to a
[06:45.680 --> 06:53.680]  legislator and he knows exactly who I am and they're glad to see you you can you can be of great
[06:53.680 --> 07:02.160]  influence now I'm going to stop preaching that's the gospel according to Randy thank you for this
[07:02.160 --> 07:08.720]  and I will try and regarding my case I think we can if you have room at the end of the show
[07:08.720 --> 07:15.520]  I'll call back in otherwise I'll contact with you privately for my next step because I know you have
[07:15.520 --> 07:21.680]  an order full of calls and so I will let you go to some of those people because I really enjoy
[07:21.680 --> 07:29.360]  listening to everyone's issues because it's teaching me other things okay I was going to say
[07:29.360 --> 07:36.240]  I'm glad you weren't churlish but you need to come up with a new term we can use I got that one down
[07:38.000 --> 07:45.200]  everybody listening knows it that Tina speaks of this strange foreign accent she is obviously
[07:45.200 --> 07:54.080]  not from Texas and not anybody anybody not from Texas is a foreigner okay so I did live in
[07:54.080 --> 08:03.360]  Amarillo Texas the six months I did so you're only a I've been in Texas for 40 years and they
[08:03.360 --> 08:11.280]  can still consider me a Yankee I used to have the police the police guys over for dinner at our
[08:11.280 --> 08:19.840]  house because they loved my cooking but Tina's interesting she's been everywhere I was coming
[08:19.840 --> 08:26.880]  back from Tennessee and she called me and I told her while I'm traveling I'm in just approaching
[08:26.880 --> 08:35.360]  Little Rock Arkansas tell them what you told me I said well I used to live in Fairville
[08:35.360 --> 08:44.560]  Arkansas and I ran the 10k in Little Rock Arkansas back and I think it was 1990 and I won it in
[08:44.560 --> 08:52.240]  it's just like 35 35 minutes or 34 minutes and 50 seconds so that was my experience with Little
[08:52.240 --> 08:58.720]  Rock I met some great people there it was very hilly course too but yes I did live in Fairville
[08:58.720 --> 09:07.520]  Arkansas for three years Tina's one of those interesting people tell them about your running
[09:07.520 --> 09:14.800]  career in the Royal Air Force the Royal Army was it Air Force Army what were you in in England
[09:14.800 --> 09:24.000]  in the Royal Air Force for eight years going back in the 70s and 80s and I was a Royal Air Force
[09:24.000 --> 09:31.840]  champion interservice champion which means you're the champion of the Army Air Force and Navy when
[09:31.840 --> 09:42.000]  they have those championships and my most interesting experience with that was I used to run with the
[09:42.000 --> 09:48.240]  men's cross country team on a Wednesday afternoon because we had this sports afternoon everyone did
[09:48.240 --> 09:54.400]  sports and we used to run these six mile cross country and it was training for my own running
[09:54.400 --> 10:00.080]  career and the guys were pretty good most of the time you know they would there was no other
[10:00.080 --> 10:04.880]  women there so sometimes my sister joined me just for fun and we'd talk around the whole course
[10:05.520 --> 10:10.160]  but they would always very good was let us in the shower first you know I will thank God for you
[10:10.160 --> 10:20.640]  Tina and I ended up being on the men's team for my RAF watering at the Royal Air Force cross
[10:20.640 --> 10:26.080]  country championship and it was the guys championship and I'm standing on the line with them I'm dressed
[10:26.080 --> 10:34.320]  you know ready to go and Wing Commander Dan Davis he was about five foot four or five foot five maybe
[10:34.320 --> 10:42.720]  and he came and stood in front of me and he said Cole Brook you are not running and I said well I'm
[10:42.720 --> 10:50.160]  on the men's team sir and he said I'm ordering you not to run you cannot run and I'm running
[10:50.160 --> 10:56.720]  corporal so I'm you know and nobody really to a wing commander and I said he said I'm not sending
[10:56.720 --> 11:01.920]  people out to pick you up halfway around the course they said with all your respect book sir
[11:01.920 --> 11:08.560]  you'll be picking men up before you pick me up and he said I'm ordering you not to run I said I'm in
[11:08.560 --> 11:18.560]  the top third of my team every week you are not running get off the course and so I had to get
[11:18.560 --> 11:23.040]  off the course my teammates were a little upset he said if you want to run cross country you
[11:23.840 --> 11:31.520]  you know arrange a women's one and so I did they would only let us run three miles instead of six
[11:32.320 --> 11:37.440]  and I organized and ran the first one and I won it and it's still going today but they're still
[11:37.440 --> 11:45.360]  only allowed to run three miles but I never forgotten Wing Commander Dan Davis and is it true
[11:45.360 --> 11:54.960]  you were raised on a pig farm yeah my dad kept 350 pigs at one point he had many he worked on the
[11:54.960 --> 12:02.080]  rocket site he was in the Royal Navy he was on the King George the fifth during the war and he
[12:02.080 --> 12:11.360]  was the Central Asian engineer then a pig farmer and okay and when I was born on my birth certificate
[12:11.360 --> 12:16.880]  he was a prefeller which is a lumberjack to you guys but on my first sentence this prefeller
[12:18.480 --> 12:26.000]  so I'm always intrigued with the depth I find in human beings
[12:28.080 --> 12:36.240]  and especially like people who have had an interesting life and you have had an interesting
[12:36.240 --> 12:45.040]  life and I am honored that you come on our show I love it it's uh you know I came to America at
[12:45.040 --> 12:50.720]  the age of 30 on a track scholarship competing with 18 year olds and I sold everything I owned in
[12:50.720 --> 12:55.280]  England and just flew out here and everyone thought I was crazy and they said what if it doesn't
[12:55.280 --> 12:59.920]  work I said what if it does or what if you don't like it I said what if I do I don't want to get
[12:59.920 --> 13:05.840]  to the end of my life and say I wish I had um you know and what if and I said if I don't like it I
[13:05.840 --> 13:17.600]  can come back and here I am 34 years later still here a great life lesson thank you Tina I am honored
[13:17.600 --> 13:25.680]  that you come on our show and bring the value that you do well I'm honored to be learning from
[13:25.680 --> 13:31.280]  people who are far more learned than me and I wish I'd known this you know 12 years ago
[13:31.280 --> 13:39.920]  but it's never too late to learn so thank you both of you okay okay thank you Tina and if we
[13:39.920 --> 13:47.760]  have time at the end call us back okay we'll do bye okay thank you Tina now we're gonna go to Chris
[13:47.760 --> 13:55.280]  in Colorado hello Chris we missed you last night you were on for quite a while but we had a stack
[13:55.280 --> 14:02.080]  of callers what do you have for us today I just have another quick one um just getting this all
[14:02.080 --> 14:08.880]  together so when I do my my lawsuits um and I obviously want to do an amended one do I have
[14:08.880 --> 14:14.240]  to get all my claims in initially or for the statute of limitations or can I add them under
[14:14.240 --> 14:21.360]  an amended one later you can add them amended later if you're running close to statute of
[14:21.360 --> 14:30.800]  limitations get something in anything right just so long as you beat it best if you have
[14:31.760 --> 14:37.280]  any claims that have statute of limitations you need to get them in but they don't have to be
[14:37.280 --> 14:45.680]  fleshed out you just have to make the claim that you can do a bare minimum claim accusation
[14:45.680 --> 14:52.000]  and they can oh blah blah blah that's not sufficient by you that is not good enough they can't make
[14:52.000 --> 14:58.160]  that claim and you can say oh my goodness I didn't put in as much as I need then you can amend it
[14:59.440 --> 15:06.160]  but get it in in time yeah I will do that I've just been reading starting to read lawsuits
[15:06.160 --> 15:11.040]  I finally finding them um and I talked to an interesting guy up in Detroit today and he's
[15:11.040 --> 15:19.920]  got his own towing lawsuit and I'm reading over his and he brought up uh some um issues of constitutional
[15:19.920 --> 15:25.600]  law around towing regulation and then a couple other things so I want to read over that and
[15:25.600 --> 15:30.800]  understand that and tweak that later on but I don't think I'm going to be up to par by the
[15:30.800 --> 15:35.440]  end of the week to get it on the lawsuit so I'm just going to do the claims and add that later
[15:35.440 --> 15:43.040]  yeah don't worry about it just make sure you get in the court in time okay if you want to address
[15:43.040 --> 15:50.960]  this issue that this guy's bringing and you don't have all your homework done just make a you address
[15:50.960 --> 16:00.640]  it and if it's insufficient who cares you brought it before the court within the time limit you
[16:00.640 --> 16:10.320]  could always amend your pleadings later to flesh them out okay essentially that time limit is you
[16:10.320 --> 16:17.440]  need to notice the other side that you're going to bring this issue you don't have to have all
[16:17.440 --> 16:23.920]  the details of the issue they have to get notice within the time limit so just put something in
[16:23.920 --> 16:30.320]  there okay so let me be clear so if I have several claims such as theft the main one is going to be
[16:30.320 --> 16:37.280]  consumer fraud and then you know other things um I have to get those in or I can just get a main
[16:37.280 --> 16:43.440]  one in like my suit and consumer fraud and add all the rest of them later okay that's hard to say
[16:43.440 --> 16:49.440]  it would kind of depend on what the nature of the claims are so it's hard to address that just by a
[16:49.440 --> 16:56.560]  blanket statement hang on okay go into our sponsors Randy Kelton Brett Fountain move our radio we'll
[16:56.560 --> 17:04.480]  be right back are you being harassed by debt collectors with phone calls letters or even losses
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[17:38.400 --> 17:43.600]  personal consultation is available as well for more information please visit rule of law radio
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[17:50.080 --> 17:59.200]  law radio dot com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com to learn how to stop debt collectors
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[18:57.120 --> 19:09.440]  all want and deserve
[19:12.560 --> 19:16.640]  well don't let nothing get to you one of the father can't do it but you
[19:16.640 --> 19:29.440]  don't let my people
[19:32.960 --> 19:37.280]  okay we are back brandy kelton brett fountain rule of law radio and we're talking to christ
[19:37.280 --> 19:45.440]  in colorado yes christ if you have claims you do not have to completely adjudicate those claims
[19:45.440 --> 19:53.520]  in the initial filing you just have to touch them and give notice to the other side you're
[19:53.520 --> 19:59.360]  bringing this claim that will get you past statute limitations i i think i you've probably heard me
[19:59.360 --> 20:06.080]  talk about the first foreclosure case i did where a fellow broadcaster came to me he had a
[20:06.880 --> 20:12.880]  eviction hearing in two days and you need a lawsuit well i'm still doing my research i don't
[20:12.880 --> 20:16.640]  i'm not ready to write a lawsuit you said i don't have time for you to do research give me
[20:16.640 --> 20:22.000]  something it's only on the internet pulled out a bunch of garbage stuck it together in a suit
[20:22.000 --> 20:29.200]  he filed it the went to the jp and the jp said there's a claim against the title i don't have
[20:29.200 --> 20:34.640]  jurisdiction get out of my court the lawyer on the other side filed an answer and said you're
[20:34.640 --> 20:43.360]  on or this suits a piece of crap and that took 30 days the judge took 90 days to respond to that
[20:43.360 --> 20:50.320]  and say yeah you're right the suit is a piece of crap fix it so file another one the lawyer came
[20:50.320 --> 20:56.240]  back this one's a piece of crap and the judge said yeah it is fix it again third one stuck
[20:56.240 --> 21:06.480]  seven years later he's still in court with these guys okay point point is you don't have to have
[21:06.480 --> 21:14.320]  all the details do not miss a filing date because you don't think your document is ready for prime
[21:14.320 --> 21:21.440]  time no i file it yeah just pin it in there yeah i'll be i'll be fine i'm just finding a
[21:21.440 --> 21:26.640]  lot of nice juicy stuff to add so i'm just curious and then um serving them like real quick
[21:27.280 --> 21:31.520]  that'll be an issue with tow company probably not the insurance company they'll probably take
[21:31.520 --> 21:36.960]  service but i need to serve them right after or at least send them an email with the lawsuit right
[21:36.960 --> 21:43.840]  right after i file it you might call the towing company tell them ask them to come out and tow
[21:43.840 --> 21:54.480]  a car when they get there oh yeah a car left here you're served that's a good point well
[21:56.480 --> 22:01.680]  but main thing as long as you get something in before the deadline you've cleared the deadline
[22:02.640 --> 22:08.720]  okay all right thank you my friend talk to you guys another night i appreciate your help
[22:08.720 --> 22:18.320]  okay keep us up to date on how this goes i sure will thank you again okay we are going to steve in
[22:19.520 --> 22:27.200]  montana hello steve mazuri mazuri is that mazuri or montana
[22:29.040 --> 22:36.000]  yeah in mazuri oh okay i was thinking of the we had a guy in montana that called us for a long
[22:36.000 --> 22:40.720]  time and i was going to say i hadn't heard from you for a long time okay steve in mazuri
[22:42.320 --> 22:47.680]  yes you're in our database so obviously you've called in before but it must have been a while
[22:47.680 --> 22:53.600]  i don't remember you yes i'm still doing a lot of thinking and it takes a long time for that to
[22:53.600 --> 22:59.440]  work properly okay okay i thought maybe you were just someone easy to forget
[22:59.440 --> 23:10.880]  that too that too okay okay what do you have for us okay it's question now on to tie our license
[23:10.880 --> 23:17.760]  a vehicle the state of mazuri it says that you have to show personal property taxes paid
[23:19.120 --> 23:26.720]  the on the statues it states uh i don't have the paper in front of me which i didn't realize
[23:26.720 --> 23:32.960]  you were going to be on for like i was going to be able to get in but it stated that shall be
[23:32.960 --> 23:45.040]  or excuse me um the title shall have and then under it it said note company or business name on it
[23:48.960 --> 23:52.000]  that's what it says it's pretty well it's pretty simple
[23:52.000 --> 23:58.720]  wait a minute i'm not understanding something this is a vehicle title
[24:00.000 --> 24:07.040]  okay okay when you register like or excuse me license a motor vehicle
[24:08.800 --> 24:16.400]  it on the stat in the statues it says you have to show your personal property taxes being paid
[24:16.400 --> 24:22.880]  under that heading with uh i wish i had seen in front of me but it says uh
[24:25.760 --> 24:37.120]  overdo it it said personal property taxes paid shall have under it it says note company name
[24:37.120 --> 24:43.120]  or business name on the title and they've just dead in just like that
[24:43.120 --> 24:50.160]  that interesting yes this is not something i've run across before
[24:51.440 --> 24:54.880]  yes well i've been across several things which i was going to bring up here
[24:55.680 --> 25:01.920]  mine's plain simple so none of the ladies okay hold on let's not pass this yet in case
[25:01.920 --> 25:07.760]  you were forgetting don't get back to it i think this is pretty important because it
[25:07.760 --> 25:15.760]  it definitely indicates that the title is being filed as a commercial title
[25:17.200 --> 25:22.080]  right and now i think that when i went through the law of the paperwork it's the only one that
[25:22.080 --> 25:29.200]  states when taxes are when licensing a motor vehicle your personal property taxes have to
[25:29.200 --> 25:35.840]  be paid and it's only that one issue that's brought up but they don't instead it says
[25:35.840 --> 25:44.400]  shall have and then it got note why they put note there i have no idea maybe to confuse you
[25:45.200 --> 25:55.360]  but it says note shall uh note uh i wish notes shall have business name or company name on it
[25:57.280 --> 26:03.040]  now i wish okay what do they really can only apply to a business or a company yeah that's
[26:03.040 --> 26:10.080]  what i'm thinking but they said note yeah and if i didn't just why they what does note mean
[26:12.240 --> 26:14.000]  no it's been parentheses
[26:17.200 --> 26:24.880]  i'm sorry say that again it's in parentheses note and then it says
[26:24.880 --> 26:35.200]  um company name or business name on it does that mean the company or business name of the
[26:35.200 --> 26:42.320]  entity that let the note or no i think it's no it's just like it's stating there's no like in
[26:42.320 --> 26:48.960]  reference to to that uh business name and or oh wait wait wait okay i'm sorry i'm sorry
[26:48.960 --> 26:58.160]  right when you said note you were not referring to a financing agreement type of note right the
[26:58.160 --> 27:06.880]  note just means notation like like i feel oh okay notation you need to tell me what your
[27:07.440 --> 27:16.720]  business or company name is right yeah okay breath that sounds to me like this only applies
[27:16.720 --> 27:21.280]  to commercial it sure does it would have to be
[27:23.440 --> 27:29.360]  how else could anyone comply with that then why does it say above that that the personal property
[27:29.360 --> 27:35.920]  taxes have to be paid because personal you could read that as being a person in other words a
[27:35.920 --> 27:44.160]  fictional entity or or a living breeding human being which does not necessarily
[27:44.160 --> 27:53.280]  include commerce right so it's and i got two papers directly in front of me too when it comes
[27:53.280 --> 28:01.520]  to that part this is the department of revenue to furnish lists of motor vehicles to uh yeah the
[28:01.520 --> 28:09.920]  department that's section 137.116 department of revenue to furnish lists of motor vehicles
[28:09.920 --> 28:17.840]  dash and then go one department of revenue shall annually transmit as of january first of the each
[28:17.840 --> 28:27.680]  year to the county assessor of each county and of the city of st louis a list showing
[28:28.240 --> 28:36.080]  the description of all motor vehicles motor boats and trailers read that stretch yeah registered
[28:36.080 --> 28:43.200]  with the department of revenue this course doesn't name address all that stuff well why would they send
[28:43.200 --> 28:46.880]  us uh um
[28:57.440 --> 29:02.160]  assessment yeah they send you assessment ones to the mail then you have to fill out and put down
[29:02.160 --> 29:10.480]  all your motor vehicles or trailers down it's a it's kind of like the department motor vehicle
[29:10.480 --> 29:19.280]  has to do it and then you have to do it too if they're asking you to tell them what they can tax
[29:21.440 --> 29:30.160]  i would be inclined to to write in that section screw you well it says that they have to send
[29:30.160 --> 29:37.680]  that out to everybody who is the taxpayer we'll tell them they got one of them misplaced
[29:39.440 --> 29:45.760]  yeah i know now here's another thing okay hold on hold on we're about to go to our sponsors
[29:46.640 --> 29:55.280]  randy kelton brett fountain wheel of our radio a call in number 512 646 1984 we have an empty slot
[29:55.280 --> 30:01.200]  on the board so if you have a comment a question or comment give us a call we'll be right everyone
[30:01.200 --> 30:06.240]  knows that walking is great exercise but you might want to know that the way you walk could predict
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[30:59.120 --> 31:04.880]  miles per hour a senior's age gender and walking speed whereas good at predicting life expectancy
[31:04.880 --> 31:10.080]  as more traditional statistical measures generally speaking faster walkers live longer
[31:10.080 --> 31:15.440]  measuring walking speed is quick and inexpensive it only takes a stopwatch some space to walk
[31:15.440 --> 31:20.480]  in a few minutes researchers say it could help doctors identify older patients who need special
[31:20.480 --> 31:25.600]  care i'm dr kathryn albrecht more news and information at kathryn albrecht dot com
[31:30.240 --> 31:37.360]  i lost my son my uncle my son on september 11 2000 most people don't know that a third tower fell
[31:37.360 --> 31:43.040]  on september 11 world trade center seven a 47 story skyscraper was not hit by a plane although the
[31:43.040 --> 31:49.200]  official explanation is that fire brought down building seven over 1200 architects and engineers
[31:49.200 --> 31:53.920]  has looked into the evidence and believes there is more to the story bring justice to my son my
[31:53.920 --> 32:00.080]  uncle my nephew my son go to building what dot org why it fell why it matters as what you can do
[32:00.960 --> 32:07.200]  logos radio network welcomes a new show to our lineup for the new year scripture talk with nano
[32:07.200 --> 32:13.200]  will begin wednesday january eighth from eight to ten p.m central time our goal is in accord with
[32:13.200 --> 32:19.520]  matthew 516 let your light so shine before men that they may see your good works and glorify
[32:19.520 --> 32:25.200]  your father which is in heaven we wish to reflect god's light and be a blessing to all those with
[32:25.200 --> 32:31.520]  a hearing ear join nana and guests for both verse by verse bible studies and topical bible studies
[32:31.520 --> 32:37.360]  designed to provoke onto love and good works our verse by verse bible studies will begin in the
[32:37.360 --> 32:43.440]  book of matthew where we will discuss one chapter per week our topical bible studies will vary each
[32:43.440 --> 32:49.040]  week and we'll explore sound doctrine as well as christian character development so mark your
[32:49.040 --> 32:55.680]  calendar and join us live on logos radio network dot com wednesdays from eight to ten p.m starting
[32:55.680 --> 33:03.200]  january eighth for an inspiring and motivating discussion of the scriptures live free speech
[33:03.200 --> 33:29.120]  radio logos radio network dot com
[33:33.200 --> 33:45.120]  yeah
[33:45.680 --> 33:51.040]  okay ready to help write a fountain remove our radio and we're trying to pull the wool off
[33:51.040 --> 34:00.080]  everybody's eyes here okay steve yes sir this sounds i'm concerned that i've missed something
[34:00.080 --> 34:10.960]  this sounds incongruent uh tell us again what you're trying to do you're trying to license a
[34:12.640 --> 34:18.960]  or they're trying to assess tax on personal property explain this again to make sure i
[34:18.960 --> 34:28.960]  haven't missed something okay base every year they sent out a form that has all your personal
[34:28.960 --> 34:37.920]  property that you own on it with the address as an location i live at and you have to fill it out
[34:38.720 --> 34:46.160]  if there's any new vehicles that you have which is license you have to put on it and then you
[34:46.160 --> 34:54.640]  have the right to mark out ones that you do not own anymore now here's a catch is i'd raised
[34:54.640 --> 35:01.120]  text about this several years ago the assessor did take off everything at one point because
[35:01.120 --> 35:08.480]  it's i've loaned tax and i think that's what it is and either way he took off everything
[35:09.040 --> 35:14.800]  and then when he sent mine out the next following year it had nothing and then when i went to
[35:16.800 --> 35:23.920]  okay had nothing what did he take out nothing down he took off all of them all personal property
[35:23.920 --> 35:33.120]  down which was just a trailer there you go and boats and a car or something like that or truck
[35:33.120 --> 35:40.480]  maybe both but i'm not trying to do anything i'm just bringing up the subject of mostly
[35:40.480 --> 35:50.400]  is on licensing a motor vehicle you're supposed to show personal property tax shown that you paid it
[35:50.400 --> 36:01.280]  and in the status it says note it says must have of course above it note company name or business name
[36:01.280 --> 36:09.200]  on it that's just a subject to bring up yeah that doesn't seem to make sense that's why i'm
[36:09.200 --> 36:19.120]  concerned that i've missed something and if i haven't missed something then good then you can raise
[36:19.120 --> 36:23.680]  the issue that you don't have to respond to any of this because it's not relevant
[36:25.680 --> 36:32.880]  right you're not you're not in commerce so there is no business name right now that can be brought up
[36:32.880 --> 36:50.640]  in court what does the state of missouri say about a lost the term i was going to
[36:52.240 --> 36:59.440]  okay i lost it i'm just curious how they even get to the point of of taxing in the first place
[36:59.440 --> 37:06.240]  like you said this this is ad valorem so it's bogus from the start that's not right i can't be doing
[37:06.240 --> 37:16.480]  that and what gives them the idea that they own your property because otherwise how could they
[37:16.480 --> 37:23.520]  say that you need to pay them something if you own it then you own it if they own it and you're
[37:23.520 --> 37:31.760]  just borrowing it and you could lose it by not giving them a something then then who owns this really
[37:33.360 --> 37:41.600]  yeah it does that make sense to you steve go ahead okay let me i think i can
[37:42.160 --> 37:51.680]  explain where bread is going a title to property so you have a real property and you have a title
[37:51.680 --> 38:02.320]  on it that title was issued by the state that because the property was originally sold to a person
[38:03.600 --> 38:08.240]  if the person had the funds to purchase the property from the state outright
[38:09.120 --> 38:17.680]  they would give them an a loyal title but if they couldn't buy it outright then the state was
[38:17.680 --> 38:29.360]  selling property on and allowing the person to pay it out over time as a security for their loan
[38:30.320 --> 38:42.400]  they took out a title and that's kind of like a mortgage if you get a if you buy a property
[38:42.400 --> 38:51.920]  through a bank you'll get a mortgage if you buy it from the state you'll get a title and that
[38:51.920 --> 39:01.120]  title is filed with the clerk and that title represents an indebtedness to the state and
[39:01.120 --> 39:10.320]  represents a a claim against your property by the state theoretically once you pay off the property
[39:10.320 --> 39:16.880]  then the title can be vacated and you replaced with a loyal title
[39:19.760 --> 39:25.840]  that was the way it was originally done but people subsequently bought these properties
[39:26.480 --> 39:35.920]  on time this way in the court the state created a title and filed out with a county recorder
[39:35.920 --> 39:41.920]  and once it was paid off that was supposed to remove that but they didn't you have to
[39:41.920 --> 39:51.760]  had to notice them to remove it but if you removed it then you would go off the tax rolls
[39:51.760 --> 39:59.840]  and when you went off the tax rolls you'd no longer have a right to law enforcement or
[39:59.840 --> 40:08.320]  fire suppression on your property because you didn't pay for it you didn't pay those property
[40:08.320 --> 40:17.440]  taxes that once your property is paid off then it's no longer essentially a mortgage but now
[40:17.440 --> 40:23.520]  you're paying property taxes to the state and that's why these people want to bring forward the
[40:23.520 --> 40:31.120]  land patent or an loyal title because that eliminates the title on the property and takes
[40:31.120 --> 40:37.440]  you off the tax rolls am I making sense yeah I believe me I understand everything I've listened
[40:37.440 --> 40:42.160]  to Ron Gibson I've studied everything you two guys told us about look it up yourself
[40:42.960 --> 40:48.480]  and believe me that's too much thinking to do when you're doing different things when it comes to
[40:48.480 --> 40:58.000]  cars personal property and a bunch of other stuff well I do so my hand is a certificate
[40:58.000 --> 41:04.240]  a manufacturer's certificate of origin that I told the guy that I bought this trailer from
[41:05.440 --> 41:13.360]  cash paid all in front he wasn't going to give this to me he wanted me to register it
[41:13.360 --> 41:21.280]  and I said no I want the manufacturer certificate of origin and he thought he couldn't do it
[41:22.000 --> 41:28.800]  and then I told him something about fraud he gave it to me pretty quick okay so you understand
[41:28.800 --> 41:36.320]  the nature of title oh yes now putting the complaints together and all the stuff you
[41:36.320 --> 41:43.680]  guys do I'm an idiot when it comes to that I can't say idiot I'm informed yet and no no no
[41:43.680 --> 41:55.920]  you're not an idiot yeah you're ignorant yeah is that better is that worse no it's okay to not
[41:55.920 --> 42:02.000]  know everything yeah but you understand I decided that he was terrible at baseball he said I can't
[42:02.000 --> 42:08.880]  catch I can't throw and I said well it's just your first time trying don't worry it's going to be great
[42:08.880 --> 42:12.800]  and he got out there and he's he's got a pretty good arm on him he can make it happen
[42:14.240 --> 42:18.240]  so I imagine the same thing would happen with you you get out there and doing some more grievances
[42:18.240 --> 42:24.160]  and criminal complaints and you'll start to feel like it just works just fine oh the problem you'll
[42:24.160 --> 42:32.400]  have is it will get to be way too much fun especially when you're going after it this
[42:32.400 --> 42:40.480]  title issue that is it's so complex relative to what these public officials do they are not
[42:40.480 --> 42:48.160]  going to have a clue as to what your hammer and rest right and you picked the five people that
[42:48.160 --> 42:57.520]  I picked and my family one was okay hold on hold on back away from your mic a little bit I think
[42:57.520 --> 43:04.720]  you're you're overpowering the mic you're kind of breaking up there it could be my voice and
[43:04.720 --> 43:13.200]  you're talking faster than we can listen oh and sometimes oh with this media when you talk too
[43:13.200 --> 43:21.920]  fast the system can't keep up with you and you start breaking up okay I've been talking to the
[43:21.920 --> 43:30.400]  family about all these issues they think I'm a fool and they think I'm full of it okay you
[43:30.400 --> 43:40.160]  got to understand a prophet is never recognized in his own hometown hang on Randy Kelkin Brett
[43:40.160 --> 43:50.640]  fountain rule on radio and us prophets will be back after our sponsors uh call in a number
[43:50.640 --> 43:57.120]  512646 1984 we'll be right back okay
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[46:00.080 --> 46:11.680]  do
[46:14.560 --> 46:16.000]  oh
[46:20.320 --> 46:21.520]  oh
[46:21.520 --> 46:42.880]  Okay, we are back, Randy Kelton, Brett Fountain, Rue La Radio, and it seems like you're knowledgeable
[46:42.880 --> 46:46.520]  enough we probably shouldn't be asking you questions.
[46:46.520 --> 46:59.520]  Steve, oh, Steve, we can't hear a word you're saying because I forgot to unmute you.
[46:59.520 --> 47:01.520]  Okay, start again.
[47:01.520 --> 47:04.520]  I had you muted.
[47:04.520 --> 47:07.520]  No, I got confused.
[47:07.520 --> 47:29.520]  Thank God, I have, next week, I could call in, I will have these exact documents in reference to what I am stating, showing it, and I'll make sure that I have all the statues right in front of me to ensure that you know.
[47:29.520 --> 47:45.520]  But there's two issues. If the lady accepts the title or probably tax form, she signs on the papers as well when you get licensed.
[47:45.520 --> 48:01.520]  I do believe getting tags for your car, all that, is a government document, and the people signing it is signing or committing fraud, aren't they?
[48:01.520 --> 48:11.520]  Okay, people signing or committing fraud, also, I missed some context there.
[48:11.520 --> 48:34.520]  Okay, if the law is why clearly they do believe it is saying that you have to have company name and business name on the personal property tax, she has to look at that to ensure that that is on there.
[48:34.520 --> 48:51.520]  When you get your tags for your car, she should see that on the paperwork, and she signs on that paperwork that she fills out for you on the computer.
[48:51.520 --> 48:55.520]  And yet falsifying a government document?
[48:55.520 --> 49:01.520]  So you're saying she should have noticed that there is no business name or company name, is that what you're saying?
[49:01.520 --> 49:07.520]  Yes, sir. And you know that it has to be on.
[49:07.520 --> 49:26.520]  Okay, that's not making sense to me. Why would they put into this form a request for business name when apparently there's no requirement for a business to be involved, or is there?
[49:26.520 --> 49:38.520]  What it is when it comes to your personal property taxes being paid, in law, in Missouri law, you have to show your personal property taxes being paid.
[49:38.520 --> 49:50.520]  In order to have personal property taxes, you have to have some kind of business activity. That's why they state company or business.
[49:50.520 --> 50:06.520]  And make sure that they get the taxes is what they're pretty much saying, and they won't let you have your license on your car until you show proof you've paid your taxes.
[50:06.520 --> 50:12.520]  I'm still not sure that I understand what's going on here.
[50:12.520 --> 50:19.520]  Well, there's the state income tax.
[50:19.520 --> 50:29.520]  I'm not hearing it, Brett.
[50:29.520 --> 50:31.520]  Wow, that was really intense.
[50:31.520 --> 50:38.520]  Okay, so it may not be going out on the air. It might just be in your background or something. Go ahead.
[50:38.520 --> 50:58.520]  All right, so it sounds like that there's a state income tax that's tying itself to the personal property, which they're trying to do some kind of taxes, registration and taxes of personal property like his truck or his boat or something.
[50:58.520 --> 51:17.520]  They're tying that saying you can't have this special sticker that you're going to really want to have unless you've paid all of your personal property taxes for a person being fictional entity, of course, because who else could they deal with?
[51:17.520 --> 51:32.520]  And so they're going to say that they are going to withhold your special sticker that you wanted since you didn't pay your personal property tax.
[51:32.520 --> 51:34.520]  Is that what I'm understanding?
[51:34.520 --> 51:48.520]  Your ability to license your motor vehicle if you actually have one, they eliminate that until you make sure you pay your personal property taxes.
[51:48.520 --> 51:58.520]  Well, that's fine. That's kind of like telling a six-year-old that if you don't eat your Brussels sprouts, I'm not going to give you any broccoli.
[51:58.520 --> 52:03.520]  Well, fine. I don't think I want either one of them.
[52:03.520 --> 52:11.520]  But as you see, it could be legal if you own a motor vehicle.
[52:11.520 --> 52:22.520]  But if you don't actually own a motor vehicle, by the means you get a loan to get one, a car or a truck like I did, you have to license it.
[52:22.520 --> 52:30.520]  That's one of the contracts you do sign for.
[52:30.520 --> 52:34.520]  You understand what he's talking about?
[52:34.520 --> 52:39.520]  Yeah. Does that make sense? You signed up and said that you're going to do something? Yeah.
[52:39.520 --> 52:47.520]  Yeah. So here's another sticker that I found that nobody's looked at.
[52:47.520 --> 53:04.520]  In the Statues, it states, when a husband has passed away, the wife has a right to a automobile or any motor vehicle and a pickup truck.
[53:04.520 --> 53:15.520]  I look and do all the stuff that you guys don't usually look at. So that's another thing I've seen.
[53:15.520 --> 53:18.520]  That's pretty interesting.
[53:18.520 --> 53:27.520]  Yeah. Well, I got 2,000 pages I copied of one printer and ruined it.
[53:27.520 --> 53:32.520]  Had to buy another one. Now I'm on my third one.
[53:32.520 --> 53:50.520]  But yeah, I'm finding little things that ties to all this stuff together that kind of throws a loop into the court system.
[53:50.520 --> 53:53.520]  So either way.
[53:53.520 --> 53:57.520]  So have you written a brief on this subject?
[53:57.520 --> 54:05.520]  No. I'm making sure I'm not doing things wrong and I'm very slow at it.
[54:05.520 --> 54:13.520]  You know, so I haven't done anything of a sort at all.
[54:13.520 --> 54:19.520]  And I'm not really well educated and my spelling is wrong. I know you got word perfect.
[54:19.520 --> 54:29.520]  No, no, no, that's not you. That's the computer. I have the same problem. My computer cannot spell at all.
[54:29.520 --> 54:33.520]  Well, wait, wait, wait, I heard that.
[54:33.520 --> 54:38.520]  Brett, it's just a computer. It's not me.
[54:38.520 --> 54:42.520]  I'm sure that must be the case.
[54:42.520 --> 54:46.520]  Maybe you can get a refund.
[54:46.520 --> 54:51.520]  Putting it down on paper is a little bit hard for me, but I'm in no rush.
[54:51.520 --> 54:57.520]  I figure when I do this, I'll make sure I got all my ducks in a row.
[54:57.520 --> 55:04.520]  Okay. Do you use computers? Are you familiar with word Microsoft word?
[55:04.520 --> 55:08.520]  No understanding of that.
[55:08.520 --> 55:09.520]  Type on.
[55:09.520 --> 55:12.520]  Okay. Let me make a suggestion then.
[55:12.520 --> 55:25.520]  Go out into the street, flag down the first 10 year old, you see, and have them explain to you that this is the first, the 21st century.
[55:25.520 --> 55:28.520]  Yeah, my grandson, but I got five of them. So one.
[55:28.520 --> 55:31.520]  Good. Perfect.
[55:31.520 --> 55:36.520]  Have them explain to you this is a 21st century old buzzard.
[55:36.520 --> 55:39.520]  I was talking to Robert Fox.
[55:39.520 --> 55:47.520]  He passed away recently, but he was an old time legal researcher and I was trying to explain email to him and he couldn't get it.
[55:47.520 --> 55:55.520]  And I said, Robert, go out into the street and flag down the first 10 year old and have him explain to you this is 21st century old buzzard.
[55:55.520 --> 55:58.520]  And he said, that's cold.
[55:58.520 --> 56:01.520]  Cool, but cold.
[56:01.520 --> 56:02.520]  Yeah.
[56:02.520 --> 56:10.520]  I'm so old, all my grandchildren are graduating college.
[56:10.520 --> 56:13.520]  Too late for that.
[56:13.520 --> 56:14.520]  Yeah.
[56:14.520 --> 56:17.520]  But yeah, Microsoft Word or your friends.
[56:17.520 --> 56:23.520]  If you do, I have.
[56:23.520 --> 56:24.520]  Okay.
[56:24.520 --> 56:30.520]  I'm kind of losing my place here.
[56:30.520 --> 56:35.520]  What are we, what are you trying to do at this moment?
[56:35.520 --> 56:37.520]  See if I can get recent.
[56:37.520 --> 56:39.520]  Standing the law.
[56:39.520 --> 56:45.520]  And make sure when I'm making a proactive statement.
[56:45.520 --> 56:50.520]  What I'm stating is accurate and true in law.
[56:50.520 --> 56:54.520]  Not like the other people that you're just discussing about earlier.
[56:54.520 --> 56:56.520]  At the beginning of the show.
[56:56.520 --> 57:03.520]  Now, I know what I say is true, but communicating it on paper.
[57:03.520 --> 57:06.520]  Is a different issue.
[57:06.520 --> 57:17.520]  Okay, we could probably need to put together a presentation on how to write legal documents.
[57:17.520 --> 57:22.520]  Over all of this time I've developed a methodology.
[57:22.520 --> 57:33.520]  It's a little bit complicated, but once you get it sorted out and you kind of understand what I'm talking about, creating legal documents is not so difficult.
[57:33.520 --> 57:45.520]  Unlike normal pros where you're writing letters to other people or you're writing reports and such.
[57:45.520 --> 57:50.520]  Writing legal documents is more structured.
[57:50.520 --> 57:53.520]  And it's more complicated.
[57:53.520 --> 57:55.520]  Almost always.
[57:55.520 --> 57:58.520]  When you write a legal document, it's almost always very complicated.
[57:58.520 --> 58:01.520]  And we have a methodology for that.
[58:01.520 --> 58:08.520]  Do you have a legal 101?
[58:08.520 --> 58:10.520]  I don't know.
[58:10.520 --> 58:18.520]  Okay, go to the ruleoflawradial.com and we have a link to legal 101.
[58:18.520 --> 58:25.520]  That's an ebook that I wrote, and it has a full section on there on how to write legal documents.
[58:25.520 --> 58:38.520]  When we come back on the other side, I'll address that in brief and give you a few tips that will make creating your documents much, much easier.
[58:38.520 --> 58:41.520]  Randy Kelton, Brett Fountain, ruleoflawradio.
[58:41.520 --> 58:43.520]  We'll be right back.
[58:43.520 --> 58:50.520]  All right, thank you.
[59:13.520 --> 59:18.520]  Three books are a three-volume set called Basic Elements of the Christian Life.
[59:18.520 --> 59:27.520]  Chapter by chapter, Basic Elements of the Christian Life clearly presents God's plan of salvation, growing in Christ, and how to build up the church.
[59:27.520 --> 59:44.520]  To order your free New Testament recovery version and Basic Elements of the Christian Life, call Bibles for America toll-free at 888-551-0102.
[59:44.520 --> 59:49.520]  Or visit us online at bfa.org.
[59:49.520 --> 59:59.520]  You're listening to the Logos Radio Network at LogosRadioNetwork.com.
[01:00:20.520 --> 01:00:23.520]  Brent Crude, $62.47 a barrel.
[01:00:23.520 --> 01:00:25.520]  And Crypto is an order of market cap.
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[01:00:45.520 --> 01:00:59.520]  Today in history, the year 1916, the Preparedness Day bombing, a time suitcase bomb, was detonated on Market Street in San Francisco during the World War I Preparedness Day Parade, killing 10 and entering 40.
[01:00:59.520 --> 01:01:04.520]  Today in history.
[01:01:04.520 --> 01:01:24.520]  And recent news, since Governor Greg Abbott signed House Bill 1325 legalizing Hempon to tax his law back in June, county prosecutors around the state, including Houston, Austin, and San Antonio, have been dropping marijuana possession charges and even refusing to file new ones since they are stipulating that they do not have the time or the laboratory equipment to test the herb for THC.
[01:01:24.520 --> 01:01:33.520]  Margaret Moore, the Travis County District Attorney, announced earlier this month that she was dismissing 32 felony possession and delivery of marijuana cases because of the law.
[01:01:33.520 --> 01:01:47.520]  Mr. Abbott and other state officials, including the Attorney General, stipulated in a letter to county district attorneys back on Thursday that marijuana has not been decriminalized in Texas and that these actions demonstrate a misunderstanding of how HB 1325 works.
[01:01:47.520 --> 01:02:01.520]  As well as other cities, too, like the district attorney in El Paso, Kaima Esparza, a Democrat who also stated earlier this month that the law, quote, will not have an effect on the prosecution of marijuana cases in El Paso.
[01:02:01.520 --> 01:02:13.520]  However, the issue was succinctly summarized by Mr. Brandon Ball, an assistant public defender in Harris County, who stated that, quote, the law is constantly changing on what makes something illegal based on its chemical makeup.
[01:02:13.520 --> 01:02:22.520]  It's important that if someone is charged with something, the test matches what they're charged with.
[01:02:22.520 --> 01:02:38.520]  A paper by Tulane University identified a five-and-a-half-inch American pocket shark as the first of its kind in the Gulf of Mexico, the specimen being only the second pocket shark ever captured or recorded with the other one being found way back in 1979 in the East Pacific Ocean.
[01:02:38.520 --> 01:02:53.520]  According to the university paper, the shark secretes a luminous fluid from a gland near its front fins for the purpose it is hypothesized to lure and prey who may be drawn into the glow.
[01:02:53.520 --> 01:03:08.520]  This is Brooke Rodeo with the Lowdown for July 22, 2019.
[01:03:23.520 --> 01:03:33.520]  This is Brooke Rodeo with the Lowdown for July 22, 2019.
[01:03:54.520 --> 01:04:07.520]  Okay, we are back. Randy Kelton, Brett Fountain Ruevault Radio. We're talking to Steve in Missouri. And right now we're talking over the break on how to proceed from here.
[01:04:07.520 --> 01:04:18.520]  And at the end it became clear we need to know what it is you are trying to accomplish at the end of the day.
[01:04:18.520 --> 01:04:35.520]  At the end of the day, how would you determine if you were moving toward your intended outcome as opposed to moving over to some other outcome?
[01:04:35.520 --> 01:04:41.520]  What do you want to achieve right now at the end of the day?
[01:04:41.520 --> 01:04:51.520]  Mainly how to write a legal document before I do anything on any of these issues.
[01:04:51.520 --> 01:04:57.520]  Okay, okay, that's easy enough. I can do that. Yeah, that makes it easier. Okay.
[01:04:57.520 --> 01:05:11.520]  First thing I suggest, I have a methodology for this. The first thing you want to do is write your legal argument, your points and authorities.
[01:05:11.520 --> 01:05:18.520]  This is what they did wrong or this is the issue I'm bringing. This is the law concerning that issue.
[01:05:18.520 --> 01:05:29.520]  Argue the whole thing out just like if you were arguing the issue to me and tell me all the things you want to tell me.
[01:05:29.520 --> 01:05:41.520]  Write that out as an argument in support of your facts. You haven't created the facts yet, but the facts are one of the last things that you do.
[01:05:41.520 --> 01:05:51.520]  First thing you make your legal argument, when you talk to someone about this issue, you have things that you talk about that you address.
[01:05:51.520 --> 01:06:01.520]  And pretty much every time you do that, you address these issues. So outline these issues on a page.
[01:06:01.520 --> 01:06:07.520]  If somebody wants to know what you're doing, how do you tell them? Well, it's the first thing you tell them.
[01:06:07.520 --> 01:06:18.520]  Oh, I have this civil case I'm working on. And then move from there, argue your issue.
[01:06:18.520 --> 01:06:32.520]  And when you're arguing an issue, you have to give facts and law. This is the statement made by the plaintiff.
[01:06:32.520 --> 01:06:40.520]  This is the response made by the defendant. These are the facts. I'm sorry, I shouldn't have put that in.
[01:06:40.520 --> 01:06:49.520]  These are the issues I intend to bring. This is the law in support of these issues.
[01:06:49.520 --> 01:06:57.520]  You write an argument just like you're talking to me. They did this. This is the law that represents this.
[01:06:57.520 --> 01:07:03.520]  And this is what they should have ruled. And you go walk down each one that way.
[01:07:03.520 --> 01:07:14.520]  Once you have your argument in support of your state of facts created, then you go online and find, I'm sorry, step back.
[01:07:14.520 --> 01:07:23.520]  Once you have all the arguments created, you look at those arguments and what causes of action do they indicate?
[01:07:23.520 --> 01:07:32.520]  If someone files a criminal complaint, the complaint itself alleges a violation of a penal statute.
[01:07:32.520 --> 01:07:40.520]  That's what's done in criminal. In civil, you can't just say the dirty rotten scoundrel did this, that, or the other.
[01:07:40.520 --> 01:07:53.520]  You have to say that the dirty rotten scoundrel breached committed acts that amounted to this cause of action.
[01:07:53.520 --> 01:08:04.520]  Fraud. Fraud.my non-disclosure. Deceptive. Is this a whole list of them?
[01:08:04.520 --> 01:08:15.520]  Yeah, I know what they are already. Okay, so for everybody else, when you file a civil action, it's kind of like a criminal.
[01:08:15.520 --> 01:08:26.520]  If you're charged criminally, they charge you with a specific statute. If you're sued civilly, they sue you under a defined cause of action.
[01:08:26.520 --> 01:08:34.520]  And each of those causes of actions have a set of elements that must be proved.
[01:08:34.520 --> 01:08:53.520]  So once you've written the argument in support of your case, then you go online and find the patterned jury charges for all of the causes of action you intend to claim.
[01:08:53.520 --> 01:09:03.520]  The patterned jury charges, that's the last thing the judge will say to the jury before they go into deliberations.
[01:09:03.520 --> 01:09:09.520]  The judge will say, this is what you must find.
[01:09:09.520 --> 01:09:20.520]  You read that patterned jury charge and make sure that you have argued each issue that the jury must find.
[01:09:20.520 --> 01:09:31.520]  If you argue any issue that's not in that list, you waste everybody's time because the court's going to say so what has nothing to do with anything.
[01:09:31.520 --> 01:09:40.520]  If you fail to address one of those issues, the jury cannot rule in your favor.
[01:09:40.520 --> 01:09:49.520]  So the second thing you want to do is determine the claims and causes of action you're going to make.
[01:09:49.520 --> 01:09:57.520]  The third thing you do is go to the internet and pull up the patterned jury charges for each of those claims.
[01:09:57.520 --> 01:10:16.520]  Then look at your argument in support. Did you address every element of each claim? The cause of action will say, I'm sorry, the patterned jury charge will say to the jury, you must find this and this and this and this.
[01:10:16.520 --> 01:10:21.520]  Let's take fraud by non-disclosure as an example.
[01:10:21.520 --> 01:10:39.520]  Fraud by non-disclosure, you must show that the defendant made a voluntary statement of factor law, that the voluntary statement of law was untrue,
[01:10:39.520 --> 01:10:50.520]  that you did not have equal access to information to determine whether or not that statement was true,
[01:10:50.520 --> 01:11:00.520]  that you relied on that statement and were subsequently subjected to harm.
[01:11:00.520 --> 01:11:09.520]  Those are the elements for fraud by non-disclosure. You must argue every single one of them.
[01:11:09.520 --> 01:11:16.520]  If you miss one, the jury cannot rule in your favor.
[01:11:16.520 --> 01:11:26.520]  If you addressed any issue that's not in the causes in the patterned jury charge, you're wasting everybody's time. It's a rabbit hole.
[01:11:26.520 --> 01:11:36.520]  Lawyers will constantly try to lead you down a rabbit hole. The better your case, the more they'll struggle to get you to argue in a relevant issue.
[01:11:36.520 --> 01:11:47.520]  Whoa, your honor, he did this. Well, that's not included in the patterned jury charge, so who cares? Objection relevance.
[01:11:47.520 --> 01:11:50.520]  Pattern jury charge will keep you on track.
[01:11:50.520 --> 01:12:01.520]  Okay, once you have the patterned jury charge, you've looked at your argument in support and make sure you've argued each one of those items in the patterned jury charge.
[01:12:01.520 --> 01:12:14.520]  Then you write a, you do each claim, you write a claim for each cause of action.
[01:12:14.520 --> 01:12:20.520]  Looking at those claims, you do the argument in support. It's one big dot, one big section.
[01:12:20.520 --> 01:12:28.520]  And then based on that argument in support, I make this claim of this cause of action or this tort claim.
[01:12:28.520 --> 01:12:34.520]  In civil, in civil, you have torts and you have causes of action.
[01:12:34.520 --> 01:12:37.520]  Torts are based on contractual violations.
[01:12:37.520 --> 01:12:49.520]  But if you're driving down the street and a city worker is running a backhoe and he sticks the backhoe through your side window, you don't have a cause of action.
[01:12:49.520 --> 01:12:58.520]  What you have is an issue that rings in tort. Cause of action reads in contract.
[01:12:58.520 --> 01:13:06.520]  Fraud by non-disclosure. You have an agreement here, but your agreement is based on fraud by the lender.
[01:13:06.520 --> 01:13:15.520]  So that's cause of action. But if you don't have a contract where somebody just harms you, rear-ends your car, that rings in tort.
[01:13:15.520 --> 01:13:22.520]  So you lay out all of your causes of action, all of your tort claims.
[01:13:22.520 --> 01:13:38.520]  Once you have all those laid out that mimic your arguments in your argument in support, then you create your claim.
[01:13:38.520 --> 01:13:47.520]  You say, I have been harmed, make me whole. You write a prayer to the court.
[01:13:47.520 --> 01:14:00.520]  And prayer, I just talked to someone today who objected to the term because in modern English, we use that to refer to asking a God or a higher being for something.
[01:14:00.520 --> 01:14:04.520]  But in old English, that wasn't what it was.
[01:14:04.520 --> 01:14:11.520]  You're really asking the court to give you something.
[01:14:11.520 --> 01:14:17.520]  If you don't move the court to do something, the court can't do something.
[01:14:17.520 --> 01:14:24.520]  I had someone contact me over a credit card debt that they were sued over.
[01:14:24.520 --> 01:14:30.520]  And he sent me the suit and I read it and he asked me, what do you think?
[01:14:30.520 --> 01:14:34.520]  Wow, they don't have a prayer. And he said, why not?
[01:14:34.520 --> 01:14:37.520]  I don't know. They don't have one.
[01:14:37.520 --> 01:14:45.520]  They spent this whole suit telling the judge what a deadbeat you were, but they didn't ask the judge to do anything.
[01:14:45.520 --> 01:14:53.520]  That's what the prayer is. The judge cannot give you any remedy you do not ask for.
[01:14:53.520 --> 01:14:59.520]  So you ask the court to give you the rulings that you want.
[01:14:59.520 --> 01:15:18.520]  Once you've done the argument and support, looked at the patterned jury charges, created your causes of action based on the elements in the patterned jury charge, then you ask the judge to make you whole.
[01:15:18.520 --> 01:15:24.520]  Once you've done that, then you go back and create a statement of facts.
[01:15:24.520 --> 01:15:31.520]  If this sounds backwards, it is not intuitive. The statement of facts is an art form.
[01:15:31.520 --> 01:15:49.520]  You look at your argument and support and then you pick those facts that would lead a reasonable person of ordinary prudence to come to the decisions that you come to in your argument and support.
[01:15:49.520 --> 01:16:07.520]  You know, if the judge reads your facts and he stitches those facts together and comes to conclusions and then reads your argument and support, then you argue those facts and show the conclusion that you came to.
[01:16:07.520 --> 01:16:18.520]  If your conclusion matches the one you got the judge to come to, he's going to think you're smart and he's going to trust you.
[01:16:18.520 --> 01:16:21.520]  That's why a statement of facts is an art form.
[01:16:21.520 --> 01:16:31.520]  You only put in those facts that would lead a reasonable person of ordinary prudence to come to the decisions or considerations that you want them to.
[01:16:31.520 --> 01:16:39.520]  Then you demonstrate how you came to those exact same conclusions and he's going to think you're smart and he's going to trust you.
[01:16:39.520 --> 01:16:43.520]  And then the last thing you do is an introduction.
[01:16:43.520 --> 01:16:52.520]  Judge, when you read these facts, these are the conclusions that we're going to ask you to come to.
[01:16:52.520 --> 01:16:59.520]  This is where we're going to go and that leads you to read the facts in that context. We'll be right back.
[01:16:59.520 --> 01:17:04.520]  Are you being harassed by debt collectors with phone calls, letters, or even lawsuits?
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[01:17:49.520 --> 01:17:59.520]  That's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com to learn how to stop debt collectors now.
[01:17:59.520 --> 01:18:04.520]  I love logos. Without the shows on this network, I'd be almost as ignorant as my friends.
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[01:19:36.520 --> 01:20:05.520]  Okay, we are back. Randy Kelton, Brett Fountain, Rue's Law Radio.
[01:20:05.520 --> 01:20:12.520]  And I'm going through an overview of how to create a legal document.
[01:20:12.520 --> 01:20:15.520]  These are the basics.
[01:20:15.520 --> 01:20:19.520]  The last thing you do is the introduction.
[01:20:19.520 --> 01:20:29.520]  Once you've made your argument, then extracted from the argument all of the causes of action or claims you're going to make.
[01:20:29.520 --> 01:20:41.520]  And then you've got the pattern jury charges to make sure that all of the elements of each cause of action or tort claim have been addressed.
[01:20:41.520 --> 01:20:47.520]  Then you go up and create a statement of facts.
[01:20:47.520 --> 01:20:55.520]  The statement of facts are created to coincide with your argument in support.
[01:20:55.520 --> 01:21:12.520]  Once you've done that, then you create the introduction and the introduction says your honor, we're going to present a set of facts and then we will show how those facts lead to these conclusions.
[01:21:12.520 --> 01:21:32.520]  So that when the judge reads your statement of facts, you've told him where you want to go. I'm going to accuse the defendant of fraud per se, a fraud by non-disclosure of this tort and this tort and this tort.
[01:21:32.520 --> 01:21:44.520]  So then the judge starts reading your statement of facts and he already told him where you're going to try to go with these statement of facts.
[01:21:44.520 --> 01:21:55.520]  So you've told him how to consider the facts as they lead to the conclusions you're going to come to.
[01:21:55.520 --> 01:22:17.520]  So he'll read those facts and try to stitch them together in a way that shows a reasonable probability that your claim is accurate or read them in a way that goes to the conclusions you've already told him you're going to try to come to.
[01:22:17.520 --> 01:22:34.520]  Then he goes to the argument in support and there you state the facts and argue the law as it relates to those facts and show how you came to that, the conclusion that you already got the judge to come to.
[01:22:34.520 --> 01:22:54.520]  So if you can con the judge into looking at the facts and making determinations based on those facts, then you do an argument in support and you take those facts and come to the same determination you got him to come to.
[01:22:54.520 --> 01:23:04.520]  He's going to think you're pretty smart because you came to the same conclusion he did and that's going to cause what we call rapport.
[01:23:04.520 --> 01:23:13.520]  He will tend to believe you and trust you more if you come to the same conclusions he did.
[01:23:13.520 --> 01:23:28.520]  So that's basically the philosophy of how you construct a document. Now, the most important thing is the argument in support. That's the hardest part.
[01:23:28.520 --> 01:23:51.520]  And the way we suggest you do that is write a heading for every paragraph. And when you write that paragraph, make sure your prose, your arguments stay true to the heading on the paragraph.
[01:23:51.520 --> 01:24:03.520]  Large documents can get very complex and convoluted and you can wind up arguing the same issues two or three times from two or three different perspectives.
[01:24:03.520 --> 01:24:14.520]  Probably the most important suggestion I can give you about writing legal documents is put a heading on every single paragraph.
[01:24:14.520 --> 01:24:23.520]  And if you're not computer literate, if you're not comfortable with computer, do it instead of writing out one long argument in support.
[01:24:23.520 --> 01:24:37.520]  Take a index card and put each paragraph heading on the index card and make your statement in that paragraph on this index card.
[01:24:37.520 --> 01:24:49.520]  So that the four corners of the index card will tend to keep you focused on the topic that this paragraph is referring to.
[01:24:49.520 --> 01:25:01.520]  Because when you're arguing legal documents, I'm sorry, legal arguments, you will make one argument and it will trigger a connection to another argument.
[01:25:01.520 --> 01:25:07.520]  You'll go to that one and you'll trick another and you'll go to that one and you wind up going down every kind of rabbit hole.
[01:25:07.520 --> 01:25:18.520]  You just wander in all over the place and it makes your presentation really complex and convoluted.
[01:25:18.520 --> 01:25:32.520]  So in order to avoid that, you discipline yourself to writing one paragraph at a time with a heading that directs you in what to put in that paragraph.
[01:25:32.520 --> 01:25:34.520]  Do not stray from it.
[01:25:34.520 --> 01:25:46.520]  If it triggers another issue you need to address, take another three or five card and put the heading for that issue on it and write your argument in that one.
[01:25:46.520 --> 01:26:08.520]  Once you have all that done, then you take all your arguments and line them out and then you walk down your argument in support and set these index cards in the order that most effectively demonstrates your argument.
[01:26:08.520 --> 01:26:15.520]  I do this in Microsoft Word and that's because I can grab the paragraphs and move them around.
[01:26:15.520 --> 01:26:23.520]  And I find myself shuffling those paragraphs around all of the time.
[01:26:23.520 --> 01:26:39.520]  Building a large complex legal documents can be daunting, but if you break it down to paragraphs, you will be amazed at how succinct and straightforward your presentation will become.
[01:26:39.520 --> 01:26:48.520]  When I build one of these large complex documents, I wind up throwing out about a third of all of my arguments.
[01:26:48.520 --> 01:26:52.520]  They're redundant or they're off topic.
[01:26:52.520 --> 01:26:58.520]  They seem important at the time and they may be important in some context, but not in this one.
[01:26:58.520 --> 01:27:02.520]  So when you do it on index cards, you can shift them around.
[01:27:02.520 --> 01:27:07.520]  You will come up with a very well structured document.
[01:27:07.520 --> 01:27:15.520]  In the process of writing these documents, always write to an eighth grader.
[01:27:15.520 --> 01:27:23.520]  Every document you write should be written to a grand jury.
[01:27:23.520 --> 01:27:31.520]  And you should assume that every grand jury member is an eighth grader and knows nothing about your topic.
[01:27:31.520 --> 01:27:39.520]  So you have to include everything that person needs to know.
[01:27:39.520 --> 01:27:46.520]  The judge will actually read it and he's much more sophisticated, but he's busy.
[01:27:46.520 --> 01:27:54.520]  He don't have time to bore down into these highly complex and esoterically arguments.
[01:27:54.520 --> 01:28:03.520]  It's really simple. So if you want an eighth grader to be able to read your document and understand what you've written,
[01:28:03.520 --> 01:28:07.520]  if he can't, you need to go back and fix it.
[01:28:07.520 --> 01:28:14.520]  And the primary way is heading on every paragraph. Keep your paragraph confined to the heading.
[01:28:14.520 --> 01:28:20.520]  90% of these problems you have in writing legal documents will simply go away.
[01:28:20.520 --> 01:28:25.520]  Does that make sense, Steve?
[01:28:25.520 --> 01:28:30.520]  Oh, I can't hear you, Steve, because somebody muted you.
[01:28:30.520 --> 01:28:34.520]  Oh, it was me that muted you. Okay, you're unmuted now. Go ahead.
[01:28:34.520 --> 01:28:38.520]  Yes, I heard you make these statements numerous times.
[01:28:38.520 --> 01:28:43.520]  But the, except for the index card, I think it's been a while back that you mentioned it.
[01:28:43.520 --> 01:28:47.520]  Okay, does that sound like a really intelligent thing?
[01:28:47.520 --> 01:28:54.520]  I don't get to take response to take credit for that. That was Brett's idea to present it that way.
[01:28:54.520 --> 01:28:57.520]  And thank you, Brett.
[01:28:57.520 --> 01:29:03.520]  Well, my mother is a nursing school. She had to pick her that out too. Same way you described.
[01:29:03.520 --> 01:29:07.520]  Okay, that will fix 90% of your problems.
[01:29:07.520 --> 01:29:11.520]  I read legal documents by lawyers.
[01:29:11.520 --> 01:29:19.520]  And I think, where did you learn to write documents in the third grade?
[01:29:19.520 --> 01:29:26.520]  One other thing to put in the back of your mind.
[01:29:26.520 --> 01:29:33.520]  When you're writing these documents, assume that your reader knows nothing.
[01:29:33.520 --> 01:29:39.520]  Yeah, a judge is going to read it and he's very knowledgeable. He's very sophisticated.
[01:29:39.520 --> 01:29:47.520]  He's busy. He don't have time to do these very sophisticated analyses.
[01:29:47.520 --> 01:29:50.520]  Write this thing for an eighth grader.
[01:29:50.520 --> 01:29:59.520]  If there's any place where a question could come to the mind of your reader, fix it. Answer it.
[01:29:59.520 --> 01:30:01.520]  Hang on.
[01:30:01.520 --> 01:30:05.520]  A top cybersecurity expert has a warning for America.
[01:30:05.520 --> 01:30:11.520]  To build an electrical smart grid, the hackers will come and they could cause a catastrophic blackout.
[01:30:11.520 --> 01:30:15.520]  I'm Dr. Catherine Albrecht. Back with the shocking details in a moment.
[01:30:15.520 --> 01:30:21.520]  Privacy is under attack. When you give up data about yourself, you'll never get it back again.
[01:30:21.520 --> 01:30:26.520]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:30:26.520 --> 01:30:31.520]  So protect your rights. Say no to surveillance and keep your information to yourself.
[01:30:31.520 --> 01:30:37.520]  Privacy, it's worth hanging on to. This message is brought to you by StartPage.com,
[01:30:37.520 --> 01:30:41.520]  the private search engine alternative to Google, Yahoo, and Bing.
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[01:30:45.520 --> 01:30:52.520]  Governments love power, so it's only natural they'd want to control the power going into your home too with a smart grid.
[01:30:52.520 --> 01:30:59.520]  So they're installing a national network of smart meters to remotely monitor electric use for efficiency and avoid grid failure.
[01:30:59.520 --> 01:31:06.520]  But cybersecurity expert David Chalk says not so fast, if we make the national power grid controllable through the web,
[01:31:06.520 --> 01:31:12.520]  hackers will have a field day. Working remotely, they could tap in and black out the entire nation,
[01:31:12.520 --> 01:31:18.520]  leaving us vulnerable to our enemies. I'd want to pose smart meters for privacy and health reasons.
[01:31:18.520 --> 01:31:23.520]  The catastrophic failures caused by hackers? There's nothing smart about that.
[01:31:23.520 --> 01:31:30.520]  I'm Dr. Catherine Albrecht for StartPage.com, the world's most private search engine.
[01:31:30.520 --> 01:31:36.520]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[01:31:36.520 --> 01:31:43.520]  The government says that fire brought it down. However, 1,500 architects and engineers have concluded it was a controlled demolition.
[01:31:43.520 --> 01:31:46.520]  Over 6,000 of my fellow service members have given their lives.
[01:31:46.520 --> 01:31:49.520]  And thousands of my fellow force responders are dying.
[01:31:49.520 --> 01:31:50.520]  I'm not a conspiracy theorist.
[01:31:50.520 --> 01:31:51.520]  I'm a structural engineer.
[01:31:51.520 --> 01:31:52.520]  I'm a New York City correction officer.
[01:31:52.520 --> 01:31:53.520]  I'm an Air Force pilot.
[01:31:53.520 --> 01:31:55.520]  I'm a father who lost his son.
[01:31:55.520 --> 01:31:57.520]  We are Americans, and we deserve the truth.
[01:31:57.520 --> 01:32:01.520]  Go to RememberBuilding7.org today.
[01:32:01.520 --> 01:32:05.520]  Rule of Law Radio is proud to offer the Rule of Law Traffic Seminar.
[01:32:05.520 --> 01:32:10.520]  In today's America, we live in an us-against-them society, and if we, the people, are ever going to have a free society,
[01:32:10.520 --> 01:32:12.520]  then we're going to have to stand and defend our own rights.
[01:32:12.520 --> 01:32:17.520]  Among those rights are the right to travel freely from place to place, the right to act in our own private capacity,
[01:32:17.520 --> 01:32:22.520]  and most importantly, the right to due process of law. Traffic courts afford us the least expensive opportunity
[01:32:22.520 --> 01:32:25.520]  to learn how to enforce and preserve our rights through due process.
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[01:32:33.520 --> 01:32:35.520]  and how to hold courts to the rule of law.
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[01:32:44.520 --> 01:32:48.520]  The Law vs. the Lie, video and audio of the original 2009 seminar.
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[01:32:59.520 --> 01:33:11.520]  You are listening to the Logos Radio Network. LogosRadioNetwork.com.
[01:33:29.520 --> 01:33:49.520]  Okay, we are back. Randy Kelton, Bret Fountain, Rule of Law Radio on this Friday,
[01:33:49.520 --> 01:33:54.520]  the 16th day of April, 2021.
[01:33:54.520 --> 01:34:02.520]  We are a quarter of the way through the year already.
[01:34:02.520 --> 01:34:06.520]  My mom warned me about this.
[01:34:06.520 --> 01:34:12.520]  Time is going to go faster the older we get.
[01:34:12.520 --> 01:34:16.520]  Is it correct? Are there people with you, or is it only the old people that experience it?
[01:34:16.520 --> 01:34:19.520]  It's only the old people.
[01:34:19.520 --> 01:34:27.520]  When we were young, we were learning so much that time seemed to pass slow because we were so busy
[01:34:27.520 --> 01:34:32.520]  catching up and understanding all the pieces.
[01:34:32.520 --> 01:34:38.520]  But as we get older, a lot of this mundane, ordinary stuff, we don't even pay attention to it anymore.
[01:34:38.520 --> 01:34:44.520]  A lot of the younger people probably don't realize it, but older people get to do really sophisticated things.
[01:34:44.520 --> 01:34:51.520]  But in the process, our experience of time speeds up.
[01:34:51.520 --> 01:34:55.520]  Time moves past us much more quickly.
[01:34:55.520 --> 01:35:02.520]  When you've only lived 15, 20 years, time seems to move pretty slow.
[01:35:02.520 --> 01:35:09.520]  But when you lived 50, 60, 70 years, time begins to move very quickly.
[01:35:09.520 --> 01:35:12.520]  At least your experience of it does.
[01:35:12.520 --> 01:35:17.520]  It seems to me like it still should be January, but it's April already.
[01:35:17.520 --> 01:35:21.520]  Anyway, finishing up, how to write legal documents.
[01:35:21.520 --> 01:35:26.520]  There's a whole lot more to it, but these are the basics.
[01:35:26.520 --> 01:35:34.520]  And probably the index cards are the most important part of this.
[01:35:34.520 --> 01:35:44.520]  If you're using Microsoft Word, then you go up to Home and click Home on the top menu.
[01:35:44.520 --> 01:35:49.520]  And then go over to Styles.
[01:35:49.520 --> 01:35:56.520]  In the Styles menu, you can assign a heading to every paragraph.
[01:35:56.520 --> 01:36:03.520]  If you assign a heading to every paragraph using the Styles menu, Microsoft Word will use it.
[01:36:03.520 --> 01:36:09.520]  Microsoft Word will use those styles to create a table of contents.
[01:36:09.520 --> 01:36:15.520]  So instead of three by five cards, you have headings for each paragraph.
[01:36:15.520 --> 01:36:24.520]  And you can grab one of those paragraphs and drag it and drop it somewhere else so you can move them around and get them organized.
[01:36:24.520 --> 01:36:32.520]  When I write these large documents, I am always shifting these paragraphs all over the place.
[01:36:32.520 --> 01:36:39.520]  When you're finished, you can take all those headings out because they take up a lot of space.
[01:36:39.520 --> 01:36:43.520]  But I suggest that you don't.
[01:36:43.520 --> 01:36:47.520]  And it goes to the way the mind does what it does.
[01:36:47.520 --> 01:36:53.520]  You read these legal documents by lawyers and they've got a half a page as one paragraph.
[01:36:53.520 --> 01:36:57.520]  Humans can't make sense of that garbage.
[01:36:57.520 --> 01:37:00.520]  We need things separated into context.
[01:37:00.520 --> 01:37:05.520]  I'm looking at a document that I've written.
[01:37:05.520 --> 01:37:10.520]  This one is a white paper. It's a port letter that I wrote.
[01:37:10.520 --> 01:37:13.520]  And I'm going down through it and I've got all these headings.
[01:37:13.520 --> 01:37:19.520]  The headings brought before Magistrate and Paragraph C.
[01:37:19.520 --> 01:37:31.520]  Paragraph C1, Magistrates Warning, C2, Bail Previously Set, C3, Secret, Secreted from Hearing,
[01:37:31.520 --> 01:37:35.520]  Four, Denied White to Inner Exculpatory Evidence.
[01:37:35.520 --> 01:37:38.520]  I've got one sentence under that.
[01:37:38.520 --> 01:37:43.520]  And there's one above it. I've got two sentences.
[01:37:43.520 --> 01:37:50.520]  So you can go down this document and at each point you know exactly what I'm talking about.
[01:37:50.520 --> 01:37:58.520]  So you read that sentence of those couple sentences from the context of what that heading is.
[01:37:58.520 --> 01:38:03.520]  And you can put this document down and pick it up a week later and look at those headings
[01:38:03.520 --> 01:38:09.520]  and move through it exactly to where you want to be very quickly.
[01:38:09.520 --> 01:38:15.520]  You always know what we're talking about in any single paragraph.
[01:38:15.520 --> 01:38:22.520]  Once you've read this document, you will understand what we're talking about.
[01:38:22.520 --> 01:38:29.520]  You know, I go to all those other rules, never make a proactive statement of life, your own mouth.
[01:38:29.520 --> 01:38:35.520]  All the stuff I've talked about, about how to organize these documents, you've already done that.
[01:38:35.520 --> 01:38:41.520]  But when you actually write it, you write a paragraph at a time and give a heading to that paragraph.
[01:38:41.520 --> 01:38:47.520]  Someone can go down this document one time and they'll know where everything is.
[01:38:47.520 --> 01:38:56.520]  Instead of two pages of one paragraph, and one thing I didn't talk about is how we do quotations.
[01:38:56.520 --> 01:39:01.520]  I do quotations. I shrink the font by two points.
[01:39:01.520 --> 01:39:07.520]  I turn it to italics and shrink both margins by half an inch.
[01:39:07.520 --> 01:39:12.520]  So as you're going down the document, I've got this section that's one and a half lines.
[01:39:12.520 --> 01:39:19.520]  I've got one and a half lines of text and it's separated by a space.
[01:39:19.520 --> 01:39:30.520]  And then I have a section that's single space, smaller font, italics, shrunk each side.
[01:39:30.520 --> 01:39:36.520]  I look at that and I know instantly that is a quotation.
[01:39:36.520 --> 01:39:45.520]  If I already know what the quotation goes to, in this case I'm looking at article 16.01, Texas Code of Criminal Precision, which reads as follows.
[01:39:45.520 --> 01:39:57.520]  Whenever I reference a statute or a case, I put the quotation right there in the document so that the reader doesn't have to say,
[01:39:57.520 --> 01:40:05.520]  okay, I reference for 16.01. They go get the Code of Criminal Procedure and they look up 16.01 and they read that.
[01:40:05.520 --> 01:40:09.520]  Well, that drops them out of mental flow.
[01:40:09.520 --> 01:40:12.520]  I reference 16.01. I got it right there.
[01:40:12.520 --> 01:40:15.520]  As soon as I referenced it, it's right there.
[01:40:15.520 --> 01:40:24.520]  If you know what 16.01 says, you don't have to read this section because you know at one glance that is a quotation.
[01:40:24.520 --> 01:40:30.520]  If I know what it says, I just jump right over to the next set of prose and keep going.
[01:40:30.520 --> 01:40:34.520]  It does not knock me out of flow.
[01:40:34.520 --> 01:40:47.520]  So, and anything I have a question about, when I go through a document, I try to anticipate, what question am I going to create in the mind of my reader?
[01:40:47.520 --> 01:40:56.520]  If I create a question in the mind of my reader and I don't answer that question immediately, I've lost my reader.
[01:40:56.520 --> 01:41:00.520]  He's trying to figure out what I'm talking about while I'm moving ahead.
[01:41:00.520 --> 01:41:05.520]  This is most important when you're doing a verbal presentation.
[01:41:05.520 --> 01:41:18.520]  Most all of us have been to a seminar or in a lecture where the press presenter is talking about something and he says something that causes a question in your mind.
[01:41:18.520 --> 01:41:26.520]  So, you stop and you try to figure out what he's speaking to and by the time you get it figured out, he's moved on ahead.
[01:41:26.520 --> 01:41:28.520]  And now you're playing catch up.
[01:41:28.520 --> 01:41:29.520]  Sometimes you'll get caught up.
[01:41:29.520 --> 01:41:32.520]  Sometimes you won't.
[01:41:32.520 --> 01:41:43.520]  It is the duty of the writer to anticipate those questions and answer them immediately.
[01:41:43.520 --> 01:41:54.520]  Or if you don't answer them immediately, know for certain that you created that question and then maybe a paragraph or two later provide an answer.
[01:41:54.520 --> 01:42:05.520]  And the reader, when you do that, that will establish rapport with the reader on a subliminal level outside their conscious awareness.
[01:42:05.520 --> 01:42:14.520]  On Real Law Radio, we have Legal 101 and I have an extensive treatment of this issue in there.
[01:42:14.520 --> 01:42:22.520]  If you want to be able to write legal documents, first get Jurisdictionary.
[01:42:22.520 --> 01:42:30.520]  Jurisdictionary will tell you all of the things that lawyers don't learn in court.
[01:42:30.520 --> 01:42:33.520]  I'm sorry, that lawyers don't learn in law school.
[01:42:33.520 --> 01:42:38.520]  They don't learn all this stuff until they get out practicing law.
[01:42:38.520 --> 01:42:46.520]  Whenever somebody comes on my show asking questions and they've been through Jurisdictionary, I can tell.
[01:42:46.520 --> 01:42:51.520]  I start making comments and they understand exactly what I'm talking about.
[01:42:51.520 --> 01:42:53.520]  It gives you all the basics.
[01:42:53.520 --> 01:42:59.520]  Once you've done that one, then go to Legal Earth, Legal 101.
[01:42:59.520 --> 01:43:06.520]  Go through Legal 101, it addresses the politics and the basic structure of how these things are done.
[01:43:06.520 --> 01:43:13.520]  You do those two and you will wipe the floor with most living lawyers.
[01:43:13.520 --> 01:43:17.520]  They just don't get this information.
[01:43:17.520 --> 01:43:21.520]  Does that all make sense to you, Steve?
[01:43:21.520 --> 01:43:23.520]  Yes, it does.
[01:43:23.520 --> 01:43:27.520]  Now, here's one thing I do have an issue with.
[01:43:27.520 --> 01:43:37.520]  I have a photographic memory, but when I read things, I have a hard time recalling them.
[01:43:37.520 --> 01:43:46.520]  Is it possible I could see one of your documents or what you wrote to understand about your headings and stuff like that?
[01:43:46.520 --> 01:43:52.520]  Absolutely. Send me an email and I will send you a sample of a document.
[01:43:52.520 --> 01:44:00.520]  I've just sent someone my tort letter that I sent to the courts. Hang on, we'll be right back.
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[01:46:24.520 --> 01:46:33.520]  Okay, we are back. We're in the Calton-Brette-Fountain-Rueva Radio, and we're talking to Steve from Missouri.
[01:46:33.520 --> 01:46:42.520]  Steve, I do need to move on. I've got two more callers and one more segment, but this, I felt like this was important.
[01:46:42.520 --> 01:46:51.520]  I suggest you listen to this two or three times. I have been through this presentation a number of times.
[01:46:51.520 --> 01:46:58.520]  There's a lot of information, and I fed everybody with a fire hose.
[01:46:58.520 --> 01:47:05.520]  This will give you a really strong, basic understanding of how to build legal documents.
[01:47:05.520 --> 01:47:15.520]  And then go through it a couple of times, and then next week, call in and ask me more sophisticated questions.
[01:47:15.520 --> 01:47:18.520]  Okay, I'll do that.
[01:47:18.520 --> 01:47:26.520]  Okay, thank you, Steve. Now I'm going to go to Scott in Michigan. Hello, Scott. What do you have for us today?
[01:47:26.520 --> 01:47:28.520]  Hey, how's it going, Randy?
[01:47:28.520 --> 01:47:37.520]  It's going good, and I'm sorry I used up so much of the time, but I thought this was important. I needed to present it. What do you have for us?
[01:47:37.520 --> 01:47:40.520]  That's okay. I want to say hi to Brett too. How's it going, Brett?
[01:47:40.520 --> 01:47:45.520]  Hi there.
[01:47:45.520 --> 01:47:53.520]  Well, I've been all through the archives for 2020, and I got it done with system where I basically create a transcript for each show.
[01:47:53.520 --> 01:47:57.520]  Three columns, 8.5, and it comes out to about nine pages of show.
[01:47:57.520 --> 01:48:01.520]  Hold on, we have sent that to us.
[01:48:01.520 --> 01:48:03.520]  Okay.
[01:48:03.520 --> 01:48:05.520]  I'll send you a transcript.
[01:48:05.520 --> 01:48:25.520]  Well, Brett, I got a few playlists and timestamps that I think you'll enjoy. I have a playlist called Randy, Clark, and Bach, and that is a playlist which collects every time that Randy taunts his adversaries by making chicken sound effects on the air.
[01:48:25.520 --> 01:48:29.520]  Chicken?
[01:48:29.520 --> 01:48:31.520]  I haven't been doing that.
[01:48:31.520 --> 01:48:36.520]  Yeah, every one of those has been timestamped for future fun.
[01:48:36.520 --> 01:48:48.520]  Brett, I would be indebted to you if you would give us that because it takes us so much time to do these shows. We don't get time to document them the way I'd like to.
[01:48:48.520 --> 01:48:57.520]  We don't have producers to do that for us because we're doing everything, and this way people can go to our archives.
[01:48:57.520 --> 01:49:00.520]  That's really cool. You can search.
[01:49:00.520 --> 01:49:04.520]  That would be incredibly valuable.
[01:49:04.520 --> 01:49:12.520]  Yeah, you could link those so everybody could download them. That'd be awesome to share them with everybody that's following along.
[01:49:12.520 --> 01:49:24.520]  One of the best parts of 2020 I thought was Olivier made mention of the Void for Fagnes statute, and I really thought that was something that could be super useful.
[01:49:24.520 --> 01:49:27.520]  I mean, you could go a million directions with that.
[01:49:27.520 --> 01:49:33.520]  Okay, Olivier was supposed to send me all of his research, and he didn't.
[01:49:33.520 --> 01:49:43.520]  So we need to say really disparaging things about him to embarrass him and get him to send me all this research.
[01:49:43.520 --> 01:49:47.520]  Yeah, I thought that Void for Fagnes was also really interesting.
[01:49:47.520 --> 01:49:56.520]  I've got to tell you about Olivier. He has an interesting name. His name is Martichet Olivier.
[01:49:56.520 --> 01:49:57.520]  Okay, yeah.
[01:49:57.520 --> 01:50:05.520]  He's a black guy. He has long dreadlocks, and he has this look.
[01:50:05.520 --> 01:50:16.520]  He was in court, and I went into court, and I looked at him, and I thought, this is not a guy that I would want to meet in a dark alley.
[01:50:16.520 --> 01:50:35.520]  He has a really tough look, and then he stands up in front of the court and opened his mouth, and I thought, holy mackerel, this was such a dichotomy.
[01:50:35.520 --> 01:50:51.520]  This guy, when he opened his mouth, he wound their clock. His speech was eloquent. What he delivered was extremely well presented.
[01:50:51.520 --> 01:50:57.520]  It was such a study in contrast. I was impressed.
[01:50:57.520 --> 01:51:09.520]  And the guy is really good. So I was really impressed with Olivier. I went to watch him in Clarksville, Tennessee, in front of a court.
[01:51:09.520 --> 01:51:20.520]  And I'm watching the other people in the court, and they're looking at him like, I don't believe what he's saying is coming out of his mouth.
[01:51:20.520 --> 01:51:35.520]  Because you look at this big, bony, rough-looking black guy with long dreadlocks, and he opens his mouth, and he's more articulate than the lawyers.
[01:51:35.520 --> 01:51:40.520]  It was incredible.
[01:51:40.520 --> 01:51:52.520]  Okay, but we do need to embarrass him and get him to come up with this. This argument for vagueness was really a great argument.
[01:51:52.520 --> 01:52:01.520]  So we make sure we want to harass him and make sure he gets it to us. Okay, I'm sorry. Go ahead. We're short on time, and I don't want to take up all your time.
[01:52:01.520 --> 01:52:07.520]  Just getting really tickled about all the ways we can sting him, right?
[01:52:07.520 --> 01:52:10.520]  Well, I didn't understand that.
[01:52:10.520 --> 01:52:17.520]  I said I had one of your comic book moments when Olivier explained that, like just thinking about all the ways we can sting him, right?
[01:52:17.520 --> 01:52:29.520]  Yes. Olivier is great. If I could just get him to follow through with all that documentation he's supposed to present us.
[01:52:29.520 --> 01:52:46.520]  So a couple questions that came up. One would be on jurisdiction. Not to put the dime putter on a dime of your own, Randy, but I just want to see if there's a way to clarify the difference between the two ways of thinking about it.
[01:52:46.520 --> 01:53:00.520]  On one side, I heard you say it's not the prosecutor's job to prove jurisdiction, and on the other side, I heard you say, have the judge tell the prosecutor to prove it up.
[01:53:00.520 --> 01:53:11.520]  So my understanding is that jurisdiction is an essential element of a case that the prosecutor should submit factual evidence for.
[01:53:11.520 --> 01:53:24.520]  Okay, jurisdiction is a threshold issue. The threshold, the judge cannot step into the court until he has shown that he has jurisdiction.
[01:53:24.520 --> 01:53:44.520]  And the judge is the one who is attempting to order people to do things. He's the one that needs, that has to show that he has authority to order people to do what he's ordering them to do.
[01:53:44.520 --> 01:54:00.520]  But normally he doesn't do that. He will expect the lawyer on the other side to prove up his jurisdiction for him because he don't care.
[01:54:00.520 --> 01:54:17.520]  The lawyer, the other side is the one that wants the judge to rule in his favor. So the judge is up there. You started this fight. You want me to exercise jurisdiction. I'm not going to do all this research.
[01:54:17.520 --> 01:54:25.520]  I don't care if I have jurisdiction or not. If you want me to have jurisdiction, you're going to have to show how I have jurisdiction.
[01:54:25.520 --> 01:54:38.520]  But from my perspective, as the opposing side, I don't care what that other lawyer thinks. The other lawyer is not ordering me to do things.
[01:54:38.520 --> 01:54:49.520]  You judge, you're ordering me to do something. And when you order me to do something, you better be able to show that you have power to do that.
[01:54:49.520 --> 01:55:03.520]  So it's about perspective. So the judge is going to say, okay, this guy wants me to show that I have jurisdiction. You're the one that asking me to do something. You show this guy how I have jurisdiction.
[01:55:03.520 --> 01:55:13.520]  I'm not going to. I don't care because if I don't have jurisdiction, I'll go play golf instead of sitting in this hearing.
[01:55:13.520 --> 01:55:15.520]  Does that make sense?
[01:55:15.520 --> 01:55:30.520]  Yes, but the way to keep the judge on your side and put the prosecutor on a dime is when you go to arraignment, you ask the judge if the prosecutor has submitted any evidence that the factual evidence that proves the element of jurisdiction.
[01:55:30.520 --> 01:55:45.520]  And then it's on the prosecutor to say what he has because all you have to do is, because zero evidence of jurisdiction isn't enough, all you have to do is get the judge to admit that nothing has been submitted and there's zero evidence of jurisdiction.
[01:55:45.520 --> 01:55:47.520]  Therefore, they don't have it.
[01:55:47.520 --> 01:55:50.520]  And yes, that is a good point.
[01:55:50.520 --> 01:55:52.520]  That sounds like a great way to put it.
[01:55:52.520 --> 01:56:10.520]  Yeah, never pick a fight unless you have to. So no reason to fight with the judge unless you have to. So if you can put the responsibility off on the prosecution, then when you tell the judge why you don't have any jurisdiction here, he's not going to be offended.
[01:56:10.520 --> 01:56:18.520]  Exactly. That's the way of keeping the judge on your side and pointing to the prosecutor's failure to state his case completely.
[01:56:18.520 --> 01:56:23.520]  Yeah, I really like that angle asking the question about the evidence submitted.
[01:56:23.520 --> 01:56:41.520]  Yeah, yeah, I do too, because now you're not accusing the judge of exerting or purporting to exerting authority. He does not expressly have you're accusing the prosecutor of not giving the judge what he needs to be able to rule in the case.
[01:56:41.520 --> 01:56:48.520]  So the judge has plausible deniability. He doesn't feel like the bad guy, and he doesn't feel like he's being attacked.
[01:56:48.520 --> 01:56:55.520]  I very much like that. And that goes to pick your fights real careful.
[01:56:55.520 --> 01:57:03.520]  Yeah, objection point of clarification. Has the prosecutor submitted any evidence that proves the element of jurisdiction?
[01:57:03.520 --> 01:57:05.520]  You know, that's how I did the whole thing.
[01:57:05.520 --> 01:57:12.520]  Or objection, the prosecutor has not presented any evidence to show that you have jurisdiction.
[01:57:12.520 --> 01:57:24.520]  See, I would not make a claim. I would not make a claim. That's projecting law out of your own mouth. I would ask the judge if the prosecutor has submitted any evidence.
[01:57:24.520 --> 01:57:30.520]  Brett, he just accused me of making a mistake.
[01:57:30.520 --> 01:57:36.520]  The worst part about that is he's right. I like his yes to fair point.
[01:57:36.520 --> 01:57:40.520]  It is a good point. Exactly.
[01:57:40.520 --> 01:57:45.520]  I'd like no point in making it because then the burden of proof is on you.
[01:57:45.520 --> 01:57:50.520]  Exactly. This is this is how we increase our sophistication.
[01:57:50.520 --> 01:57:53.520]  Scott, that is great.
[01:57:53.520 --> 01:58:01.520]  Oh my goodness, John, I know you're waiting there and I apologize. We are running out of time.
[01:58:01.520 --> 01:58:09.520]  I know you had you were only going to take 45 seconds, but we only got 45 seconds left.
[01:58:09.520 --> 01:58:18.520]  Send me an email of what you wanted to address. I'm sorry we didn't get to you and Scott. I'm really glad we got to you.
[01:58:18.520 --> 01:58:22.520]  Send me an email. I want to talk to you offline, Scott.
[01:58:22.520 --> 01:58:24.520]  I'm good.
[01:58:24.520 --> 01:58:29.520]  Thank you. We are out of time. Randy Kelton, Brett Fountain, Ruva Radio.
[01:58:29.520 --> 01:58:36.520]  We'll be back next week on our regular two hour on Thursday, four hour on Friday.
[01:58:36.520 --> 01:58:41.520]  Thank you all for listening and good night.
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