ROL_2021-05-20_16k.timecode

[00:00.000 --> 00:06.900]  The following news flash is brought to you by The Lone Star Lowdown.
[00:06.900 --> 00:13.200]  Markets for Monday the 22nd of July 2019 open with precious metals, gold $1,429 an ounce,
[00:13.200 --> 00:21.520]  silver $16.45 an ounce, copper $2.75 an ounce, oil Texas crude $55.63 a barrel, Brent crude
[00:21.520 --> 00:29.840]  $62.47 a barrel, and cryptos in order of market cap, Bitcoin Core $10,566.52, Ethereum
[00:29.840 --> 00:41.600]  $227.26, XRP Ripple $0.33, Litecoin $100.31, and Bitcoin Cash is at $324.10 a crypto coin.
[00:46.080 --> 00:52.560]  Today in history, the year 1916, the preparedness day bombing, a time suitcase bomb was detonated
[00:52.560 --> 00:57.920]  on Market Street in San Francisco during the World War I preparedness day parade, killing
[00:57.920 --> 01:01.120]  10 and injuring 40.
[01:01.120 --> 01:09.600]  And recent news, since Governor Greg Abbott signed House Bill 1325 legalizing HEP into
[01:09.600 --> 01:14.400]  taxes law back in June, county prosecutors around the state including Houston, Austin,
[01:14.400 --> 01:19.000]  San Antonio have been dropping marijuana possession charges and even refusing to file new ones
[01:19.000 --> 01:22.960]  since they are stipulating that they do not have the time or the laboratory equipment to
[01:22.960 --> 01:28.160]  test the herb for THC. Margaret Moore, the Travis County District Attorney, announced earlier this
[01:28.160 --> 01:33.520]  month that she was dismissing 32 felony possession and delivery of marijuana cases because of the law.
[01:33.520 --> 01:37.760]  Mr. Abbott and other state officials, including the Attorney General stipulated in a letter
[01:37.760 --> 01:42.320]  that county district attorneys back on Thursday that marijuana has not been decriminalized in
[01:42.320 --> 01:48.160]  Texas and that these actions demonstrate a misunderstanding of how HB 1325 works,
[01:48.160 --> 01:54.480]  as well as other cities too like the District Attorney in El Paso, Cayma Esparza, a Democrat
[01:54.480 --> 01:59.760]  who also stated earlier this month that the law, quote, will not have an effect on the prosecution
[01:59.760 --> 02:05.200]  of marijuana cases in El Paso. However, the issue was succinctly summarized by Mr. Brandon Ball,
[02:05.200 --> 02:09.920]  an assistant public defender in Harris County, who stated that quote, the law is constantly
[02:09.920 --> 02:14.320]  changing on what makes something illegal based on its chemical makeup. It's important that if
[02:14.320 --> 02:18.160]  someone is charged with something, the test matches what they're charged with.
[02:22.640 --> 02:27.280]  A paper by Tulane University identified a five and a half inch American pocket shark,
[02:27.280 --> 02:32.080]  as the first of its kind in the Gulf of Mexico, the specimen being only the second
[02:32.080 --> 02:37.760]  pocket shark ever captured or recorded with the other one being found way back in 1979
[02:37.760 --> 02:42.320]  in the East Pacific Ocean. According to the university paper, the shark secretes a luminous
[02:42.320 --> 02:48.960]  fluid from a gland near its front fins for the purposes hypothesized to lure and prey
[02:48.960 --> 03:16.400]  who may be drawn into the glow. This is Wolf Rody of your lowdown for July 22, 2019.
[03:19.280 --> 03:22.960]  Tell me what you wanna do, what you gonna do?
[03:25.680 --> 03:32.640]  Yeah, bad boys, bad boys, what you gonna do, what you gonna do when they come for you?
[03:32.640 --> 03:38.320]  Bad boys, bad boys, what you gonna do, what you gonna do when they come for you?
[03:38.320 --> 03:43.840]  When you were eight and you had bad dreams, you go to school and learn to golden rules.
[03:43.840 --> 03:49.920]  So why are you acting like a bloody fool? If you get high and your monster is cool, bad boys,
[03:49.920 --> 03:54.800]  bad boys, what you gonna do, what you gonna do when they come for you?
[03:54.800 --> 04:00.480]  Bad boys, bad boys, what you gonna do, what you gonna do when they come for you?
[04:30.480 --> 04:35.120]  what you gonna do when they come for you nobody now give you no break
[04:35.120 --> 04:40.480]  police now give you no break that tall soldier manna give you no break
[04:40.480 --> 04:43.200]  not keeping your eyes you're not giving no break
[04:43.200 --> 04:49.320]  bad boy, bad boy, what you gonna do, what you gonna do when they come for you
[04:49.320 --> 04:53.520]  bad boy, bad boy, what you gonna do, what you gonna do
[04:53.520 --> 04:58.760]  okay howdy howdy this is Randy Kelton Brett Fountain Rural Law Radio on this
[04:58.760 --> 05:08.080]  Thursday the 20th day of May 2021 Brett's not here today I'm not sure what
[05:08.080 --> 05:13.600]  happened to him he may show up later but I'm gonna turn the phone lines on
[05:13.600 --> 05:22.360]  I'll keep them on all night I am having a little issue on my side my signal is
[05:22.360 --> 05:29.240]  it was breaking up when I went on the producer board so if my signal is breaking
[05:29.240 --> 05:41.480]  up let me know send me a text to Randy I'm sorry send a text to 940-399-9922
[05:41.480 --> 05:47.720]  and let me know if I'm breaking up on the air okay phone lines are on call in
[05:47.720 --> 05:55.760]  number 512-646-1984 I'm kind of here all by myself tonight so I'm running the
[05:55.760 --> 06:01.000]  board I'm producing the show and doing the show sometimes that gets a little
[06:01.000 --> 06:07.000]  complex so if I seem like I'm getting a little confused it's because I'm old and
[06:07.000 --> 06:13.880]  I don't multitask well well I'll start out with what we've got going on it
[06:13.880 --> 06:24.160]  seems as though this complaint I filed with the governor and the governor
[06:24.160 --> 06:29.720]  rescinded all of his executive orders the same week my complaints went to the
[06:29.720 --> 06:36.920]  grand jury that has pretty well gotten out on the internet and I'm getting a lot
[06:36.920 --> 06:47.320]  of response to it and people want to know more about what we're doing the radio
[06:47.320 --> 06:53.200]  show is real helpful in that regard if you listen to it on a regular basis but
[06:53.200 --> 06:59.720]  there is a lot of information that I have available that I don't have time to
[06:59.720 --> 07:08.040]  go over on the radio show so years ago I used to do seminars and pretty well
[07:08.040 --> 07:14.960]  decided to start that again so if anybody is interested in a two-day seminar I
[07:14.960 --> 07:26.440]  will go through just about everything that's in the legal 101 plus a whole
[07:26.440 --> 07:34.240]  other couple of sections of information that's not in legal 101 so if any of
[07:34.240 --> 07:39.480]  you are interested see me an email let me know I want to see how much interest I
[07:39.480 --> 07:47.000]  have in doing those and I expect I have a seminar coming up that we're trying to
[07:47.000 --> 07:52.800]  get scheduled in North Carolina that will kind of be my that people there
[07:52.800 --> 07:58.400]  will be my crash dummies so I can run through the new program and see well
[07:58.400 --> 08:06.840]  how well I got it lined out so if you're interested let me know I don't see
[08:06.840 --> 08:14.760]  anyone on the callboard I'm not sure if that's even working checking my Skype
[08:14.760 --> 08:22.080]  there's nothing on my Skype if anyone wants to Skype me I probably should do
[08:22.080 --> 08:30.400]  this on every show if you have Skype look up rule dude R U L E D U D E and
[08:30.400 --> 08:35.120]  senior Skype if you have a question a lot of times people listening have
[08:35.120 --> 08:39.920]  questions and I while I'm doing the show I simply don't have time to check my
[08:39.920 --> 08:46.360]  email and we don't have producers because we're kind of do the show on a
[08:46.360 --> 08:53.320]  suestring the producer I mean the the broadcasters get the host mostly paid
[08:53.320 --> 08:58.960]  for it to keep this thing on there ourselves so we don't have a lot of
[08:58.960 --> 09:06.560]  extra funds to bring in extra people so it gets kind of busy but I can keep Skype
[09:06.560 --> 09:12.080]  open and then if you have a question or comment then I can address it if you
[09:12.080 --> 09:18.160]  can't call me and if you want to listen to the show there's a listen line on the
[09:18.160 --> 09:29.680]  website but there's also a an outfit called Texas Liberty TXLR Texas Liberty
[09:29.680 --> 09:37.880]  Radio if you go to TXLR.com you can call it from your cell phone and it will
[09:37.880 --> 09:45.120]  stream the show live it will stream whatever's going out live at the moment
[09:45.120 --> 09:49.720]  so that way you can be sure you're not listening to an archive unless so we
[09:49.720 --> 09:54.000]  can't do a show and I almost put in an archive today because I wasn't sure if
[09:54.000 --> 09:59.160]  everything is working right I'm still not sure if everything is working right
[09:59.160 --> 10:06.240]  because generally we pick up calls pretty early so while I'm talking here I
[10:06.240 --> 10:12.440]  will just run a check if the system is crashing I'll have to shut it down and I
[10:12.440 --> 10:20.640]  don't want to have to do that I will call the number myself and make sure it's
[10:20.640 --> 10:28.200]  working if I can remember what the number is okay that was a joke two six four
[10:28.200 --> 10:37.320]  six one nine eight four okay if I don't come up on the call board that means
[10:37.320 --> 10:43.440]  I'm probably not going out and I'll hit the panic button and send this to an
[10:43.440 --> 10:53.960]  archive until we can get this checked out okay looks like my call boards are
[10:53.960 --> 11:01.600]  not turned on maybe I can turn them on I can produce the show I'm just not very
[11:01.600 --> 11:13.720]  good at it let's see hang on be patient with me I'm looking at these screens
[11:13.720 --> 11:35.960]  connect to call board well I did it there you are oh but I am checking to see if
[11:35.960 --> 11:41.840]  the call boards working I called it it didn't work have you been on I know that
[11:41.840 --> 11:46.120]  yeah I've been here and I've been trying to connect myself this type workstation
[11:46.120 --> 11:56.120]  was acting weird but yeah I don't know if we're going out we can get this yeah I
[11:56.120 --> 12:00.560]  just got a text from somebody says they're listening okay so they can hear
[12:00.560 --> 12:08.160]  us texting back see if we're breaking up okay call board's not working I'm
[12:08.160 --> 12:21.720]  trying to get it working I just told it to call a bridge guest bridge live okay
[12:21.720 --> 12:27.680]  I connected to the call board let me try it again on the from the producer
[12:27.680 --> 12:42.160]  bridge I hope I'm hitting the right one says phones are currently on yes I know
[12:42.160 --> 12:52.240]  but when I call it I can't get through so why don't you call Deb and see if she's
[12:52.240 --> 12:57.960]  got enough time on this thing see she knows what's the deal she's setting up
[12:57.960 --> 13:03.240]  to do a gig so she won't do it she won't be happy I'd rather her chew you out than
[13:03.240 --> 13:11.440]  me thanks I'll check back in a minute okay I've got some messages here it
[13:11.440 --> 13:15.760]  looks like it's from Bob in California says he can hear it good on his side but
[13:15.760 --> 13:22.600]  no phones okay so everybody can hear me there's just no phones okay then I'm
[13:22.600 --> 13:37.720]  the important part right yeah okay okay okay so I'm looking to set up some
[13:37.720 --> 13:45.920]  seminars and I'm hoping to vote Brett into participating with it since this
[13:45.920 --> 13:55.600]  governor deal we're getting a lot of interest and it's our time if ever there
[13:55.600 --> 14:03.680]  was a time when everybody's awake this is it and I had someone in send me a
[14:03.680 --> 14:11.160]  text and said that they believe they were put on the planet to be here at this
[14:11.160 --> 14:17.080]  time doing this thing and I tend to agree with them that's why I was pushed
[14:17.080 --> 14:23.840]  here I once had a conversation I would well had a slightly near-death
[14:23.840 --> 14:29.400]  experience I was welding inside of a 10,000 gallon tank and I kind of blew
[14:29.400 --> 14:35.680]  it up a little bit it wasn't a huge explosion and fortunately I was inside
[14:35.680 --> 14:41.160]  the tank so the explosion exploded out and didn't get me and we were that
[14:41.160 --> 14:45.440]  evening we were talking about the trading near-death experiences with guys
[14:45.440 --> 14:50.760]  that owned the place he would tell one I would tell one he would tell one he got
[14:50.760 --> 14:57.120]  he ran out I kept going and finally he said what and the world are you doing
[14:57.120 --> 15:05.480]  here and I told him I have no idea I absolutely should not be here that have
[15:05.480 --> 15:11.920]  been kept here for some reason and I believe this is the reason right time
[15:11.920 --> 15:21.040]  right place right information so we're gonna start doing some seminars to see
[15:21.040 --> 15:28.480]  if we can get this word out and Brett no he brought on he's talking okay you
[15:28.480 --> 15:34.280]  were talking to I sent a friend of mine to to Brett the other day about bar
[15:34.280 --> 15:43.360]  grievances he is in an issue with the HOA and I we worked together did
[15:43.360 --> 15:48.880]  foreclosures together for several years but he hasn't bargeried any of them
[15:48.880 --> 15:53.040]  hasn't filed any criminal complaints I talked to him and he's upset about it
[15:53.040 --> 16:01.640]  about what they're doing but people tend to be reluctant to go after the actors
[16:01.640 --> 16:07.280]  I don't know if it's left over from school I know David he's an old jarhead
[16:07.280 --> 16:12.840]  he's in the military and they're not too big about going after the the higher
[16:12.840 --> 16:20.920]  ups so it takes a bit my clock just blanked out I think I'm about out of
[16:20.920 --> 16:28.440]  time oh I got 58 seconds okay so they're reluctant to to poke the bear so to
[16:28.440 --> 16:36.560]  speak and the thing that I found out is these guys want you to be reluctant to
[16:36.560 --> 16:43.760]  poke the bear because poking the bear is their weakness they will do everything
[16:43.760 --> 16:54.680]  they can to hide them from hang on only nice ready Kelton Brett fountain
[16:54.680 --> 17:06.880]  real-life radio we'll be right back it's the 2019 logos radio network annual
[17:06.880 --> 17:11.720]  fundraiser and gun giveaway sponsored by Central Texas Gun Works go to logos
[17:11.720 --> 17:16.880]  radio network calm and enter to win any amount is appreciated everything helps
[17:16.880 --> 17:21.720]  to keep us on the air from Central Texas Gun Works the grand prize up for grabs
[17:21.720 --> 17:27.960]  is a spiked tactical AR 15 more prizes and sponsors to be announced every 25
[17:27.960 --> 17:32.400]  dollar donation is a chance to win when you purchase Randy Kelton's e-book
[17:32.400 --> 17:37.680]  legal 101 you get four chances to win purchase Eddie Craig's traffic seminar
[17:37.680 --> 17:42.280]  and get 10 chances to win if you've enjoyed the shows on logos radio network
[17:42.280 --> 17:46.320]  support our fundraiser so we can keep bringing you the best quality
[17:46.320 --> 17:51.240]  programming on talk radio today we also accept Bitcoin and other cryptocurrencies
[17:51.240 --> 17:56.720]  and remember every 25 dollar donation is a chance to win go to logos radio
[17:56.720 --> 18:03.360]  network calm for details and donate today logos radio network welcomes a new
[18:03.360 --> 18:07.880]  show to our lineup for the new year scripture talk with Nana will begin
[18:07.880 --> 18:13.320]  Wednesday January 8th from 8 to 10 p.m. central time our goal is in accord with
[18:13.320 --> 18:18.280]  Matthew 516 let your light so shine before men that they may see your good
[18:18.280 --> 18:23.360]  works and glorify your father which is in heaven we wish to reflect God's light
[18:23.360 --> 18:28.120]  and be a blessing to all those with a hearing ear join Nana and guests for
[18:28.120 --> 18:32.320]  both verse by verse Bible studies and topical Bible studies designed to
[18:32.320 --> 18:37.360]  provoke onto love and good works our verse by verse Bible studies will begin
[18:37.360 --> 18:42.000]  in the book of Matthew where we will discuss one chapter per week our topical
[18:42.000 --> 18:46.600]  Bible studies will vary each week and will explore sound doctrine as well as
[18:46.600 --> 18:51.000]  Christian character development so mark your calendar and join us live on
[18:51.000 --> 18:57.240]  logos radio network calm Wednesdays from 8 to 10 p.m. starting January 8th for an
[18:57.240 --> 19:01.880]  inspiring and motivating discussion of the scriptures
[19:01.880 --> 19:22.320]  listening to the logo radio network logo radio network.com
[19:22.320 --> 19:44.320]  we ask the question
[19:44.320 --> 20:04.600]  Okay, we are back, Randy Kelton, Brett Fountain, Rue's Law Radio, and Brett, nine lawyers?
[20:04.600 --> 20:10.760]  Yeah, yeah, well Patty, I think she's gonna call in here when we get the caller board
[20:10.760 --> 20:19.080]  going again, but Patty had a hearing a couple of months ago to see whether or not this law
[20:19.080 --> 20:24.400]  firm was gonna be allowed to foreclose on her house that was already paid off years
[20:24.400 --> 20:33.240]  ago by her mother, and so she got a ruling in her favor a couple of months ago, and
[20:33.240 --> 20:41.080]  well, if the first lawyer who had gotten bar-grieved was just gone already, poof, doesn't even
[20:41.080 --> 20:46.800]  work there anymore, so the second lawyer steps up and well he was an arrogant little
[20:46.800 --> 20:54.040]  guy, he's over there on the zoom call making faces and, you know, acting just generally
[20:54.040 --> 21:02.240]  ignorant, and the judge called him out for that, some of you people might have seen him,
[21:02.240 --> 21:06.560]  but anyway, she got a ruling in her favor and the judge said, no, you're not allowed
[21:06.560 --> 21:15.160]  to foreclose, he's looking over the pleadings and it was pretty overwhelmingly in Patty's
[21:15.160 --> 21:23.000]  favor, well, so that attorney decided he didn't like that ruling and he wanted to ask the
[21:23.000 --> 21:28.560]  judge for a re-hearing, you know, vacate your bad order and issue a better ruling, here's
[21:28.560 --> 21:36.560]  what you should have ruled, and I guess he missed the part that this particular kind
[21:36.560 --> 21:46.920]  of hearing, it specifically says in the rules, that's not allowed, this is an expedited foreclosure
[21:46.920 --> 21:53.840]  hearing, he had filed for an expedited foreclosure, which means he doesn't have a chance to challenge
[21:53.840 --> 21:59.320]  the ruling, afterwards, if he wants to challenge what the judge found, he has to start a brand
[21:59.320 --> 22:03.200]  new suit, that's what the rule says, it's really clear, it's explicit, but he didn't
[22:03.200 --> 22:10.600]  do that, instead, he decided he wanted to challenge it, so you know me, Randy, I like
[22:10.600 --> 22:16.200]  to make him a little bit embarrassed when they do things like that, so he got not only
[22:16.200 --> 22:20.920]  a bar grievance, all of the partners in his law firm got a bar grievance, and then one
[22:20.920 --> 22:24.600]  other lawyer that didn't have anything to do with anything, not a partner or anything,
[22:24.600 --> 22:33.440]  just some random lawyer made him aware of their misdeeds, so now that guy has, according
[22:33.440 --> 22:42.080]  to the Texas rules that the lawyers have to follow, that random dude now has a responsibility
[22:42.080 --> 22:50.640]  to either A, bar grieve Garcia, or B, turn Garcia into the drug rehab, if he thinks maybe
[22:50.640 --> 22:55.920]  that was because of drug addiction, he doesn't have to bar grieve, he could have turned him
[22:55.920 --> 23:05.960]  in for rehab, so, well, after all of that, you know, so that was, let's see, one, two
[23:05.960 --> 23:13.480]  lawyers up front, and then six partners in the firm, and then one random lawyer, it's
[23:13.480 --> 23:19.320]  not a partner, but he was made aware, so that's nine, and today we had a tenth lawyer appear
[23:19.320 --> 23:27.080]  at a hearing, and you know what, he started out telling the judge, well, your honor,
[23:27.080 --> 23:34.440]  my, this is going to be a little awkward because, well, I'm not sure the court has jurisdiction
[23:34.440 --> 23:45.000]  to hear my motion, and he was right, he had read the pleadings, he had read the objection
[23:45.000 --> 23:50.640]  that this patty had in the record, he knew, they were all very embarrassed, and didn't
[23:50.640 --> 23:56.080]  have a way out of it, so he started out by just putting it out there, well, I'm not sure
[23:56.080 --> 24:04.000]  the court has the ability to even hear this, and so the court denied the motion to vacate,
[24:04.000 --> 24:09.720]  which left the patty in a good position, and unfortunately the court also denied the motion
[24:09.720 --> 24:15.360]  for sanctions against the attorneys, which would have landed her at $964,000, is what
[24:15.360 --> 24:20.880]  she was asking for, and you know, of course, we went through exactly how the math of how
[24:20.880 --> 24:27.600]  it got there, it wasn't just a random number, it was all laid out there in the pleadings,
[24:27.600 --> 24:32.040]  but he denied sanctions, he says, well, I don't really feel like this was a frivolous
[24:32.040 --> 24:40.760]  motion, so I'm going to deny the sanctions.
[24:40.760 --> 24:46.000]  Lawyer number 10, and she's still in her house.
[24:46.000 --> 24:49.400]  And it sounds like lawyer number 10 is tippy-toeing.
[24:49.400 --> 24:52.400]  Yes, it does.
[24:52.400 --> 24:53.400]  Good.
[24:53.400 --> 25:00.640]  We had someone a couple weeks ago call in, I think he was out of Georgia, where he had
[25:00.640 --> 25:09.320]  a property with a land patent, and the tax assessor sold it for taxes that he couldn't
[25:09.320 --> 25:15.720]  collect, and the guy who bought it at the tax sale had a lawyer contact him.
[25:15.720 --> 25:22.800]  He bargrewed the lawyer, the next thing he hears from him, he gets a suit to take the
[25:22.800 --> 25:31.480]  property sent pro se.
[25:31.480 --> 25:40.960]  It seems like his lawyer hit the road and told everybody else, and he was chuckling
[25:40.960 --> 25:48.280]  about that, and then Tina, she had a lawyer in a bankruptcy proceeding that was being
[25:48.280 --> 25:55.040]  a real stinker that bargrewed him, and he withdrew from the case.
[25:55.040 --> 25:56.040]  She let him withdraw?
[25:56.040 --> 25:57.040]  Oh, come on.
[25:57.040 --> 25:59.040]  I'm not heard better than that.
[25:59.040 --> 26:02.840]  No, it wasn't her lawyer, it was the one on the other side.
[26:02.840 --> 26:04.160]  Oh, okay.
[26:04.160 --> 26:07.920]  He was being a real stinker through it.
[26:07.920 --> 26:12.360]  So I'm doing some research now on how to sue lawyers.
[26:12.360 --> 26:20.920]  If the lawyer, if you're not the lawyer's client, then for the most part you can't
[26:20.920 --> 26:27.360]  sue a lawyer you're not in contractual privity with.
[26:27.360 --> 26:34.520]  Contractual privity means that you have a contract together, except for false and misleading
[26:34.520 --> 26:37.160]  statements.
[26:37.160 --> 26:46.240]  Remember if the lawyer does something that is not done in the course of his representation,
[26:46.240 --> 26:53.280]  then that goes to any criminal act, because criminal acts are not a part of the lawyer's
[26:53.280 --> 26:55.200]  duty to his client.
[26:55.200 --> 26:56.400]  Never in scope.
[26:56.400 --> 27:03.840]  So I'll be briefing that out, and I'll try to put together some guidelines on not so
[27:03.840 --> 27:15.120]  much how to sue them, but how to make a claim or maneuver them into a place where you can
[27:15.120 --> 27:18.000]  sue them.
[27:18.000 --> 27:24.560]  And you've already got a foot up on that, because your style, you have a way of really
[27:24.560 --> 27:27.560]  infuriating them.
[27:27.560 --> 27:32.200]  That's as bad as a compliment.
[27:32.200 --> 27:33.200]  Absolutely.
[27:33.200 --> 27:46.440]  Brett has a way of turning a phrase that is facially polite, but absolutely demeaning.
[27:46.440 --> 27:47.840]  And I love it.
[27:47.840 --> 27:56.320]  I just did a presentation on a podcast for Scott Richardson about this issue.
[27:56.320 --> 28:03.800]  Scott has come up with the idea of bar-grieving politicians who have bar cards.
[28:03.800 --> 28:12.000]  We're all complaining about these politicians and complaining that they're all lawyers,
[28:12.000 --> 28:17.560]  and Scott come up with the idea and say, wait a minute, if they're lawyers, we can
[28:17.560 --> 28:20.400]  grieve them.
[28:20.400 --> 28:33.040]  So he's got this large group on his YouTube channel, and he's trying to teach them how
[28:33.040 --> 28:34.840]  to bar grieve.
[28:34.840 --> 28:39.840]  I did a presentation on that today, and I talked to Scott.
[28:39.840 --> 28:47.320]  He called into my show, and he had this idea to bar grieve politicians who had bar cards.
[28:47.320 --> 28:55.640]  And I told him, Scott, that is really pretty stinking rotten and low down.
[28:55.640 --> 29:03.120]  That's about as low down, dirty a trick as you can pull on a poor, unsuspecting lawyer.
[29:03.120 --> 29:06.080]  I love it.
[29:06.080 --> 29:07.080]  This is great.
[29:07.080 --> 29:12.160]  I wish I had come up with it.
[29:12.160 --> 29:19.000]  So this seems to be turning into the most powerful tool we have, along with complaints
[29:19.000 --> 29:27.920]  against other public officials like TECO complaints against police officers.
[29:27.920 --> 29:30.800]  That turns out to be a really powerful tool to use.
[29:30.800 --> 29:39.960]  Since the call board's not working, when we come back, I will talk about how you can never
[29:39.960 --> 29:44.440]  expect to win your case simply because you have the law and the facts on your side that
[29:44.440 --> 29:50.640]  you can only expect to win if you have the politics on your side, probably the most important
[29:50.640 --> 29:51.640]  concept to understand.
[29:51.640 --> 30:02.120]  Hang on, Randy Kelton, Brett Fountain, Lula La Radio, we'll be right back.
[30:02.120 --> 30:06.200]  Businesses ask you for a lot of personal information, and you may trust them to keep it safe.
[30:06.200 --> 30:10.880]  But it turns out that even the most trusted companies may be unwittingly revealing your
[30:10.880 --> 30:11.880]  secrets.
[30:11.880 --> 30:16.320]  I'm Dr. Catherine Albrecht, and I'll be right back with details.
[30:16.320 --> 30:17.880]  Privacy is under attack.
[30:17.880 --> 30:21.480]  When you give up data about yourself, you'll never get it back again.
[30:21.480 --> 30:26.240]  And once your privacy is gone, you'll find your freedoms will start to vanish, too.
[30:26.240 --> 30:31.320]  So protect your rights, say no to surveillance, and keep your information to yourself.
[30:31.320 --> 30:34.000]  Privacy, it's worth hanging onto.
[30:34.000 --> 30:38.320]  This public service announcement is brought to you by StartPage.com, the private search
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[30:54.720 --> 30:56.400]  It's not an idle question.
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[31:01.560 --> 31:04.040]  breached by hackers in the last year.
[31:04.040 --> 31:07.560]  That's one more reason you should trust your searches to StartPage.com.
[31:07.560 --> 31:12.320]  Unlike other search engines, StartPage doesn't store any data on you.
[31:12.320 --> 31:15.880]  They've never been hacked, but even if they were, there would be nothing for criminals
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[31:17.880 --> 31:21.560]  Too bad other companies don't treat your data the same way.
[31:21.560 --> 31:23.440]  I'm Dr. Catherine Albrecht.
[31:23.440 --> 31:31.200]  More news and information at CatherineAlbrecht.com.
[31:31.200 --> 31:32.200]  I lost my son.
[31:32.200 --> 31:33.200]  My nephew.
[31:33.200 --> 31:34.200]  My uncle.
[31:34.200 --> 31:35.200]  My son.
[31:35.200 --> 31:36.200]  On September 11th, 2001.
[31:36.200 --> 31:39.440]  Most people don't know that a third tower fell on September 11th.
[31:39.440 --> 31:43.760]  World Trade Center 7, a 47-story skyscraper, was not hit by a plane.
[31:43.760 --> 31:47.480]  Well, the official explanation is that fire brought down building 7.
[31:47.480 --> 31:52.280]  Over 1,200 architects and engineers have looked into the evidence and believed there is more
[31:52.280 --> 31:53.280]  to the story.
[31:53.280 --> 31:54.680]  Bring justice to my son.
[31:54.680 --> 31:55.680]  My uncle.
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[31:56.680 --> 31:57.680]  My son.
[31:57.680 --> 31:58.680]  Go to building what.org.
[31:58.680 --> 32:01.760]  And tell why it matters as what you can do.
[32:01.760 --> 32:05.560]  Rule of Law Radio is proud to offer the Rule of Law Traffic Seminar.
[32:05.560 --> 32:09.240]  In today's America, we live in a us against them society, and if we, the people, are ever
[32:09.240 --> 32:13.240]  going to have a free society, then we're going to have to stand and defend our own rights.
[32:13.240 --> 32:16.440]  Among those rights are the right to travel freely from place to place, the right to
[32:16.440 --> 32:20.640]  act in our own private capacity, and most importantly, the right to due process of law.
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[32:29.840 --> 32:33.600]  most comprehensive teaching tool available that will help you understand what due process
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[33:25.360 --> 33:42.360]  Okay, we are back, we're in the Kelton-Bretton Rule of Law Radio, and since we don't have
[33:42.360 --> 33:50.800]  phone lines tonight, we may get them on later, I'm going to talk about a subject I haven't
[33:50.800 --> 33:57.720]  talked about in a long time, and that is how to create legal documents.
[33:57.720 --> 34:08.520]  I get a lot of documents from people in the prosaic community, and most of them are amiss.
[34:08.520 --> 34:18.120]  And reason is, creating legal documents is not like writing normal correspondence.
[34:18.120 --> 34:25.440]  There are some methodologies and certain new structures that need to be followed.
[34:25.440 --> 34:36.040]  They're not, I'm not going to get into law itself, law and legal research is a study
[34:36.040 --> 34:40.160]  all by itself, but preparing legal documents.
[34:40.160 --> 34:45.560]  I look at these documents, these lawyers are generating, and I'm amazed at what a mess
[34:45.560 --> 34:48.120]  most of them are.
[34:48.120 --> 34:52.840]  They write documents and nobody can read and make sense of.
[34:52.840 --> 35:00.960]  And most of the judges, except for foreclosure and stuff where they've been paid off, most
[35:00.960 --> 35:06.880]  of the judges, they want to do the right thing, they want to find the best adjudication of
[35:06.880 --> 35:07.880]  a case.
[35:07.880 --> 35:14.040]  But in order for them to do that, you have to give them the information they need so
[35:14.040 --> 35:20.080]  that they can give you a good, positive ruling.
[35:20.080 --> 35:25.080]  There are some basic things to understand about that.
[35:25.080 --> 35:28.920]  You have a judge here who knows nothing about your situation.
[35:28.920 --> 35:33.600]  He really doesn't care much about it because he's so busy, he's got a lot of things to
[35:33.600 --> 35:34.600]  do.
[35:34.600 --> 35:43.280]  So when you write him a motion or a pleading, him or her, you need to write the pleadings
[35:43.280 --> 35:48.880]  in a way such that the judge can read through the pleading one time and understand what's
[35:48.880 --> 35:51.000]  going on.
[35:51.000 --> 35:55.840]  That is much more difficult than it sounds like on the surface.
[35:55.840 --> 35:59.040]  Most people cannot tell their own story.
[35:59.040 --> 36:08.880]  It's unfortunate, but I once represented myself in an action in Cherokee County.
[36:08.880 --> 36:12.280]  And I'm a pretty knowledgeable guy.
[36:12.280 --> 36:15.920]  I got the laws down, I got all this sophistication.
[36:15.920 --> 36:25.840]  Well I was able to get the jury to throw the book at me on an absolutely ludicrous charge.
[36:25.840 --> 36:30.040]  And that's because I was simply too close to it.
[36:30.040 --> 36:32.680]  I couldn't step back and look at it critically.
[36:32.680 --> 36:35.280]  I have someone now that I'm helping.
[36:35.280 --> 36:41.280]  And I've worked with him, back in the foreclosure crisis, we worked together helping people
[36:41.280 --> 36:43.360]  with foreclosures.
[36:43.360 --> 36:50.600]  And he could produce really good motions and pleadings for foreclosure.
[36:50.600 --> 36:53.600]  But here he did a horrible job.
[36:53.600 --> 36:56.800]  And that's because he's too close to it.
[36:56.800 --> 37:01.280]  And if you're close to a subject, you have to write the pleadings anyway.
[37:01.280 --> 37:10.960]  You need some methodologies to kind of shield you from actually yourself.
[37:10.960 --> 37:19.520]  You need some tools that will help you create a well-structured and coherent document that
[37:19.520 --> 37:25.820]  anybody can read through one time and pretty well understand what's going on.
[37:25.820 --> 37:31.400]  So when you're writing a legal document, the first thing you need to do is figure out
[37:31.400 --> 37:33.400]  what you're complaining about.
[37:33.400 --> 37:38.080]  It's not as easy as it sounds.
[37:38.080 --> 37:43.680]  You can't just go into the court and say, your honor, that dirty rotten scoundrel, he
[37:43.680 --> 37:45.800]  did this, he did that, he did the other.
[37:45.800 --> 37:49.360]  I want you to kick his behind.
[37:49.360 --> 37:57.880]  What you have to do is bring your claim against the other individual in the form of a cause
[37:57.880 --> 38:05.920]  of action or tort feiser unless you are preparing a criminal affidavit.
[38:05.920 --> 38:12.400]  Then you must make your claim in the terms of a criminal statute.
[38:12.400 --> 38:23.760]  You can't just come to the judge and say, this guy bushwacked me and gave me a cheap
[38:23.760 --> 38:25.640]  shot up across the jaw.
[38:25.640 --> 38:28.480]  I want you to throw him in jail.
[38:28.480 --> 38:34.200]  You have to charge him specifically with 2201 or 2202 Texas People Code.
[38:34.200 --> 38:43.240]  And 2201 and 2202 People Code, those are the assault offenses.
[38:43.240 --> 38:51.600]  Each of the separate offenses under those chapters have a set of legal elements.
[38:51.600 --> 38:59.080]  In order to make a charge against someone, you must allege each of those legal elements.
[38:59.080 --> 39:05.080]  If you're suing someone in the civil court, you can't just say, well, he came and got
[39:05.080 --> 39:12.040]  my car and he rented it from me for a week and he tore it all up and he didn't bring
[39:12.040 --> 39:14.800]  it back when he said he would.
[39:14.800 --> 39:23.440]  You'd have to tell the judge that charge him with negligence and treated my car with negligent
[39:23.440 --> 39:24.440]  disregard.
[39:24.440 --> 39:29.800]  So look up the cause of action for negligence and that cause of action will have a set of
[39:29.800 --> 39:30.880]  elements.
[39:30.880 --> 39:34.560]  You must allege each one of those.
[39:34.560 --> 39:39.880]  You miss one of those, the jury or the judge cannot rule in your favor.
[39:39.880 --> 39:46.960]  So the first thing you want to do is ask yourself, what am I complaining about?
[39:46.960 --> 39:54.680]  Not generally, but specifically, exactly, what is your claim?
[39:54.680 --> 39:56.480]  Are you making a criminal accusation?
[39:56.480 --> 40:02.560]  You know, I filed a 150 page criminal complaint against the governor.
[40:02.560 --> 40:07.480]  Building a document of that size is extremely difficult.
[40:07.480 --> 40:15.080]  And if you don't have a methodology, it will turn out to be a jumbled mess.
[40:15.080 --> 40:23.280]  I rearranged everything in that document probably 50 times before I got it right.
[40:23.280 --> 40:28.480]  But in order to be able to rearrange it 50 times, you have to construct it in a special
[40:28.480 --> 40:32.960]  way so that it's possible for you to do that.
[40:32.960 --> 40:40.600]  So first thing you do is figure out, what is your purpose?
[40:40.600 --> 40:46.520]  What do you want at the end of the day, what for you would be when?
[40:46.520 --> 40:53.120]  You need to write that down when you get into a contentious situation.
[40:53.120 --> 41:02.280]  If you're not careful, it stops being about an outcome and starts being about the fight.
[41:02.280 --> 41:13.480]  I was in Pennsylvania, in the Amish country, and we were just outside of Intercourse, Pennsylvania.
[41:13.480 --> 41:18.080]  Intercourse, Pennsylvania is about 10 miles from Booball.
[41:18.080 --> 41:22.160]  These were names that were given back in the 1700s.
[41:22.160 --> 41:28.320]  Intercourse, Pennsylvania is one of the oldest towns in the country.
[41:28.320 --> 41:32.840]  Brett, where was I?
[41:32.840 --> 41:34.880]  You were talking about Intercourse.
[41:34.880 --> 41:36.600]  Intercourse, yeah.
[41:36.600 --> 41:41.640]  I was in the, that's not what I meant.
[41:41.640 --> 41:42.640]  Okay.
[41:42.640 --> 41:43.640]  Oh, yeah.
[41:43.640 --> 41:46.000]  I'm going to tell them different.
[41:46.000 --> 41:54.440]  I was helping, I was at this place and there was a woman there who was helping this family
[41:54.440 --> 41:57.320]  with an IRS issue.
[41:57.320 --> 42:03.160]  They had a friend, a neighbor, that had some tax leads they were trying to get rid of.
[42:03.160 --> 42:07.040]  So they sent this woman over there to talk to them and she went over there and gave her
[42:07.040 --> 42:10.480]  the paperwork and she read it and she said, do you guys really want to get rid of these
[42:10.480 --> 42:11.480]  tax names?
[42:11.480 --> 42:12.480]  They said, absolutely.
[42:12.480 --> 42:14.480]  She ripped it up and threw it in the garbage.
[42:14.480 --> 42:16.480]  Okay, they're gone.
[42:16.480 --> 42:19.080]  They said, what?
[42:19.080 --> 42:24.400]  She said, they expired two years ago and the IRS didn't renew them.
[42:24.400 --> 42:28.240]  This couple was so furious.
[42:28.240 --> 42:33.240]  They wrote an excruiting letter to the IRS.
[42:33.240 --> 42:35.240]  Just read them the riot act.
[42:35.240 --> 42:39.440]  So what did the IRS do?
[42:39.440 --> 42:42.440]  They reinstated the liens.
[42:42.440 --> 42:46.360]  It stopped being about an outcome and became about the fight.
[42:46.360 --> 42:51.400]  When you get in the fight, you're going to feel like they do dirty rotten stuff to you.
[42:51.400 --> 42:52.600]  They try to trick you.
[42:52.600 --> 42:53.600]  They lie to you.
[42:53.600 --> 43:01.240]  They do all these horrible things and if it's your fight, you react emotionally to it.
[43:01.240 --> 43:05.800]  And if you're not careful, it becomes about the fight and not about an outcome.
[43:05.800 --> 43:14.160]  So before you start, write down for you at the end of the day, what would be a win for
[43:14.160 --> 43:16.040]  me?
[43:16.040 --> 43:23.200]  Now you don't have to stop there and you want to write down what would be the minimum you
[43:23.200 --> 43:28.720]  could achieve that you would consider a win.
[43:28.720 --> 43:34.200]  You need to know where you're at along the way and this will keep you focused.
[43:34.200 --> 43:35.200]  Hang on.
[43:35.200 --> 43:38.200]  We'll be right back.
[43:38.200 --> 43:43.600]  Oh, I got 24 seconds.
[43:43.600 --> 43:46.960]  I had my page covered up with my map.
[43:46.960 --> 43:53.800]  I've got this organized into a map so I don't lose my place except when I start talking
[43:53.800 --> 43:55.800]  about intercourse in Pennsylvania.
[43:55.800 --> 43:56.800]  Hang on.
[43:56.800 --> 44:00.400]  We'll be right back.
[44:00.400 --> 44:01.400]  I love logos.
[44:01.400 --> 44:04.880]  Without the shows on this network, I'd be almost as ignorant as my friends.
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[44:57.120 --> 44:58.120]  We are Logos.
[44:58.120 --> 44:59.120]  Happy holidays, Logos.
[44:59.120 --> 45:04.640]  Are you the plaintiff or defendant in a lawsuit?
[45:04.640 --> 45:11.400]  In your case without an attorney with Jurisdictionary, the affordable, easy-to-understand 4-CD course
[45:11.400 --> 45:18.040]  that will show you how in 24 hours, step-by-step, if you have a lawyer, know what your lawyer
[45:18.040 --> 45:19.040]  should be doing.
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[45:52.400 --> 46:18.400]  Please visit ruleoflawradio.com and click on the banner or call toll-free 866-LAW-E-Z.
[46:18.400 --> 46:42.840]  Thank you.
[46:42.840 --> 47:05.760]  Okay, we are back. Randy Kelton, Brett Fountain, Root of Law Radio, and we're talking about
[47:05.760 --> 47:12.640]  how to write legal pleadings. So the first thing you do is figure out what you want.
[47:12.640 --> 47:19.080]  At the end of the day, what would be a win for you? Once you got that figured out, then
[47:19.080 --> 47:30.080]  if anybody's interested, send me an email and I will send you a, essentially a form,
[47:30.080 --> 47:41.280]  a layout of how to put together a legal pleading. What it consists of is a set of headings.
[47:41.280 --> 47:53.440]  And if you're in Texas, go to, I just went to eBay and got a copy of Texas Rules of Civil
[47:53.440 --> 48:02.960]  Trials. Now, whether you're criminal or civil, you need this book. Whether you're in Texas
[48:02.960 --> 48:11.520]  or not, it makes no difference because the, all the laws, the rules of court, everything
[48:11.520 --> 48:18.440]  is essentially the same everywhere. 99% of them are all the same, slight variations,
[48:18.440 --> 48:26.040]  but the basics, the basics are all the same. How to write pleadings, how to write particular
[48:26.040 --> 48:33.120]  motions, how to argue motions, how to argue against motions, all that stuff is in litigation
[48:33.120 --> 48:39.360]  guides. Now O'Connor's is the one we use in Texas and it's one of the absolute best
[48:39.360 --> 48:46.120]  I've ever seen. You take O'Connor's rules of civil trials and pick a motion. You look
[48:46.120 --> 48:55.360]  it up. Let's say I got this guy who's a scoundrel and I want to sue him for fraud. So you go
[48:55.360 --> 49:03.080]  down to, oh, I was looking at the wrong book. The first thing you do is you go to the section
[49:03.080 --> 49:12.360]  on pleadings. How to write an initial pleaded. It tells you everything. It tells you what
[49:12.360 --> 49:22.240]  needs to be in there. You start out with a slight introduction. Your honor now comes
[49:22.240 --> 49:29.520]  so and so and will show the court as follows. And you do an introduction. This is what we
[49:29.520 --> 49:37.520]  will prove. And just a basic, a line or two about each of the issues you're going to address.
[49:37.520 --> 49:43.840]  So now you've told them what you're going to tell them. Then you have the party section
[49:43.840 --> 49:48.800]  comes next. These are the people involved. You just put their names and addresses, your
[49:48.800 --> 49:55.160]  contact information. Then a jurisdiction section. In Texas you're not required to put in a jurisdiction
[49:55.160 --> 50:00.840]  section, but you shoot anyway. And the suit I was just working on, this is the jurisdiction
[50:00.840 --> 50:08.400]  section. The instant action involves real property. The real property lies in Travis
[50:08.400 --> 50:19.480]  County, Texas. Therefore, and the amounts involved exceed the minimum amounts, minimum
[50:19.480 --> 50:29.880]  amounts for this court. That's it. So it doesn't take much to do jurisdiction unless you're
[50:29.880 --> 50:34.720]  doing something really complicated. If you say you have a federal case and everything
[50:34.720 --> 50:40.680]  happened in Texas, but you got parties that were in Oklahoma and never were in Texas,
[50:40.680 --> 50:45.720]  that gives you diversity jurisdiction. It gets somewhat more complex. But if you have
[50:45.720 --> 50:55.400]  a litigation guide, they'll have a jurisdiction section. And they will list about every possible
[50:55.400 --> 51:02.200]  combination of issues that you can find. You just pick the one that fits. Stick it in there.
[51:02.200 --> 51:14.640]  My point is, if you're writing your own pleadings, you're screwing up. There are resources to
[51:14.640 --> 51:19.880]  give you just about everything you need that somebody else has already written. And a litigation
[51:19.880 --> 51:24.720]  guide is a place to start. If you don't know having litigation guides, don't know where
[51:24.720 --> 51:30.000]  to get litigation guides, call a law firm. Tell them, hey guys, I'm homeschooling the
[51:30.000 --> 51:36.440]  kids and I want to give them a course on basic law. Do you have any old litigation guides
[51:36.440 --> 51:43.080]  laying around? Ask a woman in Amarillo, Texas to do that. She called back and she called
[51:43.080 --> 51:49.600]  in the next week and said, the second law firm I called told her, do you have a station
[51:49.600 --> 51:55.520]  wagon or a pickup truck? Because they buy these litigation guides and they want the
[51:55.520 --> 52:00.640]  latest ones. O'Connor's is published every two years. So every two years, they buy a
[52:00.640 --> 52:05.400]  new set and they set the old ones aside. Why are they too busy to take them and throw
[52:05.400 --> 52:10.280]  them in the trash or get rid of them? So they build up in their closet. Eddie Craig did
[52:10.280 --> 52:19.040]  this and the guy asked him if he had a moving van. He had to go rent a 16 foot box truck
[52:19.040 --> 52:24.760]  to haul all the books away. But you can get them, they'll just give them to you because
[52:24.760 --> 52:30.000]  they don't want to use the old ones. Or you can go on eBay and purchase them on eBay.
[52:30.000 --> 52:37.120]  I think I paid $9 for this copy of Texas Rules and Civil Trials and when they're new,
[52:37.120 --> 52:46.080]  they go for $200. And this one is 2016. Well, I just need the basics. I don't care if I'm
[52:46.080 --> 52:55.080]  quoting the latest law or not because 99.9% of the law never changes year to year. Law
[52:55.080 --> 53:02.400]  changes very little. So if you get an older one, cost an extra nothing, follow that guide.
[53:02.400 --> 53:08.480]  So you start out with an introduction, but you don't do that first. You just put a heading
[53:08.480 --> 53:16.480]  for introduction, leave that. That's the last thing you do. After introduction, you got
[53:16.480 --> 53:24.480]  parties, jurisdiction. Those are simple and basic. Then you have statement of facts. Don't
[53:24.480 --> 53:30.560]  do that one yet either. The tendency is to try to write the statement of facts first.
[53:30.560 --> 53:35.640]  But what happens when you start writing a statement of facts, you start screwing up
[53:35.640 --> 53:41.520]  the statement of facts with a bunch of argument. That's why when someone calls in and they
[53:41.520 --> 53:49.320]  have a complex issue, I ask them for a timeline. So I don't want them arguing their issues.
[53:49.320 --> 53:55.080]  The other side did this and cheated me out all this money, the dirty rotten rascals.
[53:55.080 --> 54:00.920]  Well, cheating me out all this money, the dirty rotten rascals is legal conclusions.
[54:00.920 --> 54:04.360]  Statement of facts is just the facts, just what happened, not your opinion about what
[54:04.360 --> 54:10.920]  happened. But when you're in the fight, it's hard to separate the facts from your opinions
[54:10.920 --> 54:18.200]  about the facts. So before you do anything, write a timeline. Just the dates and times
[54:18.200 --> 54:23.320]  something happened. Don't explain it. This is just a memory device. This happened, and
[54:23.320 --> 54:27.040]  this happened, and this happened, and this happened. You go through it, and then when
[54:27.040 --> 54:31.520]  you, after you've finished it, you set it aside for a week and go through it again,
[54:31.520 --> 54:34.680]  and you'll think, oh, wait a minute, wait a minute, this happened in between here, and
[54:34.680 --> 54:42.720]  you'll start filling in the empty gaps. The worst mistake proceeds make is they leave
[54:42.720 --> 54:52.040]  out critical information that they didn't realize was critical. So we don't even bother
[54:52.040 --> 54:59.920]  writing a statement of facts yet. Statement of facts is an art form, and we'll get that
[54:59.920 --> 55:06.680]  to that in a bit. So the first thing you want to do is points and authorities. You want
[55:06.680 --> 55:14.120]  to do your argument and support. Whenever I talk to somebody about an issue, it's not
[55:14.120 --> 55:25.440]  enough to just explain the issue to me. They just have this irrepressible need to explain
[55:25.440 --> 55:31.960]  themselves while they're telling me what happened. So if I ask for the facts, I'll
[55:31.960 --> 55:40.520]  get the facts with argument and support. In law, they call that points and authorities.
[55:40.520 --> 55:49.720]  So go ahead and write up your argument. Argue everything that happened. But the way you
[55:49.720 --> 55:59.320]  do that is you list out the things that happened and set headings for each of the different
[55:59.320 --> 56:06.480]  things that you think were important. And I said it that way on purpose, because often
[56:06.480 --> 56:12.720]  if you're not a lawyer, in the beginning, you really don't know what all the legal
[56:12.720 --> 56:18.840]  elements and issues are. So you don't necessarily know what all that occurred was important
[56:18.840 --> 56:27.000]  and what was not important. So on the front end, you can't know that. So just put in what
[56:27.000 --> 56:38.040]  you got. And then go back and set a heading on every issue. Now take one of the issues,
[56:38.040 --> 56:44.840]  the first one, and only address that issue. We have a tendency to jump from one thing
[56:44.840 --> 56:50.120]  to another to another. We wind up going all over the place. You try to tell somebody the
[56:50.120 --> 56:58.000]  story and they wind up totally confused. So stay with one issue. And then put a subparagraph,
[56:58.000 --> 57:08.080]  I'm sorry, put a subtitle. Put a heading on every single paragraph. And in Microsoft
[57:08.080 --> 57:14.520]  Word, it has a styles menu that will let you set headings. If you use the styles menu
[57:14.520 --> 57:20.080]  in Microsoft Word to set headings, then it will create a table of contents for you that
[57:20.080 --> 57:27.680]  you can keep up on the left side of the screen and just kind of generally see your whole
[57:27.680 --> 57:34.560]  document. In a very large document, this becomes extremely important. Because you will wind
[57:34.560 --> 57:43.280]  up arguing the same issues several different times in several different places. So put
[57:43.280 --> 57:51.600]  a paragraph heading, I'm sorry, put a heading on every single paragraph. And make sure that
[57:51.600 --> 58:00.040]  you keep your argument within the scope of that heading. That is the most valuable thing
[58:00.040 --> 58:06.080]  you can do. When Scott Richardson came to me and wanted to help developing some pleadings
[58:06.080 --> 58:10.760]  I had him write me a pleading and I looked at it and I thought, he said, what do you
[58:10.760 --> 58:17.080]  do with this piece of crap? I really worked him over. I told him to set me up headings
[58:17.080 --> 58:23.160]  on every paragraph. He did and then he just straight all over the place. And I took it
[58:23.160 --> 58:28.960]  and every place he straight somewhere I put a new heading. But sent it back to him. I
[58:28.960 --> 58:36.400]  said, okay, rewrite that and stay true to each headed. The fourth copy I got from him,
[58:36.400 --> 58:45.880]  I asked him, who wrote this? You didn't write this. This was good. That one trick will do
[58:45.880 --> 58:50.600]  more to improve your pleading should anything else. Hang on, we'll be right back.
[58:50.600 --> 58:56.040]  The Bible remains the most popular book in the world. Yet countless readers are frustrated
[58:56.040 --> 59:01.240]  because they struggle to understand it. Some new translations try to help by simplifying
[59:01.240 --> 59:07.720]  the text, but in the process can compromise the profound meaning of the Scripture. Enter
[59:07.720 --> 59:13.920]  the recovery version. First, this new translation is extremely faithful and accurate, but the
[59:13.920 --> 59:20.240]  real story is the more than 9000 explanatory footnotes. Difficult and profound passages
[59:20.240 --> 59:25.680]  are opened up in a marvelous way, providing an entrance into the riches of the Word beyond
[59:25.680 --> 59:31.440]  which you've ever experienced before. Bibles for America would like to give you a free
[59:31.440 --> 59:36.880]  recovery version simply for the asking. This comprehensive yet compact study Bible is yours
[59:36.880 --> 59:48.040]  just by calling us toll free at 1-888-551-0102 or by ordering online at freestudybible.com.
[59:48.040 --> 01:00:01.000]  You're listening to the Logos Radio Network at LogosRadioNetwork.com.
[01:00:01.000 --> 01:00:07.520]  The following news flash is brought to you by the Lone Star Lowdown. Markets for Monday
[01:00:07.520 --> 01:00:15.640]  the 22nd of July 2019 open with precious metals, gold at $1,429 an ounce, silver $16.45 an ounce,
[01:00:15.640 --> 01:00:24.000]  copper $2.75 an ounce, oil Texas crude $55.63 a barrel, Brent crude $62.47 a barrel, and
[01:00:24.000 --> 01:00:33.560]  cryptos in order of market cap, Bitcoin Core $10,566.52, Ethereum $227.26, XRP Ripple
[01:00:33.560 --> 01:00:46.480]  $33, Litecoin $100.31 and Bitcoin Cash is at $324.10 a crypto coin.
[01:00:46.480 --> 01:00:52.720]  Today in history the year 1916 the preparedness day bombing a time suitcase bomb was detonated
[01:00:52.720 --> 01:00:58.040]  on Market Street in San Francisco during the World War I preparedness day parade killing
[01:00:58.040 --> 01:01:05.040]  the 10 and entering 40 today in history.
[01:01:05.040 --> 01:01:10.080]  In recent news since Governor Greg Abbott signed House Bill 1325 legalizing HEPA to tax
[01:01:10.080 --> 01:01:15.280]  his law back in June, county prosecutors around the state including Houston, Austin, San Antonio
[01:01:15.280 --> 01:01:19.400]  have been dropping marijuana possession charges and even refusing to file new ones since they
[01:01:19.400 --> 01:01:23.520]  are stipulating that they do not have the time or the laboratory equipment to test the
[01:01:23.520 --> 01:01:28.080]  order for THC. Margaret Moore, the Travis County District Attorney announced earlier
[01:01:28.080 --> 01:01:32.800]  this month that she was dismissing 32 felony possession and delivery of marijuana cases
[01:01:32.800 --> 01:01:33.800]  because of the law.
[01:01:33.800 --> 01:01:37.880]  Mr. Abbott and other state officials including the Attorney General stipulated in a letter
[01:01:37.880 --> 01:01:42.400]  to county district attorneys back on Thursday that marijuana has not been decriminalized
[01:01:42.400 --> 01:01:48.520]  in Texas and that these actions demonstrate a misunderstanding of how HB 1325 works as
[01:01:48.520 --> 01:01:54.760]  well as other cities too like the District Attorney in El Paso, Cayma Esparza, a Democrat
[01:01:54.760 --> 01:01:59.960]  who also stated earlier this month that the law quote will not have an effect on the prosecution
[01:01:59.960 --> 01:02:02.040]  of marijuana cases in El Paso.
[01:02:02.040 --> 01:02:07.000]  However, the issue was succinctly summarized by Mr. Brandon Ball, an assistant public defender
[01:02:07.000 --> 01:02:11.520]  in Harris County who stated that quote, the law is constantly changing on what makes something
[01:02:11.520 --> 01:02:13.760]  illegal based on its chemical makeup.
[01:02:13.760 --> 01:02:17.640]  It's important that if someone is charged with something, the test matches with their
[01:02:17.640 --> 01:02:22.880]  charge with it.
[01:02:22.880 --> 01:02:27.480]  A paper by Tulane University identified a five and a half inch American pocket shark
[01:02:27.480 --> 01:02:32.600]  as the first of its kind in the Gulf of Mexico, the specimen being only the second pocket
[01:02:32.600 --> 01:02:38.280]  shark ever captured or recorded with the other one being found way back in 1979 in the East
[01:02:38.280 --> 01:02:39.760]  Pacific Ocean.
[01:02:39.760 --> 01:02:44.040]  According to the university paper, the shark secretes a luminous fluid from a gland near
[01:02:44.040 --> 01:02:50.320]  its front fins for the purposes hypothesized to lure and prey who may be drawn into the
[01:02:50.320 --> 01:03:17.920]  glow.
[01:03:17.920 --> 01:03:31.600]  Okay, we are back in the California Bretts Mountain River Radio and we're trying to, since
[01:03:31.600 --> 01:03:36.420]  a call board is not working, we're trying to develop this as an archive so people can
[01:03:36.420 --> 01:03:37.420]  go back over it.
[01:03:37.420 --> 01:03:38.920]  I'm going to give a lot of information.
[01:03:38.920 --> 01:03:44.960]  I have to move along quickly to get it all in in an hour, but it's something you can
[01:03:44.960 --> 01:03:51.200]  go over if you're trying to build a document that will help you build a really powerful
[01:03:51.200 --> 01:03:56.320]  document and keep all your arguments organized.
[01:03:56.320 --> 01:04:03.680]  Okay, one of the early things you want to do is put a heading on every single paragraph
[01:04:03.680 --> 01:04:13.360]  and then force yourself to keep your comments within the scope of the heading.
[01:04:13.360 --> 01:04:18.680]  So you start out with an introduction, you tell them what you're going to tell them and
[01:04:18.680 --> 01:04:26.480]  then when you're telling them what you're going to tell them, you tell them at this
[01:04:26.480 --> 01:04:31.400]  point I'm going to talk about this and you only talk about this and then you go to the
[01:04:31.400 --> 01:04:34.200]  next part and you only talk about that.
[01:04:34.200 --> 01:04:38.440]  That way your reader keeps everything in perspective.
[01:04:38.440 --> 01:04:45.840]  Now it looks like this uses up a lot of white space and that's true.
[01:04:45.840 --> 01:04:49.520]  It does and that's on purpose.
[01:04:49.520 --> 01:04:58.160]  When you get a legal document that is just solid prose or solid text, it is extremely
[01:04:58.160 --> 01:05:00.560]  difficult to read and keep track of.
[01:05:00.560 --> 01:05:04.400]  If you're reading through it and you drop your pencil and pick it up, you got to go
[01:05:04.400 --> 01:05:08.560]  back and scan and figure out where you're at.
[01:05:08.560 --> 01:05:14.040]  If you have read the document and you need to address a particular issue, you have to
[01:05:14.040 --> 01:05:17.720]  go study the document to figure out where that was at.
[01:05:17.720 --> 01:05:22.240]  With the documents I produce, you don't have that problem.
[01:05:22.240 --> 01:05:27.040]  You can bring up the table of contents, boom, go right to it, but there's more to the table
[01:05:27.040 --> 01:05:29.280]  of contents.
[01:05:29.280 --> 01:05:37.240]  You put a heading on every paragraph because as you argue these issues, you tend to make
[01:05:37.240 --> 01:05:45.320]  mental connections to how all of these parts fit together and that has a tendency to cause
[01:05:45.320 --> 01:05:50.680]  you to jump from one issue to another where two issues are somewhat related, you tend
[01:05:50.680 --> 01:05:56.680]  to mix those issues up and for the reader it gets very confusing.
[01:05:56.680 --> 01:06:01.760]  If you put a heading on every paragraph, once you're pretty well done with the document,
[01:06:01.760 --> 01:06:07.560]  then you can go back and go down your headings and see if you have the same heading or a
[01:06:07.560 --> 01:06:11.560]  very similar heading come up more than one time.
[01:06:11.560 --> 01:06:19.280]  If it does, you look at that and make sure that these two separate paragraphs are talking
[01:06:19.280 --> 01:06:23.560]  about clearly distinguished separate issues.
[01:06:23.560 --> 01:06:30.160]  If not, if you wind up arguing the same issue twice from slightly different perspectives,
[01:06:30.160 --> 01:06:35.640]  the judge is likely to throw them both out because he won't know which argument to follow
[01:06:35.640 --> 01:06:37.840]  and which one not to.
[01:06:37.840 --> 01:06:47.120]  So this will help you to organize your document in a way that your reader will always have
[01:06:47.120 --> 01:06:50.960]  what we call referential index.
[01:06:50.960 --> 01:06:58.000]  I have a document where I mapped out the living mind.
[01:06:58.000 --> 01:07:03.000]  My primary study of psychology is not law and I started out studying all the popular
[01:07:03.000 --> 01:07:11.240]  psychologies and it seemed like everybody had a different story to describe the living
[01:07:11.240 --> 01:07:12.240]  mind.
[01:07:12.240 --> 01:07:23.360]  Freud, Piaget, Gestalt, Perls, all these guys had this elaborate story to explain the living
[01:07:23.360 --> 01:07:24.360]  mind.
[01:07:24.360 --> 01:07:27.360]  They were all different.
[01:07:27.360 --> 01:07:29.320]  I took a course in child psychology.
[01:07:29.320 --> 01:07:36.520]  It had no prerequisites, one time up here at North Texas State University.
[01:07:36.520 --> 01:07:43.840]  And halfway through the course I went to the professor and I told him that you're in here
[01:07:43.840 --> 01:07:53.200]  in this introductory course, it has no prerequisites, so you assume I don't know anything.
[01:07:53.200 --> 01:07:59.920]  But you're talking about some very highly sophisticated psychological metaphors and
[01:07:59.920 --> 01:08:04.800]  I'm not sure I know what the underlying basis for those metaphors are.
[01:08:04.800 --> 01:08:13.000]  And now I can do calculus, but I can only do calculus because I can do trigonometry,
[01:08:13.000 --> 01:08:20.600]  because I can do algebra, because I can do math, because I can do one plus one is two.
[01:08:20.600 --> 01:08:28.520]  So tell me, what is the basic math of the living mind on which you're basing all of
[01:08:28.520 --> 01:08:32.280]  these highly sophisticated psychological metaphors?
[01:08:32.280 --> 01:08:39.480]  And he said, well, I don't know if we have one, or actually he said, well, I don't have
[01:08:39.480 --> 01:08:40.480]  one.
[01:08:40.480 --> 01:08:42.280]  I said, well, who does?
[01:08:42.280 --> 01:08:44.640]  He said, I don't know if anybody does.
[01:08:44.640 --> 01:08:46.840]  Well, I've got one.
[01:08:46.840 --> 01:08:48.560]  Well, what is it?
[01:08:48.560 --> 01:08:49.560]  No, no, no.
[01:08:49.560 --> 01:08:50.560]  You're here to teach me.
[01:08:50.560 --> 01:08:51.640]  I'm not here to teach you.
[01:08:51.640 --> 01:09:02.240]  So he sent me to the, what do you call it, what is the psychology that treats the mind
[01:09:02.240 --> 01:09:03.240]  like?
[01:09:03.240 --> 01:09:04.240]  It's a science.
[01:09:04.240 --> 01:09:11.040]  You know, I think of it in a second, and I went to these guys and told them I do secret
[01:09:11.040 --> 01:09:12.040]  hypnosis.
[01:09:12.040 --> 01:09:13.560]  We don't believe in hypnosis.
[01:09:13.560 --> 01:09:14.560]  Oh, OK.
[01:09:14.560 --> 01:09:17.960]  It's all right for me.
[01:09:17.960 --> 01:09:21.840]  I asked them the same questions, and they didn't have the answers either.
[01:09:21.840 --> 01:09:22.880]  And I told them I have it.
[01:09:22.880 --> 01:09:25.640]  I have the answers, but I wouldn't give it to them.
[01:09:25.640 --> 01:09:30.280]  And usually with it, I do secret hypnosis.
[01:09:30.280 --> 01:09:34.520]  And when you'd like me to demonstrate, they said, well, we don't believe in hypnosis.
[01:09:34.520 --> 01:09:36.000]  Well, how about if I demonstrate?
[01:09:36.000 --> 01:09:37.720]  I'll take you and bring you out.
[01:09:37.720 --> 01:09:39.240]  You never know who you've been there.
[01:09:39.240 --> 01:09:41.880]  They wanted me out of the building really fast.
[01:09:41.880 --> 01:09:48.400]  Well, years ago when neuroenglish programming first started back in the late 70s, early
[01:09:48.400 --> 01:09:56.680]  80s, I studied all the original stuff by Grindert, Bandelier, Diltz, Ericsson, Haley.
[01:09:56.680 --> 01:09:57.680]  Really good stuff.
[01:09:57.680 --> 01:10:04.120]  We were the first guys that treated the living mind as if it were consistent and understandable.
[01:10:04.120 --> 01:10:09.040]  So I sat down and used a map and mapped out how the mind works.
[01:10:09.040 --> 01:10:13.440]  Now, this may not be correct, but I have a model.
[01:10:13.440 --> 01:10:15.880]  I built a model of the living mind.
[01:10:15.880 --> 01:10:20.040]  If you come across a phenomenon that doesn't match the model, we can go in and adjust the
[01:10:20.040 --> 01:10:21.040]  model.
[01:10:21.040 --> 01:10:24.640]  Freud had this model of the living mind.
[01:10:24.640 --> 01:10:30.240]  It was wacko and it's pretty well been completely debunked.
[01:10:30.240 --> 01:10:34.880]  So they threw out Freud's work, but they also threw out his map.
[01:10:34.880 --> 01:10:41.160]  They should have kept his map because we could look at his map and say, well, there are certain
[01:10:41.160 --> 01:10:45.040]  portions of it that were essentially correct, but these over here are wrong.
[01:10:45.040 --> 01:10:47.800]  We could take those out and replace them with something else we have something to build
[01:10:47.800 --> 01:10:48.800]  from.
[01:10:48.800 --> 01:10:52.400]  I didn't have anything, so I built one.
[01:10:52.400 --> 01:11:01.200]  Primarily, what it got down to was how the brain understands what it understands is by
[01:11:01.200 --> 01:11:06.400]  internal reference, internal context.
[01:11:06.400 --> 01:11:14.200]  We develop context, different context sets for different circumstances and situations.
[01:11:14.200 --> 01:11:20.520]  So we have an experience and it elicits what in neuro-linguistic programming they call
[01:11:20.520 --> 01:11:23.800]  referential index.
[01:11:23.800 --> 01:11:32.480]  It refers us to a certain set of beliefs and behaviors and this whole process is designed
[01:11:32.480 --> 01:11:35.680]  on referential index.
[01:11:35.680 --> 01:11:42.080]  You want to build a tool where you lead the mind of your reader directly from one point
[01:11:42.080 --> 01:11:44.680]  to the next to the next.
[01:11:44.680 --> 01:11:48.400]  You supply referential index.
[01:11:48.400 --> 01:11:53.200]  You tell him what you're going to tell him, tell him what you're telling him, and make
[01:11:53.200 --> 01:11:59.520]  sure that when you're making these statements that you don't create a question in the mind
[01:11:59.520 --> 01:12:04.160]  of your reader that you don't answer right away.
[01:12:04.160 --> 01:12:07.760]  The way to keep from doing that is don't leave out stuff.
[01:12:07.760 --> 01:12:13.200]  Don't leave out anything that's necessary to connect all the pieces together.
[01:12:13.200 --> 01:12:21.640]  That's easier to say than to do, but as I go through this, all of this is designed around
[01:12:21.640 --> 01:12:24.040]  referential index.
[01:12:24.040 --> 01:12:30.560]  How to take your reader from one point and lead him directly to another point.
[01:12:30.560 --> 01:12:35.600]  Okay, headings on every paragraph.
[01:12:35.600 --> 01:12:37.720]  Stay true to the paragraph.
[01:12:37.720 --> 01:12:42.600]  Now, build your argument in support.
[01:12:42.600 --> 01:12:49.640]  As you build the argument in support, it will point to certain claims that you can make,
[01:12:49.640 --> 01:12:53.720]  especially if you use a litigation guide.
[01:12:53.720 --> 01:12:56.520]  What I do is take out the litigation guide.
[01:12:56.520 --> 01:13:00.200]  Take out causes of action.
[01:13:00.200 --> 01:13:03.360]  Connors causes of action, it's good for any state.
[01:13:03.360 --> 01:13:10.040]  You can go down there and it lists all of the defined causes of action, a great number
[01:13:10.040 --> 01:13:15.680]  of which you have probably never heard of, and when you have the book, I have the book
[01:13:15.680 --> 01:13:21.200]  here in front of me, and all of that's listed on the front inside cover, one page.
[01:13:21.200 --> 01:13:25.200]  It lists all the causes of action.
[01:13:25.200 --> 01:13:32.000]  You go down through them and look at them and their names are pretty well descriptive.
[01:13:32.000 --> 01:13:38.120]  I did that for the document I'm working on today and found about half a dozen potential
[01:13:38.120 --> 01:13:42.040]  causes of action that I would have never thought of.
[01:13:42.040 --> 01:13:48.120]  But once I looked at them in the list, it was clear they were relevant.
[01:13:48.120 --> 01:13:57.760]  So, as you're building your argument in the next section, causes of action, every time
[01:13:57.760 --> 01:14:04.120]  your argument leads you to a claim you can make, go down in your causes of action section
[01:14:04.120 --> 01:14:08.280]  and put in a heading for that particular cause of action.
[01:14:08.280 --> 01:14:16.560]  So, as you're building your argument, you're also laying in your causes of action.
[01:14:16.560 --> 01:14:22.120]  Once you have your argument finished, and that, I won't go into all of the details on
[01:14:22.120 --> 01:14:28.960]  how to do that, it amounts to getting all your headings in the right place and make sure
[01:14:28.960 --> 01:14:34.960]  all your headings follow one from the other and that your arguments follow one from another.
[01:14:34.960 --> 01:14:43.920]  Now, there are rules for this, and the primary rule is never make a proactive statement of
[01:14:43.920 --> 01:14:48.120]  law out of your own mouth.
[01:14:48.120 --> 01:14:56.240]  The court has one primary duty, actually you could call it two, two primary duties.
[01:14:56.240 --> 01:15:01.440]  You must determine the facts in accordance with the rules of evidence, then apply the
[01:15:01.440 --> 01:15:06.080]  law as it comes to him to the facts in the case.
[01:15:06.080 --> 01:15:15.400]  When you're building a argument in support, the only thing you put in there are facts
[01:15:15.400 --> 01:15:17.680]  and law.
[01:15:17.680 --> 01:15:23.120]  This fact happened, this fact happened, this fact happened, this is the law that goes to
[01:15:23.120 --> 01:15:26.120]  the combination of those facts.
[01:15:26.120 --> 01:15:31.960]  If you go anywhere else, you're wasting your time, and the way to do that is, is either
[01:15:31.960 --> 01:15:37.680]  get O'Connor's causes of action and look up the cause of action.
[01:15:37.680 --> 01:15:45.160]  Let's say we look up a cause of action for fraud, and here that's on 281.
[01:15:45.160 --> 01:15:55.960]  When you make a claim, you must make the claim either in terms of a tort or a cause of action.
[01:15:55.960 --> 01:16:04.280]  The cause of action is a claim based on a violation of a contract, an agreement between
[01:16:04.280 --> 01:16:05.280]  two people.
[01:16:05.280 --> 01:16:09.560]  A tort, if you're driving down the road and somebody runs a stop last time and bashes
[01:16:09.560 --> 01:16:15.440]  into you, well, you're not in contractual privity with that person, you two don't have
[01:16:15.440 --> 01:16:20.560]  a contract with each other, so his harm to you rings in tort.
[01:16:20.560 --> 01:16:26.840]  If you have any kind of agreement, be it written or tacit or implied, then your claims fall
[01:16:26.840 --> 01:16:28.960]  under a cause of action.
[01:16:28.960 --> 01:16:34.760]  Right now, at times of this segment, so I'll go quickly, every cause of action has a set
[01:16:34.760 --> 01:16:35.760]  of elements.
[01:16:35.760 --> 01:16:40.520]  Fraud, fraud is going to have to be addressed on the other side.
[01:16:40.520 --> 01:16:45.240]  When we come back, I will walk through the causes of action.
[01:16:45.240 --> 01:16:51.200]  When you make the claim, you have to claim and prove every single one or the court cannot
[01:16:51.200 --> 01:16:52.200]  rule it in your favor.
[01:16:52.200 --> 01:17:00.920]  Hang on, Randy Kelton, Brett Fountain, we'll be right back.
[01:17:00.920 --> 01:17:05.480]  Logos Radio Network welcomes a new show to our lineup for the new year.
[01:17:05.480 --> 01:17:11.800]  Scripture Talk with Nana will begin Wednesday, January 8th, from 8 to 10 p.m. central time.
[01:17:11.800 --> 01:17:14.880]  Our goal is in accord with Matthew 516.
[01:17:14.880 --> 01:17:19.920]  Let your light so shine before men that they may see your good works and glorify your Father
[01:17:19.920 --> 01:17:21.480]  which is in heaven.
[01:17:21.480 --> 01:17:26.600]  We wish to reflect God's light and be a blessing to all those with a hearing ear.
[01:17:26.600 --> 01:17:31.840]  Join Nana and guests for both verse by verse Bible studies and topical Bible studies designed
[01:17:31.840 --> 01:17:34.960]  to provoke unto love and good works.
[01:17:34.960 --> 01:17:39.360]  Our verse by verse Bible studies will begin in the book of Matthew where we will discuss
[01:17:39.360 --> 01:17:41.120]  one chapter per week.
[01:17:41.120 --> 01:17:46.160]  Our topical Bible studies will vary each week and will explore sound doctrine as well as
[01:17:46.160 --> 01:17:48.360]  Christian character development.
[01:17:48.360 --> 01:17:55.440]  So mark your calendar and join us live on LogosRadioNetwork.com Wednesdays from 8 to 10 p.m. starting
[01:17:55.440 --> 01:18:04.600]  January 8th for an inspiring and motivating discussion of the Scriptures.
[01:18:04.600 --> 01:18:10.560]  It's the 2019 Logos Radio Network annual fundraiser and gun giveaway sponsored by Central Texas
[01:18:10.560 --> 01:18:11.560]  Gun Works.
[01:18:11.560 --> 01:18:15.200]  Go to LogosRadioNetwork.com and enter to win.
[01:18:15.200 --> 01:18:17.000]  Any amount is appreciated.
[01:18:17.000 --> 01:18:18.840]  Everything helps to keep us on the air.
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[01:19:56.320 --> 01:20:00.880]  Okay, we are back.
[01:20:00.880 --> 01:20:03.200]  Randy Kelton, Brett Fountain, Rural Radio.
[01:20:03.200 --> 01:20:10.360]  And since our phones are not working tonight, Brett is taking email questions.
[01:20:10.360 --> 01:20:13.040]  But they need to be on point.
[01:20:13.040 --> 01:20:17.760]  Since the phones aren't working and I can't interact with the person I'm talking to, it
[01:20:17.760 --> 01:20:22.960]  makes it very difficult to address a legal issue.
[01:20:22.960 --> 01:20:30.520]  Unless it's on point and pretty straightforward, I'm trying to build an archive that people
[01:20:30.520 --> 01:20:33.480]  can listen to over and over.
[01:20:33.480 --> 01:20:41.320]  This is a lot of information given very quickly and I want it in archive format so you can
[01:20:41.320 --> 01:20:47.480]  listen to it several times and then pick the pieces up and you will be able to at least
[01:20:47.480 --> 01:20:55.360]  get a very good start on developing a set of criminal documents.
[01:20:55.360 --> 01:21:00.280]  Okay, torches and causes of action.
[01:21:00.280 --> 01:21:02.440]  Let's go to common law fraud.
[01:21:02.440 --> 01:21:06.240]  Let's say you have an issue for common law fraud.
[01:21:06.240 --> 01:21:11.080]  Do you know what common law fraud is?
[01:21:11.080 --> 01:21:14.760]  Most people really don't know what common law fraud is.
[01:21:14.760 --> 01:21:20.360]  The best way to explain what it is is to tell you what the elements are.
[01:21:20.360 --> 01:21:32.000]  If you don't have a litigation guide, then go online and, for instance, for common law
[01:21:32.000 --> 01:21:37.720]  fraud and look up the patterned jury charge for common law fraud.
[01:21:37.720 --> 01:21:42.440]  A patterned jury charge is a charge to the jury.
[01:21:42.440 --> 01:21:53.160]  That is the last thing the judge will say to the jury before they go into deliberations.
[01:21:53.160 --> 01:22:01.120]  What the judge will say is there is a claim of common law fraud.
[01:22:01.120 --> 01:22:09.760]  This is what you must find and he will list all of the elements of a claim for common
[01:22:09.760 --> 01:22:12.160]  law fraud.
[01:22:12.160 --> 01:22:20.640]  If you have not claimed and proven every element, then the jury or the judge has no power to
[01:22:20.640 --> 01:22:23.400]  rule in your favor.
[01:22:23.400 --> 01:22:25.520]  Common law fraud.
[01:22:25.520 --> 01:22:30.000]  The defendant made a representation to the plaintiff.
[01:22:30.000 --> 01:22:33.520]  The representation was material.
[01:22:33.520 --> 01:22:37.320]  The representation was false.
[01:22:37.320 --> 01:22:49.520]  In some of the other fraud claims, it says that the defendant either knew the representation
[01:22:49.520 --> 01:22:55.400]  was false or acted with negligent disregard for the truth.
[01:22:55.400 --> 01:22:59.720]  When the defendant made the presentation, the defendant knew that the representation
[01:22:59.720 --> 01:23:06.880]  was false or made the representation recklessly as a positive assertion and without knowledge
[01:23:06.880 --> 01:23:07.880]  of its truth.
[01:23:07.880 --> 01:23:11.480]  I should have read that before I opened my mouth.
[01:23:11.480 --> 01:23:17.000]  The defendant made the representation with the intent that the plaintiff act on it.
[01:23:17.000 --> 01:23:21.040]  The plaintiff relied on the representation.
[01:23:21.040 --> 01:23:24.240]  The representation caused the plaintiff injury.
[01:23:24.240 --> 01:23:33.440]  If you do not claim and show evidence to prove each one, you do not have a cause of action
[01:23:33.440 --> 01:23:35.960]  for common law fraud.
[01:23:35.960 --> 01:23:42.640]  So get a litigation guide.
[01:23:42.640 --> 01:23:49.120]  Even lawyers don't do this without some kind of guide.
[01:23:49.120 --> 01:23:52.320]  And lawyers follow these litigation guides.
[01:23:52.320 --> 01:23:54.520]  There's a couple of reasons for litigation guides.
[01:23:54.520 --> 01:24:01.320]  One is to make sure you don't miss anything because this litigation guide will explain
[01:24:01.320 --> 01:24:08.200]  to you how to state and argue each one of these.
[01:24:08.200 --> 01:24:14.080]  And in the litigation guide, when I turned it to the second page, the first heading
[01:24:14.080 --> 01:24:17.120]  is jury charge.
[01:24:17.120 --> 01:24:22.360]  Texas pattern jury charge can be found in the following, Texas pattern jury charges business
[01:24:22.360 --> 01:24:23.360]  case.
[01:24:23.360 --> 01:24:25.280]  It tells you where to find it.
[01:24:25.280 --> 01:24:27.160]  It will mimic this.
[01:24:27.160 --> 01:24:38.960]  So they use the litigation guide so that not only do they argue each one of the elements,
[01:24:38.960 --> 01:24:43.440]  they argue him in the precise order.
[01:24:43.440 --> 01:24:49.360]  And most litigation guides has a forms section.
[01:24:49.360 --> 01:24:57.320]  And lawyers build their documents based on the form that's in the most common litigation
[01:24:57.320 --> 01:24:58.320]  guide.
[01:24:58.320 --> 01:25:06.440]  The reason they do that is they want the judge to be able to pick this document up and find
[01:25:06.440 --> 01:25:14.520]  in the document precisely what he expects to find, where he expects to find it.
[01:25:14.520 --> 01:25:22.360]  Just the document is structured that way and on the basic issues, like if you have any
[01:25:22.360 --> 01:25:32.200]  case law in support of jurisdiction, he wants that case law to be the same case law everybody
[01:25:32.200 --> 01:25:34.000]  else uses.
[01:25:34.000 --> 01:25:42.240]  If you have common issues, you want your case law to be the same everybody else uses.
[01:25:42.240 --> 01:25:49.160]  The only thing that has different case law is the fine particular point of the case that's
[01:25:49.160 --> 01:25:52.800]  a different from all the general stuff.
[01:25:52.800 --> 01:25:58.760]  We got these patriots that write their documents from scratch.
[01:25:58.760 --> 01:26:03.160]  And they've got things all out of order and it annoys and confuses the judges.
[01:26:03.160 --> 01:26:07.320]  They've got lots of case law the judge has never seen.
[01:26:07.320 --> 01:26:09.320]  And the judge is busy.
[01:26:09.320 --> 01:26:12.360]  He's got a golf game schedule.
[01:26:12.360 --> 01:26:16.600]  He don't want to sit here for hours going through all these case law he's never seen
[01:26:16.600 --> 01:26:21.920]  and denied, denied, denied, now that might not be right.
[01:26:21.920 --> 01:26:25.800]  But that's how it works in the real world we live in.
[01:26:25.800 --> 01:26:32.000]  And on the surface that may seem like a bad thing, but I assure you it is not a bad thing.
[01:26:32.000 --> 01:26:39.000]  The primary tool you need if you're writing legal documents is you must be an accomplished
[01:26:39.000 --> 01:26:41.320]  plagiarist.
[01:26:41.320 --> 01:26:47.560]  If you're writing your own pleadings, you haven't done enough homework.
[01:26:47.560 --> 01:26:56.200]  You need to be putting in rulings by courts that go to your issue.
[01:26:56.200 --> 01:27:01.720]  And all you do is adjust the intro and the outro to the ruling by the court.
[01:27:01.720 --> 01:27:08.360]  And you go in the ruling and change some of the case and some of the pronouns and such
[01:27:08.360 --> 01:27:09.960]  to fit your case.
[01:27:09.960 --> 01:27:15.320]  But basically you keep their argument exactly like it is in the order.
[01:27:15.320 --> 01:27:21.600]  When you do that and the judge reads that document, the judge is going to know precisely
[01:27:21.600 --> 01:27:24.600]  what you did.
[01:27:24.600 --> 01:27:30.720]  And that's going to cost the judge to give your reading much more credence.
[01:27:30.720 --> 01:27:39.760]  And when you start reading legal opinions, you'll see that they use a very specific style.
[01:27:39.760 --> 01:27:45.360]  And frankly, they do very good work.
[01:27:45.360 --> 01:27:51.960]  Some of these orders I read, I think, I would that I could produce such prose.
[01:27:51.960 --> 01:27:53.160]  They do very good work.
[01:27:53.160 --> 01:27:59.960]  So you stitch together orders from court cases that go to your point.
[01:27:59.960 --> 01:28:03.200]  Don't write it yourself if you can avoid it.
[01:28:03.200 --> 01:28:05.320]  OK.
[01:28:05.320 --> 01:28:06.320]  Argument in support.
[01:28:06.320 --> 01:28:12.960]  Once you've got that done, that will tell you what your causes of action should be.
[01:28:12.960 --> 01:28:18.240]  As you address these things that occur, then you go through the causes of action, find
[01:28:18.240 --> 01:28:20.720]  the cause of action that fits that.
[01:28:20.720 --> 01:28:27.720]  When you get to causes of action and you start addressing the cause of action, what you want
[01:28:27.720 --> 01:28:35.280]  to do is just reference the legal arguments you have in your points and authorities.
[01:28:35.280 --> 01:28:39.840]  So you've done your points and authorities, but it's not finished yet.
[01:28:39.840 --> 01:28:45.080]  Now you go through your causes of action and look at each cause of action and then go look
[01:28:45.080 --> 01:28:49.600]  at your points and authorities and see if you have addressed each one of those causes
[01:28:49.600 --> 01:28:50.600]  of action.
[01:28:50.600 --> 01:28:56.600]  Generally, in points and authorities, when I address a claim, I put a heading for each
[01:28:56.600 --> 01:29:01.360]  cause of action and then argue that under each one and make sure I don't miss them.
[01:29:01.360 --> 01:29:06.720]  You can take those headings out later, but you use those structural guidelines when you're
[01:29:06.720 --> 01:29:08.800]  building the case.
[01:29:08.800 --> 01:29:11.400]  Make sure you don't miss anything.
[01:29:11.400 --> 01:29:20.960]  Then, once you've finished with the causes of action, now you put in a conclusion.
[01:29:20.960 --> 01:29:27.920]  This is the conclusion you want the court to come to based on these arguments and these
[01:29:27.920 --> 01:29:30.680]  causes of action.
[01:29:30.680 --> 01:29:35.000]  Now you're ready to do your statement of facts.
[01:29:35.000 --> 01:29:39.040]  Remember I said in the beginning that statement of facts is an art form?
[01:29:39.040 --> 01:29:41.720]  This is where we get into the art.
[01:29:41.720 --> 01:29:44.440]  We'll pick this up on the other side.
[01:29:44.440 --> 01:29:47.360]  Guys, you are going to like this.
[01:29:47.360 --> 01:29:51.360]  Andy Kelton, Brett Fountain, Root of Love, oh, Guys and Goyles, you're going to like
[01:29:51.360 --> 01:29:52.360]  this.
[01:29:52.360 --> 01:30:03.360]  We'll be right back.
[01:30:03.360 --> 01:30:09.280]  Reality TV, sugar, obesity, jet lag, the list of things that makes us dumber just keeps
[01:30:09.280 --> 01:30:10.280]  on growing.
[01:30:10.280 --> 01:30:13.280]  But now researchers say we can add stress to the list.
[01:30:13.280 --> 01:30:17.080]  I'm Dr. Catherine Albrecht, back with details in a moment.
[01:30:17.080 --> 01:30:19.240]  Privacy is under attack.
[01:30:19.240 --> 01:30:22.840]  When you give up data about yourself, you'll never get it back again.
[01:30:22.840 --> 01:30:27.840]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:30:27.840 --> 01:30:33.000]  So protect your rights, say no to surveillance and keep your information to yourself.
[01:30:33.000 --> 01:30:35.600]  Privacy, it's worth hanging on to.
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[01:31:01.640 --> 01:31:05.200]  makes it harder for people to manage problems.
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[01:31:09.400 --> 01:31:11.480]  prefrontal cortex.
[01:31:11.480 --> 01:31:16.600]  That's the part of the brain that helps us weigh conflicting ideas and regulate our emotions.
[01:31:16.600 --> 01:31:18.600]  So take a deep breath and chill out.
[01:31:18.600 --> 01:31:21.480]  It'll help keep your mind as sharp as a tack.
[01:31:21.480 --> 01:31:31.800]  I'm Dr. Cameron Albrecht for StartPage.com, the world's most private search engine.
[01:31:31.800 --> 01:31:37.160]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[01:31:37.160 --> 01:31:39.360]  The government says that fire brought it down.
[01:31:39.360 --> 01:31:44.240]  Over 1,500 architects and engineers have concluded it was a controlled demolition.
[01:31:44.240 --> 01:31:48.240]  Over 6,000 of my fellow service members have given their lives, and thousands of my fellow
[01:31:48.240 --> 01:31:49.680]  force respondents have died.
[01:31:49.680 --> 01:31:53.520]  I'm not a conspiracy theorist, I'm a structural engineer, I'm a New York City correction office,
[01:31:53.520 --> 01:31:58.160]  I'm an Air Force pilot, I'm a father who lost his son, we're Americans, and we deserve
[01:31:58.160 --> 01:31:59.160]  the truth.
[01:31:59.160 --> 01:32:02.160]  Go to RememberBuilding7.org today.
[01:32:02.160 --> 01:32:06.360]  Rule of Law Radio is proud to offer the Rule of Law Traffic Seminar.
[01:32:06.360 --> 01:32:10.040]  In today's America, we live in an us-against-them society, and if we, the people, are ever going
[01:32:10.040 --> 01:32:13.640]  to have a free society, then we're going to have to stand and defend our own rights.
[01:32:13.640 --> 01:32:17.040]  Among those rights are the right to travel freely from place to place, the right to
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[01:32:30.440 --> 01:32:34.200]  most comprehensive teaching tool available that will help you understand what due process
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[01:33:13.400 --> 01:33:34.400]  Thank you.
[01:33:34.400 --> 01:33:39.400]  Chippin'a your grandpa and they grant me Chippin'a me, Chippin'a you baby
[01:33:39.400 --> 01:33:44.400]  Chippin'a your family, who will family? Chippin'a your dad and they get around me
[01:33:44.400 --> 01:33:49.400]  Chippin'a the beef and you still go E.T. Chippin'a the fish, them all in the sea
[01:33:49.400 --> 01:33:53.400]  Chippin'a the shark and they reel around me You must see mankind, they aren't too crazy
[01:33:53.400 --> 01:33:56.400]  They're the kind of thing man, they want to be
[01:33:56.400 --> 01:34:00.400]  Social security, they've got to tell me Number of them give me, then repeat after me
[01:34:00.400 --> 01:34:05.400]  I'm Chippin'a you in the morning, Chippin'a you in the evening, Chippin'a you all in the night
[01:34:05.400 --> 01:34:07.400]  Experiment tonight
[01:34:07.400 --> 01:34:12.400]  Okay, we are back, Randy Kelton, Brett Fountain, rule of law radio
[01:34:12.400 --> 01:34:18.400]  And we're talking about, oh, I've got some emails for some questions, but
[01:34:18.400 --> 01:34:29.400]  The emails are not exactly on point, so I want to finish this up so it will stand as an archive
[01:34:29.400 --> 01:34:35.400]  So if you folks will contact us tomorrow, I will address all of those issues
[01:34:35.400 --> 01:34:41.400]  A complex issue, it's not something I can do without the other person on the line
[01:34:41.400 --> 01:34:45.400]  So I can question back and forth, I wouldn't be able to do it justice
[01:34:45.400 --> 01:34:48.400]  But now we're at the good part
[01:34:48.400 --> 01:34:51.400]  Statement of facts
[01:34:51.400 --> 01:34:59.400]  And this is, for me, is my favorite part of a pleaded
[01:34:59.400 --> 01:35:07.400]  I've done all the work, when I do the points and authorities, the first thing I do is go down through all the issues
[01:35:07.400 --> 01:35:14.400]  And I go on Google and do some research, and you find all these briefs and treatises
[01:35:14.400 --> 01:35:22.400]  There are a lot of lawyers and colleges, law schools put out these treatments of different subjects
[01:35:22.400 --> 01:35:29.400]  And they got great sections, so I copy out the stuff that I find when I'm researching
[01:35:29.400 --> 01:35:33.400]  When you're doing legal research, it's hard to keep everything organized
[01:35:33.400 --> 01:35:39.400]  So you use your lawsuit format, and if I'm looking under a particular issue
[01:35:39.400 --> 01:35:43.400]  Then all the cool stuff I find that goes to that issue, I drop it in there
[01:35:43.400 --> 01:35:48.400]  And sometimes I'm in this one, and it gives me something that goes to a different issue
[01:35:48.400 --> 01:35:51.400]  And I'll go down to that issue and drop that quote in there
[01:35:51.400 --> 01:35:54.400]  And sometimes it goes to stuff I hadn't considered
[01:35:54.400 --> 01:35:57.400]  I'll create a new heading and drop it in there
[01:35:57.400 --> 01:36:05.400]  That way I don't have to remember all of this research that I came across and where it was
[01:36:05.400 --> 01:36:11.400]  Because I drop it in the document and put a hyperlink back to where I got it from
[01:36:11.400 --> 01:36:16.400]  So once you've got all that done and you've got your causes of action done
[01:36:16.400 --> 01:36:20.400]  Then now you do your statement of facts
[01:36:20.400 --> 01:36:24.400]  You don't have to tell them everything
[01:36:24.400 --> 01:36:33.400]  The next thing you're going to do after the statement of facts is you're going to do an introduction
[01:36:33.400 --> 01:36:36.400]  You're going to tell them what you're going to tell them
[01:36:36.400 --> 01:36:42.400]  You don't have to do that last because when you start out, you don't always know what you're going to tell them
[01:36:42.400 --> 01:36:45.400]  Because you haven't done all your homework yet
[01:36:45.400 --> 01:36:51.400]  As you do your homework, you'll find what issues you have and what the elements of the issues are
[01:36:51.400 --> 01:36:57.400]  And once you've got that part down, now what you want to do
[01:36:57.400 --> 01:37:03.400]  Now you know what claims you're going to make and what order you're going to make those claims in
[01:37:03.400 --> 01:37:08.400]  You want all of your claims to be in logical descending order
[01:37:08.400 --> 01:37:14.400]  Because then you start putting in your facts, where you don't give them all of the facts
[01:37:14.400 --> 01:37:22.400]  You select those facts that would lead a reasonable person of ordinary prudence
[01:37:22.400 --> 01:37:29.400]  To come to the conclusion that you came to in your argument in support
[01:37:29.400 --> 01:37:33.400]  What do you mean when you say logical descending?
[01:37:33.400 --> 01:37:38.400]  Well, from the first thing that happened to the next to the next to the next
[01:37:38.400 --> 01:37:42.400]  Don't start at the beginning and then go to the end and come back to the middle
[01:37:42.400 --> 01:37:45.400]  Oh, so just like in chronological order
[01:37:45.400 --> 01:37:46.400]  Exactly
[01:37:46.400 --> 01:37:48.400]  As things happen, okay
[01:37:48.400 --> 01:37:54.400]  So that they can follow one thing from another and this goes to referential index
[01:37:54.400 --> 01:37:58.400]  We've got a good feel for how these pieces fit together
[01:37:58.400 --> 01:38:01.400]  We can do our statement of facts in the same order
[01:38:01.400 --> 01:38:10.400]  But we only put in those facts that would tend to lead a person to come to the conclusion about the facts that we want them to
[01:38:10.400 --> 01:38:15.400]  Now we're going to tell them in the introduction
[01:38:15.400 --> 01:38:20.400]  These are the issues I will present and prove
[01:38:20.400 --> 01:38:24.400]  So in the introduction we've told them what we're going to tell them
[01:38:24.400 --> 01:38:31.400]  We go to the facts and the reader will try to stitch the facts together
[01:38:31.400 --> 01:38:40.400]  In a way that they can come to the conclusions and issues that you've told them you're going to prove
[01:38:40.400 --> 01:38:47.400]  They're going to read those facts to see if they can stitch them together in a way that supports what you said at the beginning
[01:38:47.400 --> 01:38:55.400]  So you kind of set them up to address your facts from the perspective that you want them to
[01:38:55.400 --> 01:39:05.400]  And if you do your job well, when they get to your points and authorities and instead of just facts, you give them the facts
[01:39:05.400 --> 01:39:16.400]  And then you give them the law that tells them how they should construe these facts to reach the conclusion that you want
[01:39:16.400 --> 01:39:24.400]  If your conclusion matches the conclusion they came to, they're going to think you're pretty smart
[01:39:24.400 --> 01:39:29.400]  And they're going to trust you more, it creates what we call rapport
[01:39:29.400 --> 01:39:42.400]  You'll get a much better reading and you will have had the reader go through all of the issues by the time they get finished
[01:39:42.400 --> 01:39:46.400]  They'll go through all the issues four times
[01:39:46.400 --> 01:39:51.400]  They'll go through briefly what the issues are in the introduction
[01:39:51.400 --> 01:39:57.400]  Once you finish the facts, then you create the introduction
[01:39:57.400 --> 01:40:03.400]  This is what I'm going to prove, and these are the facts I'm going to use to prove this with
[01:40:03.400 --> 01:40:08.400]  So they try to stitch these together, the facts of the second time through
[01:40:08.400 --> 01:40:13.400]  Then when they read your points and authority, that's the third time through, that's why you want these in order
[01:40:13.400 --> 01:40:21.400]  And logical descending order so they can move logically through time from one place to another and keep oriented
[01:40:21.400 --> 01:40:26.400]  And then when they go to the causes of action, you don't rewrite everything in the cause of action
[01:40:26.400 --> 01:40:34.400]  You want the claim in the points and authorities to pretty well match the cause of action
[01:40:34.400 --> 01:40:39.400]  So you go up and grab the argument and points and authority and drop it into causes of action
[01:40:39.400 --> 01:40:44.400]  And readjust it so that it reads more like a cause of action
[01:40:44.400 --> 01:40:48.400]  Once you're doing this and you see causes of action, you'll see how they're different
[01:40:48.400 --> 01:40:57.400]  You don't argue all the law in a cause of action, you just highlight all of the elements and the facts as they go to those elements
[01:40:57.400 --> 01:41:07.400]  So by doing the points and authorities first and then doing the facts, your facts will match your points and authorities nicely
[01:41:07.400 --> 01:41:13.400]  And then when you do your causes of action, you use the points and authorities to build your cause of action
[01:41:13.400 --> 01:41:27.400]  And then your conclusion, you can either do the conclusion before or after the interruption, they're kind of the same thing
[01:41:27.400 --> 01:41:35.400]  You tell them what you're going to tell them, you tell them, you tell them again, you tell them again and then you tell them what you told them
[01:41:35.400 --> 01:41:43.400]  It will allow the person to stitch all the pieces together, you know, on the air I say to read the code
[01:41:43.400 --> 01:41:49.400]  Don't try to understand it, just read it, because last time there's not going to make any sense to you
[01:41:49.400 --> 01:41:54.400]  But you're laying down referential index, you're putting in mental markers
[01:41:54.400 --> 01:41:59.400]  The second time you read it, you'll start stitching these pieces together
[01:41:59.400 --> 01:42:13.400]  When you read chapter 2 about 209, 1011, about magistrates, the second time you read it, you're going to say, oh, that's what chapter 16 was talking about
[01:42:13.400 --> 01:42:17.400]  You start stitching those things together through the code
[01:42:17.400 --> 01:42:22.400]  You want your reader reading your legal documents to do the same thing
[01:42:22.400 --> 01:42:32.400]  By the time they get to the conclusion, they read your conclusion, that will link them back to your cause of action, your argument and support and your facts
[01:42:32.400 --> 01:42:38.400]  And you should have someone with a very good concept of what you want
[01:42:38.400 --> 01:42:43.400]  Now, a little more on strategy
[01:42:43.400 --> 01:42:53.400]  The courts do not want you using the courts as the remedy of first resort, but rather the remedy of last resort
[01:42:53.400 --> 01:43:02.400]  They want you to exercise your administrative remedies first, and the one administrative remedy that they require you to use is a tort letter
[01:43:02.400 --> 01:43:09.400]  In common law, in the reform community, they would call it notice an opportunity to cure
[01:43:09.400 --> 01:43:22.400]  You take your lawsuit that you have built, and take the court heading off the top, take the prayer off the bottom, and change prayer to, I have been harmed to make me wholly be sued
[01:43:22.400 --> 01:43:40.400]  And you tell them I have been harmed, and put the body of the cleaning in there, and then just change the prayer to make me wholly be sued, and send it to them
[01:43:40.400 --> 01:43:47.400]  Now you've done that administrative duty, but you've also made your first pass through the document
[01:43:47.400 --> 01:43:55.400]  We'll get to the other two passes when we get back, ready to count and break down the rules on radio, and we'll be right back
[01:44:18.400 --> 01:44:26.400]  What to do when contacted by phones, mail, or court summons? How to answer letters and phone calls?
[01:44:26.400 --> 01:44:33.400]  How to get debt collectors out of your credit reports? How to turn the financial tables on them and make them pay you to go away?
[01:44:33.400 --> 01:44:38.400]  The Michael Mearris proven method is the solution for how to stop debt collectors
[01:44:38.400 --> 01:44:49.400]  Personal consultation is available as well. For more information, please visit ruleoflawradio.com and click on the blue Michael Mearris banner, or email MichaelMearris at yahoo.com
[01:44:49.400 --> 01:45:00.400]  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 next
[01:45:00.400 --> 01:45:15.400]  Are you the plaintiff or defendant in a lawsuit? Win your case without an attorney with Jurisdictionary, the affordable, easy to understand 4-CD course that will show you how in 24 hours, step by step
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[01:45:34.400 --> 01:45:43.400]  Even if you're not in a lawsuit, you can learn what everyone should understand about the principles and practices that control our American courts
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[01:46:01.400 --> 01:46:16.400]  Hello. Oh man, you're jailed. You got broken? Oh man, I'm broken.
[01:46:16.400 --> 01:46:31.400]  Something in this world I will never understand, something I realize fully
[01:46:31.400 --> 01:46:39.400]  Somebody's on a police, a police man, somebody's on a police, a police
[01:46:39.400 --> 01:46:47.400]  There's always room at the top of the head, I hear through the gray vines in his lawn
[01:46:47.400 --> 01:46:58.400]  Okay, we are back. Randy Kelton, Brett Fountain, Rule of Law Radio, and we're talking about how to build legal documents
[01:46:58.400 --> 01:47:07.400]  Lost my place, Brett. I was too busy on the break. We finished our statement of facts. Oh yeah, okay, I don't where I'm at
[01:47:07.400 --> 01:47:17.400]  You send them a tort letter, and instead of just writing off a letter saying, you dirty rotten scoundrels, you did all these horrible things to me, make me whole to be sued
[01:47:17.400 --> 01:47:26.400]  What the tort letter is about is giving them opportunity, give them notice and opportunity to cure
[01:47:26.400 --> 01:47:31.400]  Before they wind up in court, they have to hire lawyers and spend lots of money for lawyers
[01:47:31.400 --> 01:47:44.400]  If you send them a tort letter that's convincing enough, they might offer to write you a check before they have to hire a lawyer
[01:47:44.400 --> 01:47:55.400]  Most of the time they won't, but you never know. We don't care about that. The tort letter gets us the first pass through the document
[01:47:55.400 --> 01:48:01.400]  It don't have to be perfect. This is not going to court. This is just going to the other side
[01:48:01.400 --> 01:48:13.400]  But a tort letter written as a lawsuit, when the defendant gets it, he's going to give it to his legal counsel and legal counsel is going to look at it
[01:48:13.400 --> 01:48:25.400]  And the legal counsel is going to tell the guy, this guy's not kidding. He really is going to sue you because he's already written the lawsuit
[01:48:25.400 --> 01:48:28.400]  It's done. It just means that they're betting on it
[01:48:28.400 --> 01:48:38.400]  Exactly. So then, when you do a document like this, never just write a document and send it
[01:48:38.400 --> 01:48:46.400]  Every time I've done that, I've been horribly embarrassed because I got all kind of screwed up stuff in it
[01:48:46.400 --> 01:48:55.400]  So after you've sent the tort letter, if it's a governmental entity, they get 60 days. Everybody else gets 30
[01:48:55.400 --> 01:49:04.400]  Then you go back to it and turn it back into a court pleading
[01:49:04.400 --> 01:49:16.400]  Then you go back through the whole thing a second time. You will find all kinds of stuff you missed, you didn't explain right, you'll make all kinds of adjustment
[01:49:16.400 --> 01:49:28.400]  Your document will get much better. You file it in the court. The other side is going to file an opposition and when you address their opposition
[01:49:28.400 --> 01:49:36.400]  Take your suit and always work from your suit. Take the arguments in your suit
[01:49:36.400 --> 01:49:46.400]  Excuse me, I'm having a voice issue today and develop those arguments in responding to their motions and pleadings
[01:49:46.400 --> 01:49:52.400]  Then you can always expect the court to rule against you out of hand at every turn
[01:49:52.400 --> 01:49:59.400]  Everybody should expect that. Never expect to win your case in the trial court
[01:49:59.400 --> 01:50:09.400]  The rule is you can never expect to win your case simply because you have the law and the facts on your side. If you think so, it is naive
[01:50:09.400 --> 01:50:15.400]  It's not that way now. It never has been that way as long as we've had human beings as judges
[01:50:15.400 --> 01:50:27.400]  You can expect to win your case if you have the politics on your side and all politics is local. In the matter of a court case, the politics occurs in the court of appeals
[01:50:27.400 --> 01:50:33.400]  That's where we get the politics. You don't care what the judge does
[01:50:33.400 --> 01:50:41.400]  Your only purpose in the trial court is to set the record for appeal
[01:50:41.400 --> 01:50:51.400]  When the judge rules against you, then you file a request for findings of fact and conclusions at law
[01:50:51.400 --> 01:50:58.400]  The judge has two deities. We spoke to this earlier. Determine the facts in accordance with the rules of evidence
[01:50:58.400 --> 01:51:08.400]  Apply the laws that comes to him to the facts in the case. You want to see the facts on which the court relied and the law they applied to those facts
[01:51:08.400 --> 01:51:17.400]  He's going to have your law. The judge is going to have your law and is also going to have the law from opposing side
[01:51:17.400 --> 01:51:31.400]  So you want to see what law the judge applied to the facts. When you ask for findings of fact and conclusions at law, you always give the judge findings of fact and conclusions at law
[01:51:31.400 --> 01:51:48.400]  So you take your lawsuit and you adjust it as these are the facts presented to the court. This is the law and this is how the court should apply the law to the facts
[01:51:48.400 --> 01:51:57.400]  You give him findings of fact and conclusions at law. What this is, is the first time through for your appeal
[01:51:57.400 --> 01:52:07.400]  So this will give you your first time through. You give that to him and ask him to either give you findings of fact or accept yours
[01:52:07.400 --> 01:52:15.400]  They'll never accept yours, but that gets your arguments on the court record
[01:52:15.400 --> 01:52:24.400]  The court of appeals can only hear what's in the record. You can't bring anything new to the court of appeals unless
[01:52:24.400 --> 01:52:32.400]  It's based on new evidence that was not available at the time
[01:52:32.400 --> 01:52:39.400]  So your first pass through your appeal is your findings of fact and conclusions at law
[01:52:39.400 --> 01:52:47.400]  Now if you kind of screw up some parts of that, heck it don't make any difference. Anyway, just get your first pass done
[01:52:47.400 --> 01:52:59.400]  And when he refuses to respond to it, you send a notice of appeal, take your findings of fact and conclusions at law, readjust those slightly for the court of appeals
[01:52:59.400 --> 01:53:11.400]  And you have your appellate document. Every step you take, from the beginning, builds toward your appellate brief
[01:53:11.400 --> 01:53:27.400]  So that you're not doing each one separate. This is a procedure. Once you've been through this procedure one time, you will become very comfortable in taking on these courts
[01:53:27.400 --> 01:53:48.400]  When someone threatens to sue me, okay, I'm impressed, right? Or if I'm looking to sue someone else, it's like riding a bicycle. The first time I got on one, I bounced my head off the concrete a few times. It took a while
[01:53:48.400 --> 01:54:01.400]  But then I began to get it. And after I was able to ride by myself for 100 feet the first time, the rest of it was relatively a piece of cake
[01:54:01.400 --> 01:54:14.400]  You look at creating a lawsuit. It looks incredibly complicated and complex. You look at the law in front of you. It is so incredibly complicated. How could anybody do it?
[01:54:14.400 --> 01:54:26.400]  Well, you do it one little step at a time. And get the litigation guide for your state if you can find one, if you can't get the ones for Texas
[01:54:26.400 --> 01:54:42.400]  O'Connor's publishes for Texas and California right now. I expect them to be picking up other states. But either one of those, no matter what state you're in, will give you the structure
[01:54:42.400 --> 01:54:58.400]  It will warn you about the rules that apply. You don't have to read and study the whole rule book. When you're looking at a particular motion you're pleading, the litigation guide will tell you what laws apply so you don't have to have all that memorized
[01:54:58.400 --> 01:55:10.400]  Lawyers don't have it all memorized. Anybody who's read the Code of Criminal Procedure twice knows the Code of Criminal Procedure better than any living lawyer anyway
[01:55:10.400 --> 01:55:27.400]  They don't need to have all this in their mind. They've got litigation guides for that. So, this is my story. When I do the seminar I will probably do about four hours on this
[01:55:27.400 --> 01:55:43.400]  It's kind of condensed here. I'll have examples and forms and I can walk you through how to build them and show you how they all fit together. I have a similar pattern for criminal charges.
[01:55:43.400 --> 01:55:59.400]  I talk about filing criminal charges all the time. I have a similar pattern for those and I'll address that in the seminar. So, if you're interested in the seminar, send me an email. I'm trying to get an idea of how many people that are actually interested.
[01:55:59.400 --> 01:56:24.400]  And if I get enough interest I'll start doing these seminars. It is the right time. Everybody's awake right now. Everybody's interested right now. And this thing with the governor worked out really well because it demonstrates what one singular individual can do if they're focused and dedicated.
[01:56:24.400 --> 01:56:31.400]  It is time for all of us to stand up. We can change everything.
[01:56:31.400 --> 01:56:43.400]  And place I suggest that you start this is if you don't already have a traffic ticket go out and get you one.
[01:56:43.400 --> 01:56:57.400]  This is a great place and there are some really interesting tools we have available. I looked at the declaratory judgment statute for Texas.
[01:56:57.400 --> 01:57:24.400]  Texas, Illinois, Florida, I'm sorry, Texas, Georgia, Florida, read precisely the same exact same verbiage, but you can get a traffic ticket and say, I'm not in commerce and this complaint doesn't address the element of commerce.
[01:57:24.400 --> 01:57:50.400]  So instead of adjudicating this in front of the local judge, you can file a petition for declaratory judgment, jerk it out of the municipal court right into the district court and ask the court to rule on the application of a commercial transportation statutory scheme to a private operator.
[01:57:50.400 --> 01:57:58.400]  Most likely as soon as they get the notice, we'll drop the case immediately.
[01:57:58.400 --> 01:58:19.400]  There are a lot of things that we can do, a lot of tools that we have available and go through this presentation two or four times. If you're going to build a lawsuit, if you're planning to sue somebody, you will make your life way easier.
[01:58:19.400 --> 01:58:35.400]  I apologize for not having phones tonight. We should have whatever the problem is taking care of tomorrow night. So if you had a question or comment and weren't able to get to it tonight, call in tomorrow.
[01:58:35.400 --> 01:58:50.400]  We're all good to everyone because we have four hours. Thank you all for listening and good night.
[01:58:50.400 --> 01:59:08.400]  Bibles for America is offering absolutely free, a unique study Bible called the New Testament Recovery Version. The New Testament Recovery Version has over 9,000 footnotes that explain what the Bible says verse by verse, helping you to know God and to know the meaning of life.
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[01:59:52.400 --> 02:00:00.400]  You're listening to the Logos Radio Network at LogosRadioNetwork.com.