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1 Web Images Maps News Video Gmail more ▼ Shopping Groups Books Scholar Finance Blogs YouTube Calendar Photos Documents Reader Sites even more » crystalfinancial@gmail.com | Web History | My Account | Sign out Google Advanced Search Preferences Web Results 1 - 10 of about 4,940 for legal clinic helps self represented litigants for elders . ( 0.31 seconds) Search Results Self-Representation Resource Guide Jan 13, 2009 ... "Self Represented Litigants and Court and Legal Services Responses to their Needs: What We ... Provides links to various legal hotlines for the elderly. ... Starting a Court-Based Self Help Center: 12 Core Resources. ... www.ncsconline.org/wc/CourTopics/ResourceGuide.asp?topic=ProSe - 61k - Cached - Similar pages - [PDF] ACTION PLAN TO ASSIST SELF-REPRESENTED LITIGANTS File Format: PDF/Adobe Acrobat - View as HTML San Francisco's Action Plan will serve self-represented litigants in San ... collection, traffic, guardianship issues, and court services for elders ... (a) We are currently providing most self-help services at the Civic Center ... Cooperative Restraining Order Clinic, Volunteer Legal Services Program and Eviction ... www.courtinfo.ca.gov/programs/equalaccess/documents/san_francisco.pdf - Similar pages - [PDF] Notes from the Mini White House Conference on Aging Session File Format: PDF/Adobe Acrobat - View as HTML The private bar is more involved in legal services for elders ... of legal assistance to self-represented litigants, including exploration of the role of ... www.whcoa.gov/about/des_events_reports/ Legal %20Services%20Min

Legal Duties It is no reflection on either the breadth of the United States Constitution or the importance of traditional tort law to say that they do not address the same concerns.4 Thus, while negligence claims against a police officer or the department may be recognized under state law, the Supreme Court has held that simple negligence-or lack of due care-is insufficient to establish the violation of a federal constitutional right. These distinctions between state tort claims and federal constitutional tort claims can have a bearing on the different ways the courts treat allegations of policy violations. The basic formula for any lawsuit is 1) existence of a legal duty owed by one party to another, 2) an alleged breach of that duty, and 3) injury or loss resulting from that breach. Legal duties may arise in a variety of contexts, but most generally are established by custom, statute, or constitutional law. Whatever its source, a legal duty must be owed to the plaintiff by the named defendant in order for a civil suit to be viable. That being the case, a departmental policy must create a legal duty to a potential plaintiff before a violation of that policy can create liability. In reality, whether a policy violation is even relevant to the question of the legal liability of an officer or department depends to a large extent upon the nature of the claim and the forum in which it is brought. For example, policy violations in tort claims brought under state law alleging negligence will generally be treated differently than claims brought under federal law alleging violations of federal constitutional rights. The relevance of departmental policy also can depend upon whether a legal duty, or standard of conduct, is clearly delineated by law, or whether it is determined by reference to custom or practice.

PrintPrint EmailEmail Share Author: Prairie State Legal Services Last updated: March 2009 (Chapter 8 Section 1 of Senior Citizens Handbook) * The Elder Abuse and Neglect Act * The Illinois Domestic Violence Act * Self Neglect * Criminal Laws * Where to Get Help In this section, we discuss laws intended to protect our elder citizens from abuse, neglect, and exploitation by family members, caregivers, and others. These laws provide protection through the Court, including Orders of Protection and criminal prosecution. Each county in Illinois has a designated agency to investigate reports of abuse, neglect, and/or exploitation of persons age 60 or older. These agencies also assist persons in obtaining needed services. The Elder Abuse and Neglect Act The Purpose of the Act This statute assures that local agencies will be funded by the Illinois Department on Aging in order to offer help to persons age 60 and older who may be abused, neglected, or exploited by family, household members, or caregivers. Any person who suspects the abuse, neglect, or financial exploitation of such a person may report this suspicion to the designated local agency. Any person making a report under the belief that it is in the senior's best interests is immune from any criminal or civil liability, or professional disciplinary action on account of making the report. The identity of a person making a report cannot be disclosed by the agency or by the Department on Aging to anyone else unless it is with that person's consent or by court order. Certain kinds of persons are required by law to make reports if they suspect abuse of a senior and have reason to believe that the senior is unable to seek assistance for himself or herself. They are called mandated reporters. Examples: Social workers, policemen, teachers, and doctors are mandated reporters. Note: The law exempts attorneys, legal service providers and bankers from mandatory reporting. The Procedure When A

PrintPrint EmailEmail Share Author: Prairie State Legal Services Last updated: March 2009 (Chapter 8 Section 1 of Senior Citizens Handbook) * The Elder Abuse and Neglect Act * The Illinois Domestic Violence Act * Self Neglect * Criminal Laws * Where to Get Help In this section, we discuss laws intended to protect our elder citizens from abuse, neglect, and exploitation by family members, caregivers, and others. These laws provide protection through the Court, including Orders of Protection and criminal prosecution. Each county in Illinois has a designated agency to investigate reports of abuse, neglect, and/or exploitation of persons age 60 or older. These agencies also assist persons in obtaining needed services. The Elder Abuse and Neglect Act The Purpose of the Act This statute assures that local agencies will be funded by the Illinois Department on Aging in order to offer help to persons age 60 and older who may be abused, neglected, or exploited by family, household members, or caregivers. Any person who suspects the abuse, neglect, or financial exploitation of such a person may report this suspicion to the designated local agency. Any person making a report under the belief that it is in the senior's best interests is immune from any criminal or civil liability, or professional disciplinary action on account of making the report. The identity of a person making a report cannot be disclosed by the agency or by the Department on Aging to anyone else unless it is with that person's consent or by court order. Certain kinds of persons are required by law to make reports if they suspect abuse of a senior and have reason to believe that the senior is unable to seek assistance for himself or herself. They are called mandated reporters. Examples: Social workers, policemen, teachers, and doctors are mandated reporters. Note: The law exempts attorneys, legal service providers and bankers from mandatory reporting. The Procedure When A

1 C ONSTITUTIONAL L AW O UTLINE I. The Building Blocks Marbury v. Madison (1803) Marshall - political struggle between John Adams and Federalists and successor Thomas Jefferson and the Republicans - Commissions for justices signed by Adams but not yet delivered when he left office; Jefferson administration refused to honor appointments for which commissions had not actually been delivered - Marbury : would-be justice of the peace; brought suit directly in S.Ct. sought writ of mandamus compelling Madison to deliver their commissions - Madison : Secretary of State for Jefferson - Which branch shall have final say interpreting the Constitution? Q1: Does Marbury have a RIGHT to commission? Q2: Does he have a REMEDY? Q3: Is remedy a MANDAMUS? Q4: Can a mandamus be issued from THIS COURT? Marshall's Decision: a. Right to Commission: Yes, on facts and law he has a legal right b. Remedy: Yes, judicial remedy will not interfere improperly with executive's constitutional discretion (Marshall acknowledged that there are some Qs which legislature is better equipped to deal with but this is not one of them) c. Mandamus not allowed i. § 13 of Judiciary Act of 1789 allows Court to issue mandamus ii. Article III § 2(2) gives Court original jurisdiction in a few cases and appellate jurisdiction in the rest. Writ of mandamus not among the cases as to which original jurisdiction is conferred on S.Ct. Congressional statute at odds with Constitution d. Supremacy of Constitution: If S.Ct. identifies a conflict between const. provision and congressional statute, the Court has the authority (and the duty) to declare the statute unconstitutional and to refuse to enforce it. i. Constitution is paramount: The very purpose of written constitution is to establish fundamental and paramount law. An act which is repugnant to C cannot become law of the land. ii. Who interprets: "It is emphatically the province and duty of the judicia

1 C ONSTITUTIONAL L AW O UTLINE I. The Building Blocks Marbury v. Madison (1803) Marshall - political struggle between John Adams and Federalists and successor Thomas Jefferson and the Republicans - Commissions for justices signed by Adams but not yet delivered when he left office; Jefferson administration refused to honor appointments for which commissions had not actually been delivered - Marbury : would-be justice of the peace; brought suit directly in S.Ct. sought writ of mandamus compelling Madison to deliver their commissions - Madison : Secretary of State for Jefferson - Which branch shall have final say interpreting the Constitution? Q1: Does Marbury have a RIGHT to commission? Q2: Does he have a REMEDY? Q3: Is remedy a MANDAMUS? Q4: Can a mandamus be issued from THIS COURT? Marshall's Decision: a. Right to Commission: Yes, on facts and law he has a legal right b. Remedy: Yes, judicial remedy will not interfere improperly with executive's constitutional discretion (Marshall acknowledged that there are some Qs which legislature is better equipped to deal with but this is not one of them) c. Mandamus not allowed i. § 13 of Judiciary Act of 1789 allows Court to issue mandamus ii. Article III § 2(2) gives Court original jurisdiction in a few cases and appellate jurisdiction in the rest. Writ of mandamus not among the cases as to which original jurisdiction is conferred on S.Ct. Congressional statute at odds with Constitution d. Supremacy of Constitution: If S.Ct. identifies a conflict between const. provision and congressional statute, the Court has the authority (and the duty) to declare the statute unconstitutional and to refuse to enforce it. i. Constitution is paramount: The very purpose of written constitution is to establish fundamental and paramount law. An act which is repugnant to C cannot become law of the land. ii. Who interprets: "It is emphatically the province and duty of the judicial

1 C ONSTITUTIONAL L AW O UTLINE I. The Building Blocks Marbury v. Madison (1803) Marshall - political struggle between John Adams and Federalists and successor Thomas Jefferson and the Republicans - Commissions for justices signed by Adams but not yet delivered when he left office; Jefferson administration refused to honor appointments for which commissions had not actually been delivered - Marbury : would-be justice of the peace; brought suit directly in S.Ct. sought writ of mandamus compelling Madison to deliver their commissions - Madison : Secretary of State for Jefferson - Which branch shall have final say interpreting the Constitution? Q1: Does Marbury have a RIGHT to commission? Q2: Does he have a REMEDY? Q3: Is remedy a MANDAMUS? Q4: Can a mandamus be issued from THIS COURT? Marshall's Decision: a. Right to Commission: Yes, on facts and law he has a legal right b. Remedy: Yes, judicial remedy will not interfere improperly with executive's constitutional discretion (Marshall acknowledged that there are some Qs which legislature is better equipped to deal with but this is not one of them) c. Mandamus not allowed i. § 13 of Judiciary Act of 1789 allows Court to issue mandamus ii. Article III § 2(2) gives Court original jurisdiction in a few cases and appellate jurisdiction in the rest. Writ of mandamus not among the cases as to which original jurisdiction is conferred on S.Ct. Congressional statute at odds with Constitution d. Supremacy of Constitution: If S.Ct. identifies a conflict between const. provision and congressional statute, the Court has the authority (and the duty) to declare the statute unconstitutional and to refuse to enforce it. i. Constitution is paramount: The very purpose of written constitution is to establish fundamental and paramount law. An act which is repugnant to C cannot become law of the land. ii. Who interprets: "It is emphatically the province and duty of the judicial

that lawyers with previous experience before the Court prevail "substantially more often."57 Data from the Solicitor General's office also support this theory http://www.law.duke.edu/shell/cite.pl?48+Duke+L.+J.+111

Legal | Consumer | Child Support (DCS) | Other Government Legal Oregon Courts Oregon Revised Statutes Links Oregon Constitution Links Oregon Administrative Rules Oregon State Bar Association United States Courts Ninth Circuit Court of Appeals United States Supreme Court Consumer American Association of Retired Persons Better Business Bureau Construction Contractors Board Federal Communication Commission Federal Trade Commission Food & Drug Administration Securities and Exchange Commission Division of Child Support DCS Links Other Government United States Department of Justice United States Senate United States House of Representatives Oregon Legislature Oregon Governor State of Oregon |Back to Top

Legal | Consumer | Child Support (DCS) | Other Government Legal Oregon Courts Oregon Revised Statutes Links Oregon Constitution Links Oregon Administrative Rules Oregon State Bar Association United States Courts Ninth Circuit Court of Appeals United States Supreme Court Consumer American Association of Retired Persons Better Business Bureau Construction Contractors Board Federal Communication Commission Federal Trade Commission Food & Drug Administration Securities and Exchange Commission Division of Child Support DCS Links Other Government United States Department of Justice United States Senate United States House of Representatives Oregon Legislature Oregon Governor State of Oregon |Back to Top

Page 1 1 June 19, 2006 Honorable Dirk Kempthorne, James E. Cason, Secretary of the Interior Associate Deputy Secretary Department of the Interior Bureau of Indian Affairs 1849 C Street NW Department of Interior Washington, D.C. 20240 1849 C Street NW Washington, D.C. 20240 George Skibine, Acting Deputy Assistant Secretary, Philip Hogen, Chairman for Policy and Economic Development Penny Coleman, Director, General Counsel Office of the Assistant Secretary of National Indian Gaming Commission Indian Affairs - Indian Gaming 1441 L Street, NW 1849 C Street NW Suite 9100 Washington, D.C. 20240 Washington, D.C. 20005 Honorable Governor Christine Gregoire Attorney General, Rob McKenna State of Washington State of Washington P.O. Box 40002 1125 Washington St. SE Olympia, WA 98504-0002 Olympia, WA 98504 RE: EMERGENCY REQUEST FOR TEMPORARY SUSPENSION (90 DAYS) OF CONSTRUCTION OF PROPOSED NOOKSACK TRIBAL CLASS II CASINO ON THE INTERNATIONAL BORDER, NEAR LYNDEN, WA, PENDING: 1. DUE DILIGENCE OF CRIMINAL BACKGROUND INVESTIGATIONS OF TRIBAL MANAGEMENT AND INVESTORS; 2. DUE DILIGENCE REGARDING FEDERAL SUPERINTENDENCE, TRUST STATUS OF LAND, REGARDING GAMING ELIGIBILITY; AND 3. UNAMBIGUOUS VIOLATIONS OF 42 U.S.C. 1981, 1982, 1983 AND 1985 (CIVIL RIGHTS VIOLATIONS) AFFECTING WHATCOM COUNTY CITIZENS, ADJACENT LANDOWNERS, AND NOOKSACK TRIBAL MEMBERS. Dear Secretary Kempthorne, Governor Gregoire, et al, This letter requests your urgent attention to a project thus far approved by state and federal agencies that combines expansion of tribal governance, Indian gaming and international border vulnerability. The project is scheduled for ceremonial groundbreaking on or about June 18, 2006. As Chair of our national organization, I was invited to inspect the project location, met with several Nooksack tribal members, and community members in Lynden, Washington (Whatcom County). What I have seen and heard, and since researched, is alarming. Background. The project applicant, Nooksack Tribe of Wa

Page 1 1 June 19, 2006 Honorable Dirk Kempthorne, James E. Cason, Secretary of the Interior Associate Deputy Secretary Department of the Interior Bureau of Indian Affairs 1849 C Street NW Department of Interior Washington, D.C. 20240 1849 C Street NW Washington, D.C. 20240 George Skibine, Acting Deputy Assistant Secretary, Philip Hogen, Chairman for Policy and Economic Development Penny Coleman, Director, General Counsel Office of the Assistant Secretary of National Indian Gaming Commission Indian Affairs - Indian Gaming 1441 L Street, NW 1849 C Street NW Suite 9100 Washington, D.C. 20240 Washington, D.C. 20005 Honorable Governor Christine Gregoire Attorney General, Rob McKenna State of Washington State of Washington P.O. Box 40002 1125 Washington St. SE Olympia, WA 98504-0002 Olympia, WA 98504 RE: EMERGENCY REQUEST FOR TEMPORARY SUSPENSION (90 DAYS) OF CONSTRUCTION OF PROPOSED NOOKSACK TRIBAL CLASS II CASINO ON THE INTERNATIONAL BORDER, NEAR LYNDEN, WA, PENDING: 1. DUE DILIGENCE OF CRIMINAL BACKGROUND INVESTIGATIONS OF TRIBAL MANAGEMENT AND INVESTORS; 2. DUE DILIGENCE REGARDING FEDERAL SUPERINTENDENCE, TRUST STATUS OF LAND, REGARDING GAMING ELIGIBILITY; AND 3. UNAMBIGUOUS VIOLATIONS OF 42 U.S.C. 1981, 1982, 1983 AND 1985 (CIVIL RIGHTS VIOLATIONS) AFFECTING WHATCOM COUNTY CITIZENS, ADJACENT LANDOWNERS, AND NOOKSACK TRIBAL MEMBERS. Dear Secretary Kempthorne, Governor Gregoire, et al, This letter requests your urgent attention to a project thus far approved by state and federal agencies that combines expansion of tribal governance, Indian gaming and international border vulnerability. The project is scheduled for ceremonial groundbreaking on or about June 18, 2006. As Chair of our national organization, I was invited to inspect the project location, met with several Nooksack tribal members, and community members in Lynden, Washington (Whatcom County). What I have seen and heard, and since researched, is alarming. Background. The project applicant, Nooksack Tribe of Wa

The signs and symptoms of domestic violence for people with disabilities are similar to those of other forms of domestic violence. They may include physical violence, sexual assault, and emotional and/or psychological abuse. Victims with disabilities face unique barriers: * The abuser may be the victim's intimate partner, parent, or child as well as the primary caregiver. * The abuser may be the sole sign language interpreter. * Service availability and accessibility may be limited. * Providers and others may not understand the victim or the victim may not have language skills to describe the abuse. To exert power and control, the abuser may: * Isolate the victim from family, friends, and other community members. * Refuse or fail to provide basic life necessities such as food and water, medication, personal hygiene care, shelter, and comfort. * Threaten the victim with total abandonment. * Refuse to transport the victim to essential medical appointments. * Withhold financial support or deposit the victim's funds into their own personal account. * Withhold the use of their TTY device. As a victim with a disability, where can I find help in New York City? Legal Rights In New York City, it is against the law to intentionally cause physical injury to someone or put someone in fear of physical injury. Victims of domestic violence who are in danger should call 911 or have a friend or neighbor call 911 immediately. Victims may also go to the nearest police station for help. Hotlines New York City's 24-hour, toll-free, all-language Domestic Violence Hotline can help victims of domestic violence with disabilities to find appropriate support and shelter services. The domestic violence hotline maintains a comprehensive list of service agencies in New York City to meet the specific needs of all victims. Please call the hotline at 800-621-HOPE (4673) or TTY 800-810-7444 for more information. Barrier Free Livi

The signs and symptoms of domestic violence for people with disabilities are similar to those of other forms of domestic violence. They may include physical violence, sexual assault, and emotional and/or psychological abuse. Victims with disabilities face unique barriers: * The abuser may be the victim's intimate partner, parent, or child as well as the primary caregiver. * The abuser may be the sole sign language interpreter. * Service availability and accessibility may be limited. * Providers and others may not understand the victim or the victim may not have language skills to describe the abuse. To exert power and control, the abuser may: * Isolate the victim from family, friends, and other community members. * Refuse or fail to provide basic life necessities such as food and water, medication, personal hygiene care, shelter, and comfort. * Threaten the victim with total abandonment. * Refuse to transport the victim to essential medical appointments. * Withhold financial support or deposit the victim's funds into their own personal account. * Withhold the use of their TTY device. As a victim with a disability, where can I find help in New York City? Legal Rights In New York City, it is against the law to intentionally cause physical injury to someone or put someone in fear of physical injury. Victims of domestic violence who are in danger should call 911 or have a friend or neighbor call 911 immediately. Victims may also go to the nearest police station for help. Hotlines New York City's 24-hour, toll-free, all-language Domestic Violence Hotline can help victims of domestic violence with disabilities to find appropriate support and shelter services. The domestic violence hotline maintains a comprehensive list of service agencies in New York City to meet the specific needs of all victims. Please call the hotline at 800-621-HOPE (4673) or TTY 800-810-7444 for more information. Barrier Free Livi

A defendant may be released on bail for all offenses except capital crimes. Public safety is the primary consideration in setting the bail amount. The court must conduct a hearing before deviating from the scheduled bail for a violent felony or for threatening a witness in a rape, domestic violence or criminal threat case. The court must state its reasons for deviating from the bail schedule. (Cal.Const Art. 1 Sect. 28, PC 1270.1, and PC 1275.)In violent felony cases, the district attorneys office, Division of Victim Services and the probation department are responsible for notifying victims and witnesses that they can request notification regarding the defendant's release. The Division of Victim Services will provide the forms to those victims and witnesses. (PC 679.03(a).)Inmates convicted of murder, voluntary manslaughter, life cases, stalking or a case where the defendant inflicted great bodily injury, cannot be released on parole within 35 miles of a victim or witness. However, the victim or witness must file the appropriate form with CDCR, and CDCR must find there is a need to protect the safety and well being of the victim or witness. (PC 3003.)Upon request, when a defendant is sent to state prison, the victim or next of kin will be notified of the defendant's release to work furlough or a reentry program at least 60 days prior to placement. If the inmate escapes, the victim must be given immediate notification. The victim should keep his or her request and current address on file using a form that can be obtained through the Division of Victim Services. (PC 679.02(a)(6), PC 11155.)The Right to be Protected13 -------------------------------------------------------------------------------- Page 17 An employer with more than 25 employees may not discriminate against an employee who has been a victim of a sex crime or domestic violence when that employee seeks medical attention or counseling. (LC 230.1.)Employers must allow crime victims or family members t

My Recent Bookmarks Friends' Recent Bookmarks Unread Bookmarks Bookmarks shared with me Recent Bookmarks X My Recent Bookmarks more » homicide case, administrative, exceptional Tags: homicide , case , closed , administrative , closure , exceptional about 3 hours ago Yahoo! News Search Results for supreme court cases elder victims of crime california legal assistance civil cases Tags: supreme , court about 3 hours ago Search Results - National Criminal Justice Reference Service Tags: Riverside , County , Corruption , publications , elder , abuse , court , system about 3 hours ago Topic - National Criminal Justice Reference Service Tags: crime , reference , service , victims , elders about 3 hours ago related:/interstitial?url=http://www.foruminfotech.net/legalaid/your_invitation.html - Google Search Tags: self , litigation , courts , elders , pro , se , legal , clinic , how , to about 3 hours ago Friends' Recent Bookmarks more » Find your friends to share great findings and see what you have in common. Bookmarks shared with me more » Yon don't have shared bookmarks from your friends See My Friends » Friends Activities NO friends with recent activities. Invite Friends Now Recent Visitors to My Profile No recent visitors yet 4 unread bookmarks Bookmarks specially shared with me My Diigo Tools My Account Nye Frank View My Profile Edit my profile Edit my picture Invite Your Friends Adding friends will enable you to have more meaningful knowledge sharing and interaction. Invite friends » Download Toolbar Download New Diigo Toolbar Sponsored links

9 See CAL. CIVIL CODE ¤1708.7 and WYO. STAT. ANN. ¤1-1-26. California's law allows victims of stalking to sue perpetrators for punitive damages.

Moreover, all 50 states and the District of Columbia have enacted anti-stalking laws, most of which impose criminal sanctions against stalkers. A few state legislatures have also enacted laws that create a civil law tort of stalking allowing victims of stalking to sue perpetrators for monetary damages.9 Finally, many laws have been passed that provide legal recourse for hate-motivated violence based on a victim's race, color, national origin, religion, gender, sexual orientation, disability, or age.10 Recommendations from the Field for Civil Remedies Civil Remedies Recommendation from the Field #1 Crime victims should be fully informed of their legal rights to pursue civil remedies. It is always the victim's decision whether or not to pursue a civil action against a

Prosser and Keeton on the Law of Torts, 5 ed. (1984), p. 360.th7Linden, Canadian Tort Law, 7th ed., at pp. 389

With all due respect to Dr. Herbert Modlin, his thesis does not do justice to the manyinnocent accident victims who suffer pain in silence, with indescribable sadness and with despair.Reactions to traumatic events effect people biologically, psychologically and socially. As23Hoffman, et al., state ,24"At the psychological level, traumatic reactions affect thinking, feeling andbehaviour. In the acute phaseafter a period of shock theremaybe anxiety, insomnia,nightmares,sensitivityto noise, fatigueandpain intrusiverecollectionsofthetraumain thoughts or images, either spontaneously or when reminded of the trauma. In thelong term there may be emotional disability (with or without physical injury) that iscomplicated by depression, irritability, philosophical pessimism, loss of hope anddecreased expectations in life, which eventually lead to personality change."(Underlining mine)According to Hoffman et al., "accident victims may feel uncontrollable anger (similar tovictims of crimes), guilt and self-blame (like victims in child abuse) or passivity, futility anddemoralization (similar to some Holocaust survivors). Unfortunately, the victims of civilianpersonal injuries tend to feel isolated and alone in their pain because there are no group experiencesor social support system to allow them to share their experiences with other victims."25How then, does plaintiff's counsel go about establishing and building a claim for emotionaldistress? -------------------------------------------------------------------------------- Page 11 (1998) 38 O.R. (3d) 651.26[2001] O.J. No. 5756 (S.C.J.).27VII. Building the Claim - The Insurance ActClaims for emotional distress have long been recognized and, since 1994, have beenpermitted bythe various incarnations of the InsuranceAct. It maybeuseful to recall that theOntarioMotorist Protection Plan (the first no-fault legislation which governed motor vehicle accident casesbetween June 22, 1990 and December 31, 1993), allowed compensation

According to Hoffman et al., "accident victims may feel uncontrollable anger (similar tovictims of crimes), guilt and self-blame (like victims in child abuse) or passivity, futility anddemoralization (similar to some Holocaust survivors). Unfortunately, the victims of civilianpersonal injuries tend to feel isolated and alone in their pain because there are no group experiencesor social support system to allow them to share their experiences with other victims."25How then, does plaintiff's counsel go about establishing and building a claim for emotionaldistress? -------------------------------------------------------------------------------- Page 11 (1998) 38 O.R. (3d) 651.26[2001] O.J. No. 5756 (S.C.J.).27VII. Building the Claim - The Insurance ActClaims for emotional distress have long been recognized and, since 1994, have beenpermitted bythe various incarnations of the InsuranceAct. It maybeuseful to recall that theOntarioMotorist Protection Plan (the first no-fault legislation which governed motor vehicle accident casesbetween June 22, 1990 and December 31, 1993), allowed compensation only if an injured person'simpairments were physical in nature. Claims for emotional distress unadorned with any physicalcomponent resulted in the claim being dismissed.However, if the emotional distress claim could be characterized as a "chronic pain claim"with both physical and psychological aspects, compensation was permitted (see in this regard,Chrappa v Ohm).During the OMPP era plaintiffs' counsel went to great lengths to meld26psychological distress with a physical component in order to be free of the rigid straightjacket of theOMPP threshold.With Bill 164, which took effect on January 1, 1994 and governed motor vehicle accidentcases until October 31, 1996, there was no impediment to obtaining compensation for a "seriousimpairment of an important physical, mental or psychological function". Bill 59 (which applies tomotor vehicle accidents between November 19

C L S : F C L A L -I E 20 Riverside Lawyer, September 2007. "Equal justice under law is not merely a caption on ... in LSC funding, the prohibition of federally funded legal assistance to the undocumented ... (PSLC) of the Riverside County Bar Association, the Inland ..... ney provides free legal assistance to victims of domestic vio- ... www. riverside .courts.ca.gov/legalassistance_rvsdlawyer_sept% 2007 .pdf - Similar pages - County of Riverside District Attorney's Office - Press Releases - 5 visits - Apr 13 RIVERSIDE COUNTY DA ROD PACHECO HONORS PROSECUTORS OF THE YEAR ... DISTRICT ATTORNEY ROD PACHECO SEEKS FUNDING FROM GOVERNOR FOR JUDGES TO EASE CASE BACKLOG IN RIVERSIDE ... September 26, 2007. ARRESTS MADE IN ELDER ABUSE WARRANT SWEEP ... DA PACHECO TO SPEAK TO CALIFORNIA'S PROSECUTORS REGARDING VICTIMS BILL OF ... www.rivcoda.org/News/press_releases.html - 45k - Cached - Similar pages - [DOC] CURRICULUM VITAE Scott J. Modell, Ph. D. Professor Department of ... File Format: Microsoft Word - View as HTML University Administration. 2007 - Present Director, UCP Autism Center for Excellence at .... Crime Victims with Disabilities Conference Striving for Justice II - University of ... Riverside County Elder Abuse Law Enforcement Training. ... www.hhs.csus.edu/modells/Law_Enforcement_Vita_2009.doc - Similar pages - IL OVC State Wide Assistance Report Aug 4, 2008 ... Services to Senior Victims of Violent Crime An elderly widower hired a woman ... crime victim compensation information, criminal justice advocacy with the ... These rates were substantially higher than those for Cook County and the ... The Authority used VOCA administrative funds during FFY 2007 to ... www.ojp.usdoj.gov/ovc/fund/sbsmap/ovcpf07il1.htm - 27k - Cached - Similar pages - [

Homicide: A Sourcebook of Social Research - Google Books Resultby M. Dwayne Smith, Margaret A. Zahn - 1998 - Social Science - 356 pages Justifiable homicide is defined as the killing of a person by a peace officer ... Exceptional clearances refer to the administrative closing of cases for a ... books.google.com/books?isbn=0761907653... Homicide StudiesThis is an exploratory study of exceptional clearances using homicide data from .... if police departments are following FBI guidelines ... The police in D.C. frequently close cases in ways that are called "administrative" or "by ... hsx.sagepub.com/cgi/reprint/11/2/151.pdf - Similar pages - by M Riedel - 2007 - Cited by 3 - Related articles - All 3 versions [PDF] Chapter 5

PDF] The Importance of Collaborating to Secure a Civil Right to CouFile Format: PDF/Adobe Acrobat - View as HTML meaningful access to justice through a civil right to counsel. .... the court found a right to counsel for victims of domestic violence .... denied their right to a fair hearing under Article 6, .... They must secure sufficient funds to support the .... elderly." Resolution on Right to Counsel in Housing Court, ... www.nycourts.gov/ip/partnersinjustice/Right-to-Counsel-Collaboration.pdf ACLU | Transition Plan | First Day, First Hundred Days, First Year ...Fair housing for domestic violence victims. Discrimination remedies ..... The Bush Administration has been attempting to implement a domestic airline .... Appoint all members to the Privacy and Civil Liberties Oversight Board and strongly urge ..... privilege and the right to counsel guaranteed by the Constitution. ... www.aclu.org/transition/ Preventing Violence Against WomenFeb 26, 1999 ... To help break the cycle of violence, the Clinton Administration has made stopping .... Immigration Bill Provision for Domestic Violence Victims ... services and are not denied services due to changes in deeming rules. ... AoA funds state elder abuse prevention programs in all 50 states that focus on ... library.findlaw.com/1999/Feb/26/127977.html Working with Victims of Crime with DisabilitiesOct 1, 2008 ... Historically, all victims of crime have been denied full participation in the criminal justice process. .... Some victims, particularly elderly and those with developmental ..... The Violence Against Women Grants Office and the Civil Rights ... The right to counsel. * The right to reparations. ... www.ojp.usdoj.gov/ovc/publications/factshts/disable.htm Depending on the Kindness of Strangers: Making Civil Gideon a ...Become an Agent of Change: Support JWI's Campaign for Domestic Violence Awareness Month ... Weinberg Elder Abuse Shelter Casts a Broader Safety Net ... violated when indigent

Page 1 Page 2 NATIONAL DISTRICT ATTORNEYS ASSOCIATION POLICY POSITIONS ON THE PROSECUTION OF ELDER ABUSE, NEGLECT, AND FINANCIAL EXPLOITATION Adopted: March 22, 2003 by the Board of Directors in New Orleans, Louisiana National District Attorneys Association 99 Canal Center Plaza, Suite 510 Alexandria, Virginia 22314 Telephone: 703-549-9222 Facsimile: 703-836-3195 Page 3 i INDEX TOPIC PAGE NO. Magnitude of Elder Abuse …………………………………………….. 1-2 Current Elder Population ……………………………………… 2-3 Projected Increase in the Elder Population …………………… 3 Number of Individuals in Nursing Homes ……………………. 3 Elder Abuse in Domestic Settings ……………………………… 3-4 Elder Abuse in Institutional Settings ………………………...... 4-5 Elder Abuse and the Prosecutor's Office Office Organization ……………………………………………... 5-6 Training Training to Understand Crimes against Elders ……………….. 7-9 Training to Understand the Elder Victim ……………………… 9 Victim's Services ………………………………………………………… 10-13 Funding …………………………………………………………………… 13-14 Multidisciplinary Approach …………………………………………….. 14-15 Public Awareness ………………………………………………………… 15-17 State Legislation State Criminal Laws ………………………………………………. 17 State Mandatory Reporting Laws ………………………………… 18 Special Trial Procedures and Evidentiary Rules ………………… 18-19 Page 4 1 NATIONAL DISTRICT ATTORNEYS ASSOCIATION POLICY POSITIONS ON THE PROSECUTION OF ELDER ABUSE, NEGLECT, AND FINANCIAL EXPLOITATION Introduction: Since May of 1986, the National District Attorneys Association has become increasingly concerned about the growing problem of eld

Page 1 Page 2 NATIONAL DISTRICT ATTORNEYS ASSOCIATION POLICY POSITIONS ON THE PROSECUTION OF ELDER ABUSE, NEGLECT, AND FINANCIAL EXPLOITATION Adopted: March 22, 2003 by the Board of Directors in New Orleans, Louisiana National District Attorneys Association 99 Canal Center Plaza, Suite 510 Alexandria, Virginia 22314 Telephone: 703-549-9222 Facsimile: 703-836-3195 Page 3 i INDEX TOPIC PAGE NO. Magnitude of Elder Abuse …………………………………………….. 1-2 Current Elder Population ……………………………………… 2-3 Projected Increase in the Elder Population …………………… 3 Number of Individuals in Nursing Homes ……………………. 3 Elder Abuse in Domestic Settings ……………………………… 3-4 Elder Abuse in Institutional Settings ………………………...... 4-5 Elder Abuse and the Prosecutor's Office Office Organization ……………………………………………... 5-6 Training Training to Understand Crimes against Elders ……………….. 7-9 Training to Understand the Elder Victim ……………………… 9 Victim's Services ………………………………………………………… 10-13 Funding …………………………………………………………………… 13-14 Multidisciplinary Approach …………………………………………….. 14-15 Public Awareness ………………………………………………………… 15-17 State Legislation State Criminal Laws ………………………………………………. 17 State Mandatory Reporting Laws ………………………………… 18 Special Trial Procedures and Evidentiary Rules ………………… 18-19 Page 4 1 NATIONAL DISTRICT ATTORNEYS ASSOCIATION POLICY POSITIONS ON THE PROSECUTION OF ELDER ABUSE, NEGLECT, AND FINANCIAL EXPLOITATION Introduction: Since May of 1986, the National District Attorneys Association has become increasingly concerned about the growing problem of eld

Problems with the Legal System Problems with law enforcement (19%) were viewed as barriers to service delivery for APS clients and were manifested in such areas as: lack of training for law enforcement staff, inadequate criminal investigations, low rates of prosecution, and unwillingness of the courts to deal with APS issues. One state mentioned that no single agency had authority to investigate allegations of adult abuse, neglect and exploitation and that coordination among agencies was problematic. Another state mentioned that neglect and exploitation cases may sit in the prosecutor's office for six to nine months with no action. A lack of coordination and collaboration between APS agencies and law enforcement was mentioned by several states.

FOURTH QUESTION PRESENTED Must boards disclose investigative information that they receive from police agencies? SHORT ANSWER Investigative information that a board receives from a police agency is not "privileged" or "confidential" under ORS 676.175(3) and boards must disclose that information if it was obtained in the investigation of the allegations in the notice and if no other exception applies

unclaimed funds, County can use for other county exspenses, such as victim funds

The fundamental barrier to applying that privilege to information obtained in board investigations is that board investigations are not conducted "for the purpose of facilitating the rendition of professional legal services to the client." ORS 676.165 provides, in relevant part: (1) Upon receipt of a complaint by any person against a licensee or applicant, a health professional regulatory board shall assign one or more persons to act as investigator of the complaint. (2) The investigator shall collect evidence and interview witnesses and shall make a report to the board. The investigator shall have all investigatory powers possessed by the board. (3) The report to the board shall describe the evidence gathered, the results of witness interviews and any other information considered in preparing the report of the investigator. The investigator shall consider, and include in the report, any disciplinary history of the licensee or applicant with the board. That statute vests authority to direct investigations into complaints about licensees or applicants in boards, not the attorney general's office. It also clarifies that board investigations are not conducted "for the purpose of facilitating the rendition of professional legal services," but to carry out the boards' statutorily-mandated duty to investigate the complaints it receives. Nor do we believe that substituting an investigator from the Department of Justice for an investigator employed by the board to carry out the investigation would alter the statutory purpose of such investigations and render them to be "for the purpose of facilitating the rendition of professional legal services."

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