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This is the html version of the file http://students.law.ucdavis.edu/LSA/files/outlines/Civ%20Pro%20-%20Unknown%20-%200203.doc. Google automatically generates html versions of documents as we crawl the web. CIV PRO OUTLINE As of 5/1 1. WHAT'S CIVIL PROCEDURE? 1. Prescribes and administers process for enforcing rights and duties specified in substantive law 2. EVOLUTION OF CIVIL PROCEDURE (pgs. 18-32) 1. Significant Anglo-Saxon institutions at time of conquest: 1. Crown 2. Local tribunals 1. Slow and uncertain in operation 2. Earliest forms of royal intervention 1. Executive 2. Administrative 3. Writ 1. Written directive from king to royal official/to individual/group of individuals ordering addressees to do/refrain from doing designated act 2. Procedural steps by which prosecuted not uniform 3. Praecipe 1. Executive command made without inquiry 4. Novel disseisin/querela 1. Derived from procedure in which judicial inquest of complaints heard first and then executive action followed 4. king's direct entertainment of complaints of subjects 3. Early evolution of royal courts 1. Medieval central government 1. King's court/curia regis 2. Why separate branches? 1. Administrative necessity for orderly record keeping 2. Historical fact that early Plantagenet kings had domains in France that were more important to them than England and which required their presence on continent for long periods of time (king absent a lot) 4. Common law procedure 1. Background of all medieval litigation was hope of bringing parties to some sort of voluntary accord

This is Google's cache of http://www.ncea.aoa.gov/ncearoot/main_site/Library/CANE/CANE_Series/CANE_FinancialExploitation.aspx. It is a snapshot of the page as it appeared on Jun 27, 2010 13:10:27 GMT. The current page could have changed in the meantime. Learn more Text-only versionThese search terms are highlighted: financial elderly person includes constitute property crimes regardless age victim california These terms only appear in links pointing to this page: exploytation acts thin includes U.S. Administration on Aging Home NCEA E-News State Resources Calendar About NCEA What We Do NCEA Partners NCEA Initiatives Find Help Help Hotline ElderCare Locator Find State Resources Resources for Families Adult Protective Services FAQ's Frequently Asked Questions Basics Resource for Professionals Nursing Home Abuse Resources Community Outreach Newsletter NCEA Listserve Online Links Promising Practice Library CANE Publications Events & Webcast Laws Statistic & Research Training Library Abuse Statistics Survey, Reports & Testimonies Research Briefs & Agenda National Incident Study Home > Library > CANE Printer Friendly Text Size: T T T Financial Exploitation of the Elderly: An Update of the Literature Financial exploitation of the elderly is becoming an increasingly familiar problem. Regular review of news headlines reveals that elders and vulnerable adults are victimized routinely by frauds, scams and identity theft, at the hands of strangers as well as loved ones, not only in the United States, but throughout the world. As technology advances, perpetrator

Desktop 1Web Images Videos Maps News Shopping Gmail more ▼Books Finance Translate Scholar Blogs YouTube Calendar Photos Documents Reader Sites Groups even more » racingnyefrank@gmail.com | Web History | Settings ▼ | Sign outSearch settings Google Account settings Google Advanced Search WebHide optionsShow options... Results 1 - 10 of about 87,500 for PROCEDURAL REQUIREMENTSA. California Government CodeB. Federal Civil Rights Actions. (0.62 seconds) Search Options › All results Images Videos News Blogs Updates Books Discussions › Any time Latest Past 24 hours Past week Past year › Specific date range From: To: ex: 5/23/2004 › All results Social Nearby › All results Visited pages Not yet visited › Standard view Related searches Wonder wheel Timeline › Standard results Images from the page Fewer shopping sites More shopping sites Page previews Translated searchDid you mean: PROCEDURAL REQUIREMENTS. California Government Code. Federal Civil Rights Actions Search ResultsDisability Laws and Regulations | California Disability Access ...The Unruh Civil Rights Act provides protection from discrimination by all business ... based on disability include California Civil Codes Sections 54 through 55.2 .... action and prohibits employment discrimination by Federal government ... Section 508 established requirements for electronic and information ... www.disabilityaccessinfo.ca.gov/lawsregs.htm - Cached - Similar Federal Rules of Civil Procedure - Wikipedia, the free encyclopediaThe Federal Rules of Civil Procedure (FRCP) govern civil procedure (i.e. for civil ... In addition to notice pleading, a minority of states (e.g., California) use an ... Rule 8(a) sets out the plaintiff's requirements for a claim: a "short and plain .... Chapter VI deals generally with the trial of civil actions, ... en.wikipedia.org/wiki/Federal_Rules_of_Civ

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Copyright (c) 1990 Georgetown Law Journal Georgetown Law Journal ARTICLE: Removing Conflicts from the Administration of Justice: Conflicts of Interest and Independent Counsels Under the Ethics in Government Act. 1 October, 1990 79 Geo. L.J. 1 Author BETH NOLAN * Excerpt I. INTRODUCTION The independent counsel provisions of the Ethics in Government Act of 1978 2 are a reflection of one of our nation's most fundamental aspirations for government: that official decisions should be made in the interests of the common good, not in the narrow self-interests of the individuals in power. This aspiration in turn reflects some of the basic tenets of our constitutional faith: that we shall be bound only by a government of laws, no one shall be above the law, and each person shall receive equal justice under the law. To further this goal, the independent counsel provisions endeavor to guarantee that certain investigations and prosecutions are undertaken free of the compromising influence of the prosecutor's own political or personal interests. From this perspective, the aspiration of the independent counsel provisions is for the reign of the "rule of law." 3 The independent counsel provisions are both an expression of fealty to the rule of law and a concession to its elusiveness. To legislate that certain individuals and institutions may not investigate certain other individuals is to acknowledge that the rule of law is vulnerable to manipulation and abuse. Moreover, the independent counsel law reflects a fear that manipulation and abuse can occur even when intentions are noble, or at least not malevolent. This is the underlying theory of the law, which mandates recusal of the entire Department of Justice in a certain category of cases, without regard to the ability of the Department to undertake a ...

Contact Us Your Local FBI Office Overseas Offices Submit a Crime Tip Report Internet Crime More Contacts Learn About Us Quick Facts What We Investigate Natl. Security Branch Information Technology Fingerprints & Training Laboratory Services Reports & Publications History More About Us Get Our News Press Room E-mail Updates News Feeds Be Crime Smart Wanted by the FBI More Protections Use Our Resources For Law Enforcement For Communities For Researchers More Services Visit Our Kids' Page Apply for a Job Civil Rights Statutes Civil Rights Home Federal Civil Rights Statutes Title 18, U.S.C., Section 241 - Conspiracy Against Rights Title 18, U.S.C., Section 242 - Deprivation of Rights Under Color of Law Title 18, U.S.C., Section 245 - Federally Protected Activities Title 18, U.S.C., Section 247 - Church Arson Prevention Act of 1996 Title 18, U.S.C., Section 248 - Freedom of Access to Clinic Entrances (FACE) Act Title 18, U.S.C., Section 844(h) - Federal Explosives Control Statute Title 42, U.S.C., Section 3631 - Criminal Interference with Right to Fair Housing Title 42, U.S.C., Section 14141 - Pattern and Practice Title 18, U.S.C., Section 241 Conspiracy Against Rights This statute makes it unlawful for two or more persons to conspire to injure, oppress, threaten, or intimidate any person of any state, territory or district in the free exercise or enjoyment of any right or privilege secured to him/her by the Constitution or the laws of the United States, (or because of his/her having exercised the same). It further makes it unlawful for two or more persons to go in disguise on the highway or on the premises of another with the intent to prevent or hinder his/her free exercise or enjoyment of any rights so secured. Punishment varies from a fine or imprisonment of up to ten years, or

"This formal approach to the meaning of due process could obviously have limited both Congress and the state legislatures in the development of procedures unknown to English law. But when California's abandonment of indictment by grand jury was challenged, the Court refused to be limited by the fact that such proceeding was the English practice and that Coke had indicated that it was a proceeding required as "the law of the land." The meaning of the Court in Murray's Lessee was "that a process of law, which is not otherwise forbidden, must be taken to be due process of law, if it can show the sanction of settled usage both in England and in this country; but it by no means follows that nothing else can be due process of law." To hold that only historical, traditional procedures can constitute due process , the Court said, "would be to deny every quality of the law but its age, and to render it incapable [p.1348] of progress or improvement." 23 Therefore, in observing the due process guarantee, it was concluded, the Court must look "not [to] particular forms of procedures, but [to] the very substance of individual rights to life, liberty, and property." The due process clause prescribed "the limits of those fundamental principles of liberty and justice which lie at the base of all our civil and political institutions. . . . It follows that any legal proceeding enforced by public authority, whether sanctioned by age and custom, or newly devised in the discretion of the legislative power, in furtherance of the general public good, which regards and preserves these principles of liberty and justice, must be held to be due process of law." 24"

Political parties taking elder property in secret by zoning overlays. Riverside County Water Board who is the County Supervisor Marion Ashley. Probate Homicides at a profit. Needs the Federal Government to take action against corruption

Riverside County Internal Affairs -When I complained they said they can no longer talk to me. To: Andre O'harra Mr Ohara -I feel bad having to request from you what I need. I have been reading several corruption cases and it makes me feel like I am putting you in unfriendly waters. I would not if I did not have to. I do not want to put anyone in danger. But unfortunatly you and I are in the same boat. Sorry. I have been reading the laws regarding citizens over 65. I believe after reading the information I have that my mother has a legal standing to actually stand in my fathers place with all the rights he would have. Also I believe this case should of been reported to protective services as my father was over 65 and my mother who was also at the attack and had her husband choked in front of her while he was passed out. I cannot tell you what this has done to my mothers well being mentally and physically. The law states anyone over 65, not just a dependent. The situation in our small community has become very stressful. This is not just going to go away. -- My mother and I know how it feels. I had told you before how the Reddish family had followed us the first night of my dads death, yelled at our host for inviting us, then rang the phone every few minutes during dinner. They have watched our home and anyone from our area that visited us was harassed several times. Now the neighbor who was in jail for trying to kill his mother in law is out. I had asked about getting records on the case before. Several people close to that case early on before we knew no investigation told me Ty was selling illegal guns before. He use to work construction under the table with the guy. It is told as a fact not a story in our area. No police records of course on it. . No one will even look at mom she has lived here 30 years. I know it is fear they have but it still hurts. And mom is so alone now, she needs support. But I have to tell you my mom still sho

Riverside County Internal Affairs -When I complained they said they can no longer talk to me. To: Andre O'harra Mr Ohara -I feel bad having to request from you what I need. I have been reading several corruption cases and it makes me feel like I am putting you in unfriendly waters. I would not if I did not have to. I do not want to put anyone in danger. But unfortunatly you and I are in the same boat. Sorry. I have been reading the laws regarding citizens over 65. I believe after reading the information I have that my mother has a legal standing to actually stand in my fathers place with all the rights he would have. Also I believe this case should of been reported to protective services as my father was over 65 and my mother who was also at the attack and had her husband choked in front of her while he was passed out. I cannot tell you what this has done to my mothers well being mentally and physically. The law states anyone over 65, not just a dependent. The situation in our small community has become very stressful. This is not just going to go away. -- My mother and I know how it feels. I had told you before how the Reddish family had followed us the first night of my dads death, yelled at our host for inviting us, then rang the phone every few minutes during dinner. They have watched our home and anyone from our area that visited us was harassed several times. Now the neighbor who was in jail for trying to kill his mother in law is out. I had asked about getting records on the case before. Several people close to that case early on before we knew no investigation told me Ty was selling illegal guns before. He use to work construction under the table with the guy. It is told as a fact not a story in our area. No police records of course on it. . No one will even look at mom she has lived here 30 years. I know it is fear they have but it still hurts. And mom is so alone now, she needs support. But I have to tell you my mom still sho

"Civil Rights Laws and Police Misconduct A statute known as Section 1983 is the primary civil rights law victims of police misconduct rely upon. This law was originally passed as part of the Civil Rights Act of 1871, which was intended to curb oppressive conduct by government and private individuals participating in vigilante groups, such as the Ku Klux Klan. It is now called Section 1983 because that is where the law has been published, within Title 42, of the United States Code. Section 1983 makes it unlawful for anyone acting under the authority of state law to deprive another person of his or her rights under the Constitution or federal law. The most common claims brought against police officers are false arrest (or false imprisonment), malicious prosecution, and use of excessive or unreasonable force."

JUSTICE FOR ALL ACT OF 2004 The federal Justice For All Act of 2004 (PL 108-405) enhances protections for victims of federal crimes and increases federal resources available to state and local governments to combat crime. Title I of the act, the "Scott Campbell, Stephanie Roper, Wendy Preston, Louarna Gillis, and Nila Lynn Crime Victims' Rights Act," requires courts to ensure that crime victims are afforded the rights the act prescribes. It specifies that a crime victim, his lawful representative, or the attorney for the government may assert the rights in U. S. District Court. If the requested relief is denied, the movant may petition the court of appeals for a writ of mandamus, which the appeals court must decide within 72 hours. A court's failure to afford a crime victim his rights is not grounds for a new trial, but a victim can move to reopen a plea or a sentence on that basis. The act does not authorize a cause of action for damages or create, enlarge, or imply any duty or obligation to any victim or other person for any breach by federal government officers or employees (§ 102). The act appropriates $ 7 million for fiscal year 2005 and $ 11 million each for fiscal years 2006-2009, in part, for the support of state organizations that enforce crime victims' rights and provide legal counsel and support services. The states where these organizations are located must have laws substantially equivalent to the federal law (§ 103).

JUSTICE FOR ALL ACT OF 2004 The federal Justice For All Act of 2004 (PL 108-405) enhances protections for victims of federal crimes and increases federal resources available to state and local governments to combat crime. Title I of the act, the "Scott Campbell, Stephanie Roper, Wendy Preston, Louarna Gillis, and Nila Lynn Crime Victims' Rights Act," requires courts to ensure that crime victims are afforded the rights the act prescribes. It specifies that a crime victim, his lawful representative, or the attorney for the government may assert the rights in U. S. District Court. If the requested relief is denied, the movant may petition the court of appeals for a writ of mandamus, which the appeals court must decide within 72 hours. A court's failure to afford a crime victim his rights is not grounds for a new trial, but a victim can move to reopen a plea or a sentence on that basis. The act does not authorize a cause of action for damages or create, enlarge, or imply any duty or obligation to any victim or other person for any breach by federal government officers or employees (§ 102). The act appropriates $ 7 million for fiscal year 2005 and $ 11 million each for fiscal years 2006-2009, in part, for the support of state organizations that enforce crime victims' rights and provide legal counsel and support services. The states where these organizations are located must have laws substantially equivalent to the federal law (§ 103).

1999 Stalking Law changes. 1) Menacing by Stalking, a misdemeanor 1st degree, is enhanced on a second offense to a felony 5th degree regardless of whether the offenses involved the same victim. Multiple convictions of telephone harassment, regardless if the same victim is involved, is also a felony (except when there are only threats to property). (Eff. 3-30-99) 2) Stalking is enhanced to a Felony 4th degree for any of the nine factors listed in Section (B)(2), including priors, use of threats, trespassing, victim is a minor, history of violence, had a weapon, under protection order, serious damage to property, or prior mental illness. Bail may be denied (ORC 2937.222(A)) when stalking is a felony. The Criminal Stalking Protection Order has been expanded to include "the alleged victim or a family or household member of an alleged victim," who may request the order, must then be protected, and must be provided a copy of the protection order (2903.213(A) to (D) & (G) and 2919.26(A) to (D), (G), &(I). (eff.10-27-99) 1999 - Penalty for hit and skip drivers is increased to a felony. Drunk drivers were leaving the accident scene for two hours and then turning themselves in, since leaving the scene was a lesser crime than being tested and convicted for a DUI. (O.R.C 4511.75, 4549.99 - Eff. 3-22-99) 1998 - A new Civil Stalking Protection Order allows a Common Pleas Court to issue a stalking protection order regardless of whether or not criminal charges are filed against the alleged offender. The law also specifically states that an invitation by the victim does not nullify the order and that victim advocates are allowed to accompany the victim throughout the proceedings. (ORC 2930.214, Eff. 7-29-98) 1998 - Due to problems with judges dismissing domestic violence cases against the prosecutors wishes, the law was amended so that a judge does not have the authority to dismiss criminal charges solely at the request of the complaining w

Creating better environments Anti-social behaviour Keeping people safe. Anti-social behaviour is any aggressive, intimidating or destructive activity that damages or destroys another person's quality of life. This threatening behaviour causes alarm and distress for law-abiding citizens, and the Home Office is responsible for drafting laws to ensure that it is prevented and those who do it are punished. Watch a video on how people are working together to stop anti-social behaviour Find out how police and local partners in West Cumbria are working together to tackle antisocial behaviour http://www.homeoffice.gov.uk/anti-social-behaviour/index.html

Creating better environments Anti-social behaviour Keeping people safe. Anti-social behaviour is any aggressive, intimidating or destructive activity that damages or destroys another person's quality of life. This threatening behaviour causes alarm and distress for law-abiding citizens, and the Home Office is responsible for drafting laws to ensure that it is prevented and those who do it are punished. Watch a video on how people are working together to stop anti-social behaviour Find out how police and local partners in West Cumbria are working together to tackle antisocial behaviour http://www.homeoffice.gov.uk/anti-social-behaviour/index.html

County Supervisors, Water Boards, Eminent domain under color of the law, Federal Land Forestry management, Jo Taylor, Probate, Colorado River Law, Homicide to elders

Corruption in the Colorado water law, Probate Homicides Riverside County

tort law

Criminal Law/ DNA Testing/ Plea Withdrawal/ Ineffective Assistance Of Counsel/ Evidence State v. Wingo Docket: 2007AP001803 08-12-08 PER CURIAM. Andre Derrick Wingo appeals from an order denying his postconviction motions. The issues are whether Wingo is entitled to: (1) postconviction deoxyribonucleic acid ("DNA") testing; (2) withdrawal of his Alford plea to third-degree sexual assault; and/or (3) a new trial for trial counsel's ineffectiveness for failing to conduct discovery, and because of newly discovered evidence. We conclude that Wingo is not entitled to postconviction relief because: (1) there is not now and never was any physical evidence to test; (2) neither the absence of physical evidence nor the collateral consequence of sex offender registration constitutes a manifest injustice necessary for post-sentence plea withdrawal; and (3) trial counsel was not ineffective for failing to discover nonexistent physical evidence when the prosecution against Wingo depended upon the testimony of Wingo's former girlfriend, and the lack of physical evidence does not constitute newly discovered (non)evidence. Therefore, we affirm.