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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

Crimes Causing Harm to Property Depending on the value of the property involved, as well as the level of violence, most property crimes fall into the category of felony in Texas. The legal definition of theft is unlawfully taking the property of another person with the intent to deprive the other person of the property. This definition is much broader than what most people think of as theft. It includes embezzlement, keeping found property without making a reasonable attempt to find its rightful owner, obtaining the services of another person or telecommunication services by fraud, shoplifting, unauthorized access to credit cards, and writing bad checks. Robbery is similar to theft; in fact, theft is a part of robbery. A person commits robbery if, during a theft, he or she intentionally, knowingly, or recklessly causes bodily injury to another person, threatens a person, or places another person in fear of immediate injury or death. Aggravated robbery, which is a felony of the first degree, is a robbery in which a person is seriously injured or in which the defendant uses a deadly weapon. If the robbery causes fear of immediate injury or death to a victim who is 65 years of age or older, or who has a mental, physical, or developmental disability, the crime also constitutes an aggravated robbery. Burglary is entering into a building, portion of a building, or habitation with the intent to commit theft or a felony there. Not only is it burglary to enter a house unlawfully with the intent to steal money or property, but it is also burglary to enter with the intent to commit a felony such as arson or murder. White Collar Crimes http://www.weblocator.com/attorney/tx/law/c13.html#txc130500

Crimes Causing Harm to Property Depending on the value of the property involved, as well as the level of violence, most property crimes fall into the category of felony in Texas. The legal definition of theft is unlawfully taking the property of another person with the intent to deprive the other person of the property. This definition is much broader than what most people think of as theft. It includes embezzlement, keeping found property without making a reasonable attempt to find its rightful owner, obtaining the services of another person or telecommunication services by fraud, shoplifting, unauthorized access to credit cards, and writing bad checks. Robbery is similar to theft; in fact, theft is a part of robbery. A person commits robbery if, during a theft, he or she intentionally, knowingly, or recklessly causes bodily injury to another person, threatens a person, or places another person in fear of immediate injury or death. Aggravated robbery, which is a felony of the first degree, is a robbery in which a person is seriously injured or in which the defendant uses a deadly weapon. If the robbery causes fear of immediate injury or death to a victim who is 65 years of age or older, or who has a mental, physical, or developmental disability, the crime also constitutes an aggravated robbery. Burglary is entering into a building, portion of a building, or habitation with the intent to commit theft or a felony there. Not only is it burglary to enter a house unlawfully with the intent to steal money or property, but it is also burglary to enter with the intent to commit a felony such as arson or murder. White Collar Crimes http://www.weblocator.com/attorney/tx/law/c13.html#txc130500

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

If people act in concert with others to commit a hate crime, they receive even harsher additional penalties.Crimes Causing Harm to Property Depending on the value of the property involved, as well as the level of violence, most property crimes are felonies in California. The legal definition of theft is the felonious stealing, taking, carrying, leading, or driving away of the personal property of another, or fraudulently appropriating property that has been entrusted by the other

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

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

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

Water, Probate

Civil Remedies A few states have special provisions for the bringing of civil actions by the elderly. If an older person in Nevada suffers personal injury or death caused by abuse or neglect or suffers a loss of money or property by exploitation, the offender may be ordered to pay up to two times the actual damages incurred. If the offender acted with recklessness, oppression, fraud, or malice, the court shall order the person to pay the attorney's fees and costs of the person who initiated the lawsuit. In Georgia, the elderly may recover actual and punitive damages and attorney's fees for injury resulting from unfair or deceptive business practices

land title registration, sometimes called the Torrens system

"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"

Homicide of Nye Frank Elder 68, Lee Frank a victim of stalking by a family who is well connected to the DA and Judge of Riverside County. During the day the Reddish family stalked Lee Frank and neighbors with the DA, Sheriff, Internal Affairs, Supervisor knowledge. At night probate judge and husband that is attorney at stalkers home. Property transfered to Reddish family through the Judge who was a attorney giving it to the grocery girl instead of the victims daughter as he planned. DA office neglected to investigate the claimed illegal transfer, now refuses to investigate the homicide, closed behind doors with all records removed.Current Prosecutor, DA Victim Advocate, Supervisors, judge, Coroner put a false statement of fact into court. The Frank family got it stopped by having legal council of the county get notice direct. Possible conflicts through personal relationships of the DA.

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

Victim Rights in California [ TOP ] Victims of crime and the families of homicide victims have the right to: Know the current status of your court case. Be assisted if called as a witness. Attend all sentencing proceedings. Speak in person; address the court in writing; or be represented by an attorney at the time of felony sentencing to express your views concerning the defendant, the crime, and its effects on you and your family. Have the court order restitution from the convicted person. Request the Board of Prison Terms to provide notice of any hearing to review or consider parole eligibility or parole-setting for prisoner(s) in your case. You must keep the Board of Prison Terms informed of your current address if you wish to be notified. Speak personally; submit a letter, tape recording or video tape; or send an attorney to the parole hearing to express your views about the crime and the person responsible. Program Services Available [ TOP ] The following mandatory and optional services, mandated by the Office of Emergency Services, are provided: Mandatory Services Crisis Intervention Emergency Assistance Resource and Referral Assistance Follow-up Assistance Property Return Assistance Orientation to the Criminal Justice System Victim Impact Statement Assistance Court Escort/Court Support Case Status/Case Disposition Information Notification of Family/Friends Employer Notification Victim of Crime Claims Assistance Restitution Assistance Optional Services Creditor Intervention Child Care Assistance Witness Notification Funeral Arrangement Assistance Crime Prevention Information Witness Protection Assistance Temporary Restraining Order Information Transportation Assistance Court Waiting Area Employer Intervention Language Capabilities: Confidential language service available to translate all languages. State Victim of Crime Compens

Law, Tort, Administrative, Hate Crimes, Corruption, Sheriff,

The Supreme Court has held that "[w]here a particular amendment `provides an explicit textual source of constitutional protection' against a particular sort of government behavior, `that Amendment, not the more generalized notion of `substantive due process,' must be the guide for analyzing these claims." Albright v. Oliver, 510 U.S. 266 , 114 S. Ct. 807, 813 (1994) (plurality opinion) (quoting Graham v. Connor, 490 U.S. 386, 395 (1989)).