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Wednesday, December 5, 2012

What Separation of Church and State?

First I would like to give a very short civics lesson on the particular part of the Constitution of the United Stated that happens to deal with religion. That would be the first 16 words of the First Amendment of the Bill of Rights called the establishment clause and the last part called the exercise clause.

What 1st Amendment Actually Says

What the First Amendment actually states is "Congress (the legislative body) shall make no law respecting an establishment of religion or prohibiting the free exercise thereof." This simple statement means that the federal government is prohibited from establishing a church, like the Catholic Church in England at the time, or from getting in the way of the established churches of the states. Several states, focusing on that time, already had state supported religions that had already been established.

No Separation of Church and State

Now if you happen to notice, with a focus on clarity, no where in this short statement does it say a wit about the separation of church and state in the First Amendment! This is something that judicial activists on the Supreme Court, ACLU lawyers, the secular culture, and the left wing press have embraced as the separation of church and state according to the Constitution. But when you read it it says nothing of the kind.

James Madison Key Architect

If we go back in time to June 8th, 1789, James Madison, one of the key architects of the Constitution, is putting forth a proposal that will become the religion clause of the First Amendment. The final argument being stated, "He apprehended the meaning of the words to be, that Congress shall not establish a religion, and enforce the legal observation of it by law, nor compel men to worship God in any manner contrary to their conscience." This is exactly why the Puritans came to America in the first place was to escape the tyranny of Great Britain's compulsory state religion.

More debate ensued till we finally reached the final version that stated, "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof."

Activist Judges

Now that we have seen what went on back in the day do we really believe that our founding fathers wanted to make children into criminals by saying Merry Christmas in a public school setting? That our founding fathers, through activists Supreme Court judges, actually intended to outlaw school prayer in the nation's learning establishments when all of their own congressional sessions to this very day are opened with a daily prayer? Of course not!

Thanksgiving Day Prayer Offered

On Sept. 25th, 1789, Representative Elias Boudinot proposed a resolution asking President George Washington to issue a national thanksgiving Day Proclamation and having been passed two weeks later it was proclaimed by George Washington when he stated, "Now, therefore I do recommend and assign Thursday, the 26th of November, to be devoted by the people of these United States to the service of that great and glorious being who is the beneficent author of all the good that was, that is, or that will be; that we may all unite to render unto him our sincere and humble thanks for his kind care and protection of the people of this country previous to their becoming a nation; for the signal and manifold mercies and the favorable inter-positions of his providence in the course and conclusion of the late war; for the great degree of tranquility, union, and plenty which we have since enjoyed; for the peaceable and rational manner in which we have been enabled to establish constitutions of government for our safety and happiness, and particularly the national one now lately instituted; for the civil and religious liberty with which we are blessed, and the means we have of acquiring and diffusing useful knowledge; and, in general, for all the great and various favors which he has pleased to confer on us."

These inspiring words go on for yet another paragraph from the father of our country, but no doubt would have been met with a civil suit from the ACLU had that group been around back then.

Looking Closely at What Transpired

So let's take a good look at what was really transpiring in the 18th century, the era of the Revolutionary War, the time of the writing of the Bill of Rights and the U.S. Constitution, when Christianity ruled America completely.

There were days of fasting in the Continental Congress that were designated for prayer, there were other religious observances, also money was appropriated to fund congressional chaplains, and funds were made available to pay Christian missionaries to help convert the many Indian tribes to Christianity.

Six of the original 13 states had churches that were supported by the state including Georgia, Connecticut, Maryland, Massachusetts, New Hampshire, and South Carolina. These states collectively stated that they would not approve the new national Constitution unless there was provided a prohibition of federal tinkering with their states ongoing establishments of religion. Other states would not support it unless elected officials were true Christians.

There was in 1977 a time when the Revolutionary War was a threat to the flow of Bibles from England. There was a purchase made by the Congress of 20,000 bibles that were imported from Holland to give away to the states.

Government Heavily Involved

So as you can discern from this articles findings the states were very heavily involved in the church functionality and the church also played a vital role in seeing that there elected officials were Christians and upheld the newly written Constitution and Bill of Rights. There wasn't any undermining of Christian views, or progressive secularist around prodding the ACLU to file disruptive lawsuits to disenfranchise the Christian way of life.

Conclusion

Today the more you object to government intrusion the more investigations are spotlighted on you through IRS audits. If you run a church they will check your records to see if you support a certain politician and try to shut you down if you do. If you stand up for your beliefs they will slander you endlessly with false statements about your character, what you believe, and go after your money with frivolous lawsuits where you still have to pay a lawyer to prove your case. As someone once said back in the day, these are times that try a man's soul. Stand for what you believe, the progressive secularists do.

Legal Support Services: What Can a Business Gain From an Experienced Provider? 4 Civil Summons Mistakes to Avoid Introduction To Learned Treatise For The Rookie Expert Witness Debt Collection Laws: Statue of Limitations Explained Defense Against Credit Card Lawsuit: CC Statements Not Enough Evidence in Court Your Judgment Debtor

Legal Symbols And Word Processors

I am not a lawyer, I am a Judgment Broker. This article is my opinion, and not legal advice. If you ever need any legal advice or a strategy to use, please contact a lawyer.

If you are an attorney or a paralegal, you probably know very well how to make your word processing program type and print a § or a ¶ symbol. For the rest of us, the average word processor does not usually make it obvious how to make legal symbols.

¶, •, and §, are never used in conversations, however they are often used on written motions and pleadings; which can be typed by mortals representing themselves.

Legal symbols are used most often by lawyers, when they type up motions and pleadings. Occasionally lawyers use a few other strange symbols such as Óœ in odd places, to confuse the other side. When representing yourself, you do not need a law degree to make your own motion or pleading.

What do some of the symbols mean? The § symbol means the section, or a section area. The ¶ symbol, called a Pilcrow, means the end of a paragraph. The • symbol is called the bullet, that means a point to take notice of, or an item on a list.

Here is what I learned from other judgment enforcers, and from experimentation, on some shortcuts to make legal symbols.

What keys to press, to produce a specific special character, depends on the unique combination of what kind of computer you have, what brand of word processor you use, and what version it is. This article lists some ways to produce legal symbols, however your mileage will vary.

In Microsoft Word 2010 and possibly other versions, click on Insert, then click on Symbol, and then select the desired symbol, among them should be ¶ and §. In Word 2007, you must do one more step, and click on Special Characters.

If you have a Macintosh, with almost any kind of word processor including BBEdit, TextWrangler, OpenOffice, and TextEdit; pressing ALT/Option 6 makes a §, and Alt/Option 7 makes a ¶.

In most PC programs, if you have a number pad, you can usually hold down the ALT key and then type 0167 on the number key pad, and release the ALT key, to get a §. You can usually hold down the ALT key and type 0149 to get a •, and ALT 0182 to get a ¶.

Even if it takes awhile to figure out how to make the special characters you want on your PC, most programs remember the last few special characters you used. The next time you want to use one, it should be at the top of the list.

Another solution is to install a software shortcut or "hotkey", to (e.g.) map Control-S to § and Control-P to ¶.

There are many keyboard combinations to produce special characters on PCs, by holding down the ALT key. A handy list for PC-users is at: http://tlt.its.psu.edu/suggestions/international/accents/codealt.html

Finally, most courts have eliminated the "blue backs" on pleading and motions, however be aware some Federal District courts still require them.

Assignment Order Wording

I am not a lawyer, I am a Judgment and Collections Broker. This article is my opinion, based on my experience in California, and laws vary in each state. If you ever need legal advice or a strategy to use, please contact a lawyer.

This article is one of my series of assignment order articles. This one includes a simple example of a template for an assignment order combined with a civil restraining order.

An assignment order can intercept income streams going to your judgment debtor. It requires a new court hearing, and must be served on all other parties.

One problem can be, as soon as the judgment debtor, or those paying your judgment debtor, are served with an assignment order, one of them might suspend or divert payments, to thwart the creditor.

For this reason, it is sometimes a good idea to include restraining order wordings in assignment orders. At the end of this article is a template for a simple assignment order that includes a civil restraining order.

My articles and templates are in no way a replacement for proper legal advice. Always consult with a lawyer on your first assignment order.

Assignment orders require a lot of paperwork, that must be served. In addition to an order, as discussed in this article, a Memorandum of Points and Authorities, a Motion, a Notice of Motion (or Entry of Order), and Proofs Of Service are also all usually required.

Often, proposed orders are submitted to the court, and the judge may tell you to modify the order, and then resubmit the proposed order to the court clerk later, for the judge's signature.

This is a simple example of an assignment order, with a restraining order I have used:

Your Name (your capacity - assignee of record or judgment creditor) Your Address Your City, State, and Zip Your Email address and Phone Number

SUPERIOR COURT OF THE (YOUR STATE) OF YOUR STATE COUNTY OF (YOUR COUNTY), YOUR DIVISION (civil, small claims, etc.)

Case # 123456789

Pat Plaintiff vs. Dave Defendant

ASSIGNMENT AND RESTRAINING ORDER Date: June 17, 2010 Time: 1:00 P.M. Dept: 14

This motion, was brought before this court by Mark D. Shapiro, the assignee of record for this judgment, that was rendered by this court on 07/07/2007.

The assignee of record was heard on June 17, 2010, before Hon. John Justice, Judge Presiding, in Department 14 of the above entitled court.

Judgment Debtor Dave Defendant, having been duly served with notice of this motion, (either appeared, or failed to appear and did not oppose the motion).

The Court, having considered the motion and with good cause appearing:

IT IS ORDERED that assignee of record's motion be hereby granted as follows:

All payments due, or to become due to Judgment Debtor Dave Defendant from Joe's Garage, are hereby assigned to assignee of record Mark D. Shapiro, to the extent necessary to pay this judgment with accrued interest and costs in full through the date of final payment.

Both Joe's Garage and Judgment Debtor Dave Defendant, and any servant, agent, employee, attorney, and any person(s) in active concert and participating with the Judgment Debtor Dave Defendant or Joe's Garage are hereby restrained from encumbering, assigning, disposing, lending, or spending commission fees, bonuses, regular payments, and all other payments for services performed by Judgment Debtor Dave Defendant, or paid to Dave Defendant from or by Joe's Garage, to the extent necessary to pay assignee of record Mark D. Shapiro to satisfy the judgment herein.

NOTICE IS HEREBY GIVEN THAT FAILURE BY THE JUDGMENT DEBTOR DAVE DEFENDANT OR JOE's GARAGE, TO COMPLY WITH THIS ORDER MAY SUBJECT THEM TO BEING HELD IN CONTEMPT OF COURT.

Dated: __________________

Signed: __________________

Honorable John Justice, Judge of the Superior Court

Judgment Quotes

I am not a lawyer, I am a Judgment Broker. This article is my opinion, and not legal advice. If you ever need any legal advice or a strategy to use, please contact a lawyer.

Usually, when you have a judgment, your judgment debtor will not pay you voluntarily. Most people do not want to read or think a lot about their judgment. Most people just want an instant quote from someone who will buy their judgment immediately.

The problem is, that is not how getting a quote for a judgment really works, unless you sell your judgment for less than one cent on the dollar. Anyone that buys a judgment must spend time and money, and take some financial risks, to try to recover money from it.

In this article, "buyer" means an expert qualified to estimate and quote a judgment's approximate value, which could be a judgment buyer, investor, recovery specialist, collection lawyer, or a collection agency.

Only a qualified judgment buyer can estimate and quote a judgment's real value, which is mostly an estimate of both the risks, and what might be available to levy from what the judgment debtor owns, to satisfy the judgment.

To get a price quote for a cash up-front purchase of a judgment, you need a copy of the judgment, and what you know about the judgment debtor and their assets. While the judgment debtor is unknown and/or has no assets, the value of a judgment is approximately zero.

An example of an unfindable debtor would be one having a name of (e.g.) Bill Smith, who was served with a lawsuit at a some transitory location, that could not be tied to anyone named Bill Smith. An example of a judgment debtor without assets would be one that has successfully filed for bankruptcy protection, or that has no attachable income or assets.

Presuming your debtor is known and has some assets, your judgment has some value. On a cash up-front sale, the buyer takes all the risks, so the price offered is always a small fraction of the face value of the judgment.

When you sell a judgment, there is always paperwork that usually must be notarized. Their paperwork includes both a contract and either an assignment of judgment form, or a lawyer's or an agency's retainer form. Before the buyer's paperwork is sent to you, they must calculate the approximate value of your judgment, factoring in all known and some unknown risks.

Most judgments have value, however their value is not insurable, is not guaranteed, and is unknown, except for a short time after an estimate by a qualified buyer.

Even if judgments were guaranteed, they could never be sold cash up-front for anything close to their face value because of the time value of money. $100 now is infinitely more valuable than $100 ten years from now. Getting a tooth pulled 20 years from now is more appealing than getting a tooth pulled today. A judgment pays over time, if it pays at all.

About 85% of a judgment's value is mostly an estimate of what the debtor can be made to pay from their available assets now, and 15% on what the debtor might be able to pay in the future. In today's economy, the value of a judgment depends 85% on "now". Now lasts a very short time, and many futures can change quickly.

The prices quoted for a judgment somewhat depends on the location of the debtor, because that effects how the judgment might be recovered.

The value of a judgment does not depend on you or your buyer, so shopping a judgment is not important, or at least not as important as shopping for anything else. Shopping your judgment is usually like shopping a $100 bill. The price stays near $100, no matter which buyer you show your $100 bill to.

One option is to send your judgment to one to five judgment buyers. Another option is to send your judgment to just one judgment broker. Sending your judgment to more than five buyers is a waste of their time and yours.

Notary Public and Notary Stamps: Important to Certify Legal Papers

Notary Public and Notary Stamp are quite familiar words while we are thinking about attesting any legal documents (applying for passports, reissuing passport, while women are changing name after marriage, paper of adoption of a child, making will, diplomas, employment letters, police clearances, powers of attorney, transcripts etc.) in any legal way, taking help from those people or officials who are authorized by the Government to certify these legal papers.

A Notary Public means any state official who is appointed by that state government to sign important documents, to administer oaths and affirmations, certify legal documents, and in some states to write affidavits, depositions, and protests as a witness. The origin of notary public is traced so many years before in ancient Rome. During that time a small number of people knew about how to serve people in legal way. But now-a- days in modern times, a small fee is charged for these services.

Notary Stamp is a public official that is used to minimize fraud in legal documents while administering oaths and attesting to signatures are taking place by officials to serve people. Here a stamp is a distinctive mark or impression that made upon an object, a device used to make stamp, or a distinctive sticker applied to an object. Generally, notary stamp and notary seal is same thing and people used to notary seal as a reference to an embossing or raised seal.

The notarizing process is pretty simple. The person who wants his or her signature notarized must have to present sufficient evidence to prove his or her identity, and then have to sign the necessary document with the notary as a witness. The notary completes its process by stamping or sealing, dating, and signing the document. This face-to-face procedure is more authentic because it helps to ensure the authenticity of the signature.

In U.S. states, a notary official can only affix their stamp or seal next to their signature in a notarial certificate for acknowledgment. Notary officials cannot sign and stamp without provided appropriate documents. The signature here indicates that the notary official performed a notarial act either an oath or an acknowledgment. The stamp doesn't provide any notarial act rather it provides proof that the parson is a notary.

A notary official has two main responsibilities: one is properly attesting documents to minimize fraud; and second is this signature attestation must be done in a face-to-face setting.Signer must personally come to the notary public but in some states another person can come, swear as a third party signed the document, I found some benefit here if anyone is really busy and cannot come to face-to-face sitting.

Focus on This ONE Thing to Improve Your Practice

The immediate deadline. The call that needs to be made or returned before lunch. The pre-bills that have to be checked this afternoon. The case law that needs to be scoured so the motion can be finished up tonight. The filing that's due in the morning. The mediation tomorrow afternoon...

The overwhelming majority of your time during the day is spent attending to a pressing task at hand. Once you've handled it, you check it off the list and move right to the next discrete, time- or pressure-sensitive task. Your day passes with your head down, attending to each thing right in front of you, and then it's time to leave the office.

Now, if you're really productive, this task-to-task movement can be satisfying - at least for a while. But it usually keeps you from spending time on activities that Stephen Covey famously described as "important but not urgent."

These kinds of activities - such as finally resolving an inconsistent policy, or updating your contacts list, or teaching your assistant how to optimize a frequently used procedure - are far more valuable to you because they build future capacity. Once executed, they save you time every day and help you (and your team) to be more consistently effective.

In our law firm consulting work around time management and productivity, we hear it over and over: the standard rationale for not engaging in these kinds of high-payoff, capacity-building activities is, of course, that you don't have time for them. But you know that's ultimately just an excuse. The most successful professionals do not indulge the "don't have time" excuse. They consciously cultivate such activities on a regular basis, and you can too.

Start by identifying one capacity-building activity that, once executed or routinized, would improve your performance on a regular basis. Then, identify the first specific action to take to begin implementing that activity. It may be as simple as coming in on Saturday morning with a few trash bags to finally dump the mounds of unneeded paper. It might be scheduling a 45-minute block of time with your assistant to finally document the correct checklist of pretrial file preparation.

Set a goal for yourself to concretely improve how you practice during the first half of the year by focusing on one important-but-not urgent activity that will help you build your capacity to function more effectively from now on.

Follow these steps to be more productive and get more done in your law practice.