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I was just thinking if there is any
Hi,I was just thinking if there is any Constitutional/Congressional and Legislative act for Democracy to function in U.S.A. and U.S.?The reason I am asking because I am aware that the Republican Party has lawful standing in our country and my incomplete search has not yet yielded any fruits in regard "Democracy".Is "Democracy" defined in any of these bellow?:1: Constitution for the United States Of America (before DC act in 1871)2: Constitution of the United States (after DC act in 1871)3: Declaration Of Independence4: Bill Of Rights5: Any Legislative or Congressional ActArticle 4 Section 4 of the Constitution says:Section 4.The United States shall guarantee to every state in this union a republican form of government, and shall protect each of them against invasion; and on application of the legislature, or of the executive (when the legislature cannot be convened) against domestic violence.Also here we have the "Pledge of Allegiance":The Pledge of Allegiance to the Flag: “I pledge allegiance to the Flag of the United States of America, and to the Republic for which it stands, one Nation under God, indivisible, with liberty and justice for all.”Thank you for your attention,Roman
FBI leaked secret Grand Jury information. Government found
FBI leaked secret Grand Jury information. Government found no wrong doing but leaked info being used by foreign company to civilly sue small Michigan family business.My dad has fought billion dollar company using Google for 9yrs but there seems little resolution in sight. We have lost our job, home, and our family is no longer the same.Is this not a bill of rights violation or some kind of violation of our privacy that can stop the current case or that can be investigated?The following is based on hundreds of documents and numerous affidavits entered into the record since the case commenced in February 2009. A timeline of events with references to this evidence (including docket numbers) can be found in a document filed with the Court in October 2013. Please click here to view this document (the file is 20 MB in size, so please be patient).Beginning in 2001, Dassault and its partners, IBM and MSC Software, initiated business agreements with Mr. Childress' school as a means of promoting sales of Dassault's CATIA software and other services. These longstanding mutually advantageous business agreements included Dassault and MSC Software advertising on the school's top-ranked website (practicalcatia.com), and IBM and MSC Software providing Mr. Childress and his students with the CATIA software and licenses for use in their training (Dassault owned a substantial share of MSC Software).In 2004 Dassault put a plan into motion to end its 50-50 partnership with IBM and take control of sales, marketing, licensing, and distribution of CATIA, and to monopolize the CATIA training market. Dassault entered into a joint venture with a Canadian company named RAND Worldwide that had once been responsible for marketing, sales, licensing, and distribution of a CAD software program named Pro-E; a competitor of CATIA. This is the same function IBM had served since IBM and Dassault formed their partnership in 1981. Dassault and RAND Worldwide formed a new company named RAND North America which, unbeknownst to Mr. Childress, became his school's direct competitor when RAND North America opened an office near Mr. Childress' school and began offering CATIA trainingTo eliminate Mr. Childress' school as its competitor, Dassault filed a criminal complaint with the FBI in 2005 accusing Mr. Childress and his school of infringing on Dassault's CATIA copyright. Dassault's complaint led to a federal grand jury investigation and a related FBI raid of Mr. Childress' school while his son was teaching a class. Mr. Childress presented evidence of the business agreements Dassault and its partners initiated with Mr. Childress' school, including the hundreds of CATIA licenses IBM and MSC Software provided to Mr. Childress and his students as a result of these business agreements. In addition, Mr. Childress asked to testify before the federal grand jury. Mr. Childress and his school were subsequently exonerated of infringing on Dassault's CATIA copyright.Having failed in its attempt to close Mr. Childress' school, in February 2009 Dassault filed a multimillion-dollar civil suit accusing Mr. Childress and his family's school of infringing on Dassault's CATIA copyright and trademark. During the time in which Mr. Childress was alleged to have infringed on Dassault CATIA copyright and trademark, Dassault partners IBM and MSC Software had provided Mr. Childress and his students with hundreds of CATIA licenses, and Dassault was advertising on Mr. Childress' practicalcatia.com website.Mr. Childress could no longer afford legal representation, so he was forced to represent himself and his family in federal court without an attorney.In May 2009, Dassault filed a Motion for Entry of Default Judgment against Mr. Childress for a minor rule infraction. The Court granted Dassault's Motion for Entry of Default Judgment and the case was closed. Because Dassault won by "default", the court automatically adopted Dassault's damage claim, thus ordering Mr. Childress to pay Dassault $1,000,000 dollars in fictitious damages, and to surrender his training computer and his school's practicalcatia.com website to Dassault. The $1,000,000 damage award was based solely on Dassault's trumped-up lost revenues, not on Mr. Childress' and/or his school's income.The grand jury investigation left Mr. Childress and his family penniless, so Mr. Childress did not pay Dassault anything. However, Mr. Childress was forced to surrender his training computer to Dassault (containing his legally licensed CATIA software), and to take down his school's practicalcatia.com website (that Dassault had been advertising on for more than 5 years).Mr. Childress filed an immediate appeal.In a December 2011 "Published" Opinion, the Sixth Circuit reversed the district court's entry of Default Judgment, thus reopening the case. In June 2012, Mr. Childress filed an 11-Count Counterclaim, accusing Dass
Esq ONLY: First, I want to thank you for
FOR William B. Esq ONLY:First, I want to thank you for introducing me to Google Scholar. What a resource! Probably as good, and maybe better, than services to which I have subscribed for the past year for monthly fees.My question for you is a trifle convoluted. I'm in the middle of a medical malpractice case in KS; pro se, unfortunately. I've tried and tried to get lawyers involved, but with no success. Earlier, before I felt forced by the impending statute of limitations to file a Petition for Damages on my own, I was surprised to find no interest. Now that I've gone so far, and likely made so many missteps, I can understand no lawyer would want to get involved.Anyway, KS requires that expert testimony support certain allegations made in the context of a professional negligence/malpractice claim. There are few exceptions, styled res ipsa loquitur, where the court allows some torts may be obvious to anyone with common sense; but very, very few. Now so far I have been unable to secure the services of a medical expert to write the required report and to give testimony. Further, from my searches to date, I am virtually certain that if I do find such an expert I will be unable to afford his services. The judge's Order from the case management conference gave me until March 4th just passed (or past, would one say?) to name my experts. Instead, I offered a Motion to Forego Expert Testimony, with supporting Memorandum. Essentially, I argue that the costs of expert testimony effectively bars those unable to pay from the courts. KS Bill of Rights §1, §5 and §18, as well as the Fourteenth Amendment to the U.S. Constitution. I can send it to you if you want.I believe this to be a sound argument, though doomed to failure. But maybe, just maybe, on appeal I might have some success. IF I don't screw the thing up on some procedural trifle. So, here's my question at this stage: I understand that statutes may be argued unconstitutional, but what about precedents? I have so far found no statute requiring expert testimony, but plenty of cases. IS there a statute, do you think? If not, how can one proceed against precedent?Anyway, give it some thought, please. And thanks again for Google Scholar.Michael McEachern
TO GERALD, ESQ.: , I had further questions on the topic
TO GERALD, ESQ.:Hello, I had further questions on the topic of the last questions I asked. Regarding the medical records of a senior at an assisted living facility.I am the personal rep./POA for her. I want to see her record for this place where she had two falls. I understand from you, that the facility needs 24 hr. notice for records viewing. Will they produce in paper form? I am not sure if I asked, but what is the amount per page they can charge for her records in Maryland?I just need to give them 24 hours notice, then I can come in and view records as little as 24 hours later?Also, Can I request a years' worth etc.?Will I be viewing the records with the staff standing over me?Also, the whole time we were at this Assisted Living , there was never a legally-required posting of the Assisted Living Resident's Bill of Rights, nor their surveys. However, after the last fall, a week after, all-of-the-sudden these things were posted largely and prominently! That is a violation I believe.I also noticed the contract they wanted her/me to sign this year, states an extremely high cost 4th level of Assited Living care tier(not called Level 4, called "Service Pack Enhanced" adding potentially $3,900.00 a month to Basic Service Feeof 6,500) They are only licensed to provide Level of Care Assisted living , Level 3. I feel like there is some deception.
I have a disability hearing scheduled 14th of March.
I have a disability hearing scheduled for the 14th of March. The state had me meet a medical professional today prior to the hearing. I was "informed" that my medical records show that I am attending AA? I have never attended AA nor has it been a thought. I asked "who made that entry" but of course it was confidential.What recourse do I have?
These are questions on Constitutional Law. Under what conditions
These are questions on Constitutional Law.Under what conditions can the U.S. Constitution be suspended? Does a congressional Declaration of War Allow for this to happen? Can a presidential and/or congressional Declaration of National Emergency suffice? Who can suspend the U.S. Constitution? The President alone? The President plus congress? Does a simple majority vote suffice to effect the declaration, or is some kind of super-majority required? What is the role of the various States in this process? Does the entire Constitution get suspended, or can just parts of it, like The Bill of Rights, be suspended. Is a suspension of the U.S. Constitution limited in time, or can it last indefinitely?
I have developed a new business concept In consulting ADA regulations,View more legal questions
I have developed a new business concept In consulting ADA regulations, I ran into a requirement that would cause an excessive financial and logistic problem, sufficient to make the so costly as to make the start-up impossible. In seeking a hearing through the DOJ for an exception, because of the unique nature of the project, I was told there are no exceptions and no hearings. Under Article 1 of the Bill of Rights I think I am entitled to seek relief from the courts, but am unsure how to proceed.