Notice vs. Notice Pleading

It’s a regular event for me to find myself somehow “compelled” to read something that I have no desire, energy or intent to read.  Maybe I’m just obsessive-compulsive, but I think the Good LORD sometimes “forces” me to stick my snoot in a book or article until I suddenly discover something that (for me, at [...]

Notice Pleading Notes

I’ve been trying to make sense of our legal system for 26 years. So, I was much surprised when I recently learned that “notice pleading” is America’s “dominant form of pleading”. Up until a couple of weeks ago, I’d never even heard the term “notice pleading,” and now I find out that it’s the “dominant [...]

A Critical Analysis of a “Demand to Quash”

The following “Demand to Quash” was written by an acquaintance who’s a good man and on the right track.  The demand is fairly well-written and contains some good case cites concerning fraud.  It’s a document that I, myself might’ve written, say, five years ago.  But today, I read the document as see so many elements [...]

FRCP 12(b)(6) “Failure to State a Claim for which Relief can be Granted”

For years, I’ve watched pro se plaintiff after pro se plaintiff have their complaints dismissed by federal courts based on a defendant’s pre-trial, Motion to Dismiss under Federal Rule of Civil Procedure 12(b)(6) “for failure to state a claim for which relief can be granted.” Although the federal courts’ repeatedly grant of 12(b)(6) Motions to [...]

Notes On Notice & Procedural Due Process #2

Virtually every American adult has received a Notice. Some from the IRS, some from a municipal court, some from a local utility company. In fact, Notice constitutes the first of the two essential elements (the other is “opportunity to be heard”) that comprise “procedural due process”—the minimum “due process” that must be provided to every [...]

Notes on Notice and Procedural Due Process

The one thing the courts of “this state” seem willing to enforce is “procedural due process”. As I understand it, procedural due process consists of two elements: 1) Notice and 2) Opportunity to be heard. With that understanding of “procedural due process” in mind, I asked myself Why has our government—and therefore our country—become bilingual [...]