Myths Regarding Our Legal System -- EXPOSED!
"One of the main problems with our system of Justice is the Judiciary at every stage of litigation assumes all prior litigation has been handled thoroughly and properly when usually the exact opposite is true." - A Seasoned Litigant
"I can state with certainty that if you go against the status quo in Rhode Island and point out wrongdoing of the judiciary they will ruin your legal practice and make it impossible for you to win a case." Quoted by a well known lawyer who was discussing the Rhode Island Judiciary
|The Average Citizen Believes:||Our Legal System Believes:|
|The laws passed by elected officials constitute the "law of the land."||The laws passed by elected officials plus all rules and procedures of the court including all legal precedents, past practice and case law constitute the "law of the land." If any of these are used to negate the other, "the law" is still being followed.|
|Rules and procedures of the court, legal precedents, past practice and case law are in place to give force to the will of the legislature.||Judicial decisions are to give force to "the law." It is irrelevant whether rules and procedures of the court, legal precedents, past practice and case law give force to the will of the legislature since rules and procedures of the court, legal precedents, past practice and case law are all "law."|
|A Judge is wrong if their decision is not giving force to the clear intent of laws passed by legislatures.||So long as a Judge's decision, however farfetched it may be, uses logic that in some form or fashion incorporates some legal reasoning, the decision can be considered legally sound.|
|The courts are in place to assist Citizens to right a wrong.||The courts are in place to provide a procedure to Citizens. Whether Citizens are able to right a wrong is irrelevant.|
|The Canons Of Judicial Conduct are rules of behavior that are to be interpreted literally.||Literal interpretations of the Canons Of Judicial Conduct are considered petty and can hinder a Judge from performing their duties.|
|Due Process' purpose is to bring about a result.||Due Process is a process. A result is irrelevant.|
|Obtaining Justice is the ability to right a wrong.||Justice is granted if a procedure is followed. End results or "righting wrongs" are irrelevant and would indicate a bias on the part of the Judiciary.|
|The courts take every precaution to insure Citizens don't go to jail unnecessarily.||So long as Citizens can appeal we consider our job as being done correctly. Whether Citizens are in jail or not is irrelevant.|
|What if I can't afford an appeal or can't get the issues properly handled?||Tough. Then you get into what is called the doctrine of finality. In other words, things stay as they are and your "due process" is complete.|
|The court screwed me in their rulings involving my case.||Most likely what happened is your lawyer, the Judge or opposing council agreed to something either while at the bench, in chambers or at some other time when you couldn't hear what was going on. The court is covered because you were represented. If you were wronged, sue your lawyer.|
|It is almost impossible to get one lawyer to sue another involving cases like mine.||We know that.|
|And my Lawyer and the Judge wouldn't allow me in chambers.||We know that too.|
|So how am I supposed to know what is going on?||You're not. Trust your lawyer.|
|A lawyer's first duty is to his client.||All lawyer's first duty is to the COURT. [this includes law however it is receiped, procedures however selectively followed, policies, whims, current practices and appeasing Judges] Many lawyers second duty is to their incomes. The client comes at some point after that.|
We are no longer a country of laws, we are a country of creative interpretations of laws!
Due Process as defined by most Judges: "First, decide how we want the case to go. Second, formulate a legal logic to support our decision. Third, manipulate, dissect or eliminate the facts and evidence to support our decision. Then the rubber stamp doctrine of "judicial discretion" will prevent most decisions from being overturned."
Truth as defined by most Judges: "Whatever lawyers say. After all, they have taken an oath when becoming members of the bar. Therefore it is acceptable to assume that the unrepresented may not be saying the truth since they have taken no such oath."
Truth as defined by most Lawyers: "Whatever works."