T/F Tuesday Answer: TRUE! A motion to dismiss can be filed before trial, or made verbally during trial. These kinds of motions are generally used when there is a procedural defect in a case, or legal insufficiency to move forward.
T/F Tuesday Answer: FALSE! The Constitution prohibits Double Jeopardy, but that only protects against multiple prosecutions for the same offense. It does not protect against multiple prosecutions for multiple crimes. #DoubleJeopardy #Constitution So, let’s pray the government stops fabricating scenarios to terrorize these men and their families.
T/F Tuesday Answer: FALSE! “Shall not be infringed” does not mean “unless there’s an emergency.” Our Constitution was drafted to ensure we were protected from enemies FOREIGN and DOMESTIC, including tyrannical governments. The 2nd Amendment was included to provide such protection, especially as against our own governments’ tyranny. Article VI keeps our Constitution the Supreme Law of the Land – with NO exceptions for “emergencies” or otherwise. #ConstitutionMatters
T/F Tuesday Answer: FALSE! “Shall not be infringed” does not mean “unless the government thinks it’s reasonable to protect the people.” Our Constitution was drafted to ensure we were protected from enemies FOREIGN and DOMESTIC, including tyrannical governments. The 2nd Amendment was included to provide such protection, especially as against our own governments’ tyranny. #ConstitutionMatters
T/F Tuesday Answer: FALSE! Free software like Google Docs can be used to draft briefs and other pleadings; Google Sheets is great for compiling your Table of Authorities; Google Slides makes it easy to create professional looking charts and graphs; & any PDF editor can be used to put it all together and add consecutive page numbering. #ConstitutionMatters
T/F Tuesday Answer: TRUE! Courts across the country have recognized that “The principal function of the separation of powers is the protection of individual liberty.” See, for example, In re Certified Questions, from the MI Supreme Court on 10/2/20. #ConstitutionMatters
T/F Tuesday Answer: TRUE! Per SCOTUS June 2023, the power of the Assembly is limited and defined by the constitution. The legislature, after all, “is a creature of the constitution.” When legislatures make laws, they are bound by the provisions of the very documents that give them life. Legislatures, the Framers recognized, “are the mere creatures of the State Constitutions, and cannot be greater than their creators.”
T/F Tuesday Answer: FALSE! US Constitution Article IV Section 4 guarantees us a REPUBLICAN form of government, where we elect government representatives, but We The People retain ultimate control and authority. #ConstitutionMatters
T/F Tuesday Answer: FALSE! While there are many types of “audits”, usually audits are designed to look at an overall picture for a year with a limited percentage of transactions being reviewed. An audit can be an in-depth look at one particular item or area within an accounting over a short period of time. MAR or Municipal Accounting Review is to look and understand EVERY transaction that takes place within an entity’s bank account for several years, both money in and money out. #ConstitutionMatters
T/F Tuesday Answer: FALSE! Most issues are not appealable if you don’t raise them properly in the trial court, and many judges (unfortunately) don’t adhere to the law. So, while you should hope for the best, you should prepare for the likelihood of needing to appeal. Bottom line? Raise all of your legal arguments in writing or on the record to preserve them for possible appeal.
T/F Tuesday Answer: FALSE! You may NOT be lawfully excluded from property open to the public through the use of trespass laws. The “First Amendment does not guarantee access to property simply because it is owned or controlled by the government,” but it does “protect[] a right of access to places traditionally open to the public.” Thus, you CANNOT be denied access to property open to the public, unless you are 1) obstructing normal operations or 2) interfering with others’ rights of normal use of the property. If you do that, you can be charged with Disturbing the Peace, etc., but you CANNOT be excluded from property open to the public “through the use of [] trespass laws.” US Supreme Court (1968 & 1981).
T/F Tuesday Answer: TRUE! Although FR Crim Pro 10(a) requires the charges to be read to you AT the arraignment (not before), Due Process (5th & 14th Am) requires the govt to give you adequate Notice & Opportunity to be heard, which means the charges must be included in the Notice to Appear for Arraignment. Additionally, the 6th Am guarantees you the right to be informed of the nature and cause of the accusation against you. #ConstitutionMatters
T/F Tuesday Answer: FALSE! Although testimony is a given at Evidentiary hearings, most Motion hearings do not have testimony or evidence presented, rather, just legal argument from each side.
T/F Tues Answer: TRUE! Court Rules require you to address each numbered paragraph of your opponent’s Motion, and any you don’t specifically deny will be treated as ADMITTED by you! So, even if you think it’s obvious that you deny an allegation, make sure you put that denial in writing! And for you “court rules are not laws” folks, this rule makes sense, so everyone can be on the same page about which issues are actually in dispute.
Ipse Dixit is Latin for “something asserted but not proved,” or simply “it is because I say it is.” Attorneys try this tactic too often, so arming yourself with the truth & knowledge of the proper procedures is the best way to combat it!
T/F Tues Answer: TRUE! While some motions are only available in civil OR criminal cases, pretrial Motions to Dismiss, in Limine, to Compel, to Quash Subpoena, & for More Definite Statement are common in civil AND criminal cases. They are also available in State AND Federal cases.
T/F Tuesday Answer: TRUE! If by the plain reading of a court rule, it seems to apply to your case, you can’t just take a court staff member’s word for it that it doesn’t apply in your case. Ask them to explain where in the court rules or laws it says that rule doesn’t apply to your case. See written confirmation before relying on it. The last thing you want to do is lose your case because of a procedural misstep.
T/F Tuesday Answer: FALSE! Even if you have a simple case, don’t pass over all the other laws. Thoroughly examine all of the other chapters in your state statutes to make sure you are not missing any that could greatly impact your case. As tedious and overwhelming as it may seem, it’s worth doing to ensure you are protecting your rights properly.
T/F Tuesday Answer: FALSE! A legislator’s #1 job is NOT to pass all laws they deem necessary, but to ensure they & other government officials follow the Constitution! A bill might have the best of intentions & have benefits to society, but if it violates any part of the Constitution, it must not be passed! In our Republic, legislators work for us, not the other way around. So all laws must be clearly understandable, not overwhelming in number & not contradictory! Legislators in all 50 states have a lot of cleaning up to do!
T/F Tuesday Answer: FALSE! While our efforts to crush tyranny work much more effectively with more people joining the freedom fight, even just 1 person can make a difference. YOU (& your phone recording) could be the difference between a traffic stop turned tragic incident & a stranger making it home safely, or between serving undeserved jail time & having a case dismissed!
T/F Tuesday Answer: FALSE! While in Florida you have 30 days to appeal a municipal ordinance violation hearing, in Michigan you only have seven days to appeal an informal hearing or 21 days to appeal a formal hearing. So, don’t miss your time to appeal!
T/F Tuesday Answer: FALSE! Although US and State constitutions clearly require due process of law before any life liberty or property is taken away, virtually all municipalities fail to provide respondents adequate information about the process when enforcing municipal codes (laws).
T/F Tuesday Answer: FALSE! The 5th & 14th Amendments guarantee that our life, liberty or property will not be taken away without due process of law. Especially since most municipal ordinance violation hearings are quasi judicial or administrative in nature, due process requires an appeal to a higher Court be available. The tricky part is that the process to appeal varies greatly from one jurisdiction to another.
T/F Tuesday Answer: FALSE! As common sense as it may seem to allow the public to sign up online to speak at legislative committee hearings, some state legislatures do not have online signups. In fact, although the Florida House has online signups, the Florida Senate does not allow signups online! So much for recognizing the public’s right to easy access to the legislature…
T/F Tuesday Answer: FALSE! Legislative committee hearings are open to the general public & anyone can speak. Those legislators work for you, not the other way around! On any subject, point them back to the Constitution and remind them of their #OathOfOffice
#USConstArt4Sec4 #RepublicanFormOfGovernment #ConstitutionMatters
