Statuse and Laws

Washington

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• Washington Administrative Code
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What Does Mereit Mean?

 What does merit mean in a court case?

"In law, merits are the inherent rights and wrongs of a legal case, absent of any emotional or technical bias. The evidence is applied solely to cases decided on its merits, and any procedural matters are discounted. The term comes from Old French merite,  meaning "reward" or "moral worth," (Wikipedia, 23).

Cite:

Merit (law), https://en.wikipedia.org/w/index.php?title=Merit_(law)&oldid=1153477808 (last visited Aug. 27, 2023).

Fig 1: 

These are the paper needed to file for a civil suit ....

 

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• These are the paper needed to file for a civil suit ......
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• United States & Ridley v. State of Georgia (Dublin City & Laurens County School Districts) (S.D. Ga.)
  Summary      Consent Order       Motion to Enforce       Memorandum in Support of Motion to Enforce       Opposition to Motion for Unitary Status       Motion to Join Laurens County       Settlement Agreement       Summary Judgment Motion Against Laurens       Summary Judgment Motion Against Dublin       Opposition to Laurens's Motion For Summary Judgment       Reply in Support of Summary Judgment Motion

Cited from : Department of Justice Cases Educational Opportunities, special education, at https://www.justice.gov/crt/educational-opportunities-cases#disablity

Learning about the Law

 Omg, so did you know that we have so many different cross - roads in the legal realm? Well neither did I. It goes from Bill of Rights to Acts, Status, Ordinances, Common Law, RCW'S, WAC'S the list goes on then we have Regulations,orders, Rights, Rules, Policies, Conduct, principles Procedures, Appeals, Briefs, Opinions, Civil, Criminal,  Litigation, or Plaintiff, Defendant, Motion, Petitioner, Respondent, Authority, Jurisdiction, Remedies Fuck, what does it mean?  

All those words I mentioned above have a certain meaning to the value of a lawsuit.... so get ready to follow every link and look up every word I share in a legal definition so that you can be successful in your law suit endeavors..... 

It means you have a lot of research ahead of you if you want to be prepared to go Pro Se in the court room....

Geeze,  we haven't even mentioned the courts, we have house of reps, Senate, Congress, governors, commissioners, officers, boards, non profits, courts, votes, lobbyist, legislation's, executive orders, emergency orders,   Follow this blog and find all the important like to resources needed to fight for your rights and win!

42 U.S.C (ss) 1983

Federal courts have jurisdiction over suits brought pursuant to 42 U. S. C. § 1983, the statute that creates a remedy for violations of federal rights committed by persons acting under color of state law.

. www.facebook.com/enactNESARAnow. Accessed 26 Aug. 2023.

Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer’s judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable. For the purposes of this section, any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia.

(R.S. § 1979; Pub. L. 96–170, § 1, Dec. 29, 1979, 93 Stat. 1284; Pub. L. 104–317, title III, § 309(c), Oct. 19, 1996, 110 Stat. 3853.)

Amendment by Pub. L. 96–170 applicable with respect to any deprivation of rights, privileges, or immunities secured by the Constitution and laws occurring after Dec. 29, 1979, see section 3 of Pub. L. 96–170, set out as a note under section 1343 of Title 28, Judiciary and Judicial Procedure.

 Cited

Cornell law School. Legal Information Institute. CLS. https://www.law.cornell.edu/uscode/text/42/1983. Accessed 26 Aug. 2023. Rpt. of 42 U.S. Code § 1983 - Civil action for deprivation of rights. 1983

“2. Any claim for damages arising out of any act done or the failure to perform any act within the scope of *734employment and in the discharge of the duties of any officer or employee of the department shall be brought and maintained in the court of claims as a claim against the state.”

"Exceedingly Persuasive Justification" Test

 According to text in FindLaw.com, word for word , the Text states, "to have a violation of the Equal Protection Laws, due to General or race, you complaint must meet the burden of justification and have substantive findings otherwise; you must prove the law deviated from the presumption that extension, rather than nullification of the denied benefit is generally the proper course." (FindLaw.com). 

In a 1996 case, the Court required that a state demonstrate exceedingly persuasive justification for gender discrimination. When a female applicant challenged the exclusion of women from the historically male-only Virginia Military Institute (VMI), the State of Virginia defended the exclusion of females as essential to the nature of training at the military school.24 The state argued that the VMI program, which included rigorous physical training, deprivation of personal privacy, and an adversative model that featured minute regulation of behavior, would need to be unacceptably modified to facilitate the admission of women. While recognizing that women's admission would require accommodation such as different housing assignments and physical training programs, the Court found that the reasons set forth by the state were not exceedingly persuasive, and thus the state did not meet its burden of justification. The Court also rejected the argument that a parallel program established by the state at a private women's college served as an adequate substitute, finding that the program lacked the military-style structure found at VMI, and that it did not equal VMI in faculty, facilities, prestige or alumni network.

The Court in Sessions v. Morales-Santana applied the exceedingly persuasive justification test to strike down a gender-based classification found in a statute that allowed for the acquisition of U.S. citizenship by a child born abroad to an unwed couple if one of the parents was a U.S. citizen.25 The law at issue in Morales-Santana, which had been enacted many decades earlier, conditioned the grant of citizenship on the U.S. citizen parent's physical presence in the United States prior to the child's birth, providing a shorter presence requirement for an unwed U.S. citizen mother relative to the unwed U.S. citizen father.261`````````````````````````````````````qqq

According to the majority, such a classification must substantially serve an important government interest today,27 and the law in question was based on two once habitual, but now untenable, assumptions: (1) that marriage presupposes that the husband is dominant and the wife is subordinate; (2) an unwed mother is the natural and sole-meet burden of justification guardian of a non-marital child.28 Having found that the law was an overboard generalization about males and females and was based on the obsolescing view about unwed fathers,29 the Court concluded that the citizenship provision's discrete duration-of-residency requirements for unwed mothers and fathers who have accepted parental responsibility [was] stunningly anachronistic.30

In response to what the lower court had described as the most vexing problem in the case,31 the Morales-Santana Court, in crafting a remedy for the equal protection violation, deviated from the presumption that extension, rather than nullification of the denied benefit is generally the proper course.32 The Court observed that Congress had established derivative citizenship rules that varied depending upon whether one or both parents were U.S. citizens and whether the child was born in or outside marriage.33 Justice Ginsburg writing for the majority concluded that extending the much-shorter physical presence requirement applicable to unwed U.S. citizen mothers to unwed U.S. citizen fathers would run significantly counter to Congress's intentions when it established this statutory scheme because such a remedy would result in a longer physical presence requirement for a married U.S. citizen who had a child abroad than for a similarly situated unmarried U.S. citizen.34 As a result, the Court held that the longer physical presence requirement for unwed U.S. citizen fathers governed, as that is the remedy that Congress likely would have chosen had it been apprised of the constitutional infirmity.35" (Find law.com, )

Cite

FindLaw Staff. (2022, July 27). Find Law. Retrieved August 19, 2023, from https://constitution.findlaw.com/amendment14/annotation06.html

Definitions

Definitions 

in·fer

verb

past tense: inferred; past participle: inferred

1. deduce or conclude (information) from evidence and reasoning rather than from explicit statements.

   "it is possible to infer a trend from the figures"  

Cite: Dictionary.com

Natural Rights & Foundations

These are the philosophical principles which provide the focus for the governing structure of the United States.

Natural/Inalienable Rights: Rights which belong to humans by nature and can only be justly abridged through due process. Examples are life, liberty, and property.

Liberty: The power to think and act as one sees fit without restraint except by the laws of nature and interfering with someone else’s rights.

Equality: All individuals have the same claim as human beings to natural rights and treatment under the law.

Justice: Having a political order that protects the rights of all equally and treats everyone equally under the law.

Consent & Republican Government

These principles of republicanism provide the foundations upon which the sovereignty of the people within government is maintained.

Majority Rule/Minority Rights: Laws are made with the consent of the majority but do not infringe on the inalienable rights of the minority.

Consent of the Governed/Popular Sovereignty: The power of government comes from the people.

Democracy: A form of government in which ultimate authority is based directly on the will of the people.

Republic: A constitutional form of government with elected representatives who represent and “refine and enlarge” the will of the people.

Limited Government

To keep the governing power to its proper scope, government must be limited and provide recourse for citizens to be protected from arbitrary power.

Rule of Law: Government and citizens all abide by the same laws regardless of political power. Those laws must be stable and justly applied.

Due Process: The government must apply law and rules equally to all people.

Constitutional/Auxiliary Precautions

To keep government within these limited bounds, there must be rules that bind both individual citizens and government action.

Separation of Powers: The branches of government each have powers to limit the powers of the other branches and to prevent any branch from becoming too powerful.

Checks and Balances: Constitutional powers are distributed among the branches of government allowing each to limit the application of power of the other branches and to prevent expansion of power of any branch.

Federalism: The national and state governments have a balance of separate and shared powers. The people delegate certain powers to the national government, while the states retain other powers; and the people retain all powers not delegated to the governing bodies.

Bill of Rights

As a final recourse against government abuse, the Founding generation codified a list of rights that they believed were essential to the maintenance of their constitutional governing structure.

Freedom of Religion: The right to choose one’s religion or form of worship, if any, without interference; freedom of conscience.

Freedom of Speech, Press, and Assembly: The right to express one’s opinions freely, orally or in writing and the right to gather with others in groups of one’s choice without arbitrary or unreasonable restrictions.

Private Property: The natural right of all individuals to create, obtain, and control their possessions, beliefs, faculties, and opinions as well as the fruits of their labor.

VIRTUES & VICES

The maintenance of our republican government requires the people be vigilant, informed, and virtuous, ensuring that governing institutions are directed towards their right ends. Good habits, or virtues, promote self-government and help guarantee that communities orient themselves towards advancing the spirit of a common purpose. A list of those civic virtues are provided here.

Virtues

Courage: The ability to take constructive action in the face of fear or danger. To stand firm as a person of character and do what is right, especially when it is unpopular or puts one at risk.

Honor: Demonstrating good character and being trustworthy.

Humility: A recognition that one’s ignorance is far greater than one’s knowledge. Putting others ahead of ourselves in thought, word, and deed. A willingness to give others credit and to admit when we are wrong.

Integrity: To tell the truth, expose untruths, and keep one’s promises.

Justice: Upholding of what is fair and right. Respecting the rights and dignity of all.

Moderation: The avoidance of excess or extremes.

Prudence: Practical wisdom that applies reason and other virtues to discern right courses of action in specific situations.

Respect: Regard for and defending the equal rights and inherent dignity of all human beings, including oneself.

Responsibility: Acting on good judgment about what is right or wrong even when it is not popular. Individuals must take care of themselves, their families, and their fellow citizens/others in civil society and a republic and be vigilant to preserve their own liberty and the liberty of others.

 

Vices

Cowardice: Failing to take constructive action in the face of fear or danger. A lack of firmness or conviction.

Contempt: Showing disregard, disdain, or lack of consideration for someone or something worthy of action or admiration.

Immoderation (Extremism): Acting in excess or to an extreme. Lacking restraint.

Dishonor: Failing to demonstrate good character, integrity, and acting deceptively.

Self-Deception: Acting on a belief that a false idea or situation is true. Being deluded or deceived by ideas that endanger the humanity of others and movements that are unjust.

Injustice: To harm others by applying unequal rules and damaging another’s inalienable rights and dignity.

Hubris: To have excessive pride, vanity, and arrogance that usually leads to a tragic fall.

Imprudence: Acting without care or thoughtfulness for consequences. Exercising lack of wisdom appropriate to situations.

Irresponsibility: Acting on poor judgment or failing the trust others place in you.

Cited:https://billofrightsinstitute.org/resources/principles-and-virtues