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The federal removal statute allows for remands obtained by attorney misconduct and fraud. We have petitioned the U.S. Supreme Court for a Writ of Certiorari, to consider declaring all or part of this statute - unconstitutional.
This comprehensive work discusses all aspects of the writ and its jurisdiction in English common law and United States federal and state courts. Includes an examination of issues of bail, foreign and interstate extradition, the return, pardon, custody, etc. and a thorough history of the writ that traces its history to the Roman Edict.
This is an actual copy of the booklet format Petition for Writ of Certiorari that was accepted and filed in the Supreme Court of the United States on October 28, 2013. This petition was written by me as a pro se (or self-represented) litigant. Without the use of a lawyer, I learned the Rules of Court and the specific rules for the formatting of this booklet. The legal knowledge used to present my case on appeal stemmed from my many years spent fighting for myself and others in various courts in the United States. My experiences range from litigating cases in Small Claims, Civil, Circuit, Family, other lower Appellate courts, and finally the United States Supreme Court. I also have a paralegal certificate from a university in New York. In my quest for justice, I have found that if judges are fair, impartial and follow the law, you will win if your case is meritorious. It is only when lawyers and judges collude with each other behind closed doors that the self-represented litigant is denied justice. Knowledge is power. You can also win if you know the rules of court, the rules of evidence and how to write legal motions and other documents. You should also familiarize yourselves with legal research methods which will help you to find cases and laws that support your position. This book is about finding justice and not giving up. Courts of appeal are there to review what was done in the lower trial courts, so you should always take advantage of those venues. You just may win your case if the appellate judges reverse, vacate or remand the case back to the lower court or tribunal. Never give up. You just may win. Use this book as a guide to writing your own legal briefs. You will then have the satisfaction of knowing that you did not have to hire an expensive, incompetent, crooked or greedy lawyer to represent your interests. You can do it yourself at minimal cost. The contents of the petition is my actual experience trying to get justice and my lawful workers' compensation benefits through the courts in Florida. Liane Alvarez, outside counsel for the Employer has tried for more than eight years to get me to waive my rights by signing settlement documents that, under the law, I had the right not to sign. We are still doing battle since I do not intend to let my workers' compensation benefits be kept by the unscrupulous employees of the The School Board of Miami-Dade County d/b/a Miami-Dade County Public Schools. The law is on my side. They have broken State and Federal laws by not paying me what I am owed after being attacked and injured by a student in my own classroom. I was the victim of a workplace crime, and I am still being victimized by this ruthless employer. They are lawbreakers who do so with impunity. But, I shall not give up my fight for justice and my lawful benefits. You should not give up your fight either. This book will help you in your quest for justice. Just follow the format. Good luck to you all. And, thanks for purchasing this book.
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.