|Summary Judgment Motion Abuse, Corrupt Judges and Violation of Citizens' Right to Trial|
To many people a court is a thing to stay away from, bad things happen there, people are sued for damaging someone or something and people are found guilty of driving too fast, and so on. However, perhaps more good than bad happens in court at least that is what it was set up for. Wrongs are put right and to the wronged person that is a good thing.
The court system exists so people do not have to unjustly suffer a loss or injury. It gives a recourse that is civilized (in pre-medieval times it was recorded people would kill their neighbor for stealing a pig and it was the only way for some people to exact justice). On the other hand civilized justice relies on the court system being fair. To many people and especially the loser of a court case it may seem unfair. That is natural especially because you would not be going to court unless you thought a wrong had been unfairly committed upon you.
But what happens to the civilized way if the judge is corrupt or the jury biased? The jury (your fellow citizens) reflects social morality and intelligence of the time. Even given truth the jury sometimes sees something else as truth usually because the jurors see things through some kind of bias (sometimes instilled in them by a clever smooth talking attorney). For the judge however it is a different story.
First, if the judge is the sole trier of fact (no jury) your case is decided by one person only. Since the judge is supposed to know the law and be unbiased and moral you should be in good hands. But of course he is only human and may act on bias or incompetence which is why we have Courts of Appeals.
A problem exists however called maneuvering. In the Federal Court system a lot of 'it' goes on and 'it' is generally immoral and sometimes illegal. To get in federal court you need to have a right to be there but the Judicial Conference and the Supreme Court have put up many hurdles for you to be able to get there. The opposing party's attorney knows how to manipulate those hurdles; he has a big bag of tricks full of corruption! The best known tricks are motions to dismiss for failure to state a claim (Rule 12 (b) 6 motions) and Summary Judgment Motions (SJM).
The SJM is widely abused by unethical attorneys, and is accepted by corrupt judges. In fact it requires a lawyer to lie in sworn court documents, and requires a corrupt or stupid judge to accept these lies. This motion is governed by Federal Rules of Civil Procedure (FRCP) under rule 56.
Under this rule the motion means one party is asking for a ruling in their favor because they swear the facts (the lies) presented to the court are not disputed by the opposing party!
This situation exists primarily because the Supreme Court has made it clear to the Trial Courts that they are too clogged with cases therefore the trial courts must clear their calendars. What this means is 'get rid of as many cases as you can as fast as you can', 'by whatever means you can'. Naturally a corrupt complacent judge will blow out a case by accepting SJM from lawyers willing to lie in sworn documents. This
scenario however has opened the Pandora's Box.
This scenario however has opened the Pandora's Box.
Obviously these cases are easily identified. Just look at the opposing parties pleadings (sworn documents) where facts are indeed disputed and lies are uncovered. How a judge defies the obvious is through distortion, fact twisting and overt misconstruction of facts. In blatant exhibition of abuse of his authority he may even refuse to accept facts offered by opposing parties. Then he can go on claiming no facts are disputed justifying ruling in favor of the movant for SJM by stating 'it is a matter of law'. Since 'magically' no facts are disputed the law says you are guilty.
This is judicial corruption. The fact is it is common and widespread. Everyone in the legal system knows about it yet honest lawyers do not file motions to sanction opposing attorneys for doing it. The Courts of Appeals do not sanction or remove Trial Court judges for doing it. The Judicial Conference makes the FRCP but the rules are not followed. The Supreme Court oversees the whole business, do nothing to stop it or sanction those guilty of doing it. The judicial system has become a grand failure and a danger to a free society.
Government employees everywhere are emboldened to violate citizens' rights, from the DMV clerk to the postman and to your Congressman.
Here it is: You encounter a government employee entering your lot, ask what they are doing there, and they say they are inspecting for this or that government regulation. But you know they do not have a legal right to be there and you tell them so. In retaliation they come back with a multitude of other government employees who proceed to brandish weapons and walk around your home in a threatening manner making you believe they may harm you if you do so much as move your hand to scratch your chin. So, you go to court claiming your civil rights have been violated but you find it is going to cost upwards of $100K in attorney fees with no guarantee you will win. So, you either can't afford it or you do not want to risk that much but you still move forward due to the injustice of it all by filing a complaint pro se, meaning you represent yourself. You then encounter hurdles like, Immunity Defense, 12 (b) 6 motions, Plausibility Pleading, fraudulent SJMs thrown at you, federal government using its resources to represent a government employee accused of violating a citizen's constitutional rights. You know it should be the other way around, the DOJ should be representing you, protecting you 'Joe citizen', the one who pays their salary, the one the Constitution is supposed to protect, so all you see is injustice piled on injustice, then you encounter a judge who is arrogant with an attitude that 'who do you Joe citizen think you are' suing one of 'us' who sacrifices so much to do the work of government, protecting you, taking care of public lands, feeding you, making sure you have good streets, clean air...., so the judge allows a motion to dismiss your case, or a SJM against you, and to boot he makes you pay court costs the DOJ incurred defending their fellow government employees from 'Joe bad butt' citizen.
Now you know why people don't fight for their civil rights which in the long run mean, you, me, your brother next door, and aunt Emmy in Knoxville have no civil rights. Thus the Constitution is in reality just a big farce, and any American who goes to a foreign country and looks down on 'them' because they do not seem as developed as we are in the U.S. well they are just poor stupid fools. And what about all the citizens who did not try to go to court to uphold their constitutional rights? They are traitors to their fellow countrymen, to themselves, their family and friends but worst of all they have dishonored all the past Americans who lived and died to make this country great, and keep it safe by upholding the Constitution.
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