Posted by: Dale Eastman
« on: May 12, 2020, 07:40:33 AM »Request for admissions
1. Defendant can not violate law that does not apply.
2. The burden of proof is upon the Plaintiff.
3. An allegation is merely a claim.
4. A claim is not a fact in a court of law until proven with evidence and testimony.
5. Alleging a violation of law does not prove the law applies.
6. By alleging a violation of a law, an implied claim is being made that the law applies.
7. An assumption is not evidence.
8. An opinion is not evidence.
9. An assumption or an opinion that the law applies is not evidence that the law applies.
10. Assumptions or opinions, being claims, require evidence and testimony.
11. The Brady Rule requires the prosecutor to apprise the defendant of any exculpatory evidence favorable to the accused – evidence that goes towards negating a defendant's guilt, that would reduce a defendant's potential sentence, or evidence going to the credibility of a witness.
12. No evidence that the law applies would itself be exculpatory evidence.
13. If a law can not be proven to apply, then Defendant can not violate such a law.
14. Claiming evidence that the law applies is because the law claims it applies is circular logic. In order for the law's alleged command that the law applies to have authority, first, the law must apply.
15. Failure or refusal to present exculpatory evidence is a violation of the Brady Rule.
16. Violation of the Brady Rule is prosecutorial misconduct.
17. The United State's Declaration of Independence, stating in these words, "We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. — That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed,", claims the purpose of governments are to secure individual rights.
18. There are no collective rights without individual rights.
19. If no individual in a collective can be proven to have suffered damage caused by the Defendant, then the collective has not suffered damage either.
20. Invoking the court's jurisdiction requires standing.
21. Standing requires an Injury-in-fact. The plaintiff must have suffered or imminently will suffer injury—an invasion of a legally protected interest that is (a) concrete and particularized, and (b) actual or imminent (that is, neither conjectural nor hypothetical; not abstract). The injury can be either economic, non-economic, or both.
22. Standing requires a Causation: There must be a causal connection between the injury and the conduct complained of, so that the injury is fairly traceable to the challenged action of the defendant and not the result of the independent action of some third party who is not before the court.
23. Standing requires Redressability: It must be likely, as opposed to merely speculative, that a favorable court decision will redress the injury.
24. Plaintiff has not alleged an Injury-in-fact.
1. Defendant can not violate law that does not apply.
2. The burden of proof is upon the Plaintiff.
3. An allegation is merely a claim.
4. A claim is not a fact in a court of law until proven with evidence and testimony.
5. Alleging a violation of law does not prove the law applies.
6. By alleging a violation of a law, an implied claim is being made that the law applies.
7. An assumption is not evidence.
8. An opinion is not evidence.
9. An assumption or an opinion that the law applies is not evidence that the law applies.
10. Assumptions or opinions, being claims, require evidence and testimony.
11. The Brady Rule requires the prosecutor to apprise the defendant of any exculpatory evidence favorable to the accused – evidence that goes towards negating a defendant's guilt, that would reduce a defendant's potential sentence, or evidence going to the credibility of a witness.
12. No evidence that the law applies would itself be exculpatory evidence.
13. If a law can not be proven to apply, then Defendant can not violate such a law.
14. Claiming evidence that the law applies is because the law claims it applies is circular logic. In order for the law's alleged command that the law applies to have authority, first, the law must apply.
15. Failure or refusal to present exculpatory evidence is a violation of the Brady Rule.
16. Violation of the Brady Rule is prosecutorial misconduct.
17. The United State's Declaration of Independence, stating in these words, "We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. — That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed,", claims the purpose of governments are to secure individual rights.
18. There are no collective rights without individual rights.
19. If no individual in a collective can be proven to have suffered damage caused by the Defendant, then the collective has not suffered damage either.
20. Invoking the court's jurisdiction requires standing.
21. Standing requires an Injury-in-fact. The plaintiff must have suffered or imminently will suffer injury—an invasion of a legally protected interest that is (a) concrete and particularized, and (b) actual or imminent (that is, neither conjectural nor hypothetical; not abstract). The injury can be either economic, non-economic, or both.
22. Standing requires a Causation: There must be a causal connection between the injury and the conduct complained of, so that the injury is fairly traceable to the challenged action of the defendant and not the result of the independent action of some third party who is not before the court.
23. Standing requires Redressability: It must be likely, as opposed to merely speculative, that a favorable court decision will redress the injury.
24. Plaintiff has not alleged an Injury-in-fact.
