PAPER ON THE WINNING OF COURT CASES
Charles Francis Conces
This paper is written to explain
to the ordinary citizen how to win their lawsuits and why these things are
necessary. Most citizens lose when going up against a government entity because
they don't have the knowledge of the necessities of claims and testimony and
even many lawyers fail to do the lawsuit right. This is not complicated and as I
am writing these things down, you can go over them until you have a full
Requirements for Suit
1) Establish that defendant has done
some act or failed to do some act that caused you damage. Ex. IRS agent refuses
to respond to your administrative pleadings.
2) Establish that the defendant
had a duty to perform some act or refrain from doing the act. Ex. Federal Crop
insurance case states that the agent has moral and legal duty to speak when you
raise a credible issue. Ex. IRS agent took collection actions without proper
procedures and he had the duty to follow procedures.
3) Establish that the
agent's actions or inaction was the immediate or proximate cause of the damages
that you suffered. Ex. IRS agent caused you and your family economic and
emotional damages by acting outside of his lawful authority.
that you had damages and list those damages. Ex. Emotional, financial, rupture
of family relations, defamation of character, etc.
5)Immunity is not normally
a refuge for the IRS agent being sued, but you should be aware that "good faith"
efforts on the part of any agent are requirements for any claim of immunity. Ex.
IRS agent refused to respond to "C" letters, being the equivalence of fraud
according to the U.S. Supreme Court.
Steps for Lawsuit
a) Target the agent who has caused you
damage. (emotional, etc.)
b) Set up the lawsuit by notification to the agent.
Statement of Fact letter are great for this purpose.
c) Use the Statement of
Facts as the basis for writing your lawsuit. If the agent does not respond, then
he is guilty of the equivalence of fraud.
d) You make four copies of
everything. 2 for the court, 1 for the agent, and always keep a copy for
e) You will need the Complaint, the affidavit, the demand for jury
trial, the Notice To Court, and exhibits of the letters that you have sent to
the agent (mark them exhibits "A", etc.).
f) When you go to the U.S. District
Court to file the Complaint, etc., you will need a summons that you can get from
the Court. You can fill out the summons before you file or fill the summons out
in pen. The Court Clerk will stamp and date them. You should get at least three
copies of the summons for serving on the defendant. You can check "Federal
issue" as being the basis for a suit or ask the clerk.
g) You will then need
to serve the summons, complaint, affidavit, and exhibits on the Defendant. Look
at Rule 4 to see the best way to do this.
. h) The Defendant has about 20
days to Answer. If he does not, you can file for a Default Judgment.
there is a motion to dismiss, use the case law in my Important Case Law document
to prevent Summary Judgment.
j) Under rule 26 you can begin to demand
documents and names without waiting for Discovery.
k) Under Discovery, you
can request Admissions, Interrogatories, and Depositions. This is the fun part.
Make your interrogatories short and to the point.
l) You may be asked to
settle at this point or earlier.
What to do to win
1)The first thing that has to be
established in court to confer jurisdiction on the court, is that there must be
a least two parties that have an issue to be litigated. You must file a
complaint that sufficiently establishes a controversy. A Complaint must be
filed. When an IRS agent steps outside of his authority, he should be sued as an
"Sovereign immunity does not shield individual United States
officials in their individual, as opposed to their official capacities";
Williamson v. U.S. Department of Agriculture, 815 F.2d. 369, ACLU Foundation v.
Barr, 952 F.2d. 457, 293 U.S.App.DC 101, (CA DC 1991).
"An instrumentality of
Government he might be and for the greatest ends, but the agent, because he is
agent, does not cease to be answerable for his acts."BRADY v. ROOSEVELT
STEAMSHIP CO., 317 U.S. 575 (1943).
"Personal involvement in deprivation
of constitutional rights is prerequisite to award of damages, but defendant may
be personally involved in constitutional deprivation by direct participation,
failure to remedy wrongs after learning about it, creation of a policy or custom
under which unconstitutional practices occur or gross negligence in managing
subordinates who cause violation." (Gallegos v. Haggerty, N.D. of New York, 688
F. Supp. 93 (1988).
Remember that a fictional entity such as the United
States cannot even pick up a pen and can only act through its agents. If you sue
the United States, you are risking having it thrown out because the United
States is innocent and can only do what the law authorizes.
2) The second
thing is that there must be subject matter jurisdiction. This means that the
subject matter of the case must be presented in the proper court. It also means
that there must be a valid controversy and such controversy shall be clearly
laid out in the complaint. It is best to state the basis on which you are
conferring jurisdiction . The legal dictionary states that it is jurisdiction to
hear and decide cases of a particular type. The two major categories of subject
matter jurisdiction in the federal courts are diversity jurisdiction and federal
The court clerk will answer this question for you if
you do not understand it. You cannot file a case for child abuse in a bankruptcy
court, for example. If you are the Plaintiff, this will not be a burning concern
since you only have to be sure your case is being presented in the proper court
and you can state that jurisdiction in your complaint and the defendant will
then have to rebut your claim of jurisdiction if they choose to do so.
The third thing to do is find case law that matches your issues as closely as
It is important to realize that law emerges only through litigation
about actual controversies. Once a precedent has been set in law, that precedent
holdings in a case must follow previous rulings, if the facts
are identical. This is the principle of stare decisis. But subsequent cases can
also change the law. If the facts of a new case are distinguishable, a new
rule can emerge. And sometimes, if the grounds of a precedent are seen to be
wrong, the holding can be overruled by later courts.
4) The fourth thing
that most people miss is right before our eyes and is the reason why most people
lose in summary judgments. Let's say you want your case brought before a jury
and you have made that demand. Suddenly the opposition files for summary
judgment and you have a hearing before the judge. You argue your case in writing
and oral arguments. The judge proceeds to ignore all your citations of law and
all your arguments. He rules against you and dismisses your case. Why? Is it
because the court is a military court and has a gold fringe around the flag?
Does the flag confer jurisdiction on the court? NO. Is this a military or
maritime law court? NO. What is it then that allows the judge to dismiss your
Is it that you are under adhesion contract to a municipal
corporation? You know that you cannot be forced to join a corporation.
You know that you cannot be forced to sign a contract or enter an
agreement without your consent. You know that any contract must be
entered into with full knowledge. You know that any contract must be
specific and would be void for vagueness if it did not spell out the terms of
the contract. It cannot be an adhesion contract. So what is it that allows the
judge to ignore your arguments and make nonsensical rulings?
Before I answer
that let me give you two examples of judges statements from the bench that we
have on the record. In both cases, the judges refused to tell the plaintiff why
they made there rulings. One judge said that the plaintiff must take it to
Appeals and let Appeals tell plaintiff why the judge dismissed their case!
now we are informed of two things. First, there is a secret court ruling or
procedure that the judges are colluding in and they do NOT want you to know what
it is. Second, the judge is stating that the Appeals Court judges also know what
that secret ruling or procedure is. Amazing, utterly amazing!
. To ward off
the Summary judgment is not too hard. Use these case laws that the lower courts
"Since personal involvement is a question of fact we are governed
by the general rule that summary judgment may be granted only if no issue of
material fact exist and the defendant is entitled to judgment as a matter of
law." Fed.R.Civ.P.56(c); Hayden Pub.Co., Inc. v. Cox; Broadcasting Corp., 730
F.2d 64, 67 (2d Cir. 1984).
"The party seeking summary judgment bears the
burden of establishing that no such dispute exists." Gutwein v. Roche
Laboratories, 739 F.2d 93, 95 (2d Cir.1984).
"Where rights secured by the
Constitution are involved, there can be no rule making or legislation which
would abrogate them." Miranda, 384 US 436, at 491.
Now I will tell you what
that secret agenda is. There are a number of high court rulings that state that
the court cannot decide on the basis of argumentation and must decide on facts
presented to the court by a competent witness. You however did not raise your
hand and testify at your hearing. You even failed to present any witnesses
because you thought you were testifying when you were giving oral arguments!!!
You actually did not raise your hand and swear to give testimony.
have presented your testimony before you went to hearing by filing an affidavit
sworn by you or any other competent witness, but you failed to do that also. You
could have presented a court deposition as testimony. But you didn't.
no wonder you got clobbered! But WAIT, there is one more thing that you probably
failed to do and now I'll explain that.
5) The last thing that you
probably failed to do was to enter your evidence by means of a competent
witness. Remember the famous "voter punch cards" that were brought into the
Florida court to show the election was flawed? The judge never even looked at
them and threw Al Gore's lawyers out of court. The press was upset over this and
no one knew why! THIS IS WHY...The boxes of punched cards were never presented
to the court by a competent witness. There had to be a witness to state that the
cards came from such and such precinct and that they witnessed the cards being
gathered up and boxed and transported and that they could testify to all such
matters. Without the witness, how would the judge know if there had not been
tampering with the cards during the gathering and transporting of
Lawyers cannot be witnesses in the case nor can any statements be made
by them that could be considered testimony. So much for high price
6) One more thing that will be helpful to you in your court
filings is this. The opposition will Answer some of your paragraphs with a
statement like this:
Plaintiff failed to state a claim on which relief can be
granted. Court rules state that you have three options to answer: Deny, Admit,
or state that not enough information is given to make a determination as to the
statement. Just use the last option and let the attorney explain in court what
he meant. The US Supreme Court has ruled that the judge must explain to a Pro-se
plaintiff what that means and must give the Pro-se plaintiff an opportunity to
amend his complaint.
"...allegations such as those asserted by petitioner,
however inartfully pleaded, are sufficient to call for the opportunity to offer
supporting evidence. We cannot say with assurance that under the allegations of
the pro se complaint, which we hold to less stringent standards than formal
pleadings drafted by lawyers..." Haines v. Kerner, 404 US 519 (1972).
One more caution. Some have been arguing that if an attorney makes a statement
or statements in court that you should object because the attorney cannot give
testimony. The attorney is not giving testimony because he is not sworn under
oath. His statements are mere argumentation and he has a right to make his
argument but arguments must be supported by facts placed on the record. His
client is the one who gives testimony under oath and the attorney never
Don't put yourself into a foolish situation like that!!!
Cornforth and myself had some discussion on this...
Conces: I have also
thought a little on what we can object to in lawyer statements. If the lawyer is
citing law, that would be okay. If he says "The record shows...," that would be
okay also. I can't think of much else he can say except to question
Cornforth: Now you've got it and the tougher we are on these
Polite, mannerly, but very tough.
" A presumption
is a deduction which the law expressly directs to be made from particular
facts." (Code Civ. Proc., sec. 1959 [Note: now Evidence Code, Subsec. 600.].)
And " a presumption (unless declared by law to be conclusive) may be
controverted by other evidence, direct or indirect: but unless controverted, the
jury is bound to find according to the presumption." (Code Civ.Poc., sec. 1961
[Note:now Evid.Cd, subsec. 602 et seq.].). (bracketed information added.) In
re Bauer (1889), 79 Cal. 304, 307.
Remember that all presumptions must be
based on fact and can be challenged by other facts. Make sure your facts are
stated in a factual way and are accurate and have a superior position to other
Now you can go into court and win. The enemy's handbook and script
is in your hands. Go do it!
Charles F. Conces
9523 Pine Hill
Battle Creek, MI. 49017
Mr. Conces is not an attorney, nor does he purport to give legal advise.
am now providing my Report on Liability for free. You can get it by E-mailing
me. My E-mail address is firstname.lastname@example.org