Adventures of an in Propria Persona

By Schonauer Law on Jan 12, 2015 at 02:24 PM in Adventures of an in Propria Persona

Pro Per Adventures.

If you are in State court without a lawyer, you are there “for oneself," or in propria persona or pro per.  Over the next year, I hope to assist you with your journey, give you direction, keep you focused, and well hydrated.  Please feel free to comment and email questions, which may become the subject future blog posts.

Cant’ We All Just Get Along

Life is complicated, and rarely lends itself to easy answers.  I consider this an axiom, and while some will disagree I will leave politics and religion to another blogger.  Winston Churchill once stated that, “democracy is the worst form of government except all the others that have been tried.”  The same might be said of our legal system. 

It is the job of the courts to ensure justice in the administration of the law.  The court is tasked with ensuring that the rule of law decides the outcome of controversies, opposed to the arbitrary decisions of individuals.  The court follows the rules to determine ultimate facts and then applies another set of rules to determine guilt, liability, and equity (more on these terms later).

What!?

Our judicial system is much like the board games we played as a child.  Those games had rules, often brief, and that left little opportunity for disagreement.  We created facts as we played and the rules told us the result.  The Top Hat is on free parking (fact), one die shows a 6 the other a 4 (fact), 6 + 4 = 10 (fact). Applying the rules, Top Hat progresses to the next corner space and “Goes to Jail”.    

When Games get more complicated we need more complex rules that often do not cover all the possible factual situations - arguments result.  Just the other day, as I sat in Coffee Cat, two gentlemen played Blitz chess while a third watched.

“Hey – you can’t touch the clock when it is not your turn!”

“I had to straighten it, that’s allowed.  Plus, your hand is always hovering over the clock, which is a violation, and you can’t straighten your pieces on my time – you did that TWICE”

“Why didn’t you say so while I was doing it?”

“Because …”

Still more complicated is getting 300 Million people to reasonably get along.  But it is not as complicated as you think.  I will assist you on your journey.  Just follow the map, it is clear and simple.  Your destination is due East from the Shire and slightly north.

Stay Tuned.