Fraud has to be pleaded with particularity Generally, when a party sues in state or federal court, they have to put in the complaint enough facts to give the defendant notice of the claim. We call it notice pleading. Notice pleading allows a party to make broad and vague statements in the complaint—just enough to give notice of the claim to the other party. Federal courts have a narrower pleading rule that requires a bit more facts in the complaint. But for the most part, in most jurisdictions (maybe all), if a party wants to sue on a claim of fraud, they have to “state with particularity” in the complaint the facts supporting that fraud claim. So any challenges to any voting process that the Trump campaign files in any court based on fraud, will have to state those supporting facts on the face of the complaint or their lawsuit will likely be dismissed. Here are some of the civil rules that may apply. Federal Court Federal Rules of Civil Procedures Rule 9—Pleading Special Matters. (b) Fraud or Mistake; Conditions of Mind. In alleging fraud or mistake, a party must state with particularity the circumstances constituting fraud or mistake. Malice, intent, knowledge, and other conditions of a person’s mind may be alleged generally. Pennsylvania Pennsylvania Rules of Civil Procedure Rule 1019. Contents of Pleadings. General and Specific Averments (b) Averments of fraud or mistake shall be averred with particularity. Malice, intent, knowledge, and other conditions of mind may be averred generally. Georgia Georgia Code Annotated. Title 9, Chapter 11, Article 3—§ 9-11-9 pleading special matters (b) Fraud, mistake, condition of the mind. In all averments of fraud or mistake, the circumstance constituting fraud or mistake shall be stated with particularity. Malice, intent, knowledge, and other condition of mind of a person may be averred generally. Nevada Nevada Rules of Civil Procedure Rule 9—Pleading Special Matters. (b) Fraud or Mistake; Conditions of Mind. In alleging fraud or mistake, a party must state with particularity the circumstances constituting fraud or mistake. Malice, intent, knowledge, and other conditions of a person’s mind may be alleged generally. Arizona Arizona Rules of Civil Procedure Rule 9—Pleading Special Matters. (b) Fraud or Mistake; Condition of the Mind. In alleging fraud or mistake, a party must state with particularity the circumstances constituting fraud or mistake. Malice, intent, knowledge, and other conditions of a person’s mind may be alleged generally. Jack Sheridan 11/6/2020 |
Before the last presidential election, America was great. Now, we are abandoning our leadership position in the world, and destroying or repudiating everything that makes us great. Our president and his cabinet have contempt for the Constitution and the courts, no respect for workers and their needs, no respect for the planet, no respect for our agencies, no respect for our allies, and no respect for people in general. For the purpose of the upcoming primaries, we need to abandon the arguments that Trump stole the election in the electoral college owing to the email scandal and help from Russia, and accept that we, the opposition, put him there. It was an election that should have been a landslide, but we, by supporting Wall Street democrats instead of the democrats who speak for all of us, gave voters who were dissatisfied with the status quo nowhere to go but to Trump. Wall Street Democrats are democrats who take money from the rich—the one percent—and who, as a result, support anything that Wall Street supports to the detriment of the People. Wall Street democrats hedge on everything: they want to tweak rather than fix healthcare, they want to increase taxes, but they won’t commit to taxing the one percent as the rich were taxed in the 1970s, they don’t want to raise the minimum wage to a livable wage because they say that might destabilize things, they don’t want free college tuition because that’s going too far (even though crippling college debt is often as much as the cost of a house), they support the environment but see good uses for fracking, they won’t commit to withdrawing from Middle East entanglements and using some portion of the military budget for other things because we have to continue to “lead” over there, and most importantly, they won’t support regulations to curb Wall street abuses, because Wall Street is a major funder of their campaigns. Hillary Clinton lined her pockets with millions in speaking fees from Wall Street firms while she was talking about running for president and claiming that she would rein in Wall Street. Many democrats in the House and Senate are heavily supported by Wall street, and make the same claim. This is what happened. Voters who were not committed democrats, but who wanted to vote democrat, did not vote democrat, because we only gave them Wall Street democrats instead of a choice for change. Those uncommitted voters ruled out republicans and Wall Street democrats because they are both funded by the rich to help the rich get richer and neither group wants to make changes to the status quo. The view among many is that neither party represents the People. Trump and Sanders were the two forces for change—change from the left and from the right. Once Bernie was out of the running and Hillary was in, we left them nowhere to go. They fell into the arms of Trump. As a candidate, Trump oozed corruption, but promised something different. Honest hardworking educated intelligent voters voted for Trump knowing his flaws, but thinking he was who he said he was, that he would bring about some kind of change in a country desperately in need of change, and that he was the lesser of two evils. It’s hard for democrats to hear this, but to many Americans, especially the independents and dissatisfied republicans, both candidates, Hillary and Donald, were seriously flawed and corrupt, but Trump was the only choice left for change once Bernie was out. Bernie or Elizabeth would have cleaned up in that election, because they offered change without hypocrisy. How can we stop this from happening again? The answer is we can’t let Wall Street democrats reach the general election, because the base won’t show up to vote, and the independents and disillusioned republicans will vote again for right-wing change. We want the general elections to pit liberal democrats with vision, who represent change, against main stream republicans, or against republicans who want change, because their message is change for the one percent, and our message is change for the 99 percent. Those are battles we can win, and take back America. Stop the Wall Street democrats by showing up at the beginning of the primary process, and by working hard to select and support candidates who are not Wall Street democrats. Show up, step up and save America. Make America great again. In the sea of blue candidates running for office, how do you identify the Wall Street democrats, especially when they all claim that they will rein in Wall Street? First, see who is donating money to the particular candidate. If it’s a PAC, see if they will disclose the source. If they claim not to know, it’s probably Wall Street. Second, does the candidate support the 21st Century Glass-Steagall Act? The original Glass-Steagall Act was a Great Depression Banking Act from the Roosevelt era, that kept our savings banks and our deposits safe from being used for speculation by commercial banks. It prevented major economic crashes from 1933 until Bill Clinton killed it during his presidency. Since then savings and commercial banks play with our savings, and we have major economic crashes every few years. Elizabeth Warren and John McCain have been trying for years to pass a 21st Century Glass-Steagall Act to reinstate those protections, but without success because republicans and Wall Street democrats are beholding to Wall Street and to the one percent, and neither Wall Street nor the one percent want this bill to pass. Candidate Hillary Clinton was on record as being against passage of the 21st Century Glass-Steagall Act. In contrast, candidates Donald Trump and Bernie Sanders supported its passage, but President Trump has quietly reneged on his promise. If a democratic primary candidate does not enthusiastically support passage of the 21st Century Glass-Steagall Act, you don’t need to know anything else. That’s either a Wall Street democrat or a confused candidate. If you can’t educate the candidate to support Glass-Steagall, vote for the other candidate in the primary. Better yet, get involved early, and ensure that a candidate is running who supports the 21st Century Glass-Steagall Act, and who will not take money from Wall Street. If no candidate meets those criteria, run for office yourself. Take back America in 2018 and 2020. Make America great again. And remember, don’t demonize or criticize Trump supporters. Unless they are making over $250,000 per year, their interests are our interests, and they should be voting democrat. Let’s bring them into the fold by giving them credible candidates, and let’s show them that our issues are their issues. Click here to see Atlantic article on survey results concluding that Democrats are out of touch Click here to see Senator Warren press release on bill See 2003 Frontline article on “The Long Demise of Glass-Steagall”
6/5/17 |
“When I despair, I remember that all through history the way of truth and love have always won. There have been tyrants and murderers, and for a time, they can seem invincible, but in the end, they always fall. Think of it–always.” “First they ignore you, then they ridicule you, then they fight you, and then you win.” “The future depends on what you do today.” My favorite: “Even if you are a minority of one, the truth is the truth.”
1/20/17 |
This is the First Amendment: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances. Freedom of speech, religion, the press, the right to assemble, and the right to petition—these fundamental rights are the essence of America. Who would be so unpatriotic as to criticize Mr. Kaepenick for exercising a fundamental right in a public forum in which Black American football players should have a podium? Carry your flag proudly, say your pledge proudly, proudly stand for the Star Spangled Banner, but tolerate those who do not, or you are disrespecting the very ideals and symbols you think you are protecting. In Countries less great that ours, such speech could bring imprisonment or death. Applaud this young man for having the courage to exercise his free speech rights knowing that to do so would bring criticism, but also knowing that in America it is his right, and he may feel it’s also his moral duty. Mr. Kaepernick does not offer a solution to police shootings of unarmed black men and children. But he does offer his opinion. And he does help promote the dialog that will offer solutions, because he states his opinion by sitting down with millions watching. America is great because of these fundamental rights, and because the People feel free to exercise these rights, which promotes the dialog that keeps us strong and free. The day we cannot do so is the day America loses its greatness. Stand up against those who would diminish our rights, and support Mr. Kaepenick’s right to speak his mind through action, even if you disagree with the message and the means. Good for you Mr. Kaepernick! September 2016 |
Bernie’s efforts at reconciliation on the first night of the Democratic Convention didn’t so much let down his supporters as miss an opportunity to inspire and energize them to keep on fighting for change. I think this is what Bernie should’ve said: I want to thank you all for a great campaign. You are changing the world. You are at this convention to vote for the next president, and I want you to proudly exercise that right. I humbly hope you will vote for me. But you know and I know that in the end, Hillary Clinton will be the Democratic nominee. And that’s alright. She differs from you and me on many important issues–first and foremost is that voters who support me don’t believe politicians should be funded by billionaires, because we believe it has a corrupting affect on our leaders. But we love this republic, we love this country, and we believe we need to continue this fight, so we can and do accept that this time around we didn’t convince enough of our brothers and sisters that we are right. We came close, but not close enough. We freely accept that the majority has spoken, and we commit to turning out in droves in November to vote for Hillary Clinton for president. Too much is at stake to stay home. But that does not not mean we are selling out or mean that we are done. We have just begun. In four years we’ll do it again, and if need be we’ll do it again and again until we persuade the majority that the status quo is not good enough. In fact, it’s bad and anti-democratic. But for now, let’s congratulate and embrace those Hillary delegates here tonight, because they are our friends and allies, and they represent the majority that we have to convince. The alternative is too ugly to contemplate. Having said that, I also want to congratulate Donald Trump’s supporters for rejecting the Republican status quo, but I respectfully suggest that they are going the wrong way if they want increased opportunity and a higher standard of living. I want to say to each of them that if you make less than $250,00 a year you belong with us not with Trump. I say to those Trump supporters, we will protect you and elevate you. Trump and his wealthy friends will crush you. Join us. Take a look at the Republican platform and you will see it’s about protecting the wealthy on the backs of the rest of us. Then run. Run to us. It’s not over, and it’s not time to rest. Let’s spend the next four years focused on our local politicians who take money from billionaires–the senators, the governors, and the legislators. Within reason, let’s vocally support and turn out to vote for those candidates who reject billionaires’ money. Let’s identify those candidates, and then aggressively fund their campaigns with small donations, and get them elected so they can fight for us on campaign finance reform and on the other issues we have advocated. We are more powerful than the billionaires, but only when we unite in the fight. They are afraid of the People, and they should be. When the People turn out to vote, we are unbeatable. We will take back America from the billionaires, and put governance back in the hands of representatives who put the People first. Just watch us! Jack Sheridan July 2016
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Today, eating lunch in a Japanese restaurant here in Seattle, my table was next to two older Caucasian men who were exercising their First Amendment rights loud enough for me to hear. They seemed well-informed and likely democrats. One said that Bernie Sanders could be president if he can overcome the “S” word, meaning socialist. He said that Sanders needs to come up with a clever approach and go head-on after his critics like Carl Rove did against John Kerry’s war record. As I thought about those comments, I realized that those two fellows are well behind the curve, but no less so than the media and both political parties. They don’t realize that calling Sanders a socialist or Trump a fascist means nothing to the segment of the People (perhaps the majority) that thinks either Sanders or Trump is the answer. Those two fellows, the media, and the political parties don’t realize that the People have left them behind and moved on, and that they are only relevant to themselves. I would say it happened about two years into President Obama’s first term. Obama was trying to do the things he campaigned on, and the republicans were having none of it. About that time, the Supreme Court decided Citizens United and gave unlimited power to the powerful. The People realized that government wasn’t working, and that the problem was the candidates, chosen by the parties (not the People), and those they appointed after getting elected. Then in Obama’s second term, he appointed Wall Street to his cabinet. It looked like the one-percent was in charge and would remain in charge forever. Do you remember that scene in “Jurasic Park” in which the Jeff Goldblum character, commenting on the scientists’ efforts to keep the dinosaurs from multiplying by genetically engineering them to be all girls says, “life will find a way”? In the movie, life did find a way and ate most of the cast in the sequel. I think we are seeing democracy finding a way. The People know that Hillary Clinton and the republican field take money from Wall Street, corporate America, and the rich—Bernie and Donald do not. That’s all the People need to know. The People also know that the mainstream media is owned by the very same powerful forces that give money to the candidates. The People know that the powerful give money to candidates to buy influence, and that it doesn’t matter how loudly a candidate protests his or her independence, the money givers keep on giving, so they must think their “donations” are having an affect. The 2016 presidential campaign shows that there has been a paradigm shift. The People are taking back our country. The People will pick our leaders from candidates who are not beholden to the money givers. Calling Bernie or Donald socialist or fascist is fruitless. We know that by any name they are not beholden to the money givers. That doesn’t mean they are perfect, but perfect or not, it is from that candidate pool the People will choose a president. Then the People will come looking for the congress, and then state and local governments. In the near future, taking money from the money givers will be a career ending decision. The People will take back our country. Just watch. That’s democracy finding a way, and the People, united, will never be defeated. Jack Sheridan 2/10/16 Elizabeth Warren Says Enough is Enough to Obama Wall Street Cabinet Appointments
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Stop Anxiety Embrace The Fact That You Are Going To Die Follow Your Moral Compass Accept That Life Is The Ticket That Lets You Ride The Train That Is This Earth, And Accept That You Have No Control Over Where That Train Is Going January 2016
*Private companies publish outlines of law school courses, which track individual law school class curriculums like Constitutional Law, Contracts, Family Law, Wills, Torts, etc. |
A famous American songwriter wrote that, “Love’s the finest thing around.”* And he was right. Thank you. |
We can’t count on the Supreme Court to Protect the People, so it’s time for a Constitutional amendment that says corporations are not “persons.” The reason we need it is because the Supreme Court, not the Constitution, has said that corporations are persons and have First Amendment rights. Following that line of reasoning, the Supreme Court now says that corporations can make unlimited donations to political campaigns. This was never intended by the framers of the Constitution. It is judge-made law that has haunted our democracy since the 1800s. Let’s end it. Here is my proposed amendment. Paragraph 2 is taken from Justice Stevens’ book.
Jack *Excerpt From: Stevens, John. “Six Amendments.” Little, Brown and Company, 2014-04-22. iBooks |
WELCOME What is said about Love?*
WHAT IS LOVE?
We can see love
We don’t know what love is…
This Day
Marriage is Serious Business
Saying “Forever” is a mistake
It’s easy to lose your way
What’s the Key to Success?
What Is A Special Day?
The End of Every Day
Challenges
It All Adds Up
Let’s get you married
The Rings
The Final Statement
By Jack Sheridan (aka “Dad”) *following four quotes borrowed from www.offbeatbride.com
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Chronic Traumatic Encephalopathy (CTE) is a progressive degenerative disease of the brain found in athletes (and others) with a history of repetitive brain trauma, including symptomatic concussions as well as asymptomatic subconcussive hits to the head. See www.bu.edu. I’m done with football. CTE, traumatic brain injuries, suicides, spouse and child abuse, the list goes on. I won’t watch any more football because if we watch, the NFL makes money, and the athletes will continue to play and continue to die long sad deaths because the game is deadly. Many of those athletes will lead violent lives that spill over into their family lives, sometimes with suicidal or criminal consequences. The NFL has no plan to prevent head injuries, so concussions continue. We know that the helmets protect against skull fractures, but not against concussions. To stop these deadly injuries, football would have to change dramatically, but the fear is no one would watch. The players are making so much money that they will never stop playing even in the face of strong evidence that football is inherently dangerous and often deadly. So we as a nation have to stop watching, and find another sport to watch. Parents: don’t let your children play football. We can’t protect them. What is it that we love about football? We have to come to grips with the fact that we love the violence–the big hits are repeated over and over in the news. The bigger the hit the better. We want to see them, but don’t want to hear that they are deadly. The Romans also had to come to grips with the violence of gladiatorial contests, which finally came to an end, and maybe we could learn from that. Here is a list of football deaths and injuries. It only scratches the surface, but the list will keep growing until we stop watching football. 7/1/15 Football players carry 3 times risk of CTE symptoms Evergreen High School Football head injury death |