Thank You Carl for all that you do

  • This is a great call  recorded July 5,2012 with Rocko, and CM and Angela and KMA club DeanHaefer V Melo  
  • Res ipsa loquituris a legal Latin phrase which translates to “the thing speaks for itself.” The doctrine indicates that there is no need to provide any further detail — the facts of the case are sufficient to find liability. Generally, because the facts are so obvious, a party does not need to provide further explanation. The phrase is most often applied to civil tort claims in which liability is clearly established merely based on a review of the facts.In some jurisdictions, res ipsa loquituris merely a rule of evidence which creates a presumption that a defendant acted negligently simply because a particular accident occurred. The presumption arises only if (1) that which caused the accident was under the defendant’s control, (2) the accident could only occur as a result of a careless act and (3) plaintiff did not contribute to the accident.“Plaintiffs attempted to invoke the doctrine of res ipsa loquitur based on the fact that plaintiffs were injured by bricks which fell from a private bridge.”

The Supreme Court recently rescued 42 U.S.C. § 1983 1from an unworkable interpretation. In Hafer v. Melo, 2the Court held that state officials may not be sued in their official capacities, but that they may be sued personally for actions taken in their official capacities. 3Hafer clarified the relationship between § 1983 and the Eleventh Amendment, which “bars suits in federal court ‘by private parties seeking to impose a liability which must be paid from public funds.'” 4 Although some had thought that the Eleventh Amendment protects state officials from § 1983 liability, 5 the Court ruled that it does not.

In Scheuer v. Rhoads, 6 the Court held that the “Eleventh Amendment provides no shield for a state official confronted by a claim that he deprived another of a federal right under the color of state law.”7 In Scheuer, the Governor of Ohio was accused of willfully and wantonly causing the unnecessary deployment of National Guardsmen, which resulted in the death of several students at Kent State University. 8 Plaintiffs sought damages from the Governor personally, raising the issue of whether the Eleventh Amendment barred suits for damages against state officials under § 1983. 9 TheScheuer Court held that Congress’s purpose in enacting § 1983 was “‘to enforce provisions of the Fourteenth Amendment against those who carry a badge of authority of a State and represent it in some capacity, whether they act in accordance …

Write to your State Governors this week!

06/09/2012 06:00 PM EDT
Howard & CM Law Study EPISODE321 – KMA Club w Howard Griswold, by: SpecApp 

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Constitution & The Bill of Rights 3rd Session (of 3)
Constitution & The Bill of Rights 1st Session (of 3)
Constitution & The Bill of Rights 2nd Session (of 3)

Brotherhood of Trainmen v. Virginia ex rel. Virginia State Bar (377 U.S. 1); Gideon v. Wainwright 372 U.S. 335; Argersinger v. Hamlin, Sheriff 407 U.S. 425. Litigants may be assisted by unlicensed layman during judicial proceedings.

01 27 2011  Episode 092
01 29 2011  Episode 093
03 17 2011  Episode 100
05 26 2011  Episode 110
06 02 2011  Episode 111

CM’s Notice of Lien and Waiver of Tort doc
Xtra Xtra doc (These two docs go together)

CM on the United States Constitution pdf

Fraud Cites doc

Evans v Gore (tax case) doc

Ruff v doc

Berger v U.S. doc

Main v Thiboudot doc

Memphis Bank doc

Cohens v Virginia doc
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Uploaded by  on Mar 22, 2010

Carl Miller Lesson 3 Pt.1-13 Do Not Call anyone he says to on this tape. It’s old


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