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Old 07-12-2009, 10:48 AM   #1
Seashore
Avalon Senior Member
 
Join Date: Nov 2008
Posts: 3,564
Default A Legal Militia

I listened to the free archive of Dr. Bill Deagle's Nutrimedical Report for July 10, 2009 and got the idea of a "legal militia" for dealing with the tyranny we face. This topic was discussed in the first hour.

Dr. Deagle stated that we citizens have the power to go to court ourselves and this is what we need to do regarding the issues of forced:
  • Vaccination
  • Fluoridation
  • Service (GIVE Act)

Also, he mentioned that we need to act on the right of recall of Senators and Congresspeople in the districts where this is permitted. He mentioned the Western states.

Dr. Deagle has posted text on his website outlining the terminology we would have to learn. Here are the notes I took on what he presents for us:
  • We need to file a petition for injunction.
  • An injunction is an order of a court of competent jurisdiction (state or federal) commanding an individual, business entity, or government agency to do or stop doing something.
  • An injunction invokes what is called the equitable powers of the court.
  • The party bringing such an action is called a petitioner (not plaintiff).
  • The party against whom the action is brought is called the respondent (not defendant).
  • Injunctions are commenced by filing a petition with the court of competent jurisdiction, and effective service of a summons and a copy of the petition on the respondent(s) by an authorized process server.

    Here are the elements that must be alleged in the petition:
    1. Existence of an imminent likelihood of irreparable harm if the injunction is not issued.
    2. Unavailability of any adequate remedy at law (i.e. an award of money damages after the harm has occurred will not restore the petitioner's threatened loss).
    3. The threatened harm to the petitioner outweighs any substantial harm to the respondent.
    4. Granting the injunction will not contravene a substantial public interest.
    5. Petitioner has a substantial likelihood of success based on the allegations, i.e., the facts alleged are likely to be proven and are not merely speculative.

The elements alleged in the petition must be proven by the greater weight of admissible evidence through the use of discovery, and there would have to be the payment of required court fees.

Each word has a particular technical meaning that will be used by the court to read the petition.

We only need to allege those ultimate facts that, if proven, establish all the five elements. Fail to allege sufficient facts to establish all five, and your petition will be dismissed for failure to state a claim on which the court can grant relief (in some courts called a cause of action). Allege too many facts, and you weaken your case by muddying the waters beyond what is necessary.

Do not allege innuendo, assumptions, wild accusations, etc. Stick to those facts that, if proven, will suffice to establish all five elements.

_______________________________________________


The two guests he had on were Dr. Fred Graves, J.D., of Jurisdictionary.com and Dr. Mayer Eisenstein, M.D., J.D. of Homefirst.com.
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