Newnan Pratlaw's Posts On Hot Legal Topics

April 19, 2010

BANKING FRAUD

This is the beginning of a long struggle to determine whether Banks will get away with the fraud committed on their investors and the general public over the past few years, here is a recent article: LATEST ARTICLE

March 26, 2010

Georgia Supreme Court blocks Social Engineering

Wisdom & Moderation

Today the Supreme Court of Georgia stood up for the citizen and against social engineering:  Link Here.  Mr. Eric Johnson, who speared-headed the social engineering in the Georgia Legislature and his cronies who have shanghaied the Georgia Republican Party that passed the stupid law is a social engineer of the worst kind and resembles a true Republican about as much as Nancy Pelosi. The opinion was signed off on by the entire court ~ it was not a split decision. read it here and you see how clear was Mr. Johnson’s total disregard for the constitution and the rights of citizens.

As Thomas Jefferson said two centuries+ ago: “I consider trial by jury as the only anchor yet imagined by man, by which a government can be held to the principles of its constitution.”  Trial by Jury is a greater right than the right to vote.  Please read your constitution and then re-read it.

March 3, 2010

RIGHTS OF THE INDIVIDUAL CITIZEN || Bearing Arms without infringement

The Supreme Court’s review of Chicago’s law making it illegal to possess a handgun in the city limits, McDonald v. City of Chicago, is the “Hot” case in this term of the Supreme Court’s appellate review of lower decisions.  Many people don’t know that the 14th amendment guarantees that “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”  The 2nd amendment states that ” A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”    There is an argument afloat that the right of the people to keep and bear Arms without infringement is qualified by a State’s ability to regulate Militias and that a right of  “the people” is not a right to each person.  The NRA and others hope that the Supreme Court will not just overturn Chicago’s gun ban law but will in fact actually state that the 14th amendment secures the right to bear Arms without infringement to the individual.  In Mr. McDonald’s case , what I recall from listening to the brief interview of him by Nina Totenberg (PBS),  the right seems self evident:  as I recall hearing, he is an elderly man robbed by “utes” 3 times, the last time they just strong-armed him, ignoring his demands that they leave his home.  He thought Mr. Colt’s equalizer might make his words a little more heeded the  next time “utes” came to his home to “visit”.

advertisement:  Call Prater & Associates today if you have a legal issue of any kind @ 770-253-7778 or email us by going to our website and using the handy form found there || PRATLAW ||  call your local attorney now before evidence gets “lost” and witnesses memories fade.

February 26, 2010

TOYOTA LAWSUITS||Class Actions? Or Individual Consumer Suits?

THE BIG NATIONAL CLASS ACTION FIRMS HAVE FILED MULTIPLE CLASS ACTION SUITS AGAINST TOYOTA IN AN EFFORT TO BE THE FIRST TO BE CERTIFIED A CLASS ACTION.  Class action suits have their place in litigation but they often result in minimal return to the individual class member and huge attorneys fees to the lawyers.  The service they provide is that they keep corporations at least minimally honest.  Let’s face it:  if class actions did not exist or were substantially curtailed the United States business world would make the town business and politics in the HBO series “Deadwood” look like a church fellowship.  The problem with a vehicular class action is that each member has been substantially harmed in a significant financial way, the Toyota debacle is not something that a $10 coupon off your next purchase is going to fix.  It may be smarter for the individual to file suit … but then a million lawsuits will surely do the company in and it will file a chapter 11 bankruptcy in Northern Michigan and everyone will have to file for relief there or be subject to that Judge’s decision(s) to mandate that the suits proceed there.  WOW what a dilemma.  At any rate, the causes of action for an owner would include Breach of Warranty; Fraud in the Inducement to Buy; perhaps even RICO based on the floor mat excuse.  The first thing that needs to be done from this writer’s perspective is to get the guy or others out of jail that are there because nobody believed them when they said it was the car and not them that caused the wreck.

Call Prater & Associates today, serving the ATL:  770-253-7778 or email us by clicking to our WEBSITE with your legal issues before evidence goes missing and the memory of witnesses fades.

February 18, 2010

DO NOT MARK ON DOCUMENTARY EVIDENCE||Make a copy and mark that up…

…when it comes to documents.
Over the past 23 years I have come to appreciate the fact that Judges as a whole do not like being given documents with highlighted passages or handwritten notes beside the part of the document you think is important.  Doing that is really close to a demand that the Court become a participant in the blind men and the elephant philosophical exercise about the scope of perception:  ||FABLE||  … and they do not like the ||SOCRATIC METHOD|| to the extreme of banality, i.e., rain is rain you cannot assert you do not understand it until someone explains it to you and you “feel” it.  What all this means in plain English is:  (a)  The Judge controls his or her court room and no one else has any right to control it.  So make a copy of any document you feel the urge to write on, so your lawyer can present the ‘clean’ one to the Judge and draw the Judge’s attention to the passage you have highlighted in your ‘dirty’ copy by asking the Court’s permission to draw its attention to that passage; (b) A testifier’s inability to grasp easy questions and evasive answers soon turns a Judge off [and a Jury Too].  Do not engage in ||TABULA RASA|| Socratic Responses [inane question answers to straightforward questions], and; always remember: Neither Judge nor Jury need to be hit over the head with information they can clearly see or hear.  They really can be trusted to figure it out.

..when it comes to documents.
Over the past 23 years I have come to appreciate the fact that Judges as a whole do not like being given documents with highlighted passages or handwritten notes beside the part of the document you think is important.  Doing that is really close to a demand that the Court become a participant in the blind men and the elephant philosophical exercise about the scope of perception:  <a href=”http://en.wikisource.org/wiki/The_Blindmen_and_the_Elephant”>The Blind Men And The Elephant Fable</a> and they do not like the <a href=”http://en.wikipedia.org/wiki/Socratic_method”>Socratic Method</a> to the extreme of banality, i.e., rain is rain you cannot assert you do not understand it until someone explains it to you and you “feel” it.  What all this means in plain English is:  (a)  The Judge controls his or her court room and no one else has any right to control it.  So make a copy of any document you feel the urge to write on, so your lawyer can present the ‘clean’ one to the Judge and draw the Judge’s attention to the passage you have highlighted in your ‘dirty’ copy by asking the Court’s permission to draw its attention to that passage; (b) A testifier’s inability to grasp easy questions and evasive answers soon turns a Judge off [and a Jury Too].  Do not engage in <a href=”http://en.wikipedia.org/wiki/Tabula_rasa”>Tabula Rasa</a> Socratic Responses [inane question answers to straightforward questions], and; always remember: Neither Judge nor Jury need to be hit over the head with information they can clearly see or hear.  They really can be trusted to figure it out.

February 17, 2010

Newnan Pratlaw Essay: The Tradegy of the Olympic Luger and Liability Questions

The tragic death at the 2010 Olympic Games highlights and illustrates two of the primary legal issues involved when a person is hurt or killed on the property of another.  They are the legal doctrines of: (1) Superior Knowledge of a Dangerous Instrumentality versus equal knowledge of it, and; (2) Assumption of Risk.  The young Luger’s story is discussed in this recent article discussing the two issues surrounding whether anyone other than the deceased is responsible for his death.  ||ARTICLE||

Post Sponsored by ||PRATLAW|| call today for an appointment to discuss your legal matter before evidence goes missing or is forgotten.

February 15, 2010

FRAUD AND BANK FAILURE(S)

What Happened To That Trillion Dollars?

Fraud or Misrepresentation must be specifically plead to the requirements: (1) material representation that is not true; (2) reasonable reliance on that misrepresentation; (3) injury in the form of financial injury [damages] from the reasonable reliance.  Fraud can be shown by slight circumstances which taken as a whole show a scheme.  The Securities And Exchange Commission is using the Cause of Action against Madoff associates [LINK] and of course I post it here because the COA might possibly apply to a broad range of investment and business deals gone bad.

Contact Me Today To Discuss Your Case ~ “click” ||PRATLAW|| and call or email

January 29, 2010

IT IS A GAME CHANGER CASE SO HERE’S THE POST

The new campaign finance “open season” case is far from a Unified Decision.  Here are all the parts to piecemeal together into whatever was actually said!!

Citizens United: Official Court Syllabus

Citizens United: Opinion

Citizens United: Roberts Concurrence

Citizens United: Scalia Concurrence

Citizens United: Stevens Limited Concurrence/Dissent

Citizens United: Thomas Limited Concurrence/Dissent

January 27, 2010

INSURER AND AGENT ARE DISTINCT ENTITIES

Filed under: Newnan business,Newnan Law,Pondering the Truth in Newnan,Uncategorized — thebigpraetor @ 6:31 am

Sponsored by ||PRATLAW|| a law firm dedicated to the intense, prepared representation of the individual:

A Federal Judge in Pennsylvania has recently ruled that an Insurance Company and its Agents are distinct entities under the law and therefore may be averred to be conspirators in a Racketeering Claim [RICO] , rejecting the defense argument that they are one and the same and thus cannot be conspirators.  RICO claims carry by statute treble damages plus attorneys fees.

December 10, 2009

NEWNAN FAILED BANK INFORMATION RESOURCE

A new article in the Atlanta Journal Constitution sets forth one of the big reasons Georgia banks Failed this past year:  Here is the ARTICLE

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