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Encyclopedia > Pro se

Pro se is a Latin adjective meaning "for self", that is applied to someone who represents himself (or herself) without a lawyer in a court proceeding, whether as a defendant or a plaintiff and whether the matter is civil or criminal. Latin is an ancient Indo-European language originally spoken in Latium, the region immediately surrounding Rome. ... An adjective is a part of speech which modifies a noun, usually describing it or making its meaning more specific. ... English barrister 16th century painting of a civil law notary, by Flemish painter Quentin Massys. ... A court is an official, public forum which a sovereign establishes by lawful authority to adjudicate disputes, and to dispense civil, labour, administrative and criminal justice under the law. ... A defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute. ... A plaintiff, also known as a claimant or complainant, is the party who initiates a lawsuit (also known as an action) before a court. ... In the common law, civil law refers to the area of law governing relations between private individuals. ... Criminal law (also known as penal law) is the body of statutory and common law that deals with crime and the legal punishment of criminal offenses. ...


Also sometimes known as "propria persona" or "pro per". In England and Wales the phrase "Litigant in Person" is used. This article does not cite its references or sources. ... PRO PER - IN PROPRIA PERSONA - Latin - In ones own proper person. ... A litigant in person is someone who is engaged in litigation without legal representation. ...

Contents

United States Criminal Law

In the United States, in any criminal prosecution by a State or the Federal Government the Sixth Amendment and Fourteenth Amendments of the Constitution guarantee the right of the accused to refuse the aid of an attorney, though even in those circumstances the court may require that an attorney be present as an advisor should the accused desire help. See Faretta v. California, 422 U.S. 806 (1975). Once a person elects to be tried pro se, however, he or she has effectivly waived the right to counsel at a later time. Id. Criminal law (also known as penal law) is the body of law that regulates governmental sanctions (such as imprisonment and/or fines) as retaliation for crimes against the social order. ... In music, see the intervals: Major sixth Minor sixth The submediant, and the chord built on the submediant, is often simply called the sixth as it is the sixth scale degree. ... The Fourteenth Amendment to the United States Constitution is one of the post-Civil War amendments and it includes the Due Process and Equal Protection Clauses. ...


United States Civil Law

In civil lawsuits, there is no right to appointed counsel, nor a fundamental right to proceed without counsel. Most courts allow people to appear in court and submit legal documents pro se, but some prohibit legal "persons" such as corporations from appearing without representation. A corporation (usually known in the United Kingdom and Ireland as a company) is a legal entity (distinct from a natural person) that often has similar rights in law to those of a Civil law systems may refer to corporations as moral persons; they may also go by the name...


On the other hand, small claims courts in many jurisdictions do not allow lawyers to represent clients in front of the judge absent special circumstances. Even in states like Texas where lawyers are permitted to litigate in small claims court, the court proceedings are typically less technical and much more conducive to pro se litigants. Small claims courts are courts of limited jurisdiction that hear civil cases between private litigants. ... Official language(s) See: Languages of Texas Capital Austin Largest city Houston Area  Ranked 2nd  - Total 268,581 sq mi (695,622 km²)  - Width 773 miles (1,244 km)  - Length 790 miles (1,270 km)  - % water 2. ...


Why people proceed Pro Se

Many individuals choose to act pro se because they themselves are lawyers or have other legal experience, or simply be confident in their ability to convey their claim or defense without professional aid. Some pro ses may simply not want to pay the fees and expenses associated with hiring counsel. Others may want a lawyer, but find themselves unintentionally unrepresented due to the inability to find or pay for a lawyer willing to take their case, and will continue the case pro se rather than give up. For information on the type of fish called Lawyer, see the article on Burbot. ...


In most serious criminal prosecutions in the United States, an indigent defendant has a right to a lawyer appointed by the court, so the decision to proceed pro se is rarely based on financial considerations. However, even indigent criminal defendants in jurisdictions that guarantee legal representation may still have to represent themselves in the later stages of appeal, as such representation is often only provided by the state during the initial trial. This is especially true in collateral proceedings such as habeas corpus or postconviction petitions that fall outside the normal appeals process. Category: ... A defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute. ... An appeal is the act or fact of challenging a judicially cognizable and binding judgment to a higher judicial authority. ... In common law countries, habeas corpus (/heɪbiəs kɔɹpəs/), Latin for you [should] have the body, is the name of a legal instrument or writ by means of which detainees can seek release from unlawful imprisonment. ...


Resources for the "Pro Se"

For those individuals who do elect to proceed on their own, there are many resources both in print and other formats, and many on the Internet, that offer ideas, definitions, instructions, and forms for many legal matters. The local law library will be helpful for studying case law and published cases and decisions. Paralegals and specialty non-lawyer firms, for a fee, may also assist with brief preparation. Pro se litigants may be able to obtain filing assistance from a pro se clerk at the courthouse, or in very limited circumstances, the judge underway in the case may give certain advice from the bench on how to navigate the law. Spending a few hours watching cases in progress is useful, but not on television. Mental preparation and self education is paramount. It is important to know that only a currently licensed lawyer can give outside legal advice or practice law, and this is strictly enforced. A legal assistant or paralegal is a person, qualified by education, training or work experience who is employed or retained by a lawyer, law office, corporation, governmental agency or other entity and who performs specifically delegated substantive legal work for which a lawyer is responsible (ABA House of Delegates,1997). ... A judge or justice is an official who presides over a court. ...


Famous Pro Se Litigants

Thomas Van Orden, a homeless man living in Austin Texas, managed to challenge a religious display on the capitol grounds, and successfully navigated his case all the way to the Supreme Court. While he was ultimately unsuccessful at getting the display removed, he was extremely successful at litigating the case. However, he was a lawyer with a suspended licence. See Van Orden v. Perry. Thomas Van Orden Thomas Van Orden is a U.S. lawyer, disbarred, who is challenging the constitutionality of displaying the Ten Commandments on public property. ... Holding [T]he monument did not contravene the [ Establishment Clause ], ... the State had a valid secular purpose in recognizing and commending the Eagles for their efforts to reduce juvenile delinquency, and that a reasonable observer, mindful of history, purpose, and context, would not conclude that this passive monument conveyed the...


See also

  • pro peredward c. lawson, pro per litigant of kolander vs lawson. KOLENDER v. LAWSON

U.S. Supreme Court case Overturned California I.D. Law: 461 U.S. 352 (1983) http://en.wikipedia.org/wiki/Edward_C._Lawson http://edwardlawson.com PRO PER - IN PROPRIA PERSONA - Latin - In ones own proper person. ...

Law
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Sources of law Statutory law (Legislation | Civil code | Statutory interpretation)
Non-statutory law (Custom | Case law | Equity)

Adjudication Public law (Criminal law | Constitutional law | Administrative law)
Private law (Civil law | Law of obligations | Contract | Tort | Wills and Trusts)
Courts (Adversarial system | Inquisitorial system | Evidence | Judiciary | Lawyers)

Jurisprudence Philosophy of law | Natural law | Legal positivism | Legal formalism | Legal realism | Legal interpretivism | Feminist legal theory | Law and economics | Critical legal studies | Comparative law
See also:List of areas of law


The stela of King Hammurabi depicts the god Shamash revealing a code of laws to the king. ... Image File history File links Scale_of_justice. ... This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ... Civil law is a codified system of law that sets out a comprehensive system of rules that are applied and interpreted by judges. ... In law, custom, or customary law consists of established patterns of behaviour that can be objectively verified within a particular social setting. ... In the religious sense, law can be thought of as the ordering principle of reality; knowledge as revealed by God defining and governing all human affairs. ... Socialist law is the official name of the legal system used in Communist states. ... This article or section is missing references or citation of sources. ... Statutory law is written law (as opposed to oral or customary law) set down by a legislature or other governing authority such as the executive branch of government in response to a perceived need to clarify the functioning of government, improve civil order, answer a public need, to codify existing... Bold textJAMES CHECKLEY Legislation (or statutory law) is law which has been promulgated (or enacted) by a legislature or other governing body. ... A civil code is a systematic compilation of laws designed to comprehensively deal with the core areas of private law. ... To meet Wikipedias quality standards, this article or section may require cleanup. ... Common Law, now often referred to as Non-statutory law is the foundation for justice in the Union States under our constitional scheme. ... In law, custom, or customary law consists of established patterns of behaviour that can be objectively verified within a particular social setting. ... Case law (precedential law) is the body of judge-made law and legal decisions that interprets prior case law, statutes and other legal authority -- including doctrinal writings by legal scholars such as the Corpus Juris Secundum, Halsburys Laws of England or the doctinal writings found in the Recueil Dalloz... The Court of Chancery, London, early 19th century This article is about concept of equity in Anglo-American jurisprudence. ... It has been suggested that this article or section be merged into Dispute resolution. ... This article or section does not cite its references or sources. ... Criminal law (also known as penal law) is the body of statutory and common law that deals with crime and the legal punishment of criminal offenses. ... Constitutional law is the study of foundational laws that govern the scope of powers and authority of various bodies in relation to the creation and execution of other laws by a government. ... Administrative law is the body of law that arises from the activities of administrative agencies of government. ... To meet Wikipedias quality standards, this article or section may require cleanup. ... In the common law, civil law refers to the area of law governing relations between private individuals. ... The Law of Obligations is one of the component elements of the civil law system of law and encompasses contractual obligations, quasi-contractual obligations such as unjust enrichment and extra-contractual obligations. ... A contract is a promise or an agreement made of a set of promises. ... This article or section does not cite its references or sources. ... In the common law, a will or testament is a document by which a person (the testator) regulates the rights of others over his property or family after death. ... The law of trusts and estates is generally considered the body of law which governs the management of personal affairs and the disposition of property of an individual in anticipation and the event of such persons incapacity or death, also known as the law of successions in civil law. ... A court is an official, public forum which a sovereign establishes by lawful authority to adjudicate disputes, and to dispense civil, labour, administrative and criminal justice under the law. ... The adversarial system (or adversary system) of law is the system of law, generally adopted in common law countries, that relies on the skill of the different advocates representing their partys positions and not on some neutral party, usually the judge, trying to ascertain the truth of the case. ... An inquisitorial system is a legal system where the court or a part of the court is actively involved in determining the facts of the case, as opposed to an adversarial system where the role of the court is solely that of an impartial referee between parties. ... The law of evidence governs the use of testimony (e. ... In law, the judiciary or judicature is the system of courts which administer justice in the name of the sovereign or state, and provide a mechanism for the resolution of disputes. ... English barrister 16th century painting of a civil law notary, by Flemish painter Quentin Massys. ... Jurisprudence is the theory and philosophy of law. ... Philosophy of law is a branch of philosophy and jurisprudence which studies basic questions about law and legal systems, such as what is the law?, what are the criteria for legal validity?, what is the relationship between law and morality?, and many other similar questions. ... Natural law (Latin jus naturale) is law that exists independently of the positive law of a given political order, society or nation-state. ... Legal positivism is a school of thought in jurisprudence and the philosophy of law. ... Legal formalism is a Positivist view in jurisprudence and the philosophy of law. ... Legal realism is a family of theories about the nature of law developed in the first half of the 20th century in the United States (American Legal Realism) and Scandinavia (Scandinavian Legal Realism). ... Interpretivism is a school of thought in contemporary jurisprudence and the philosophy of law. ... The study of feminist legal theory is a school thought based on the common view that laws treatment of women in relation to men has not been equal nor fair. ... Law and economics is the term usually applied to an approach to legal theory that incorporates methods and ideas borrowed from the discipline of economics. ... Critical legal studies refers to a movement in legal thought that applied methods similar to those of critical theory (the Frankfurt School) to law. ... To meet Wikipedias quality standards, this article or section may require cleanup. ... The following is a list of major areas of legal practice and important legal subject-matters. ...


  Results from FactBites:
 
Pro se - Wikipedia, the free encyclopedia (625 words)
Pro se is a Latin adjective meaning "for self", that is applied to someone who represents himself (or herself) without a lawyer in a court proceeding, whether as a defendant or a plaintiff and whether the matter is civil or criminal.
Many individuals choose to act pro se because they themselves are lawyers or have other legal experience, or simply be confident in their ability to convey their claim or defense without professional aid.
Pro se litigants may be able to obtain filing assistance from a pro se clerk at the courthouse, or in very limited circumstances, the judge underway in the case may give certain advice from the bench on how to navigate the law.
  More results at FactBites »


 
 

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