A Civil Complaint is not evidence, and you do not have to answer!
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A Civil Complaint is not evidence, and you do not have to answer!
03-15-2013, 07:08 PM
Post: #1
A Civil Complaint is not evidence, and you do not have to answer!
Some case references from the 9th circuit federal court of appeals and the US Supreme court.

1. A complaint is not evidence.

U.S. v. BAILEY
696 F.3d 794 (2012)
United States Court of Appeals, Ninth Circuit.
Argued and Submitted April 12, 2012.

[ 696 F.3d 801 ]

“A second and more basic reason leads us to conclude the disputed evidence was improperly admitted. We risk stating the obvious here: a complaint is merely an accusation of conduct and not, of course, proof that the conduct alleged occurred. The prosecution did not introduce evidence that Bailey misused the SEC rules — rather, the prosecution offered only the complaint, which is far from evidence of anything. Admitting the complaint may have permitted the jurors to succumb to the simplistic reasoning that if the defendant was accused of the conduct, it probably or actually occurred. Such inferences are impermissible.

“The government argues that courts routinely admit evidence of mere accusations, i.e., prior arrests. We agree that courts permit evidence of prior arrests, but such evidence must still satisfy the four-part test for admissibility. In the cases we have found where evidence of a prior arrest is admitted, a person with knowledge of the crime testifies to the circumstances of the prior offense. See United States v. Basinger, 60 F.3d 1400, 1408 (9th Cir.1995) (arresting officer's testimony is sufficient to establish that the prior act occurred); United States v. Hinton, 31 F.3d 817, 823 (9th Cir.1994) (uncorroborated testimony by victim is sufficient evidence that the prior act occurred).”

It must be said, though, that a complaint would not establish knowledge even if the prosecution had purported to use it only for that reason. All a complaint establishes is knowledge of what a plaintiff claims. It does not establish the truth of either the facts asserted in the complaint, or of the law asserted in the complaint. Since the previous complaint was never proved, nor was the truth of any of it conceded, it could not have established knowledge of the law. A complaint may state that cars driving southbound are required to stop at the intersection of 1st and Main, and that the defendant did not stop. But such a complaint establishes neither that southbound vehicles have a duty to stop, nor that the defendant failed to stop. Likewise, the SEC complaint establishes neither knowledge of the law nor a past wrongful act.”

2. You do not have to answer a complaint.
The right against self-incrimination forbids the government from compelling any person to give testimonial evidence that would likely incriminate him during a subsequent criminal case. This right enables a defendant to refuse to testify at a criminal trial and "privileges him not to answer official questions put to him in any other proceeding, civil or criminal, formal or informal, where the answers might incriminate him in future criminal proceedings" (Lefkowitz v. Turley, 414 U.S. 70, 94 S. Ct. 316, 38 L. Ed. 2d 274 [1973]).
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03-15-2013, 07:54 PM
Post: #2
RE: A Civil Complaint is not evidence, and you do not have to answer!
[Image: thumb.gif]

Thanx for posting/sharing~

Is it voluntary? (because if it isn't, what inherently is it?)
And can it be voluntary, if there's indoctrination, intimidation, coercion, threats & initiation of violence?
[not to be confused with asking: can it be said to be "voluntary" even when such is present.?]
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03-17-2013, 09:47 PM
Post: #3
RE: A Civil Complaint is not evidence, and you do not have to answer!
This is cited from the same case. Thought this might be more helpful.

The Fifth Amendment provides that no person 'shall be compelled in any criminal case to be a witness against himself.' The Amendment not only protects the individual against being involuntarily called as a witness against himself in a criminal prosecution but also privileges him not to answer official questions put to him in any other proceeding, civil or criminal, formal or informal, where the answers might incriminate him in future criminal proceedings. McCarthy v. Arndstein, 266 U.S. 34, 40, 45 S.Ct. 16, 17, 69 L.Ed. 158 (1924), squarely held that
4

'(t)he privilege is not ordinarily dependent upon the nature of the proceeding in which the testimony is sought or is to be used. It applies alike to civil and criminal proceedings, wherever the answer might tend to subject to criminal responsibility him who gives it. The privilege protects a mere witness as fully as it does one who is also a party defendant.'
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03-18-2013, 12:50 AM
Post: #4
RE: A Civil Complaint is not evidence, and you do not have to answer!
In Ca. regarding parking citations.

The state claims (in the code)that all parking citations are prima facia evidence and can not be argued in the hearing process. Another words, the citation is evidence in the case.

According to this case. The code is in complete contradiction. I will use it in my next parking ticket. The only problem is that there is no right of appeal, if the judge rules against you. Hmmmmm.
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08-05-2013, 11:15 AM
Post: #5
RE: A Civil Complaint is not evidence, and you do not have to answer!
Does this transfer or apply to criminal complaints?
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08-05-2013, 12:35 PM
Post: #6
RE: A Civil Complaint is not evidence, and you do not have to answer!
(03-18-2013 12:50 AM)crazy in crazyland Wrote:  In Ca. regarding parking citations.

The state claims (in the code)that all parking citations are prima facia evidence and can not be argued in the hearing process. Another words, the citation is evidence in the case.

According to this case. The code is in complete contradiction. I will use it in my next parking ticket. The only problem is that there is no right of appeal, if the judge rules against you. Hmmmmm.

It would seem to me to violate your god given rights (please, lets not start, i'm just saying) and the Constitution that limits what the government can do. Supposed to be innocent until proven guilty. But that's in the perfect world, and not this reality.
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08-05-2013, 12:57 PM
Post: #7
RE: A Civil Complaint is not evidence, and you do not have to answer!
(08-05-2013 12:35 PM)lonewolf Wrote:  It would seem to me to violate your god given rights (please, lets not start, i'm just saying)...

Then why did you just say it? Tounge Big Grin


(08-05-2013 12:35 PM)lonewolf Wrote:  But that's in the perfect world, and not this reality.

Well, which version are you going to operate on?

There are no "shoulds," there is only that which is.

What you are saying above, it appears to me, is that in your perfect fantasy of reality things would be a certain way, but they're not, and for some reason that seems to justify you to be pissed about it. Is that really what you are thinking? Do you really think that such thinking is helpful to your successful negotiation of a world more to your liking?

"Just askin'?" Wink

- NonE

- NonE the severely deluded Sister Sleazious .).

"I just don't understand how this happens." Undecided
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08-05-2013, 10:56 PM
Post: #8
RE: A Civil Complaint is not evidence, and you do not have to answer!
(08-05-2013 12:57 PM)NonEntity Wrote:  What you are saying above, it appears to me, is that in your perfect fantasy of reality things would be a certain way, but they're not, and for some reason that seems to justify you to be pissed about it.

- NonE

And your "perfect fantasy of reality" is what, NonE? And what the hell are you pissed about? Don't bother answering - I really don't care. Rhetorical.

Deuteronomy 31:6 Be strong and of good courage, do not fear nor be afraid of them; for the LORD your God, He is the One who goes with you. He will not leave you nor forsake you.

http://whipslaw.freeforums.org/
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08-06-2013, 04:41 AM
Post: #9
RE: A Civil Complaint is not evidence, and you do not have to answer!
Thank You, J. Smile
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08-07-2013, 11:41 AM
Post: #10
RE: A Civil Complaint is not evidence, and you do not have to answer!
right, so anyway, I guess this doesn't apply to criminal matters?
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08-07-2013, 12:37 PM
Post: #11
RE: A Civil Complaint is not evidence, and you do not have to answer!
(08-05-2013 10:56 PM)Whip Wrote:  And your "perfect fantasy of reality" is what, NonE? And what the hell are you pissed about? Don't bother answering - I really don't care. Rhetorical.

So the fact that I question basing one's life around a fantasy leads you to believe that I base my life around a fantasy? What a mind, Whip. What a mind! Facepalm

- NonE

- NonE the severely deluded Sister Sleazious .).

"I just don't understand how this happens." Undecided
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08-12-2013, 12:04 PM
Post: #12
RE: A Civil Complaint is not evidence, and you do not have to answer!
(08-05-2013 12:57 PM)NonEntity Wrote:  
(08-05-2013 12:35 PM)lonewolf Wrote:  It would seem to me to violate your god given rights (please, lets not start, i'm just saying)...

Then why did you just say it? Tounge Big Grin

Because i can Yess!!!
(08-05-2013 12:35 PM)lonewolf Wrote:  But that's in the perfect world, and not this reality.

Well, which version are you going to operate on?

There are no "shoulds," there is only that which is.

What you are saying above, it appears to me, is that in your perfect fantasy of reality things would be a certain way, but they're not, and for some reason that seems to justify you to be pissed about it. Is that really what you are thinking? Do you really think that such thinking is helpful to your successful negotiation of a world more to your liking?

"Just askin'?" Wink

- NonE


Never was pissed about anything none, just like you was just saying. I just come here to learn as much as possible by all of you. I don't know of too many people i associate with that think outside the box. Sometimes, even for me, some of this gets way out yonder and i wonder where you all got your skypilot license thingees from.
But i do love to learn, been around, know that i don't know, still trying to know, (get me? let go now. make sense?)
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08-12-2013, 12:30 PM
Post: #13
RE: A Civil Complaint is not evidence, and you do not have to answer!
(08-12-2013 12:04 PM)lonewolf Wrote:  ... and i wonder where you all got your skypilot license thingees from.
But i do love to learn, been around, know that i don't know, still trying to know, (get me? let go now. make sense?)

What, you've never heard of Cracker Jacks? Stare

- NonE Big Grin

- NonE the severely deluded Sister Sleazious .).

"I just don't understand how this happens." Undecided
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12-04-2014, 06:29 PM
Post: #14
RE: A Civil Complaint is not evidence, and you do not have to answer!
What Every Civil Litigator Needs to Know About Criminal Law
http://www.lockelord.com/~/media/Files/N...20C__.pdf.

FIFTH AMENDMENT RIGHTAGAINST SELF INCRIMINATIONIN CIVIL CASES
http://www.sualaw.com/Appearances-Articl..._Cases.pdf

THE FIFTH AMENDMENT IN CIVIL LITIGATION
http://www.cclblawyers.com/News-Events/P...gation.pdf
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12-04-2014, 07:08 PM
Post: #15
RE: A Civil Complaint is not evidence, and you do not have to answer!
Farmer James, Just wanted to say thanks for the more detailed information on your success story thread. Didn't thank you after you posted it.
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