abuse of process

 

n. the use of legal process by illegal, malicious, or perverted means. Examples include serving (officially giving) a complaint to someone when it has not actually been filed, just to intimidate an enemy; filing a false declaration of service (filing a paper untruthfully stating a lie that someone has officially given a notice to another person, filing a lawsuit which has no basis at law, but is intended to get information, force payment through fear of legal entanglement or gain an unfair or illegal advantage. Some people think they are clever by abusing the process this way. A few unscrupulous lawyers do so intentionally and can be subject to discipline and punishment. Sometimes a lawyer will abuse the process accidentally; an honest one will promptly correct the error and apologize.

 

Tenn. Judge Rules That Parents Can Name Child ‘Messiah’

Originally posted on 106.7 WTLC:

FRANCE-MATERNITY-DELIVERY

A while back, a story hit the wire about a Tennessee judge ordering a woman to change her child’s name from ‘Messiah’.

The mother and father could not agree on a last name, thus they ended up in family court. Child Support Magistrate Lu Ann Ballew ordered that the child’s name be changed to ‘Martin DeShawn McCullogh’, which would include both parents’ last names but left out the child’s original name as given by the parents, ‘Messiah’.

“The word ‘Messiah’ is a title, and it’s a title that has only been earned by one person – and that one person is Jesus Christ,” Ballew said.

An attorney for the mother said they appealed Ballew’s decision for two reasons; the parents agreed on the first name and the initial ruling was unconstitutional. On Wednesday, Chancellor Telfor Fogerty Jr. overturned Ballew’s decision, ruling that the court did indeed act unconstitutionally.

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Procedures, memories, patterns

Originally posted on Mindfulbalance :

We all have well-established habits of thought, emotion, reaction and judgement, and without the keen awareness of practice, we’re just acting out these patterns.

When they arise, we’re not aware they’ve arisen.
We get lost in them, identify with them, act on them  —  so much of our life is just acting out patterns.

Joseph Goldstein

As I was washing my hands the other evening  before the meal I turned on the tap marked “C” and started to wash.  After a moment something registered, and I thought “this water is cold, it should be getting warm by now”. And then I realized that “C” in an anglophone country like Ireland refers to “cold” whereas “C” in a francophone bathroom would indicate hot water. I noticed that my behaviour had been automatic, done without conscious awareness,  based on procedural,  formed,  memories. I had turned the “C” tap without thinking and gradually my brain…

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The Secret to Mindfulness

Originally posted on Living Minimalist:

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“This is the real secret of life — to be completely engaged with what you are doing in the here and now.” ― Alan Wilson Watts

When I first took up the habit of meditation I found it challenging but rewarding, yet there was something missing.  When it came to my fifth of seven sessions my guide began to talk of patience and it’s relationship to both mindfulness and good meditative practice.  Patience is a quality which we all feel we have (we all don’t) but it’s not always something to have as such, instead we have to proactively show it to the world around us.  It isn’t something to simply show to other people either – be patient with life and it becomes so much easier to enjoy the journey too.  Patience is something which I struggle with as I’ve always been highly outcome focused. I’m not saying that…

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