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Posts Tagged ‘appellate court’

Using On-Line Legal Research

10 Aug

Find the Law that Controls the Judge!

You cannot win without controlling judges.

You cannot control judges unless you research and cite controlling “legal authority” for every point you seek to make on the court’s record!

The judge is not the authority!

You must make it crystal clear on the court’s record that the judge will be reversed on appeal if he rules against you.

Otherwise, a judge is free to ignore everything you say and rule any way he pleases in spite of what the law and facts may prove to the contrary … because he knows he will not be reversed on appeal.

The appeal process will not give you another bite at the proverbial apple. Either you make your points with the trial judge by researching and properly citing controlling“legal authority”, or you run the risk of losing your case and being stuck with the judge’s unjust decision forever!

Don’t believe me?

Go tell a judge what your personal opinions are about the law and how you think he should rule in your case, and see how far it gets you!

The only opinions that count in court are the written opinions of appellate court justices who stand in judgment of trial level judges and have power to reverse them if they disagree with appellate decisions in any way!

Your opinions (no matter how clever or persuasive) count for nothing in court.

You must clearly show the judge on the record by citing official legal authorities from appellate decisions, exactly what will happen if the judges rules against you!

Controlling judges is what wins lawsuits!

You control judges by making clear on the record what higher level appellate courts have ruled in the past, what opinions those higher courts have passed down, and why the higher courts will reverse the trial judge’s orders if he rules contrary to what the appellate courts require.

You must tell the judge why you should win – by citing official legal authorities the judge is required to obey:

  • court rules,
  • constitutional provisions,
  • statutes,
  • codes, and
  • most importantly the opinions of higher courts that clarify what those rules, constitutional provisions, statutes, and codes really mean!

What you think these things mean doesn’t count! Trust me!

How you choose to read and interpret those things doesn’t count.Learn from Jurisdictionary step-by-step

The only thing that counts is how the controlling appellate courts read and interpret them, and what they say those things mean in regard to the facts of your case.

The other side will cite legal authorities for their case.

You must do the same … if you want to win.

If you’ve wandered through a law library in search of legal authority, you were probably amazed to find crowded shelves stuffed with volumes of similar-looking books differing only by the mysterious numbers printed on their spines. Books that give no hint which one might hide the key to unlock the judge’s favor in your case.

In a well-stocked law library there are thousands of books.

You cannot possibly read them all to find what you seek, and even the indexes, appendices, and annotations are a complex nightmare that requires years of experience to master.

On the other hand, on-line legal research is easy.

We show you how in our course.

Learn how to use on-line legal research and how to cite case-winning legal authority with the affordable, official, step-by-step 24-hour Jurisdictionary self-help course!

So easy an 8th grader can do it!

 

Using On-Line Legal Research …

17 Mar

( From “How to Win in Court” Course )
Click or Call 866-LAW-EASY Toll Free!

Find the Law that Controls the Judge!

You cannot win without controlling judges.

You cannot control judges unless you research and cite controlling “legal authority” for every point you seek to make on the court’s record!

The judge is not the authority!

You must make it crystal clear on the court’s record that the judge will be reversed on appeal if he rules against you.

Otherwise, a judge is free to ignore everything you say and rule any way he pleases in spite of what the law and facts may prove to the contrary … because he knows he will not be reversed on appeal.

The appeal process will not give you another bite at the proverbial apple. Either you make your points with the trial judge by researching and properly citing controlling “legal authority”, or you run the risk of losing your case and being stuck with the judge’s unjust decision forever!

Don’t believe me?

Go tell a judge what your personal opinions are about the law and how you think he should rule in your case, and see how far it gets you!

The only opinions that count in court are the written opinions of appellate court justices who stand in judgment of trial level judges and have power to reverse them if they disagree with appellate decisions in any way!

Your opinions (no matter how clever or persuasive) count for nothing in court.

You must clearly show the judge on the record by citing official legal authorities from appellate decisions, exactly what will happen if the judges rules against you!

Controlling judges is what wins lawsuits!

You control judges by making clear on the record what higher level appellate courts have ruled in the past, what opinions those higher courts have passed down, and why the higher courts will reverse the trial judge’s orders if he rules contrary to what the appellate courts require.

You must tell the judge why you should win – by citing official legal authorities the judge is required to obey:

  • court rules,
  • constitutional provisions,
  • statutes,
  • codes, and
  • most importantly the opinions of higher courts that clarify what those rules, constitutional provisions, statutes, and codes really mean!

What you think these things mean doesn’t count! Trust me!

How you choose to read and interpret those things doesn’t count. Learn from Jurisdictionary step-by-step

The only thing that counts is how the controlling appellate courts read and interpret them, and what they say those things mean in regard to the facts of your case.

The other side will cite legal authorities for their case.

You must do the same … if you want to win.

If you’ve wandered through a law library in search of legal authority, you were probably amazed to find crowded shelves stuffed with volumes of similar-looking books differing only by the mysterious numbers printed on their spines. Books that give no hint which one might hide the key to unlock the judge’s favor in your case.

In a well-stocked law library there are thousands of books.

You cannot possibly read them all to find what you seek, and even the indexes, appendices, and annotations are a complex nightmare that requires years of experience to master.

On the other hand, on-line legal research is easy.

We show you how in our course.

Learn how to use on-line legal research and how to cite case-winning legal authority with the affordable, official, step-by-step 24-hour Jurisdictionary self-help course!

So easy an 8th grader can do it!

 

How to Cite Controlling Law

09 Aug

Jones v. Smith, 287 So.2d 145 (Fla. 4th DCA, 1998)

Do you want to win in court?Shelf of Law Books

You must learn citation rules!

What are all those numbers?

What do they mean?

Does it seem complicated?

It’s really simple.

Simple, that is, once you see how we explain it for you.

I’l tell you a few things today in this Tips & Tactics and leave the rest for you to learn with my affordable, official, 24-hour  JurisdictionaryHow to Win in Court” step-by-step self-help course.

The first part is easy, of course.

The names of the parties are separated with a “v.” This means “versus” (as you already know), just as it will be Yankees v. Boston Red Sox in the 2011 World Series.

Right?

There may be other parties (more than just “Jones” and “Smith” in the fight) but a citation is still good if it names the prominent parties.

Now, what about “287 So. 2d 543″?

This is also simple (just like everything I explain in my affordable,official, 24-hour Jurisdictionary “How to Win in Court” step-by-step self-help course you should order today, if you haven’t already).

The first number is the page where the “Jones v. Smith” written appellate court opinion appears. Tough? Not at all. It’s just a page number. Nothing more. See? It’s easy!

And, “So.2d”?

That’s just an abbreviation for a particular set of books known as “reporters” (i.e., books that “report” opinions of appellate court justices that control trial judges and their lower level decisions). In this example it stands for the “Second Edition” of the Southern Reporter. These contain written opinions of appellate courts in Alabama, Florida, Louisiana, and Mississippi. A complete set of the Southern Reporter, Second Edition will cost you around $14,566 but you don’t need to buy all those books once you know what I teach in my affordable, official, 24-hour Jurisdictionary “How to Win in Court” step-by-step self-help course.

And that’s just the Second Edition. If your case were in one of these states (before the internet) you’d have to have access to the First and Third Editions. And, in addition (no pun intended) you’d need nearly $50,000 worth of National Reporters to have complete access to all federal cases, including U.S. Supreme Court cases, to be “in the know”.

Ahhh. How sweet the internet, because today we have access to all of this for pennies … and it’s all searchable using Boolean operators(also explained in my course).

Alright, what about “(Fla. 4th DCA, 1998)”?

That’s even easier! The case is clearly in the appellate courts of Florida. It is from the Fourth District Court of Appeal (operating from West Palm Beach). The case was decided in 1998.

See? I do know how to make this stuff easy! Right?

Who said law is too hard for pro se people to learn?

If someone said that to you, it’s probably because they just didn’t know that my course exists and is affordable!

YOU WILL LOSE … if you don’t learn how to cite “legal authority” as explained clearly in my official step-by-step, 24-hour Jurisdictionary“How to Win in Court” course!

The only opinions that count in court are the recorded opinions of appellate justices who stand in judgment over trial level judges and have power to reverse them if they disagree with the appellate courts’ decisions in any way!

Your opinions of law count for nothing in court.

You must know how to (1) find appellate court opinions that control your judge and (2) know how to properly cite those cases in the papers you file and the statements you make in open court.

Show the judge the law so he knows the appellate court will reverse his decision if he rules against YOU!

This is how smart pro se people win!

 

How to Control the Courts Using On-Line Legal Research

27 Jul

How to Find Appellate Cases that Control Judges!

You cannot win without controlling judges.

You cannot control judges unless you research and cite controlling “legal authority” for every point you seek to make on the court’s record!

Read on to see what you will learn with the official and affordable step-by-step, 24-hour JurisdictionaryHow to Win in Court” self-help course.

The judge is not the authority!Control Judges with Jurisdictionary!

If you want to win in court, you must make it crystal clear on the court’s official record that the judge will be reversed on appeal if he rules against you!

Nothing else matters!

If the judge thinks he can rule against you and get away with it, guess what!

If the judge knows you haven’t made your record for appeal before the case is concluded at the trial level, he is free to ignore everything you did and rule any way he pleases in spite of what the law and facts may prove to the contrary because he knows he cannot be reversed on appeal because you didn’t make your record!

The appeal process will not give you another bite at the proverbial apple.

Either you make your points with the trial judge by citing “legal authority” that controls him, or you run the risk of losing your case and being stuck with the decision forever!

Don’t believe me?

Tell a judge what your personal opinions are about the law and how you think he should rule in your case, and see how far it gets you!

YOU WILL LOSE … if you don’t learn how to cite “legal authority” as explained clearly in the official step-by-step, 24-hour Jurisdictionary“How to Win in Court” course!

The only opinions that count in court are the written opinions of appellate court justices who stand in judgment over trial level judges and have power to reverse them if they disagree with the appellate decisions in any way!

Your opinions count for nothing in court.

You must control the judge by citing official authorities from controlling appellate decisions, so the judge knows he will be reversed if he rules against you!

This is how smart lawyers win!

Stupid lawyers are afraid of judges.

Stupid lawyers are afraid to threaten appeal.

Stupid lawyers lose … routinely!

Controlling judges is what wins lawsuits!

 

 

Make a Winning Court Record

01 Jul

Making Faces in Court !

Not everything that takes place in court can be “written down” by a court reporter.

But!

Anything that doesn’t get in the court record is lost forever!

If the judge knows you can’t appeal, because he sees you didn’t make a complete record (as taught in my official 24-hour, step-by-step Jurisdictionary “How to Win in Court” course) the judge knows he can rule any way he wishes!

That often means YOU LOSE!

Usually, it’s good enough to get the court reporter to take down every word that’s said – by your opponent, by witnesses, by yourself and your lawyer (if you can afford one) and by the judge especially!

But!

Some things that happen in court aren’t “words”.

The court reporter can only make a record of what gets said, i.e., “words”. She cannot record what happens, if it isn’t something that gets “SAID”, i.e., in “words”.

So!

What do you do?

Well, if you’ve studied my official 24-hour, step-by-step affordable self-help Jurisdictionary “How to Win in Court” course, you already know what to do.

You stand to your feet and say:

“Let the record reflect that my opponent’s lawyer is sticking his tongue out at my witness!”

The court reporter will write that down.

It will become part of the record!

It will be available to the appellate court, if the judge is foolish enough to rule against you, and the appellate justices will know the trial judge was allowing it! Not good for the trial judge. Very good for YOU!

So!

What if the problem is the judge up on his bench?

“Let the record reflect that the judge is reading a newspaper, instead of paying attention!”

Don’t think it happens?

Think again!

In my 25 years of lawyering, I’ve seen judges nod off or play games on their laptop and, yes, read a newspaper!

You need your court record to reveal non-verbal nonsense … if it threatens your right to win!

Of course when you do this, all H— will break loose.

But, but don’t let that discourage you.

Just say:

“Let the record reflect that I have a right to make my record, and my right to be here today and make my record was paid for by the precious ives of some very wonderful heroes who gave the last measure of devotion for people just like me!”

That will put an end to the corruption for awhile!

Because … the court reporter will write it all down!

The trial judge will not want the appellate court to see what happened in his courtroom that day!

By the way, this also applies at depositions, at hearings and, of course, at trial – if you don’t yet know how to win before trial using the clever tactics my course teaches!

Hope you’ve enjoyed today’s tip and that you will (if you haven’t already) order my official 24-hour, step-by-step Jurisdictionary “How to Win in Court” course and learn the rest of what you need to know to win in court!

The course makes a great gift for friends, family, and business associates threatened by courtroom corruption. Do a good deed and order the course for others, too!

Protect yourself from lawyers and judges!

It’s easy, once you understand “due process”.

Due process IS your most valuable right.

Help Your Friends!
Forward this email and this link so they can get the
Lawsuit Flowchart
so your friends can see how easy it is to win.

Due process is your most valuable right, because without the ability to win in court, the rest of your “rights” are just political rhetoric, promises with no power.

The Constitution of the United States promises you the protection ofdue process, but it doesn’t tell you what due process is or how to get it!

Due process is a P-R-O-C-E-S-S … and you’ve been DENIED knowledge of what that process is and how to use it to protect your rights!

Lawyers have seen to that … and it’s high time YOU learned what due process is, how it works, and how to use it to protect yourself and your loved ones from any and all abuses of your fundamental God-given rights!

What good are Constitutional Guarantees if you cannot afford to pay some law firm $50,000 to work the process for you? The Constitution itself is just a piece of paper with no power whatever beyond the power of men in high places to sign papers that order other people to do “what’s right”. If you are relying on the Constitution to protect your rights, you are falling into the very trap that my profession wants you to fall into – relying on them who must be paid to protect your rights!

Fortunately, there’s another way!

For the first time in history, the mysteries of due process hidden from you and your children by lawyers all these years are now made easy-to-understand at last – thanks to the internet, multi-media technologies, and the official Jurisdictionary “How to Win in Court” 24-hour, step-by-step self-help course!

The secrets of “due process” are now revealed!

You don’t need a law degree to understand due process. Jurisdictionary simplifies the mysteries lawyers want to keep from you: pleadings, motions, depositions, subpoenas, evidence rules, courtroom objections, etc. The legal profession would have you believe you aren’t smart enough to learn what it takes to win in court, but all you have to do is read our testimonials to see how people just like you ARE WINNING!

Teaching people due process is my passion and the moral imperative of everyone who loves Liberty enough to work for Justice through our courts.

Even if you have thousands of dollars to pay lawyers to go to court for you, Jurisdictionary can help you save money by showing you in simplified teachings just what your lawyer could and should be doing to earn his or her pay.

If you can’t afford a lawyer (or don’t trust them) then this affordable 24-hour step-by-step course is just what you need to protect your other God-given rights from abuse.

Are your rights being abused?

Do you see the rights of others being abused?

Take it to the courts!

Exercise your most valuable right!

Help Your Friends!
Forward this email and this link so they can get the
Lawsuit Flowchart
so your friends can see how easy it is to win.

Learn the process of due process that the lawyers don’t want you to know … and stand up for your rights effectively!

Signs, emails, pitchforks, and letters to your Congressman don’t work! Nothing changes!

Knowing how to demand due process in court works!

And, nobody makes it easier than Jurisdictionary!

Tell your friends what their most valuable right is!

Wake people up to the fact that without the knowledge of due process (or many thousands of dollars to pay lawyers) your other fundamental “rights” are just empty promises.

The man or woman who knows the process of due process and how to demand justice from the courts is truly free!

Do what Jurisdictionary teaches, and you’ll be pleasantly surprised when judges rule in your favor!

Do what Jurisdictionary teaches, and you’ll appreciate what it’s like to have rights with teeth in them!

Do what Jurisdictionary teaches, and your life and the life of your family will be much, much happier!

I’ll teach you how to draft pleadings, make motions, set hearings, object in court, handle depositions, use subpoenas, fight back with counter-claims, and discover evidence that forces the court to issue orders that protect your rights!

You can finish my course in less than 24-hours.

Learning due process is easy with Jurisdictionary!

Force the court to protect your rights … all of them!

… Dr. Frederick D. Graves, JD

Read the testimonials ⇒

Accept no substitutes!

Get the official Jurisdictionary 24-hour course!

 

 

How to Make Offers of Proof

31 May
From the Jurisdictionary Evidence Tutorial … 

If you begin to offer evidence and, before you can get it before the court, the other side objects and the court sustains the objection,  you must move the court to allow you to make clear on the record what the evidence was.

This is called an offer of proof.

If you don’t get your evidence in and don’t offer the proof, you’ll have nothing to appeal if the court rules against you.

You won’t be able to win on appeal, because the record for the appellate court to review will not show what the evidence would have been!

Therefore, when your attempt to get evidence in is prevented by the court’s sustaining the other side’s objection, be sure to make an offer of proof stating what the evidence would have been and what you intended to prove by it.

Then, if an appeal must be taken to the higher court on the basis that you were not allowed to get the evidence in, you’ll have a record to show what the evidence was (or would have been) and be able to argue that “but for” the excluded evidence you would have won … or, at least, that you should be given another chance on remand to the trial court with instructions from the appellate court!

In jury trials, offers of proof should be made outside the hearing of the jury. In some cases an offer of proof may be made at the bench, but if you make your offer of proof at the bench, make certain the court reporter comes over to the bench along with his or her recording device to take down every word you, the judge, and other side say!

No record = no appeal possible.

No appeal possible = judge free to rule as he chooses!

Not good.


To learn more about offers of proof, evidence, motions, hearings, pleadings, witness testimony, and other essential know-how you must have to win in court (with or without a lawyer), discover the easy-to-learn methods I teach in my affordable step-by-step official Jurisdictionary self-help course).

I’ve been working 25 years as a case-winning lawyer.

Accept no substitutes!