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Posts Tagged ‘everything’

Why You MUST do Legal Research …

23 May

 

You cannot win without controlling judges! 

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

The judge is not the legal authority!

Don’t let any judge scare you into believing otherwise!Control Judges with Jurisdictionary!

The law is the law, not the judge!

You must make it crystal clear on the court’s record that the judge will be reversed on appeal if he rules against you … because your legal research found appellate court opinions that control his jurisdictionand his decisions!

Read the testimonials ⇒

If you don’t do what the official Jurisdictionary course teaches, the judge will be free to ignore everything you say and rule any way he pleases in spite of what the law and facts prove to the contrary …because he knows he cannot 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 citing “legal authority” that controls him, or run the risk of losing your case and being stuck with the 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!

How you choose to read and interpret the law doesn’t count a bit … not even a tiny bit!

The only thing that counts is how the appellate courts read and interpret the law, and what they say the law means 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 to do it in our official course.

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

Know how to control the judge – or you will lose!

These “Tips & Tactics” newsletters are only the very tip of the iceberg of lawsuit knowledge you need to win. If you don’t already have my 24-hour step-by-step self-help course, go to my website and order now!

Learn how to research and cite … so you can WIN!

www.Jurisdictionary.com

Dr. Frederick David Graves, JD

 

 
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Posted in pro-se guidance, self help course, U.S. Courts

 

THE LAW OF THE CASE

23 May

Lawsuit Self-Help ... Step-by-Step

Understand this … AND WINNING WILL BE EASY! 

Every case is won or lost on only two (2) things!

  • The Admissible Evidence
  • The Law of the Case

You don’t need to know “every law” that was ever written – you just need to know “the law of the case”.

Consider the fellow piling things in the balance shown here. Imagine he is “building his case”. He doesn’t have a great number of things on his side. He just has a wee bit more than the other side, and that’s all it takes to win!

  • Admissible Evidence
  • Law of the Case

I talked about this Friday evening on my Republic Broadcasting Network show (Friday 9 p.m. Eastern Time). A caller wanted to know how a pro se litigant (someone without a paid lawyer on his side) could possibly win against someone with a law school graduate working for him.

My answer is simple!

You don’t need to know everything lawyers know!

You only need to know (1) the law of your case and (2) how to force the court to admit your evidence and enter the orders you seek.

Sound simple? That’s because IT IS SIMPLE!

My Nephew Bryan came to visit this weekend. He’s on his way to law school in August. He asked, “How can a pro se litigant ever hope to win against a law school graduate?”

I gave him the same answer.

Pro se people only need to know (1) the relatively simple “law of the case” and (2) how to force the court to admit their evidence and enter judgment based on the “law of the case” and the admissible evidence!

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.

If only we could convince everyone of this simple truth we would stop corruption in high places by the Power of the People commanding our judges and lawyers to obey the law!

Yet, what I tell you today IS ABSOLUTELY TRUE!

To win, you don’t really need to know much at all!

Here’s an example dear to the hearts of many of you. A bank brings a foreclosure action. What is the law of the case? There are really only a few laws that control the outcome? And, you certainly don’t need to go to law school to learn all the law there is to know about notes and mortgages.

  1. Does plaintiff own and hold the promissory note?
  2. Are payments on the note current?
  3. Are other conditions of the note satisfied?
  4. Is the note secured by a valid mortgage?
  5. Does plaintiff own and hold the mortgage?
  6. Are all signatures on the documents genuine?
  7. Has plaintiff satisfied all conditions precedent?

That’s about it. There may be a few issues of law that vary from one case to another, but these are common to all foreclosures – and they can be determined in about an hour or two of online legal research thanks to the internet!

Once you’re able to argue what the law of the case is, the rest is simply a matter of convincing the court that:

  1. The law of the case is what you say it is, and
  2. You have more admissible evidence of the facts that “fit” with the law of the case.

Now, it may be that the other side takes a different view of “the law of the case”. That’s ok. Happens all the time. That’s what makes lawsuits FUN.

You get to argue

  • The Law of the Case,

and present your

  • Admissible Evidence of the facts in support,

and the party that piles the most “pieces” on their side of the scale wins!

But, you don’t need to know all that I know to win! You don’t need to know probate law to win a foreclosure, nor do you need to know torts, taxes, or even contract law (beyond that part of it that applies to promissory notes and mortgages)!

Are you beginning to see why Jurisdictionary is so popular?

Winning IS easy!

When I went to law school back in the early 80’s, I had to learn the law about property, contract, torts, evidence, constitutions, crimes, taxes, probate, guardianship, family law, and much, much, much more.

If you have a lawyer, will your lawyer do everything that must be done to win? Will your lawyer fight for you, even when it means making the judge angry? Will your lawyer spend time for you, when you cannot afford to pay for every hour that’s needed to win? If you cannot pay your lawyer for all the hours needed to get evidence, prepare for hearings, research the law, draft effective motions, etcetera, who is going to get the job done? 

Will your lawyer even tell you what could have been done, what shouldhave been done … once you lose?

What if your lawyer gets up on the wrong side of bed?

What if your lawyer is afraid to stand up to the judge and threaten appeal by objecting to the judge’s rulings?

You’d be amazed how many are afraid of judges!

Where does this leave YOU?

Legal malpractice and courtroom corruption are on the rise these days, yet most people have no idea how to fight back and protect themselves. Most people have no idea what it takes to win in court …or how easy it is once you learn how!

When a judge lets a lawyer on the other side get away with smoke-and-mirrors games, YOU LOSE!

When a judge won’t let you make objections to preserve your record for appeal, YOU LOSE!

When your own lawyer (if you have one) bails at the last minute when crunch time comes or wimps out when it’s necessary to hold the judge accountable to the rules, if YOU don’t know what to do, YOU LOSE!

Most disturbing of all, if you lose for these reasons YOU CANNOT APPEAL YOUR LOSS!

The only way to protect yourself is to learn!

Know what it takes to win in court!

Get the official Jurisdictionary self-help course!

Go to: www.Jurisdictionary.com

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Jurisdictionary shows you how to stop the games!

Jurisdictionary empowers you to enforce your rights!

Jurisdictionary gives you the tools and weapons you need to force judges and lawyers to follow the rules!

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People have been using Jurisdictionary since 1997 to win in court. They learn the rules of court and how to apply them wisely and effectively … and you can, too!

 

 

 
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Posted in pro-se guidance, self help course, U.S. Courts

 

How can I expect my life to change after divorce?

11 Mar

People know to prepare themselves emotionally when going through the divorce process, but they often fail to prepare for adjusting to life afterward. Too often, they assume that life on the other side will be easier and they vastly underestimate the new challenges they will inevitably face. To help make things less stressful for you later on, take some time to think about and understand some of the common misconceptions surrounding divorce.

What are some common misconceptions surrounding divorce?

One of the biggest misconceptions concerns money. Both women and men tend to believe that their finances will not change significantly after a divorce. They don’t take the time to sit down together and figure out how the income that previously supported one household will be able to support two in the future. Instead, each party expects to sustain their current lifestyle while the other makes concessions. Typically, women believe they will receive more maintenance than the court is likely to award, while men believe that they shouldn’t have to pay alimony and that everything should be divided equally, even if their spouse hasn’t worked for many years. In most cases, both parties will end up living off of a lower income post-divorce.

You may be able avoid frustration and disappointment down the road by setting up a budget during the divorce, either together or on your own. At the very least, a budget will help you to anticipate upcoming lifestyle adjustments. In fact, you may want to start cutting expenses now if you can, or think about ways to eventually increase your income.

Other common misconceptions about divorce involve children. Parenting after a divorce can be complicated, but it helps to be flexible and open-minded. Many women are used to being the primary caregiver and find it difficult to let go of the high level of control they once had over their children’s lives and schedules. Depending on your custody arrangement, your children may spend time between two homes, which means increased time away from you. This can be painful at first, but remember that your children have two parents and that it is essential to their well-being and development that they spend time with both of them.

Men struggle with their own parenting challenges after divorce and are frequently surprised by how difficult it is to raise a child on their own. They are also often caught off guard by the amount of child support they are required to pay.

It is important to note that the amount of child support one pays is related to the amount of time each parent spends with a child. The parent who has the child most of the time will receive child support from the other parent. If the child spends significant time with both parents, then the paying parent may get a credit against the support payment to account for this extra time. Also, if primary parenting of multiple children is split between the parents, then child support is based on this “split-custody” arrangement. In these situations, we use a formula to calculate which parent will pay support and in what amount. This formula was developed by Division I of the Washington Court of Appeals in the case of In re Marriage of Arvey, 77 Wn.App. 817, 894 P.2d 1346 (Wash.App. Div. 1 1995).

It is also important to remember that the issues of child support and parenting are treated separately by the court. This means that one parent cannot withhold visitation from the other parent because he or she has failed to pay child support. Instead, the parent who is not receiving his or her court-ordered support must bring legal action to enforce the order to pay.  But in the meantime, the nonpaying parent is still entitled to enforce the parenting plan. This is because to do otherwise  would be unfair to the child, who has a right to spend time with both parents.

How can I clear up any misconceptions I may have about life after divorce?

You can learn about the realities of divorce by reading through the Pro Se University blog archives or you can sign up for the next free 30-minute Attorney Appointment. We are here to help.

 
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Posted in divorce, if child support is not paid, life changes from divorce, misconceptions of divorce

 

Should I ask my friend for advice about my divorce?

04 Mar

Should I change my hair? What car should I buy? What movie should I go see this weekend? What gym should I join? What should I do about this issue I’m having at work?

We seek advice from our friends and family to learn how to approach a new situation. Our goal is to go from knowing “nothing” to knowing “something.” And who better to prepare us for this than a group of people we already know and trust?

I know I have a group of friends I lean on for advice. But there are some situations when one needs to evaluate if our friends are the appropriate and qualified source of information about important life issues that vary from person to person, based on their own experience.

Take divorce for example. 

Why should I be careful when seeking a friend’s advice about divorce?

Author Susan Pease Gadoua wrote a great article on this subject titled, Beware When Seeking A Friend’s Advice About Divorce, for the Huffington Post. She says that you shouldn’t learn about divorce from someone like a friend, family member, neighbor, or co-worker, and this group of people alone. They should not be your only source for learning about everything that can happen as you move through the often-confusing legal process.

Gadoua cites three main reasons to support her claim:

  1. You are learning about divorce through someone who may not fully understand what happened or why.
  2. Your friend/acquaintance may not tell you about special circumstances in his case that may have influenced a particular outcome.
  3. Everything about you and your case is different from anyone else’s case or circumstances.

Everyone reaches out to his or her network to seek advice and learn from the experiences of their peers. That’s okay. But your peers’ lives and situations are completely different from what you are going through right now.

For example, if you are reading this, you are considering or have already decided to represent yourself and are looking for ways to “do-it-yourself” and learn how to do it right. You know that you need help and are looking to team up with someone to get the help you need, when you need it.

How can I learn more about divorce, if not from my friends?

I’m not saying that you shouldn’t ask your friends for advice about what they went through with their divorce, but keep in mind that what they are telling you is different from your situation and there are details they may be omitting from the story that you’re unaware of.

So what can you do to learn more about the divorce and legal process? I recommend that you learn as much as you can, and books by accredited lawyers are a great resource. Here are a few to get you started:

Once you have educated yourself as much as you can, build the list of questions that those books have not answered and schedule an appointment with a professional who knows the intricacies of the law specific to the court system where you live.

We are here to help – you can sign up for the next free 30-minute Attorney Appointment, register for a Pro Se University Workshop, or look into other services that match what you’re looking for.

Just because you don’t know what you don’t know, doesn’t mean you have to go it alone.

 
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Posted in divorce, resources

 

Confessions of a Lawyer

08 Oct

A lot of people think that law school teaches everything there is to know about being a lawyer. In truth, almost everything practical I learned about being a lawyer, I learned in practice after I graduated. Don’t get me wrong, I don’t knock my law school experience. Law school taught me critical thinking skills that I use on a daily basis. But most of what I learned about the nuts and bolts of practicing law I didn’t get sitting in a class room. Also thought me to have a estate lawyer near me, because there is always some problems with properties.

Law school can’t possibly teach all you need to know. There are so many unique issues in legal practice, so many variations from one jurisdiction to the next, so many local rules, so many differences in the way different court rooms operate. So when a new issue comes my way that I don’t know how to deal with, what do I do? How do I get started?

I research. I read. I ask around. As a lawyer getting started (and even to this day), I spent time in the library (both law library and public library) and online. I always find myself asking fellow lawyers what to do about situations. This is not a bad thing. Any lawyer who doesn’t do these things is committing malpractice.

I find that one of the best ways to familiarize myself with an area of the law is to use quality legal self-help materials. These are practical guides that teach about legal issues. These guides won’t teach you everything. You also have to review relevant statutes, case law, and local rules that apply to your case, but it is certainly a great place to start.

Nolo is a great resource for legal self-help materials that I have used on numerous occasions. Link to them below to see if they have materials for your legal issue.



 
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Posted in About Lawyers, Legal Research Resources

 
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