( From “How to Win in Court” Course )
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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. 
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!
Say "Hi" to Velvet Chainsaw’s Dave Lutz
In a comment to Time to Take a Velvet Chainsaw to AALL’s Less Than Comprehensive But Official Review of Annual Meeting Programming, Vicki Szymczak wrote the following about hiring Velvet Chainsaw Consulting to assess AALL’s annual programming: This might work….
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