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Posts Tagged ‘party’

Force Your Opponents to Pay Up!

17 Mar

Win with Jurisdictionary!

Even experienced lawyers fail to force their opponents to meet the Burden of Proof.

It’s like making your enemies “pay up”, to prove what they say!

You never have to prove you don’t owe!

Nor are you required to prove your dog didn’t bite your neighbor, or your driving didn’t cause the accident.

Everyone demanding any right in court has a burden to prove they’re entitled to have the court enforce the right!

If they can’t meet their burden, they lose and, if you’re the defendant, you win!

Of course, if you’re a plaintiff, it’s your job to meet the burden of proof to show you deserve the court’s favor.

Knowing how the burden works (there’s quite a bit more to it than I can explain in this short newsletter) gives you power to win instead of being just another victim!

The burden is always on the party making claims.

The burden is never on defenders – unless the burden shifts once the claimant meets his burden of proof.

In civil cases, the burden is met by presenting the greater weight of admissible evidence (sometimes called the “preponderance of evidence”) in support of the fact elements necessary to prevail on at least one “cause of action” (explained in the course and essential knowledge, if you want to win).

In criminal cases, the state’s burden is met only by presenting evidence that proves the fact elements of the crimes alleged beyond and to the exclusion of any reasonable doubt.

The burden of proof is always on the party asserting a claim, making a motion, demanding a right, etc.

Before a court can lawfully grant relief of any kind, the party seeking relief must carry his burden to prove he’s entitled to relief … whether the case is civil or criminal.

Some may say, “It’s just your word against his.”

That’s never true in court.

One side always has the burden.

Just like in a tennis match, the ball is always on one side of the net!

The burden of proof may shift back and forth during a complicated lawsuit, depending on who claims what and when, however the burden is always on the side seeking relief at any particular moment, the party making a claim, the litigant moving the court, the claimant alleging a fact, etc.

WARNING:

Lawyers will try to put you “on the defensive”.

Lawyers will try to trick you into struggling to prove a negative, e.g., that you didn’t do something or that something did not happen. Don’t get sucked in!

People who don’t have the official Jurisdictionary “How to Win in Court” course go out of their way to show they were out of town that day or confined to a wheelchair or otherwise struggle to dis-prove something that is entirely the burden of the other side to prove.

This is what crooked lawyers do.

BEWARE!

BE WISE!

If a defendant ignorantly tries to dis-prove what his opponent has the burden to prove, his opponent is spared the labor of proving his case! The waters are muddied. The real issues get lost. The judge gets sidetracked. And YOU come out on the short end of the stick every time!

Smart people who use the official Jurisdictionary “How to Win in Court” course know how to move the court to take judicial notice that “the burden is on the moving party to prove whatever he claims” and, if the other side cannot prove what he claims, Jurisdictionary students know how to move the court for summary judgment and put an end to their troubles then-and-there!

Put the ball in the court where it belongs!

Learn more about the burden of proof and “How to Win in Court” … without a lawyer!

www.Jurisdictionary.com

================================


“So easy an 8th grader can do it!”

Order now!

 
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Posted in Electronic Resource, Going to Court, Law School News & Views, Products & Services, U.S. Courts

 

SOPA Goes To A (Carefully Managed) Hearing

16 Nov

The Stop Online Piracy Act (SOPA) is headed to a hearing today before the full House Judiciary Committee. Well, we’ll call it a hearing because there is at least one party testifying that opposes the bill, and that is Katherine…

 
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Posted in Legislation in the News

 

Copyright Office Identifies Libraries, Mass Digitization as Priority In Copyright Policy

31 Oct

Maria A. Pallante, the Registrar of Copyrights, released a report last week identifying the legislative priorities for October 2011 through October 2013. These are, as the proverb goes, interesting times for copyright law, what with every interested party staking out…

 
No Comments

Posted in Books, Regulations in the News, Statutes & Regs

 

Force Your Opponents to Pay Up!

01 Aug

 

Win with Jurisdictionary! 

Even experienced lawyers fail to force their opponents to meet the Burden of Proof.

It’s like making your enemies “pay up”, to prove what they say!

You never have to prove you don’t owe!

Nor are you required to prove your dog didn’t bite your neighbor, or your driving didn’t cause the accident.

Everyone demanding any right in court has a burden to prove they’re entitled to have the court enforce the right!

If they can’t meet their burden, they lose and, if you’re the defendant, you win!

Of course, if you’re a plaintiff, it’s your job to meet the burden of proof to show you deserve the court’s favor.

Knowing how the burden works (there’s quite a bit more to it than I can explain in this short newsletter) gives you power to win instead of being just another victim!

The burden is always on the party making claims.

The burden is never on defenders – unless the burden shifts once the claimant meets his burden of proof.

In civil cases, the burden is met by presenting the greater weight of admissible evidence (sometimes called the “preponderance of evidence”) in support of the fact elements necessary to prevail on at least one “cause of action” (explained in the course and essential knowledge, if you want to win).

In criminal cases, the state’s burden is met only by presenting evidence that proves the fact elements of the crimes alleged beyond and to the exclusion of any reasonable doubt.

The burden of proof is always on the party asserting a claim, making a motion, demanding a right, etc.

Before a court can lawfully grant relief of any kind, the party seeking relief must carry his burden to prove he’s entitled to relief … whether the case is civil or criminal.

Some may say, “It’s just your word against his.”

That’s never true in court.

One side always has the burden.

Just like in a tennis match, the ball is always on one side of the net!

The burden of proof may shift back and forth during a complicated lawsuit, depending on who claims what and when, however the burden is always on the side seeking relief at any particular moment, the party making a claim, the litigant moving the court, the claimant alleging a fact, etc.

WARNING:

Lawyers will try to put you “on the defensive”.

Lawyers will try to trick you into struggling to prove a negative, e.g., that you didn’t do something or that something did not happen. Don’t get sucked in!

People who don’t have the official Jurisdictionary “How to Win in Court” course go out of their way to show they were out of town that day or confined to a wheelchair or otherwise struggle to dis-prove something that is entirely the burden of the other side to prove.

This is what crooked lawyers do.

BEWARE!

BE WISE!

If a defendant ignorantly tries to dis-prove what his opponent has the burden to prove, his opponent is spared the labor of proving his case! The waters are muddied. The real issues get lost. The judge gets sidetracked. And YOU come out on the short end of the stick every time!

Smart people who use the official Jurisdictionary “How to Win in Court” course know how to move the court to take judicial noticethat “the burden is on the moving party to prove whatever he claims” and, if the other side cannot prove what he claims, Jurisdictionary students know how to move the court for summary judgment and put an end to their troubles then-and-there!

Put the ball in the court where it belongs!

Learn more about the burden of proof and “How to Win in Court” …without a lawyer!

www.Jurisdictionary.com

Nobody makes it easier than Jurisdictionary! 

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!

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

Learning due process is easy with Jurisdictionary!

Force the court to protect your rights!

… Dr. Frederick D. Graves, JD

Accept no substitutes!

Get the official Jurisdictionary 24-hour course!

 

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

 

THE DONALD TRUMP AND SARAH PALIN PLATFORM!

26 Apr

Donald Trump for President with his running mate Sarah Palin, please go for it.  Or we wouldn’t even mind Palin for president and Trump underneath her, although one thinks that the Donald doesn’t like to be number two.

 But just as McCain showed his statesmanship last time by assuring the election of Obama, it will now be re-assured.  Obama will be re-elected, and the Republican party will once again be dumped.

And so it goes, with continued weird U.S. elections.  Long Live U.S. style democracy!

 

 
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Posted in COMMENTARY-Passing parade, Palin Trump 'U.S. Election'

 

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

 

How can I be an effective negotiator?

17 Feb

If you are not familiar or comfortable with negotiating, you may see it as an intimidating task that requires you to be aggressive or manipulative to get what you want. While it helps to be able to assert yourself, negotiations charged with negative energy will not be the most effective. Being prepared, maintaining a healthy mindset, listening and clearly communicating will be your keys to a successful outcome.

How to prepare for your meeting.

You’ll want to arrive at your meeting with a clear understanding of what you hope to get out of it. That means you’ll know not only what you hope to gain, but what you are willing to give up. Also, think about the needs and objections of the other party – “walk a mile in the other man’s shoes” – so that you can respond quickly and appropriately. Make sure you can provide alternative solutions to the objections. It’s a good idea to create a file with all of your prep work to reference during your meeting.

It is also a good strategy to show up with drafts of all of the necessary paperwork to finalize your case. You can bring them on a laptop or thumb drive, or in hard copy form. If you reach an agreement at the mediation, you can fill out your drafts with your agreement. This work will put you that much closer to finishing your case and will be accurate because both sides will have participated in completing the documents. If you are not sure what paperwork you will need, we can help. Sign up for a free attorney appointment.

Get in the right frame of mind.

Walk into your negotiation with a positive mindset. Try to leave your emotions about the other person at home and approach the situation as you would a business meeting. Give each issue a reasonable amount of time to discuss and when you reach that time limit without significant progress, move on to the next issue. Setting and sticking to an agenda will set the tone that you are both there to resolve your legal issues. Keep focused on the outcome you want; don’t dwell on the past.

Listen carefully and communicate clearly.

During the meeting, listen carefully to the other party and don’t interrupt. Really seek to understand that person’s motivations because this will help you craft the best response. If the other person stakes out a position that you find unreasonable, ask, “Why is he or she taking this position? What is driving him or her to want this outcome?” Often, if you ask these clarifying questions before moving forward in the conversation, you can come up with a solution that addresses the underlying reason for the requested outcome that both parties can accept. When you request something, try your best to clearly communicate why you want this outcome. This will help you and the other person to come to reasonable accommodation on the disputed issues.

It is normal to feel anxious about negotiating. Just remember that a successful negotiation is one that results in both parties walking away feeling that their points of view were heard and the outcome was based on mutual understanding. In most cases, this means reaching a compromise.

 
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Posted in family law mediation, mediation, negotiating strategy, opposing party

 

Orientation Program for Pro Se Parties Required in King County

10 Feb

Effective January 1, 2011, the King County Superior Court passed an emergency rule that requires all self-represented parties to attend an Orientation Program.

The goal of the orientation is to effectively explain the court process to pro se parties in person instead of just handing out forms with instructions.

Attendance is mandatory and the rule is as follows:

LFLR 20. ORIENTATION PROGRAM IN FAMILY LAW MATTERS
Adopted on an Emergency Basis; effective January 1, 2011

(a) Description and Applicability. To assist self-represented parties involved in family law matters and improve the efficiency of the court, King County Superior Court Family Court shall conduct an Orientation Program for parties in all cases filed under Chapter 26.09 RCW, including dissolutions of marriage, legal separations and major parenting plan modifications.

(b) Mandatory Attendance. In all cases referred to in Section (a) above, all self-represented parties shall successfully complete the Orientation Program within thirty (30) days of filing or service of the summons and petition. Successful completion shall be evidenced by a certificate of attendance filed with the court by Family Court Operations staff. Any party attending the Orientation Program prior to obtaining a King County Superior Court cause number shall be responsible for filing his or her certificate of attendance in the court file when the cause number is obtained.

You can read details about the rule here, on the King County Superior Court website. The orientation will require a small fee that the pro se party is responsible for.

What does this rule mean for me, a pro se party?

We all know that the legal process can be confusing – which is why Pro Se University offers a number of workshops and services to help you navigate the process. So it’s a good sign that the King County Court is starting this program. What the orientation will look like in implementation is still to be seen.

The details about this program and how Family Court Services will notify pro se parties that file after January 1, 2011 are yet to be determined. If you are one of these people, you can contact Family Court Services for more information.

Related: LFLR 20. ORIENTATION PROGRAM IN FAMILY LAW MATTERS (http://www.kingcounty.gov/courts/Clerk/Rules/EmergencyLocalRules.aspx )

 
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Posted in family court, Family Law Court Services, King County, King County Superior Court, pro se law

 

Funeral questions

14 Sep

I was not invited to my ex-wife’s funeral, not even after 33 years of what I esteem to be a good marriage. She did not want me there, and when I went anyway, my son Ben put me in the hospital with the help of the local Kent, Connecticut guards "obeying orders, mein herr."  Awaking, relieved to find that I was not dead too, things did work out for the better.  Now I’ve had time to reflect.  Was I right to go, or wrong? I believe the Irish have it right; friends, enemies, everyone’s welcome, and it’s party time!

I asked "Ask Amy".  She said I was nothing more than a hooligan [maybe I am, but a proud hooligan I hope].  I asked my neighbor, who should know more about these things.  He does, after all, run the local "Hollywood Forever" cemetery. He pointed out that they always obeyed the wishes of the departed, but this was his view:

Personally, I do not feel that anyone should be excluded from a funeral – especially those who most need to find peace with the deceased.  At Thai Buddhist funerals (never private), which we conduct often – a bowl of water is placed on the lap of the deceased.  All of the mourners are given a small cup of water from a golden bowl.  One by one, they pass by the deceased and pour the water into the bowl.  The water represents all that remains unfinished, unexpressed, unsaid between the mourner and the deceased.  To not allow proper mourning, to ignore rituals, to erase or deny death – well – it creates a haunted culture – the living unable to find peace because the dead have not been put to rest.

I like that.  After all, that choice is the last one you are ever likely to make, because, well, it is after all.

 
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Posted in A SPACE FOR REFLECTION, COMMENTARY