How to Win in Court … without a lawyer!
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Archive for the ‘Electronic Resource’ Category
What You Must Do To Win!
Using On-Line Legal Research …
( 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. 
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!
Keys to Legal Research
( From “How to Win in Court” Course )
Click or Call 866-LAW-EASY Toll Free!
Ignorance of the Law is NO EXCUSE!
If “ignorance of the law is no excuse” then knowing how to find official law that will decide the outcome of your case is critical to winning!
Fortunately, the “law of your case” is much simpler than you might imagine and easy to find! Most cases are won or lost on very few “laws”, perhaps a single statute and 3-4 appellate court decisions interpreting how that statute applies to the facts.
If you had to go to court 30 years ago, before personal computers and the internet, you’d have to dig through the dismally dry and boring stacks of thousands of look-alike books in a law library (if you could find one nearby). Back then, winning a lawsuit required litigants to spend hour-upon-hour turning dusty pages, pulling down piles of books to spread on the library table next to their yellow pad in what was often a fruitless search for the legal support their arguments needed.
All that has changed, thanks to the internet and competition between legal research sites that is driving the price down to a reasonable level where pretty much anyone who needs to do on-line legal research can afford it.
But, will you know how?
My course materials on legal research include videos showing actual screen-shots of on-line searches so an average 8th grader with reasonable computer skills will be able to find constitutional provisions, statutes, code, and appellate court opinions to support pretty much any legal argument you can think of.
These days it’s sooo easy to do legal research on-line … an average 8th grader can do it!
Instead of digging through thousands of books differing only by the numbers printed on their impressively formidable spines, you can log-on any of the growing number of competent legal databases and, with the flick of a few keyboard fingers find thousands of cases that deal with the issues of your case in seconds!
Google® can get you started … for free!
But, don’t rely on Google® as the final authority. Google® will provide a good start in most cases, but before you go to court to argue how the appellate opinion you found is the final say-so, you need to dig deeper.
My affordable, official, 24-hour step-by-step Jurisdictionary “How to Win in Court” self-help course explains legal research with examples you can try out for yourself. Once you finish the course you’ll know how to find appellate decisions that favor your cause … and you’ll know how to cite them to the court in proper format. You’ll know how to tell the judge why you should win by citing authorities the judge is required by law to obey: court rules, cases, constitutional provisions, statutes and codes.
Clever argument is not enough.
You cannot win without finding and citing the legal authorities that control judges.
Those who don’t know how to find and cite legal authority cannot control judges nor win on appeal so they lose needlessly!
In the heat of your lawsuit battles, you can be certain the other side will cite legal authorities favoring his case.
It’s essential to winning!
You must do the same thing if you want to win.
How to Dodge a Lawsuit
( From “How to Win in Court” Course )
Click or Call 866-LAW-EASY Toll Free!
There are several ways to dodge a lawsuit.
Whether you’re a plaintiff or defendant, you must know what smart defendants do to dodge lawsuits.
The complete details are in my affordable, official, 24-hour step-by-step Jurisdictionary course that people tells us an average 8th can understand (if you can get an 8th grader to sit still that long!).
If a defendant is served with a complaint, he may dodge the lawsuit by filing motions to avoid filing an Answer!
This is called the “flurry of motions”.
Once a defendant files an Answer, he’s locked in and misses this chance to dodge the lawsuit altogether.
Don’t file an Answer if you can dodge the lawsuit with a “flurry of motions”.
Inexperienced lawyers and pro se people (who don’t yet have my Jurisdictionary course) make the avoidable mistake of filing an Answer to the plaintiff’s Complaint … instead of using the flurry of motions as my course explains step-by-step with sample forms!
- Motion to Dismiss
- Motion to Strike
- Motion for More Definite Statement
Each of these motions postpones the necessity of filing an Answer to the plaintiff’s Complaint … and gains you valuable time and evidence-gathering opportunities!
In some cases it puts an end to the case. Period!
Motion to Dismiss: There are several grounds for filing this motion. Here are a few. The rest are in my course.
- Lack of Subject Matter Jurisdiction
- Improper Service of Process
- Improper Venue
- Failure to State a Cause of Action
Each is fully explained in my course.
Motion to Strike: The following are a few of the many grounds for filing this motion:
- The Complaint Contains False Allegations
- The Complaint Contains Scandalous Allegations
- The Complaint Contains Impertinent Allegations
This is power YOU can use!.
Motion for More Definite Statement: This motion should be filed when a Complaint is so poorly-written that a reasonable person would have difficulty understanding what it says, i.e., what the plaintiff is complaining about.
Sample forms for all of these are in the complete official course.
If you are sued, do NOT file an Answer until you use ALL these motions that fit the circumstances!
Failure to use the Flurry of Motions weakens your case and, of course, misses a valuable opportunity to dodge the case altogether.
These tips should convince you to order my complete course … whether you’re a plaintiff or defendant.
If you don’t know your legal options, you don’t a chance of winning!
Winners know how the game is played to win — including how to file and respond to the Flurry of Motions.
I know what it takes to win. I’ve been doing professionally since 1986!
Force Your Opponents to Pay Up!
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!
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“So easy an 8th grader can do it!”
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When “The Law” Breaks the Law!
( From “How to Win in Court” Course )
Click or Call 866-LAW-EASY Toll Free!
How to Control those who Control YOU!
The Wild Wild West was won by a very small number of folks clever enough to bring the following essential with them to establish “Law & Order” in the unsettled plains and mountains west of the Mississippi:
England, did you say?
Yup!
In that single book (you can get a Kindle or Nook version for free) written before our Declaration of Independence, they found enough common-sense law to settle towns, bring railroads, jail bandits, and hang rustlers.
Contrary to what you’ve seen on TV and in the movies, it wasn’t faster guns and bigger fists that settled lawless cowtowns like Tombstone and Dodge City. It was the support of local townsfolk who wanted law and believed in the principles of Justice found in those two books: the Bible and Blackstone.
We each face the threat of similar lawlessness. Yes, today! Perhaps especially today!
It may be a bank using fraud to foreclose. It may be a corrupt business partner, ex-spouse, or next-door neighbor out-of-control. For many it’s the threat of government officials refusing to follow the law – tax collectors, police officers, and corrupt judges who break the law to allow fraud a free rein in their courts as lawyers rape the people who do not know what my affordable, official, 24-hour step-by-step Jurisdictionary “How to Win in Court” self-help course makes so easy to understand.
When “the law” is an outlaw, there’s only one remedy.
The Rules!
Did you know the Rules of Evidence that control all civil and criminal proceedings in our state and federal courts comprise less than 30 pages in the official rule books?
Did you know the Rules of Procedure that control all civil and criminal proceedings in our state and federal courts comprise not many more than 60 pages in the official rule books?
These are the rules YOU can use to control every judge, every lawyer, every bank, every giant corporation, or even your nexty door neighbor or business partner, and every state and federal agency trying to pull the wool over your eyes.
Why be needlessly robbed of your rights by not knowing this handful of rules or how to use them to stop the rich and powerful from running your world?
Your legal problems today can be solved the same way western settlers brought lawlessness to its knees in the prairies and remote Rocky Mountain regions more than a century ago, as did those who settled our Eastern cities and towns more than two centuries ago.
The Rules control lawlessness!
Once YOU know the rules and how to use them to control corrupt judges and crooked lawyers, Justice is Yours!
The Rules of Evidence and Rules of Procedure protect you and your children from lawless legal officials, crooked lawyers, corrupt judges, scheming bankers, incompetent doctors, rival siblings, and everyone else who does you harm or seeks to do so.
The Rules and how to use them are easy to learn with my popular, affordable, 24-hour Jurisdictionary step-by-step self-help course!
You have a remedy at law … once you know how to the rules.
If a fraudulent lender, bill collector, tax man, corrupt judge, crooked lawyer, or anyone else uses unlawful force to deprive you or your family of your rights, you have a powerful remedy!
THE RULES OF COURT!
The Rules of Evidence and Procedure RULE the courts!
This is true only for those who know how to use them!
The Rules of Court are the People’s power to control our government and command our leaders to protect us and address our grievances with court orders that can command even those in the highest offices, the richest of the rich, the biggest of the big.
The Rules are what the 4th of July is all about!
The Rules don’t just give us “rights”.
The Rules give “power to enforce our rights”!
That’s how the West was won!
Knowing how to use the Rules is how you win!
www.Jurisdictionary.com
Posted in Electronic Resource, Going to Court, Law School News & Views, Products & Services, U.S. Courts