Motions to reduce a felony charge to a misdemeanor are common, and can be used before and/or after a conviction to avoid a felony record. Continue reading
Archive for the ‘Going to Court’ Category
What Happens If You Get Into An Accident Without Insurance in California?
13
Oct
The real danger of not having auto liability insurance is not a fine. A lack of auto insurance can screw up your life pretty good, fast. Continue reading
Catch a Vehicle Code 12500a Violation? A Valid License Helps, But Not Required.
10
Oct
If you are dealing with a citation for driving without a valid license under vehicle code section 12500(a), getting it reduced to an infraction is a good result. Continue reading
A Traffic Ticket With Your Signature is a Promise to Appear in Court. Read It!
28
Sep
If you get a traffic ticket, dont wait for the court to send you something. The date you have to appear in court by is right next to your signature. Read it. Dont lose it. Continue reading
Tips for Making an Effective Argument in Traffic Court
27
Sep
If you want to make an effective argument in traffic court for a trial or hearing, you need to focus on what is important, and then ask the judge for what you want. Continue reading
Lawsuit Anatomy
27
Sep
Start to learn lawsuit anatomy by spelling: CAT.
Here are the 3 basic steps of every lawsuit.
- Complaint
- Answer
- Trial
Start here, and you’ll soon be operating like a pro in court, controlling judges and defeating crooked lawyers.
Of course, there’s much more to winning, but it’s all easy if you start with basic anatomy:CAT.
C = Complaint … Where every case begins. Plaintiff complains by filing a Complaint. He alleges (1) what duty the defendant breached, (2) how the defendant breached the duty, and (3) how the plaintiff suffered damages (or is threatened with damages) as a direct result.
A = Answer … Where defendant responds to plaintiff’s Complaint by filing an Answer and Affirmative Defenses. In his Answer he admits or denies (or claims he lacks enough knowledge to admit or deny) each separate allegation of the plaintiff’s Complaint. In his Affirmative Defenses he alleges facts that (if he can prove them) will relieve him of his obligation to plaintiff.
T = Trial … Where the judge (or jury) decides the final verdict by examiningadmissible evidence, using plain old common sense to decide which facts presented are true, weighing each side’s evidence to see which side has the greater weight of evidence, and then applying the law to determine who wins.
Plaintiffs file Complaints.
Defendants file Answers (and essential “Affirmative Defenses”, as you will learn in my course.
Judges and juries examine the facts and law at trial to decide who wins.
During the process Motions and Discovery Tools are used by both sides to convince the court who should win.
This is where the fight is – not at trial.
Every winnable case can be won before trial, if you use my case-winning tactics … all explained in my affordable, official, 24-hour Jurisdictionary “How to Win in Court” self-help course.
For example, there are 3 Motions the defendant can use to avoid filing an answer:
- Motion to Dismiss
- Motion to Strike
- Motion for More Definite Statement
All explained in the course.
At any time after the Complaint is filed, either side may use 5 discovery tools to get facts that may lead to admissible evidence:
- Admissions
- Production
- Interrogatories
- Depositions
- Subpoenas and other court orders
Also explained fully in my affordable self-help course.
That’s the Anatomy of Every Lawsuit!
It really IS this simple!
To learn more, order my affordable, official, 24-hour, step-by-step Jurisdictionary “How to Win in Court” self-help course.
Now YOU can use the same case-winning tactics I’ve used to win cases in state and federal courts since 1986.
Every lawsuit has this same, simple anatomy.
Same motions.
Same discovery tools.
If you have a lawyer, know what your lawyer should be doing to earn his fee and winyour case.
If you don’t have a lawyer, know what you must do to make the judge do his job andprevent the other side from cheating.
My affordable, official, 24-hour, step-by-step Jurisdictionary “How to Win in Court” self-help course will show you how to write powerful pleadings, draft and argue motions, object in court, get admissible evidence into the record, prevent the other side from getting lies into the record, do legal research, compose your legal arguments, and much, much more.
Affordable 24-hour Step-by-Step Self-Help Course Includes:
5-hour video CD simplifies the process of litigation
2 audio CDs present practical tactics and procedures
15 in-depth tutorials on a 4th CD lay out the basics
Free EasyGuide to the Rules of Court
Instant On-Line Access while CDs are in the Mail
Still Only $249 … plus $7.50 Priority Mail Shipping & Handling
Save legal fees! Control judges!
Defeat crooked lawyers!
Ask anyone who has our course … “Jurisdictionary Works!”
Call Toll Free for details: 866-Law-Easy
How To Argue With Judges
24
Sep
Arguing with judges is like arguing with baseball umpires.
You better know the rules AND HOW TO USE THEM!
Here are a few rules from the Official MLB Rulebook:
- A player is not permitted to step or go into a dugout to make a catch.
- A player is permitted to reach into a dugout to make a catch.
- If a player makes a catch outside the dugout and his momentum carries him into the dugout, the catch is allowed as long as the player does not fall in the dugout.
Simple enough?
But!
What if the players and the coaches on one team don’t know the rules?
What happens then?
Will it do that team any good to argue with the umpire?
Probably not!
And all the %#$@&* will only get you thrown out of the park and possibly grounded for the season!
To argue successfully with a baseball umpire or a judge on his bench in the courtroom, you must know the Rules of Court … and how how to use them to your advantage!
It’s the bottom of the ninth. Two down. Batter at the plate. The count is three and two. The batter pops a high foul. You push back your catcher’s mask and dash toward the dugout to make the catch. The ball hits your glove and you trip on the rim of the dugout and fall in. Scrambling to your feet, you climb back out of the dugout, ball in your upraised hand, triumphant grin on your face.
Teammates cheer.
Fans roar fanatic approval from the stands.
But, the scornful look on the umpire’s face and his raspy voice erase your victorious joy.
“Foul Ball!”
“But, I caught the ball, ump!”
The player strides purposely toward the umpire, waving a fist, yelling obscenities, and spitting (of course).
Fast behind is the coach, marching menacingly toward the umpire, cap shoved back, fists in the air, also shouting nasties and accusing the umpire of needing a new pair of glasses.
The umpire stands firmly behind the plate, hands planted on his hips, and waits for the verbal onslaught.
“I caught the foul ball. It’s an out!”
“It’s a foul ball. Period!” the umpire insists.
“You must be blind, Ump! It’s an out! Game’s over. We win! You saw me catch the ball? Jeeter couldn’t do any better!”
“Maybe not,” the umpire insists, “but Jeeter knows the ground rules! You fell in the dugout. Catch doesn’t count. Get back behind the plate where you belong!”
“But. But. But.”
If you studied my affordable 24-hour Jurisdictionary lawsuit self-help course, you know that all the “buts” in the world won’t do you a bit of good in court!
Claiming you’re pro se and should be allowed to play by different rules won’t help, either!
You either learn the rules – and how to use them to your advantage – OR YOU LOSE!
Sending emails to friends after you lose or posting hateful comments on the internet complaining “All our courts are corrupt” just marks you as a loser.
Learn the official rules and how to use them … or lose!
You can show up in court with all kinds of documents and things that you think are “admissible evidence”. You can know the law is on your side.
But!
If you don’t know the rules of evidence and rules of procedure – and how to use them to your advantage – you lose!
There will be times when you’ll need to argue with the judge about this or that, but do yourself a favor and discover what I learned practicing law in state and federal courts since 1986: unless you know the rules and how to argue the rules effectively, you have no more chance of changing a judge’s ruling than the catcher who snags a foul ball in mid-air while falling into the dugout!
The Rules RULE!
End of story!
Losers believe internet fables. Losers get their legal education at the barbershop or on websites or expensive weekend seminars run by people who never practiced law, never went to law school, and don’t know mud from sand about the rules of court or how to use them to advantage.
Too many good folks believe mythological silver-bullet easy solutions to their legal problems. As a predictable result, they are losing … when they could be winning!
A host of wannabe legal gurus infest the internet and barbershops with half-baked schemes that sound too good to be true … and, like the old adage says, “If it sounds to good to be true, it probably isn’t.”
You may have heard people claiming you can win by challenging a judge’s oath of office, insisting a UCC lien can be used to create collateral for borrowers, insisting banks don’t loan “real money”, or that you can deny your citizenship and claim to be a “sovereign human being” above the law.
It might work in small claims or traffic court … but it will not carry the day for you in any kind of serious lawsuit or criminal case.
Hope in one hand and spit in the other. See which hand gets wet.
It’s not expensive, and people who have my course tell us an 8th grader can learn it all in a single weekend.
If you don’t have a lawyer, you’ll know how to stop the opponent’s crooked tricks and get the judge on your side!
The key is knowing the rules and how to use them!
To learn more, go to: www.Jurisdictionary.com
How Does California DMV Treat a Failure to Appear? Here is the Law.
21
Sep
How Does DMV Treat a Failure to Appear on a traffic ticket? The law allows an FTA conviction to show on your record and can become the basis of a “Negligent Driver” suspension. Continue reading
How to Read the Law
21
Sep
Know What the Law Actually Says and Means!
One of the biggest case-losing mistakes is mis-reading the law.
- Constitutions
- Rules
- Statutes
- Codes
- Court Rulings
- Other Legal Documents
If you don’t know what a law actually says, you’ll have a devilishly hard time getting a judge to agree with you!
Understanding the “rules of language interpretation” is essential … not only to winning lawsuits but to obtain success in other pursuits of life as well.
Legal language must be interpreted according to the “rules of language interpretation”.
Understanding the rules of language interpretation are vital to winning your case. You DO want to win, don’t you?
Too many otherwise clever people “assume” they know what a law says, when theonly opinion that counts in court is what appellate justices say the law says.
Appellate justices apply the rules of language interpretation. You must also!
Learn the rules … if you want to win!
For example, one of the principles rules is the “Plain Meaning Rule”. This rule requires judges to give words their “plain meaning”, i.e., what an ordinary reasonable person would believe a word means in the context where it’s found.
You must never let a judge or opposing party or his lawyer to play games with words. Knowing these rules (more completely explained in my course) gives you the knowledge-power you need to put a stop to the word games!
If a reasonable person would read “bicycle” to mean a two-wheeled vehicle powered only by legs and feet, no judge or lawyer should be allowed to stretch the meaning to include mopeds or motorcycles. Judges and lawyers should be compelled to agree that a law says “plainly” what it says and that it means it.
Sometimes judges and lawyers twist words to reach an outcome they desire. YOU must know these rules so you can put a stop to it before it causes you to lose your case!
So? What if the meaning is plain but the context is confusing?
Other rules (explained in my course) give clear direction.
For example, according to the rule of “ejusdem generis” (simply Latin for “of the same type”), general terms at the end of specific lists include only things of the same type as those specifically mentioned in the list. If a provision lists “oranges, grapefruit, lemons, and other fruit“, the doctrine of ejusdem generis limits the phrase “other fruit” to mean other citrus fruit. Apples and pears are not included. One may assume the provision includes other citrus, e.g., kumquats, limes, tangelos, etc. However, strawberries and grapes are not included. The term ejusdem generismeans, in essence, of the same type.
You need to know this stuff … if you want to win!
To learn more, order my affordable, official 24-hour Jurisdictionary “How to Win in Court” self-help course and get your competitive edge … before it’s too late.
What is a Public Defender? Here is what you need to know.
20
Sep
Public Defenders can provide great help for those who really have no access to resources to hire a private defense attorney. But in DUI cases, and warrant cases where quick action is needed, Public Defenders have limitations. Continue reading
