Monday, May 16, 2011

The Law of the Case ...

  Note: As the blogger, I am not a lawyer. Please see this Disclaimer.

Tips and Topics from Jurisdictionary
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!
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)!
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.

YOU don't need to know all I know to win!

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 should have 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!
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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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May you find Strength in Your Higher Power,
 GranPa Chuck
    Defend Yourself>>