Importance of Appellate Court Decisions in Your Defense

In doing research to prepare your case, whether you seek a lawyer or not, here are three parts to consider. The first two are absolutely essential, and the last makes your defense even stronger. It is unfortunate, that so many don't realize that your first shot at the court system, is the most important. Do your homework, and get it right the first time:

1. State Statutes, particular to your concerns
2. Proof relating to your concerns
3. Appellate Decisions relating to your concerns

This Jurisdictionary Tips and Topics describes the importance of Appellate Decisions

One Tool given to many is the word processing Outline Format. As a suggestion, if you and/or a close supporter are proficient in word processing, the three major concerns, listed above could be your Major Heading... And in very unlegal terms, I call it "Getting Your Ducks in Line". (Download Outline Format) Also, watch for the Publication of "Standing in the Shadow of Law ".

And when do you start Your Research?? >>Immediately!!!<< Remember, the further you venture into the Court System, without proper defense, the harder it is to Defend Yourself.

~~~~~~Tips and Topics from Jurisdictionary~~~~~

How to Find Appellate Cases that Control Judges!
Click Here for other Tips & topics from Jurisdictionary

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!

Read on to see what you will learn with the official and affordable step-by-step, 24-hour Jurisdictionary "How to Win in Court" self-help course.

The judge is not the authority!
(Note from Blogger:Although, many bias, and corrupt judges may think the contrary. An issue I hope many are challenging? However, we must keep in mind, decisions are based on what is presented. And this may or may not be the Truth.)

If you want to win in court, you must make it crystal clear on the court's official record that the judge will be reversed on appeal if he rules against you!

Nothing else matters!

If the judge thinks he can rule against you and get away with it, guess what!

If the judge knows you haven't made your record for appeal before the case is concluded at the trial level, he is free to ignore everything you did and rule any way he pleases in spite of what the law and facts may prove to the contrary because he knows he cannot be reversed on appeal because you didn't make your record!

The appeal process will not give you another bite at the proverbial apple.

Either you make your points with the trial judge by citing "legal authority" that controls him, or you run the risk of losing your case and being stuck with the decision forever!

Don't believe me?

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!

YOU WILL LOSE ... if you don't learn how to cite "legal authority" as explained clearly in the official step-by-step, 24-hour Jurisdictionary "How to Win in Court" course!

The only opinions that count in court are the written opinions of appellate court justices who stand in judgment over trial level judges and have power to reverse them if they disagree with the appellate decisions in any way!

Your opinions count for nothing in court.(Note from Blogger: vs Proof)

You must control the judge by citing official authorities from controlling appellate decisions, so the judge knows he will be reversed if he rules against you!

This is how smart lawyers win!

• Stupid lawyers are afraid of judges.
• Stupid lawyers are afraid to threaten appeal.
• Stupid lawyers lose ... routinely!

Controlling judges is what wins lawsuits!

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 upon thousands of law 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 step-by-step 24-hour Jurisdictionary How to Win in Court self-help course!

Dr. Frederick David Graves, JD

Jurisdictionary

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

May you find Strength in Your Higher Power,

 GranPa Chuck

  "We the "Little" People"

    Defend Yourself>>

  My Family Reform Blog
  My Family Rights Affiliation 

Case Fixing Tactics: A Comprehinsive List

Below, is perhaps the most Comprehensive List of Concerns when we are faced in Our Legal System. As the author states: "Feel free to post this list on your Wall and spread it around far and wide. Please send me the comments you receive and thank you for your help in completing this list." I can only add, any statements should be supported with Proof.

Do Review this list and send comments to John, Thanks:

Case Fixing Tactics

by John Forfatherlessfive on Sunday, July 10, 2011 at 2:30pm
Original Link: https://www.facebook.com/notes/john-forfatherlessfive/case-fixing-tactics/10150251788894737?notif_t=note_reply

I am creating a comprehensive list of case fixing tactics being employed in family law cases and in the criminal justice system, to churn cases for extra profits and to increase federal funding for the states. Please comment with your own observations.

I know about, or have observed, and have a great amount of evidence to show, the following case fixing tactics against fathers, pro se litigants, indigents, and crime victims in Colorado and Minnesota:

Judges:

1. “Impute” income and jack up child support orders
2. Dole out restraining orders like candy
3. Allow perjury and other fraud upon the court
4. Suppress evidence
5. Ignore evidence of criminal misconduct
6. Allow and promote fraud upon the court
7. Commit fraud upon the court in orders
8. Deviate from the presumptions of equal custody, decision making, parenting time, etc., without a showing of parental unfitness
9. Deviate from the presumption of truth in affidavits without cause or reason
10. Reclassify pro se filings and then provide no reasons for denials or state something like, “To the extent that the father is requesting dismissal (or reconsideration, or…”)…
11. Deny access to the court system
12. (From Brad Howe): Refuse to enforce visitation orders, but will enforce custody orders

Court Administration:

1. Deny access to the judicial system
2. Refuse to file court documents
3. Throw away or misplace IFP applications and other court documents
4. Alter the ‘Register of Actions’ when decisions are appealed
5. Rename or renumber exhibits, or lump several exhibits under one number (so some or all can be withheld in the event of appeal)

Court Reporters:

1. Refuse to produce transcripts
2. Alter transcripts when decisions are appealed

Prosecutors:

1. Refuse to answer discovery requests
2. Withhold exculpatory evidence
3. Participate in the altering of exhibits
4. Openly commit fraud upon the court
5. Knowingly advance falsities and deceits

Public Defenders:

1. Refuse to do anything to defend
2. Refuse to do anything in writing
3. Refuse to file court documents or just present them in court so the clerks can throw them away
4. Make only verbal statements in court and only statements that will keep the case going
5. Participate in the altering of exhibits

Child Support Enforcement:

1. Refuse to verify facts, review, adjust, modify, etc.
2. Refuse to credit payments
3. Refuse to correct accounts
4. Commit and suborn perjury
5. (From Jeff Okkonen) Increase support collection, without a hearing, then garnish from paycheck, also without a hearing
6. (From Brad Howe): Levy bank accounts repeatedly just to increase federal funding
7. Send levy notices to your bank, but hold yours so you will miss the appeal period

Law Enforcement:

1. Refuse to look at evidence
2. Refuse to do investigations
3. Refuse equal protection
4. Refuse crime victim services

Guardian Ad Litems (GALs), "Child and Family Investigators" (CFIs), Child Protective Services (CPS), CAFCASS, Custody Evaluators, Psychologists, and other court cronies that help fix cases against the noncustodial parent (NCP):

1. Commit fraud upon the court in their Reports and Recommendations
2. Commit perjury on the witness stand
3. Program children to despise the 'other' parent, the noncustodial parent (NCP)
4. Coax children to act out against the NCP
5. Ask the kids leading questions during investigations and misquote them if they say anything endearing about the NCP
6. Refuse to interview the NCP's witnesses
7. (From Matt Thompson and Brad Howe) Ignore formal complaints and evidence, and tell the NCP to take their issues up in court; and going along with the custodial parent's lies to the kids and frauds upon the court

Apparently many Private Investigators, Court Watchers, and Parental Rights Advocates, the Press, and others that could make a difference for thousands of broken families if they weren't receiving Hush Money from the Judicial Mafia:

1. Refuse their services to Pro Se litigants, indigents, desperate parents and other 'Targeted Individuals'

Feel free to post this list on your Wall and spread it around far and wide. Please send me the comments you receive and thank you for your help in completing this list.

Summary Judgment - The Trap

~~~~~~Tips and Topics from Jurisdictionary~~~~~ Summary Judgement Click Here for other Tips & topics from Jurisdictionary

Here's how to avoid the summary judgment trap! Summary judgment can be a good thing - when it's working for you! It can mean the end of litigation in your favor, victory without a fight. It can save months and even years of money-draining litigation sorrows. But! If your opponent files a motion for summary judgment against you, the result can be immediate defeat if you don't apply what I teach you in this newsletter. Banks and other powerful opponents (Child Protective Services, Big Pharma, etc.) do this routinely. They start with a laundry list of affidavits by which they wish the court to believe they've "proven" the facts of their case (inadmissible affidavits, by the way), and their lawyer points to the paperwork, files a motion for summary judgment, and insists the case has already been proven. That is almost never the truth. It's a trap! Here's what you need to know! Summary judgment is provided by Rule 56 Federal Rules of Civil Procedure and by state court rules in every state in our Republic. All the states follow the federal rule closely. There may be a few minor differences but, in general, the rule and the principles are identical. Either party (plaintiff or defendant) may file the motion. The motion must allege (and the moving party must ultimately prove) "there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law." Danger! There is almost always at least some "genuine issue as to a material fact" that precludes summary judgment. But! If you don't understand what is meant by "genuine issue" or "material fact", you will lose ... needlessly! I've been an attorney nearly a quarter-century. I've read a h--- of a lot of cases in those years, believe me. And, in all that reading I discovered that summary judgments are routinely set aside on appeal! That's right. The majority of summary judgment orders are reversed on appeal. Don't believe me? Go to any online legal research cite and enter the following search terms: precludes w/4 summary (i.e., search the case law in your appellate jurisdiction for the word "precludes" appearing within 4 words of "summary"). Hit "Enter" and sit back and watch the cases fly onto your screen one-after-another. I just pulled up 151 of them here in Florida's state appellate decisions. Read a few dozen and you'll see what I mean. Don't be trapped by summary judgment motions! The key to winning (whether you're the one defending or the one filing the motion) is the rule itself and preparation for appeal that's made simple enough for an 8th grader to understand using my affordable Jurisdictionary step-by-step self-help course. Read the rule ... state or federal. Also read the cases that explain the rule and how it is applied by the appellate courts to determine if summary judgment is proper or not. The motion is evaluated on the following grounds: "the pleadings, depositions, answers to interrogatories, and admissions on file, together with affidavits, if any". So many of you don't yet understand the power of your five (5) discovery tools and the importance of firing them off at the first opportunity in your case. By requests for admissions, requests for production, interrogatories, and a deposition or two along with a few subpoenas you can make it clear there are "genuine issues of material fact" in the record ... precluding summary judgment. The other fortress against summary judgment is built by drafting powerful pleadings (whether you're the plaintiff or defendant). The pleadings (complaint and answer with affirmative defenses) are the first defense against losing on a summary judgment motion, because your pleadings raise the issues that you're competing for. If you file weak pleadings (plaintiff or defendant) you offer your opponent an opportunity to charge ahead with summary judgment. Weak pleadings followed by delayed discovery opens the door for your opponent to argue, "There are no genuine issues of material fact in the record," and that's all he needs to win. My Jurisdictionary course shows you how to draft powerful pleadings in easy steps with explanations and examples of the forms most commonly used. The courts are jammed with litigation. In most states, it can take months just to schedule a simple hearing. Most judges welcome opportunities to grant summary judgment, because it clears the case off the docket! Beware! The judge wants to enter summary judgment. Not because you are pro se. Not because he hates you. Not because he plays golf with the lawyer on the other side. But, because he wants to clear his clogged calendar of pending cases that are backing up because of the glut of litigation that is delaying justice for good people! You must prepare with lawsuit know-how or lose! Solid pleadings create an impenetrable barrier to entry of summary judgment orders. They plainly state the genuine issues of material fact. If they are "verified" (as I teach in my affordable 24-hour, step-by-step Jurisdictionary self-help course they should always be) then you have built a protective wall around your case. The genuine issues of material fact are in your pleadings! Your pleadings cannot be changed by your opponent. You state your "genuine issues of material fact" in your complaint or answer and affirmative defenses, and protect yourself from summary judgment motions filed by the other side! Prompt discovery provides an additional barrier against summary judgment rulings. When the other side cannot produce documents you've properly requested according to the rules, and those documents would tend to prove your case, then a "genuine issue of material fact" is established that precludes entry of summary judgment. The same can be said of requests for admissions, interrogatories, answers to deposition questions, and so forth. And, of course, the importance of arranging in advance to have every proceeding recorded by an official court reporter and to arrange in advance for obtaining a certified transcript afterward to prove everything said or done in court cannot be overstressed! Like the Chinese Laundry operator used to say, "No ticky. No washy." If you don't arrange in advance for a certified transcript to be available to you after every in-court proceeding, you've telegraphed permission for the judge to do whatever the judge wishes to do ... and that include knocking your case off his busy calendar by granting summary judgment, because without a court record the judge knows he cannot be reversed on appeal! No transcript. No appeal. It breaks my heart to learn how many of you are beaten by summary judgment and other tactics by unscrupulous lawyers who don't care about truth or justice or fairness or anything beyond a newer sports car and a bigger swimming pool in their backyard. You don't have to lose just because you're pro se! I receive emails every day from people who believe that lie ... people who'd rather complain about their losses and blame anyone but their own unwillingness to learn. This is not the spirit that once made America great, my friends. Learn Rule 56 (or the corresponding rule in your state court). Read a few dozen cases you can find online using the search terms given above. Educate yourselves on something other than the insidious silver-bullet nonsense that is so prevalent on the internet these days. People who say justice is impossible for pro se litigants are misinformed. Read the testimonials at right → Justice most certainly is possible ... for those who take my affordable 24-hour, step-by-step Jurisdictionary self-help course. If you want to learn the rules at the law library and not pay for my course, that's fine with me. But, please stop believing those who say pro se justice is impossible. I will say this: Justice IS impossible for those who don't yet know how to command the courts as I teach. Finally, please know this about me and my success in court: I wasn't born with a silver spoon in my mouth. I have never belonged to a country club. I didn't win cases by being one of the "good old boys". For most of my life I was common as dirt. I didn't get my chance to go to law school until I was 39. That was 28 years ago. I won on a regular basis in spite of the odds against me because I believe in the rules of due process and, after 10 years of fumbling around in the dark, I finally learned how to use those rules effectively to control judges and get justice for my clients! Until I was 42 years old and passed the bar exam, I had to work as hard or harder than any of you just to make ends meet! I was a ferry boat skipper. I ran fishing boats. I swung a hammer and pushed a saw and carried sheets of plywood and 2x4's. I had a job pulling beers in a southern bar where pickled eggs, pigs feet, and boiled peanuts were the food du jour. I scraped barnacles off boat bottoms. I climbed tall radio towers to replace light bulbs. I once spent weeks inside unfinished sailboats grinding fiberglass in the Miami heat, enduring the itch of fiberglass dust mixed with sweat and occasional blood from the cuts of sharp edges of newly laid fiberglass material. At one point in my long career of unimaginables, I drove a Frosty root beer truck delivering cases of soda to country stores in the farmlands east of Tampa. I worked my way through undergraduate school at Florida State (because my family could not afford to send me to college) installing short wave radios in fire trucks and ambulances. I didn't make enough to go to an ivy league school. For years I lived in rented one-room apartments and got about on a bicycle, because I couldn't afford a car or gasoline. For nearly 9 years of my adult life I lived in small beat-up old sailboats, no air-conditioning, no refrigerator, no TV. I know what most of you are going through! I want to help you! But, you need help yourselves and others! I didn't win most of my cases by sucking up to the good old boys! I won by learning how to use the rules, and you can learn, too! We can win the war against corruption in this nation and be the example Adams and Paine and Washington intended us to be ... but we must do it according to The Rules of Law and with due process, not foolish fables. YOU DON'T HAVE TO LOSE! Believing internet fables, even if they were true, isn't going to help you or your family. Joining the crowd that can only complain and point fingers isn't making things better for any of us. The true patriots who are making things better for all of us (or, at least, trying their best to do so) are those who fight for victories over corruption using due process and the Rule of Law for which too many good men and women have already given their lives. Let us honor those who gave their all for the sake of liberty and due process by renewing our pledge to the cause of Justice ... overcoming the corruption in our courts by forcing judges to obey the rules too many have already died for! Please don't send me emails telling me the courts are corrupt. I know first-hand about corruption. That's why I created Jurisdictionary in the first place. I know judges who are so corrupt they should be horse-whipped. I know lawyers who are so corrupt they don't know how to stop lying, even when they aren't in court. But! I also know how to win ... and you can, too! Well, that's it for today's newsletter. I'd appreciate receiving some emails this week thanking me for Jurisdictionary instead of attacking me for not joining the milieu of madness that has little to offer beyond telling us what's wrong. Most of us already know what's wrong. What we need is for more of you to discover that the only way to deal with corruption is to overcome it! Complaining about corruption alone does not stop it! When corruption is in the courts, the way to win is to rub the judges' noses in their very own rules! Good judges will do what's right. BAd judges fear being reversed on appeal. I didn't win for a quarter-century by belonging to the "good old boys" network. I don't belong to any fraternity or secret society. I hate the good old boys for a number of personal reasons I may write about in my autobiography someday, if anyone is interested. I hate all they stand for. I hate their abuse of people who don't know how to fight back. I hate their cruelty. I hate their arrogance! So I created Jurisdictionary so YOU can fight back! The choice is yours, after all. I cannot make you believe what I say. You simply need to try my methods and see for yourself what the people who wrote those testimonials at the right have discovered.  If you already have my course, urge EVERYONE to get the course and stop the courthouse corruption that is destroying our nation and putting your children's future in peril of being utterly destroyed by the elitist agenda to rule us all by taking away our voice and our right to be heard in court on the public record! If you don't yet have my course, order it today and find out for yourself just how powerful you can be with just a little bit of practical lawsuit know-how! Help us restore due process to our nation, please! Learn how to use the rules to command justice! Help us overcome the evil of this age! Do it for your children! Dr. Frederick David Graves, JD Jurisdictionary ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ May you find Strength in Your Higher Power,  GranPa Chuck   "We the "Little" People"     Defend Yourself>>   My Family Reform Blog   My Family Rights Affiliation

Casey Anthony & Lawyer Know-How

~~~~~~Tips and Topics from Jurisdictionary~~~~~

Casey Anthony & Lawyer Know-How

Click Here for other Tips & topics from Jurisdictionary

What did the lawyers need to know?
If you believe they needed to go to law school to learn how to do what they did,  

you're dead wrong!

Think!

• They called witnesses.
• They reviewed evidence.
• They made objections.
• They argued over jury instructions.

What else?
Think about it, please.
Just go over in your mind what you saw of the trial on TV. Or, if you haven't watched, go back over what you've seen on "Law & Order" or any other TV show or movie that depicts trials and court proceedings.
Was any of it all that complicated?
Did any of it require a law school education?
What did the lawyers REALLY NEED TO KNOW?
Let me tell you.
Think!
The lawyers needed to know only the following:

1. the fact elements of the crimes charged,
2. the available evidence that would establish (or oppose) those fact elements,
3. how to get evidence admitted to the record,
4. how to question witnesses on the stand,
5. how to object when the judge or other side went outside the rules, and
6. how to argue convincingly.

Six things any average 8th grader can master with just 24-hours with my official Jurisdictionary "How to Win in Court" step-by-step course!
Seriously!
#1 - We all know how to find fact elements of crimes charged. They're set out in statute books and spelled out in jury instructions. No law school education required!

#2 - Evidence is found by law enforcement or dragged out of witnesses ... willing or unwilling. It doesn't require much of lawyers other than to follow leads. It certainly does not require a 3-year law school education! It's all simple, step-by-step common-sense mixed with a bit of work digging for the facts! Nothing complicated at all!

#3 - Getting evidence admitted requires nothing more than a passing knowledge of a few evidence rules. (Only 13 pages in federal cases and not much more in the 50 states.) Nothing that requires 3 years in law school.

#4 - Questioning witnesses requires knowing only a few rules. None of these is complex or more than an average 8th grader can understand. Here are a few:
    (1) you may not lead your own witness,
    (2) you may not ask a witness what was said by someone who is not in court,
    (3) you may not ask a witness to guess what someone else was thinking,
    (4) you cannot ask a witness to guess at facts (unless the witness is an expert). These few rules can be
         learned by anyone in a matter of hours ... not 3 years at an expensive law school!

#5 - Learning how to object effectively requires nothing more than reading my tutorial on courtroom objections. There are only a few objections to learn. If you've been following the Casey Anthony trial, you heard the same ones repeated again and again - and none of them were too complicated for an average 8th grader to learn. The lawyers would have you believe it's all too complicated, so you can hire one and pay through the nose!

#6 - Finally, how to argue convincingly is something we are either born with or can learn by arguing with family members and friends about baseball or how to fry chicken. It isn't rocket science or differential calculus! It's just a process of building facts one upon another until your facts outweigh those of your opponent. Law schools don't teach this, anyway.

So? What did the lawyers need to know?

• Nothing that isn't covered thoroughly and simply-put in my official 24-hour, step-by-step Jurisdictionary"How to Win in Court" course.

Think!
If you've been watching the trial, you saw the lawyers call witnesses and present evidence. You saw them make objections.
What else did they need to know?
Just what I've said in this newsletter - nothing more!

• Fact elements, and
• How to get those fact elements into evidence.

THAT'S ALL YOU NEED KNOW TO WIN YOUR CASE!

If yours is a civil case, you go after fact elements of causes of action pleaded by the plaintiff or elements of the affirmative defenses pleaded by the defendant. All explained fully in my course.
If yours is a criminal case, you go after facts to show there is "reasonable doubt" as to the reliability of facts presented by the prosecution. Similarly covered in my course.

Learning elements and how to get facts into evidence is a simple, straightforward process any average 8th grader can learn in just 24 hours with my official, affordable, 24-hour, Jurisdictionary "How to Win in Court" course that will lay it all out for you step-by-step.
If you don't already have the course, order now.


The man or woman who knows the process of due process and how to demand justice from the courts is truly free!

• 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!

I'll teach you how to draft pleadings, make motions, set hearings, object in court, handle depositions, use subpoenas, fight back with counter-claims, and discover evidence that forces the court to issue orders that protect your rights!
You can finish my course in less than 24-hours.
Learning due process is easy with Jurisdictionary!
Force the court to protect your rights ... all of them!

... Dr. Frederick D. Graves, JD

Jurisdictionary

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

May you find Strength in Your Higher Power,

 GranPa Chuck

  "We the "Little" People"

    Defend Yourself>>

  My Family Reform Blog
  My Family Rights Affiliation