Monday, July 2, 2012

Know the Law of YOUR Case ...

Two terms you may want to become familiar:

Read more about The Law of the Case ...

Understand this ... AND WINNING IS EASY!
Every case is won or lost on only two (2) things!
You don't need to know "every law" ever written!
You just need to know "the law of the case" ... your 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 has a wee bit more than the other side, and that's all it takes to win!
You may ask, "How can a pro se litigant win against someone with a lawyer?"
The 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
The only "law" you need to know is the law that affects your case!
The law of the case is almost always extremely simple and straightforward. You don't need to know everything we were taught in law school. You just 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
It sounds simple because IT IS SIMPLE!
What I tell you today IS ABSOLUTELY TRUE!

You don't really need to know much at all!
Here's an example dear to the hearts of many. A bank brings a foreclosure action. What is the law of the case? There are only a few laws that control the outcome. You certainly don't need to go to law school to learn the law 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 in the mortgage?
I'm sure you may have many questions, no matter if you're going to Family Court, Civil Court, etc. Here is a great tool to start "Organizing your Thoughts". If you are proficient in word, here is an outline format you may want to download>> Outline Template
We have guiding many and we call this document "Our Law Book". In reality, whether you have a lawyer or not, it is vital that you "Do Your Homework".
Preparing for a Family Law Issue? Here's a great Topic Index of State Statute Summaries.

There may be a few legal issues that vary from case to case, but these few points are common to all, and they can be researched and understood in a single afternoon of online legal research thanks to the internet!

Once you know the law of your case is, the rest is simply 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" the law.
  • 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 the law of torts, taxes, or even contract law (beyond the part that applies to promissory notes and mortgages)!
  • YOU don't need to know all I know to win! 
  • Learn the rules of court for your state and how to apply them wisely and effectively to present the law of the case and  admissible evidence.
That's how they win ... and you can, too!
Why remain in legal darkness?

  •  "Standing in the Shadow of the Law", 4th Ed. Best Reference in Plain English to set up your Law Book

    An instructional manual of preventative and protective measures to help protect against and prepare for legal actions against you as a Foster, Adoptive, or Biological Parent. A road map, if you will, for the legal maneuverings  and allegations brought toward you as a Parent and/or those children you have a protective/parenting obligation to.

        To know and protect your rights and, if necessary, to organize your own case in a professional manner should there be a legal encounter for either you or the children.

  • Jurisdictionary -24 Hour self help course _

    "Affordable 24-Hour Course Explains All ... Step-by-Step Simplifies Lawsuit Procedure, Evidence, and Tactics Have a Lawyer? ... Know What SHOULD Be Done Don't Have a Lawyer? ... Know What YOU Must Do Thousands Have Won with Our Step-by-Step Course You Will Learn How to Win ... In Just 24 Hours Created by an Attorney with 23 Years of Experience."
    (1)

  • Sui Juris - THE TRUTH IN THE RECORD

    A Process for The People to Access the Courts Sui Juris: of his own right; authority; possessing full social and civil rights; having capacity to manage one's own affairs
    The Truth in the Record: Lawful Due Process. A court is a place to make a Public Record. A Plaintiff, a Defendant, a neutral judge to a jury decision, in all cases Constitutionally protected.
May you find Strength in Your Higher Power,
 GranPa Chuck