Showing posts with label law. Show all posts
Showing posts with label law. Show all posts

Monday, September 5, 2016

Children are taken into care because parents don’t know their legal rights

We often tell parents "If you don't know your rights, you have none"
Here are thoughts from one with similar ideas from the UK.


 Please note, it does not matter what nation one may be in since the tactics are often similar.
Read On,
Granpa Chuck>>>


Children are taken into care because parents don’t know their legal rights, says Merseyside lawyer
Andrew Perrigo, a partner at Morecrofts Solicitors, is warning that parents and social workers need a better understanding of the law when it comes to children being taken into care

Andrew Perrigo said that parents are being made to feel like they have "no choice" but to give consent for their children to be taken away

Andrew Perrigo, a partner at Morecrofts Solicitors, is warning that parents and social workers need a better understanding of the law when it comes to children being taken into care



Children are taken into care because their parents don’t know enough about their legal rights, a leading Merseyside care lawyer has warned.
Andrew Perrigo, a partner at Morecrofts Solicitors in Birkenhead, said that parents are being made to feel like they have “no choice” but to give consent for their children to be taken away.

He said this is because social workers are misusing Section 20 of the Children Act 1989, which outlines their duty to provide a child with somewhere to live because the child does not currently have a home, or a safe home.

Mr Perrigo warned that families are being split up unnecessarily as a result.

He said: “Part of the problem is that parents just aren’t aware of their rights. They are often asked to sign Section 20 agreements but what is often poorly communicated by the social workers is that this agreement requires their consent.

“Parents do not have to agree – yet they are made to feel they have no choice.”

Mr Perrigo urged any parent or carer to call his firm’s free hotline for legal advice before signing anything or giving consent.

Last week Sir James Munby, president of the Family Division, said local authorities have been condemned for misusing the act and spoke of a case where a mother and daughter were awarded record damages.

Mr Perrigo said: “Sir James Munby has made it clear that social workers and local authorities need to better understand the law and operate within its parameters, but while that goes some way to solve this problem, we also need more educated parents who know their rights.

“Perhaps if we have more parents questioning the use of a Section 20 and seeking legal advice as soon as the idea is tabled, then its misuse would decrease and parties would have to consider other options.

“As it stands Section 20 consents can be used to bypass the local authorities’ need to go before the court for a care order.

“The fear is that it’s being used as a back-door route to place children in care and a lengthy prelude to care proceedings.

“Used wrongly and it splits families up, sometimes needlessly and for excessively long periods and denies courts full control over proceedings.

“This will inevitably result in delays and compensation claims potentially in the millions.”

To seek legal advice, call Morecrofts Solicitors’ free hotline on 0151 668 0296.

~~~~~~~~~

Katie Strick

Katie Strick

Daily Mail trainee currently working at the Echo. Previously studied newspaper journalism at City University, London. Covering news and human interest stories.

 Learn "How To Win In Court" ... without a lawyer
 ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
May you find Strength in Your Higher Power,GranPa Chuck
Researcher, Editor, Publisher, Collector




Wednesday, August 19, 2015

Lighter side: How Do COURT RECORDERS Keep Straight Faces????

Product Details  These are from a book called Disorder in the American Courts and are things people actually said in court, word for word, taken down and published by court reporters that had the torment of staying calm while the exchanges were taking place.

ATTORNEY: What was the first thing your husband said to you that morning?
WITNESS: He said, 'Where am I, Cathy?'
ATTORNEY: And why did that upset you?
WITNESS: My name is Susan!
_______________________________
ATTORNEY: What gear were you in at the moment of the impact?
WITNESS: Gucci sweats and Reeboks.
____________________________________________
ATTORNEY: Are you sexually active?
WITNESS: No, I just lie there.
____________________________________________
ATTORNEY: What is your date of birth?
WITNESS: July 18th.
ATTORNEY: What year?
WITNESS: Every year.
_____________________________________
ATTORNEY: How old is your son, the one living with you?
WITNESS: Thirty-eight or thirty-five, I can't remember which.
ATTORNEY: How long has he lived with you?
WITNESS: Forty-five years.
_________________________________
ATTORNEY: This myasthenia gravis, does it affect your memory at all?
WITNESS: Yes.
ATTORNEY: And in what ways does it affect your memory?
WITNESS: I forget..
ATTORNEY: You forget? Can you give us an example of something you forgot?
___________________________________________
ATTORNEY: Now doctor, isn't it true that when a person dies in his sleep, he doesn't know about it until the next morning?
WITNESS: Did you actually pass the bar exam?
____________________________________

ATTORNEY: The youngest son, the 20-year-old, how old is he?
WITNESS: He's 20, much like your IQ.
___________________________________________
ATTORNEY: Were you present when your picture was taken?
WITNESS: Are you shitting me?
_________________________________________
ATTORNEY: So the date of conception (of the baby) was August 8th?
WITNESS: Yes.
ATTORNEY: And what were you doing at that time?
WITNESS: Getting laid
____________________________________________

ATTORNEY: She had three children , right?
WITNESS: Yes.
ATTORNEY: How many were boys?
WITNESS: None.
ATTORNEY: Were there any girls?
WITNESS: Your Honor, I think I need a different attorney. Can I get a new attorney?
____________________________________________
ATTORNEY: How was your first marriage terminated?
WITNESS: By death..
ATTORNEY: And by whose death was it terminated?
WITNESS: Take a guess.
___________________________________________

ATTORNEY: Can you describe the individual?
WITNESS: He was about medium height and had a beard
ATTORNEY: Was this a male or a female?
WITNESS: Unless the Circus was in town I'm going with male.
_____________________________________
ATTORNEY: Is your appearance here this morning pursuant to a deposition notice which I sent to your attorney?
WITNESS: No, this is how I dress when I go to work.
______________________________________
ATTORNEY: Doctor , how many of your autopsies have you performed on dead people?
WITNESS: All of them. The live ones put up too much of a fight.
_________________________________________
ATTORNEY: ALL your responses MUST be oral, OK? What school did you go to?
WITNESS: Oral...
_________________________________________
ATTORNEY: Do you recall the time that you examined the body?
WITNESS: The autopsy started around 8:30 PM
ATTORNEY: And Mr. Denton was dead at the time?
WITNESS: If not, he was by the time I finished.
____________________________________________
ATTORNEY: Are you qualified to give a urine sample?
WITNESS: Are you qualified to ask that question?

______________________________________
And last:

ATTORNEY: Doctor, before you performed the autopsy, did you check for a pulse?
WITNESS: No.
ATTORNEY: Did you check for blood pressure?
WITNESS: No.
ATTORNEY: Did you check for breathing?
WITNESS: No..
ATTORNEY: So, then it is possible that the patient was alive when you began the autopsy?
WITNESS: No.
ATTORNEY: How can you be so sure, Doctor?
WITNESS: Because his brain was sitting on my desk in a jar.
ATTORNEY: I see, but could the patient have still been alive, nevertheless?
WITNESS: Yes, it is possible that he could have been alive and practicing law.

more humor and good stuff--->> Happy People!!!




~~~~~~~~~~~~~~~
Thanks for reviewing this information.
Any comments would be Super.
Remember- If you don't know your Rights,
You have NONE
May you find Strength in Your Higher Power,
GranPa Chuck
Researcher, Editor, Publisher

 

 
 

Sunday, June 23, 2013

The Law Project


http://static.wixstatic.com/media/fa6d06_74a4f177981d5e5e589aa156c2c1c3d0.jpg_srz_105_106_75_22_0.50_1.20_0.00_jpg_srz

The Law Project
is to be part of the “Justice in America Network T.V. Series”. 

Learn about that and other exciting developments, including our expanding administrative staff, by visiting the new portal to:

National Forum On Judicial Accountability (NFOJA),
POPULAR (Power Over Poverty Under Laws of America Restored), and
OAK (Organizations Associating for the Kind of Change America Really Needs),
courtesy of our corporate sponsor:  The Law Project

 ~~~~~~~~~~~~
Related Reading: In the Family Courts do you know your state Statutes??
Here is a Great Starting Point:
The Child Welfare Information Gateway has been creating State Summaries on Particular Concerns. Below are some of these summaries. Will be listing more as they become available or updated.
Note:Summaries from other Sources may also be added.
Note: When you click on View, this is introductory information comparing states. To see the State Statute Summaries, you need to Download the PDF file. (Note: Will be taken directly to Agency page and dates of updates may be newer than shown on this page.)
Download PDF File of ALL Introductions to Summaries (Rev. 2 -- 02/04/2013)
Adoption ~ Best Interest of the Child ~ Case Planning ~ Child Abuse & Neglect ~ Child Welfare Law & Policy ~ Central Registry ~ Conflict of Interest Domestic Violence ~ Emancipation ~ False Allegations ~ Family Preservation ~ Fathers ~ Foster Care Givers ~ Guardianship ~ Immunity ~ Infant ~ Mandatory Reporters ~ Parental Drug Abuse ~ Permanency ~ Placement with Relatives ~ Reasonable Efforts ~ Reinstatement of Parental Rights ~ Reunification ~ State Guides & Manuals Search ~ Termination of Parental Rights
~~~~~~~~~~~~~~~~~~~~~~~
Did You Know??
The ORIGINAL intent of even creating a Governmental Agency
for Our Children & Families was to:
1)Protect Children &
2) Strengthen Families
When are the Sheeple going to realize that Strenthening Families can actually Prevent Child Abuse??
Note: You may find, when searching on "single" criteria, 0 results may show up. A hint that perhaps many issues still haven't be addressed in many states?
A Great Law Index from>> Justia.com
~~~~~~~~~~~~~~~~

~~~~~~~~~~~~~~
Families & Children, our most important resource we have in Our Nation, if not the World

 

Thursday, May 23, 2013

Reforming Juvenile Justice: A Developmental Approach - Final Book Now Abailable

Is REFORM Even Possible???
 
Final Book Available Now
Reforming Juvenile Justice: A Developmental Approach
Download Free PDF Buy This Book Now
Adolescence is a distinct, yet transient, period of development between childhood and adulthood characterized by increased experimentation and risk-taking, a tendency to discount long-term consequences, and heightened sensitivity to peers and other social influences. A key function of adolescence is developing an integrated sense of self, including individualization, separation from parents, and personal identity. Experimentation and novelty-seeking behavior, such as alcohol and drug use, unsafe sex, and reckless driving, are thought to serve a number of adaptive functions despite their risks.
Research indicates that for most youth, the period of risky experimentation does not extend beyond adolescence, ceasing as identity becomes settled with maturity. Much adolescent involvement in criminal activity is part of the normal developmental process of identity formation and most adolescents will mature out of these tendencies. Evidence of significant changes in brain structure and function during adolescence strongly suggests that these cognitive tendencies characteristic of adolescents are associated with biological immaturity of the brain and with an imbalance among developing brain systems. This imbalance model implies dual systems: one involved in cognitive and behavioral control and one involved in socio-emotional processes. Accordingly adolescents lack mature capacity for self-regulations because the brain system that influences pleasure-seeking and emotional reactivity develops more rapidly than the brain system that supports self-control. This knowledge of adolescent development has underscored important differences between adults and adolescents with direct bearing on the design and operation of the justice system, raising doubts about the core assumptions driving the criminalization of juvenile justice policy in the late decades of the 20th century.
It was in this context that the Office of Juvenile Justice and Delinquency Prevention (OJJDP) asked the National Research Council to convene a committee to conduct a study of juvenile justice reform. The goal of Reforming Juvenile Justice: A Developmental Approach was to review recent advances in behavioral and neuroscience research and draw out the implications of this knowledge for juvenile justice reform, to assess the new generation of reform activities occurring in the United States, and to assess the performance of OJJDP in carrying out its statutory mission as well as its potential role in supporting scientifically based reform efforts.
Download Free PDF
Buy This Book Now

Wednesday, August 29, 2012

Are We Our Jurors Keepers??

Thought I would share some additional information relating to a great discussion on what the judge is supposed to do and what he/she ACTUALLY does on one of our Affiliated Discussion Groups
 
Link to article: http://verdict.justia.com/2012/08/28/are-we-our-co-jurors-keepers

But thought I would share this discussion on "New Instructions for Jurors".. ie the result of the influence of the internet/social media, etc.
Here is part of that file, dated June 2012:
Before Trial:
You, as jurors, must decide this case based solely on the evidence presented here
within the four walls of this courtroom. This means that during the trial you must not
conduct any independent research about this case, the matters in the case, and the
individuals or corporations involved in the case. In other words, you should not consult
dictionaries or reference materials, search the internet, websites, blogs, or use any other
electronic tools to obtain information about this case or to help you decide the case.
Please do not try to find out information from any source outside the confines of this
courtroom."
May you find Strength in Your Higher Power,
 GranPa Chuck


Great Document for Your Library--Now Available
"Standing in the Shadow of the Law", 4th Ed.
 Learn More>> Click Here    
Defend Yourself http://nfpcar.org/Jurisdictionary/

Sunday, May 6, 2012

NEW Add to our "Know Your Constitution" web pages

Historic Supreme Court Decisions - by Topic
Original Source: http://www.law.cornell.edu/supct/cases/topic.htm
Related Reference: Votes by Justices in Recent Landmark Supreme Court Decisions, 1989 to Present

 The decisions in this collection have all been gathered into topical groups. (Many have been listed under several headings.) Clicking on any listed topic will retrieve all opinions classified under it. Instead of or in addition to using these topical groups you can search the entire collection for decisions using particular key words or phrases. (To launch such a search click here.) You can scroll down the topic list or click on one of the following letters to jump directly to that portion of it.
A-B | C-E | F-H | I-L | M-N | O-R | S-U | V-Z
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
May you find Strength in Your Higher Power,
GranPa Chuck
Pro Se Way>>
"We the "Little" People"

   My Family Reform Blog
  My Family Rights Affiliation

Monday, February 6, 2012

Good Legal Writing

Below is one of the many emails received from Jurisdictionary .  In this discussion, I encourage everyone to keep this point in mind:
"..Every word has a purpose ... to make your winning record.."
and do read below from previous email:
Want to drive your opponents nuts?
Tie them down with word-power!

( From "How to Win" Step-by-Step Self-Help Course )
Jurisdictionary

What is good legal writing?
I want you to think about this question ... hard and long!
What is your goal?
  • Impress the judge?
  • Confuse the opponent?
  • Or, win the case?
Everything we do in life has in one sense or another a particular goal. Some things we do are automatic, like breathing, yet there is always a goal. In business, the goal is to provide a benefit to others. In sports, the goal is to perform to the highest of our athletic ability. In law, the goal is to make a winning record in writing!

Many lawyers and most pro se litigants miss this point ... they get sidetracked with unimportant distractions!

Every word spoken in a courtroom or written on paper filed with the clerk or served on the other side must aim toward this specific goal.
All words that aren't aimed at making a winning record must go!
Since 1997 when Jurisdictionary began, people have sent documents for review. In all but a few the punch, power, and persuasive effect could be improved by eliminating 90% of the words and by keeping only those aimed at making a winning record.

Most of what came for review read more like the writer was trying to tell a story, rather than trying to make a winning court record of relevant facts and controlling law!
Legal writing is NOT story-telling!

Any fact that's not "relevant" and any law that's not "controlling" should be eliminated.

I rebuilt a few car engines in my youth. I removed bolts, nuts, gaskets, and pins. I placed the removed parts on a sheet of cardboard on the floor of my garage. All was arranged neatly in order. When the time came to put the engine back together, every part had a place, and that's where I put each part ... in its place!
A place for every part. Every part in its place.

I didn't add any parts! I didn't leave any parts out!
That's good legal writing!
Every word has a purpose ... to make your winning record.

More years ago than I like to remember, I worked as a reporter for the Tampa Times newspaper. My city editor was ruthless with my writing. I learned from him. Since being admitted to the bar in 1986, I've applied what he taught me. "Say what needs to be said then stop!"

What was true for newspaper writing is doubly true for legal writing.
Say what needs to be said and stop!

Write like you were "speaking" to an 8th grader. You aren't Jimmy Buffet. You don't need a "novelist's eye" or a "bartender's ear". You aren't telling a story! You're assembling essential parts of a powerful engine.

That's what good legal writing does! Each part has a specific purpose.
What I teach will empower your legal paperwork and give you the competitive edge you need to win!
www.Jurisdictionary.com
Want to drive your opponents nuts?
Tie them down with word-power!
I've been a lawyer since 1986, and what I tell you here (and with more details in my "How to Win in Court" step-by-step self-help course) will empower you to stuff your opponents in a neatly-packaged word-box and win your case hands-down!

Many lawyers never understand this ... so they lose, needlessly.

Most pro se people never understand this, either ... so they lose, needlessly.

The key is nothing harder than writing simple sentences.
  • Short sentences.
  • Powerful sentences.
  • Sentences with ONE VERB.
  • Sentences with ONE SUBJECT.
Sentences that EACH HAVE THEIR OWN PARAGRAPH NUMBER! That's right. Every sentence gets its own paragraph, and each of those paragraphs has a separate number. (The course gives sample forms to show you how.)

One sentence per numbered paragraph. One subject. One verb. And only the absolutely necessary adjectives and adverbs.If it's important to note that your opponent's nose was gigantic, say so. Otherwise, leave it out! Too many adjectives and adverbs just complicate your case unnecessarily, give the other side more things to argue about ... things that ultimately have nothing to do with what it takes to win!

A sentence is a complete thought. Mrs. Edgerton taught me that in Second Grade. It's helped me win countless court battles.

Every simple sentence starts with a capital letter, ends with a period, and contains just one verb, and just one subject. No commas or semi-colons unless absolutely, positively necessary and for a purpose that promotes your cause!
Consider these two sets of numbered paragraphs:
Set 1
  • Defendant was very forceful and convincing when he said he would spray my strawberry plants every week during the four months I was away on business in Europe shopping for priceless art treasures for my adorable wife, however he did not at any time while I was gone spray my strawberries, because he was off playing poker in Las Vegas and losing his shirt, so I lost most of my strawberry crop this year to tiny green bugs that ate the beautiful white strawberry blossoms before my plants could bear their luscious fruit.
  • I paid defendant $2,000 before leaving for Europe, and he didn't ask for any more money, so I assumed he would do what he said he would do, but he didn't, so I lost a great deal of money.
  • This is why I have sued him.
Set 2
  • Plaintiff and defendant entered a written agreement.
  • Copy of agreement attached as Exhibit A.
  • Defendant promised to spray plaintiff's strawberries with insecticide from 5 December 2009 through 15 April 2010.
  • Defendant agreed to do the job for $2,000.
  • Plaintiff paid Defendant $2,000 on 1 December 2009.
  • Defendant failed to spray plaintiff's strawberries.
  • Plaintiff suffered money damages exceeding $15,000.
Each sentence has it's own paragraph number.
Each sentence has one verb, one subject.
Each sentence has minimal adjectives or adverbs.
Each sentence is a complete thought.
There can be no doubt what your words mean!
Winning in court is all about effective communication.
Communicate effectively with simple sentences.
~~~~~~~~~~~~~~~~~~
If the above doesn't get your Attention? Follow this>> link <<
Another Companion Document


Reason for Law Book
  ~Using Your Law Book

Related Reading: 

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
May you find Strength in Your Higher Power,
 GranPa Chuck

Wednesday, June 8, 2011

Your Most Valuable Legal Right ...

I am not a lawyer. Please see this Disclaimer.


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


Your Most Valuable Legal Right ...

Of all the "rights" we Americans enjoy, one is much, much more valuable than all the rest!
Your most valuable right.Protester with Sign
The right without which all the rest are useless dreams!
  • Do you know what your most valuable right is?
  • Do you know how you've been denied your most valuable right?
  • Do you know who's been keeping it from you and why?
  • Do you know how to effectively exercise your most valuable right?
(To get the complete story, go to Jurisdictionary)
Take a moment and make a list of what you believe are your most important rights - free speech, worship, the press, peaceable assembly? The right to counsel in a criminal case?
  • Life?
  • Liberty?
  • The pursuit of happiness?
All these are fundamental God-given rights our young men and women gave their lives to secure for us.
But what of your most essential right ... the one you've been denied?
Do you know what your most valuable right is, why it's so essential and valuable above all the rest, and why it's been denied and by whom?

Think about it.
  • What can you do when your rights or the rights of your loved ones are violated?
  • What can you do when your rights are abused?
  • What can you do to protect yourself and your family when your rights are trampled?
  • Will the Constitution protect you when your property is seized?
  • Will the Bill of Rights protect you when your church is shut down for promoting ideas contrary to abortion or same-sex "marriage"?
  • Will your "rights" protect you from forced vaccination or unlawful taxes?
  • What can YOU do to exercise YOUR American rights and protect yourself and your family from those who abuse or ignore your individual God-given rights?
March with signs? Write letters to your Congressman?
Take to the streets with torches and pitchforks?
Or do as so many do these days and send emails to tell everyone how unhappy you are with Washington politics?
There is a better way: Exercise your most valuable right!
Learn what your # right is and how to use it effectively!

Demand YOUR rights in court!
That's why the Founders set our nation up with courts, so YOU would have someone to complain to, someone who has the power to enforce your rights!
It's easy, once you know how to get "due process".
That's right.
Due process IS your most valuable right.
Due process is your most valuable right, because without the ability to win in court, the rest of your "rights" are just political rhetoric, promises with no power.
The Constitution of the United States promises you the protection of due process, but it doesn't tell you what due process is or how to get it!
Due process is a P-R-O-C-E-S-S ... and you've been DENIED knowledge of what that process is and how to use it to protect your rights!

Lawyers have seen to that ... and it's high time YOU learned what due process is, how it works, and how to use it to protect yourself and your loved ones from any and all abuses of your fundamental God-given rights!

What good are Constitutional Guarantees if you cannot afford to pay some law firm $50,000 to work the process for you? The Constitution itself is just a piece of paper with no power whatever beyond the power of men in high places to sign papers that order other people to do "what's right". If you are relying on the Constitution to protect your rights, you are falling into the very trap that my profession wants you to fall into - relying on them who must be paid to protect your rights!

Fortunately, there's another way!
For the first time in history, the mysteries of due process hidden from you and your children by lawyers all these years are now made easy-to-understand at last - thanks to the internet, multi-media technologies, and the official Jurisdictionary 24-hour step-by-step course!
The secrets of "due process" are now revealed!

You don't need a law degree to understand due process. Jurisdictionary simplifies the mysteries lawyers want to keep from you: pleadings, motions, depositions, subpoenas, evidence rules, courtroom objections, etc. The legal profession would have you believe you aren't smart enough to learn what it takes to win in court, but all you have to do is read our testimonials to see how people just like you ARE WINNING!

Teaching people due process is my passion and the moral imperative of everyone who loves Liberty enough to work for Justice through our courts.

Even if you have thousands of dollars to pay lawyers to go to court for you, Jurisdictionary can help you save money by showing you in simplified teachings just what your lawyer could and should be doing to earn his or her pay.

If you can't afford a lawyer (or don't trust them) then this affordable 24-hour step-by-step course is just what you need to protect your other God-given rights from abuse.
Are your rights being abused?
Do you see the rights of others being abused?
Take it to the courts!

Exercise your most valuable right!
Learn the process of due process that the lawyers don't want you to know ... and stand up for your rights effectively!

Signs, emails, pitchforks, and letters to your Congressman don't work! Nothing changes!
Knowing how to demand due process in court works!
And, nobody makes it easier than Jurisdictionary!

Tell your friends what their most valuable right is!
Wake people up to the fact that without the knowledge of due process (or many thousands of dollars to pay lawyers) your other fundamental "rights" are just empty promises.
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
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
May you find Strength in Your Higher Power,
 GranPa Chuck
    Defend Yourself>>

Monday, May 23, 2011

Why You MUST do Legal Research

I am not a lawyer. Please see this Disclaimer.


Related Information and Coming Soon
"Standing in the Shadow of the Law", 4th Edition

~~~~~~Tips and Topics from Jurisdictionary~~~~~
 
You cannot win without controlling judges!

And, you cannot control judges unless you research and cite controlling "legal authority" for every legal argument you seek to make on the court's record!

The judge is not the legal authority!
  • Don't let any judge scare you into believing otherwise!Control Judges with Jurisdictionary!
  • The law is the law, not the judge!
  • You must make it crystal clear on the court's record that the judge will be reversed on appeal if he rules against you ... because your legal research found appellate court opinions that control his jurisdiction and his decisions!
If you don't do what the official Jurisdictionary course teaches, the judge will be free to ignore everything you say and rule any way he pleases in spite of what the law and facts prove to the contrary ... because he knows he cannot 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 citing "legal authority" that controls him, or run the risk of losing your case and being stuck with the 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!
 You will lose if you don't cite "legal authority"!

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 judge rules against you!

This is how smart lawyers win in court.
  • Stupid lawyers are afraid of judges, afraid to threaten appeal, so they lose ... routinely!
  • Clever argument is not enough.
  • Knowing the law is not enough.
  • Even having all the evidence is not enough!
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 provide citations to official legal authority in motions, memoranda, objections, and verbal arguments at hearings and at trial (if you don't win before trial using the easy-to-learn methods we teach in my affordable step-by-step official Jurisdictionary course).
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 they mean doesn't count!
Trust me! I've been at this for 25 years!
  • How you choose to read and interpret the law doesn't count a bit ... not even a tiny bit!
  • The only thing that counts is how the appellate courts read and interpret the law, and what they say the law means 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 to do it in our official course.
Learn how to use on-line legal research and how to cite case-winning legal authority in my affordable step-by-step 24-hour official Jurisdictionary self-help course!
Know how to control the judge - or you will lose!
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Dr. Frederick David Graves, JD
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May you find Strength in Your Higher Power,
 GranPa Chuck
    Defend Yourself>>

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>>