Post by Jim on Jan 13, 2010 15:10:35 GMT -5
How to Control Judges with Legal Research!
You cannot win without controlling the judge.
Treat the good ones with respect, and they will treat you with respect.
But, don't forget: You have a case to win!
And, perhaps the lowest human life-form is the judge who is out-of-control, power-mad, acting beyond the law, and hell-bent on making you lose in spite of the law!
So, what do you do with a bad judge?
You control the judge. That's what!
Indeed, this is the silver key to winning in court!
It's what all effective, case-winning lawyers do.
So, how do you control a judge?
You cannot control judges unless you research and cite official legal authority for every essential point you seek to make on the court's record!
You must make it crystal clear the judge will be reversed on appeal if he rules against you.
Otherwise, the judge is free to ignore everything you say and rule any way he pleases in spite of what the law and facts may prove to the contrary, because he knows he will not 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, or you run the risk of losing your case and being stuck with the decision!
Don't believe me?
March into the courtroom and tell the judge your personal opinions about the law and how you think he should rule in your case ... and see how far it gets you!
The only opinions that count are the written opinions of controlling appellate court judges who stand in judgment of trial level judges and have power to reverse them when they disagree with appellate opinions.
Your opinions (no matter how clever or persuasive) count for nothing in court.
You must show the judge, by citing official legal authorities, exactly what will happen if the judge rules against you!
Clever argument is not enough.
Knowing the law is not enough.
Controlling judges is what it takes to win lawsuits!
You control judges by (1) drafting proper pleadings, (2) using forceful discovery tactics (3) filing effective motions that force the court to take actions you desire, (4) making timely objections when the judge allows improprieties, and (5) citing controlling appellate court decisions that put the trial judge on notice that he or she will be scolded by the higher court if what you want is not granted.
You must provide citations to official legal authority in your motions, memoranda, objections, and verbal arguments at hearings and at trial.
The other side will cite legal authorities favoring their case.
You must do the same, if you want to win.
But, 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 a well-stocked law library there will be 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, legal research with the internet is easy.
Indeed, you cannot win without knowing the rules!
Corrupt judges and crooked lawyers can be forced to obey the rules so you can win in court ... only if you know the rules and how to use them tactically and strategically to demand that justice prevail!
Get the judge on your side!
You cannot win without controlling the judge.
Treat the good ones with respect, and they will treat you with respect.
But, don't forget: You have a case to win!
And, perhaps the lowest human life-form is the judge who is out-of-control, power-mad, acting beyond the law, and hell-bent on making you lose in spite of the law!
So, what do you do with a bad judge?
You control the judge. That's what!
Indeed, this is the silver key to winning in court!
It's what all effective, case-winning lawyers do.
So, how do you control a judge?
You cannot control judges unless you research and cite official legal authority for every essential point you seek to make on the court's record!
You must make it crystal clear the judge will be reversed on appeal if he rules against you.
Otherwise, the judge is free to ignore everything you say and rule any way he pleases in spite of what the law and facts may prove to the contrary, because he knows he will not 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, or you run the risk of losing your case and being stuck with the decision!
Don't believe me?
March into the courtroom and tell the judge your personal opinions about the law and how you think he should rule in your case ... and see how far it gets you!
The only opinions that count are the written opinions of controlling appellate court judges who stand in judgment of trial level judges and have power to reverse them when they disagree with appellate opinions.
Your opinions (no matter how clever or persuasive) count for nothing in court.
You must show the judge, by citing official legal authorities, exactly what will happen if the judge rules against you!
Clever argument is not enough.
Knowing the law is not enough.
Controlling judges is what it takes to win lawsuits!
You control judges by (1) drafting proper pleadings, (2) using forceful discovery tactics (3) filing effective motions that force the court to take actions you desire, (4) making timely objections when the judge allows improprieties, and (5) citing controlling appellate court decisions that put the trial judge on notice that he or she will be scolded by the higher court if what you want is not granted.
You must provide citations to official legal authority in your motions, memoranda, objections, and verbal arguments at hearings and at trial.
The other side will cite legal authorities favoring their case.
You must do the same, if you want to win.
But, 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 a well-stocked law library there will be 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, legal research with the internet is easy.
Indeed, you cannot win without knowing the rules!
Corrupt judges and crooked lawyers can be forced to obey the rules so you can win in court ... only if you know the rules and how to use them tactically and strategically to demand that justice prevail!
Get the judge on your side!
