Post by Jim on Jul 19, 2010 21:18:58 GMT -5
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 judges 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.
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 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!
How you choose to read and interpret those things doesn't count.
The only thing that counts is how the appellate courts read and interpret them, and what they say those things mean 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.
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 judges 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.
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 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!
How you choose to read and interpret those things doesn't count.
The only thing that counts is how the appellate courts read and interpret them, and what they say those things mean 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.
