Simple – hold their feet to the fire. Judges don’t like to be overruled – and Dr. Graves lays out here exactly how you get the Judge to simply do the logical thing: apply precedent to the case, like the Judges who hear the appeal will. And even if the Judge is silly enough to rule against you in the face of that evidence, you have everything in writing (via court reporter) so that he will be overturned and your case is won. Study today’s lesson from Jurisdictionary.
Using Legal Research to Find the Controlling Law.
You cannot win without controlling judges.
This is absolute.
If you don't control the judge, the judge will do whatever the judge wishes to do, and there will be nothing you can do about it afterward!
You won't be able to appeal.
You won't be able to challenge the judgment.
You'll be dead in the water!
If you don't have a court reporter present at every hearing (and I do mean every hearing), the judge knows he or she can run roughshod over you, because without a transcript record of the proceedings, appeal is not likely to succeed. It's essentially impossible!
But, having a court reporter isn't enough. You must know how and when to object and give proper grounds for your objections ... proper legal grounds ... or your objections will be overruled ... and there won't be anything you can do about it!
Finally, you must be able to cite and quote controlling "legal authority" (appellate court decisions) for every point of law you seek to make on the court's record!
The judge is not the authority!
Get this clear in your mind and stop fearing the judge! Judges are employees of our tax-supported government, and they can be controlled once you learn a few basics.
Judges don't like to be reversed on appeal. They don't like it when the appellate court justices write an opinion telling the entire world the judge was wrong!
Therefore, you must make it crystal clear on the court's record that the judge will be reversed on appeal if he rules against you.
Otherwise, a 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.
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?
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 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.
Watch video showing on-line research.
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 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!
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.
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 in our course.
Beware cheap on-line resources. They can't be trusted. Their databases are incomplete, inaccurate, and seldom up-to-date. When shopping for on-line legal research, insist on sites that keep their databases current and provide access to all official resources necessary to win your case.
Learn how to object and give legal grounds for your objections on the record!
Learn why you must have a court reporter present at each and every hearing to avoid courtroom corruption!
Learn how to use on-line legal research and how to cite case-winning legal authority in my affordable step-by-step 24-hour Jurisdictionary self-help course!
Know how to control the judge - or you will lose!
