Monthly Archives: August 2014

How to Win the Game of Law … There are two (2) kinds of law

The Game of LawToo many good folks believe “the law” is on their side but don’t know there are two (2) kinds of law!

If you don’t know both kinds you lose needlessly.

Most losers never know why they lost. They blame the judge. They blame the justice system. They blame the party on the other side. They rarely blame themselves for assuming they knew all they needed to know.

There are two (2) kinds of law!

The first kind is “substantive law”. Law that determines the outcome of a case based on admissible evidence.

The second kind we call “procedural law”. Rules of court that determine what evidence will be admitted, who gets to talk, what issues will be heard, etc.

Losers rush into court demanding the judge to enforce substantive law in their favor, but they don’t know the first thing about the rules of court or how to use them to get their way.

Learn from Jurisdictionary step-by-stepIt’s like holding a winning hand in a game of cards but not knowing how to tactically apply the rules of the game to win.

It doesn’t matter if you have “the law on your side” if you don’t know how to use the rules of court to win.

Those who know how to use the rules tactically win consistently!

Those who don’t lose consistently!

Do you want to win … or lose?

Your choice.

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The Burden of Proof … Who Must Do What and Why!

You must understand who has the burden of proof … and why it matters!

Win with Jurisdictionary!If you’re being sued, the other side has the burden of proof.

If the other side files a motion, they have the burden of proof.

But, sometimes the burden shifts back-and-forth.

Knowing who has the burden is critical.

Don’t be victimized by lawyers tricking you into thinking the burden is yours, making you struggle to “disprove” a fact or the application of law … when the burden is not on you!

The burden is always on the party asserting a fact or law to prove what he asserts.

It’s never your job to disprove what he asserts!

In more than 28 years as a case-winning lawyer, I’ve won many cases simply by forcing the court to require my opponent to “put up or shut up”.

Learn from Jurisdictionary step-by-stepThink how this can be applied to foreclosure or credit card cases! A credit lender asserts his alleged debtor owes, and far too often the alleged debtor spins his wheels trying prove he doesn’t owe … instead of forcing the creditor to prove what he claims or be dismissed!

Knowing how to shift the burden is power to win!

Why be tricked by other members of my profession?

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Offers of Proof …

Detective

If you start to offer evidence and, before you can get it before the court, the other side objects and the judge sustains your opponent’s objection, you must move the court to allow you to make clear on the record what your evidence was going to be and what it would tend to prove!

This is making an offer of proof.

Expect your opponent to try to stop you.

Be prepared to make an offer of proof immediately … or risk losing needlessly!

An offer of proof shows the court on the record:Learn from Jurisdictionary step-by-step

  • What the offered evidence is and
  • What the evidence tends to prove

Failure to get evidence admitted is fatal!

If you don’t get your evidence admitted and don’t make an offer of proof, you’ll have nothing to appeal if you lose!

If you don’t make an offer of proof, the record will not show the appellate court what the evidence would have been. There’ll be nothing in the record for the appellate court to review! Appellate courts will not examine evidence that wasn’t made part of the record at the trial level.

You can’t introduce evidence for the first time on appeal.

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How to Read Legal Statutes …

 

Crystal Ball

Know What the Law Says!

One of the biggest case-losing mistakes is mis-reading statutes.

If you don’t know what the law says, you’ll have a devilishly hard time getting a judge to agree with you!

Statutory language must be interpreted according to well-established “rules of statutory interpretation”.

The rules of statutory interpretation are vital to winning your case.

You need to know how courts interpret what the law makers meant when they wrote the law!

Too many “assume” they know what a statute says, but the only opinion that counts is what controlling appellate courts say a statute says.

Appellate courts apply rules of statutory interpretation. Learn from Jurisdictionary step-by-step

You must learn these rules … if you want to win!

Judges should never be allowed to play games with lawmakers’ words.

Know the rules of statutory interpretation.

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