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How do I make arguments in a courtroom where I state the law instead of presenting po

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P

Palmmane

Junior Member
How do I make arguments in a courtroom where I state the law instead of presenting points of fact?

How do I give arguments/presentments in small claims court that a part of a contract violates the law or that deductions from a security deposit violate the law?

All I can find on the internet is that only issues of facts are presented but nothing on how I can mention that such and such is like this because there's such and such law.

And how do I prove what the law is--I have no idea what they'll require as evidence of what the law is nor do I know if the judge remembers the laws in full detail?
 
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Y

You Are Guilty

Senior Member
Palmmane said:
How do I make arguments in a courtroom where I state the law instead of presenting points of fact?

How do I give arguments/presentments in small claims court that a part of a contract violates the law or that deductions from a security deposit violate the law?

All I can find on the internet is that only issues of facts are presented but nothing on how I can mention that such and such is like this because there's such and such law.

And how do I prove what the law is--I have no idea what they'll require as evidence of what the law is nor do I know if the judge remembers the laws in full detail?
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Google "memorandum of law".

Good luck, you're going to need it.
 
P

Palmmane

Junior Member
Memorandum of Law (legal briefs) from what I can find only are sent to a court when appealing a decision, not for when arguing the normal case itself before an appeal.

So I don't know what best to do in this case.

Basically I mean how do I properly present in court (normal court, not appeals) if a contract violates the law? How do you give evidence of what the law is and present the arguments and that sort of thing?
 
Y

You Are Guilty

Senior Member
CourtClerk said:
Yeah, well. The problem is that you are a lawyer. The OP is not. As you have so well stated.

Good luck. You're gonna need it.
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Every judge I know of just looooves when pro se's come in and proceed to spend 10 minutes lecturing the judge on what the law is (even on the off chance they get it right). It definitely helps sway the court to your side when you start teaching a judge with XX number of years on the bench what the definition of "preponderance" is.

OP, have you considered People's Court, or some similar alternative? You can't lose any money when you do those shows.
 
C

CourtClerk

Senior Member
You Are Guilty said:
Every judge I know of just looooves when pro se's come in and proceed to spend 10 minutes lecturing the judge on what the law is (even on the off chance they get it right). It definitely helps sway the court to your side when you start teaching a judge with XX number of years on the bench what the definition of "preponderance" is.

OP, have you considered People's Court, or some similar alternative? You can't lose any money when you do those shows.
Click to expand...
True story, for the last couple of weeks, I've been helping out in civil court. A litigant jumps up in the middle of a trial and says:

It happens that way on the Judge Joe Brown show! He said you can do that.

I choked on the Halls Cough Drop I had in my mouth just to keep from laughing out loud on the record.
 
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