POINTS OR ATHORITIES?

[BADRAP]

HELLO IAAL,LAWRAT & TRACEY IM STILL TRYING TO UNDERSTAND THE WAY THE CALIFORNIA COURTS WORK.

"NOT AN EASY TASK". BUT CAN SOMEONE TELL ME IF THIS IS CALLED POINT'S OR ATHORITIES OR BOTH?


People v Brown (1986) 179 CA3d 207, 224 CR 476 (decision to move to withdraw guilty plea belongs to client; lawyer cannot refuse client's request to make motion). If counsel refuses to file such a motion, counsel should ask the court to appoint substitute counsel.


I WISH A COULD FIND AN ATTORNEY THAT WILL GIVE ME A CHANCE TO HERE MY SIDE OF WHAT HAPPENED,OR DO AS I ASK OR EVEN JUST
TALK TO ME INSTEAD OF AT ME ETC… OH WELL PS. TO LAWRAT I WOULD TRUST YOU FOR ALL MY CONTRACT NEGOTIATING NEEDS. LOL, I WOULD. BADRAP

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by BADRAP:
HELLO IAAL,LAWRAT & TRACEY IM STILL TRYING TO UNDERSTAND THE WAY THE CALIFORNIA COURTS WORK.

"NOT AN EASY TASK". BUT CAN SOMEONE TELL ME IF THIS IS CALLED POINT'S OR ATHORITIES OR BOTH?


People v Brown (1986) 179 CA3d 207, 224 CR 476 (decision to move to withdraw guilty plea belongs to client; lawyer cannot refuse client's request to make motion). If counsel refuses to file such a motion, counsel should ask the court to appoint substitute counsel.


I WISH A COULD FIND AN ATTORNEY THAT WILL GIVE ME A CHANCE TO HERE MY SIDE OF WHAT HAPPENED,OR DO AS I ASK OR EVEN JUST
TALK TO ME INSTEAD OF AT ME ETC… OH WELL PS. TO LAWRAT I WOULD TRUST YOU FOR ALL MY CONTRACT NEGOTIATING NEEDS. LOL, I WOULD. BADRAP<HR></BLOCKQUOTE>


My response:

A "point" is the argument and discussion that you wish to discuss as your proposition for the way you believe the court should decide. The "authority" is (like you quoted, above) is the law, or the legal reason and decision (something for the court to hang it's hat on) for the court to rule in your favor. Once a published supreme court or appellate court decision becomes final, it is binding on lower courts under the doctrine of "stare decisis." The court uses such "authorities" to follow your logic in your "argument" or "point", so the court can understand why you're arguing the way you need to argue. Using the case authority, cited above, if there is no opposite case, or case that comes closer to your situation that would espouse an opposite viewpoint for the court to consider, the court must follow your authority. This is called "Stare Decicis" - - "The decision must stand."

IAAL


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[This message has been edited by I AM ALWAYS LIABLE (edited June 10, 2000).]

 

[BADRAP]

THANK YOU AGAIN FOR YOUR QUICK RESPONSE MR. IAAL. NOW IT MAKES MORE SENSE TO ME,LOL.