Apart From a Few Minor Exceptions Did You Know That Public Court Records Are an Open Book?

Public Access to Court Records

Some people have the misconception that court house records are for the sole use of the judge, jury, court house staff or only those personnel having some sort of legal connection associated with the case. This is just not so. Court Records are in fact Public Court Records. Apart from a few obvious exceptions my understanding is that information pertaining to an underage person is often suppressed for their own protection. This is more than likely due to the fact that at a younger age most of us are capable of thoughtless and foolish acts that most would not even contemplate upon reaching maturity. Another example would be when a case is deemed to be damaging to national security and as such the court case records would not be freely available in the average court records search. Other than this, court records are in the public domain and can be accessed by any member of the public with an interest in the case. This has been made possible with compliments of the recent Freedom of Information Act.

Performing a Lookup of Court Records

Records are kept of every case that goes through the court. All the details that may have had any relevance or bearing on the case are logged and filed into the courts computer for the future reference of any individual that may have an interest in delving into it and performing a lookup for court records.

Do your Court Case Records Check as Forewarned is Forearmed

Today many people have a vested interest in knowing a little more about a person than that freely given. By that I mean that by knowing a little more about a person than they give you credit for, may place yourself at a considerable advantage, when it comes to accessing a person's character. If for instance, at some time in the future, you may find yourself in the position of having to put some trust in the person concerned, you would be better equipped to make a reliable decision with access to information concerning that individual's background. With this mind, then, any court appearances that this person may have had some connection with, or more importantly, any case they'd been a party to, would be invaluable.

Things not always being what they seem

Wouldn't it be nice if everybody was as honest as the day is long, always told the truth or God strike me dead and butter really did melt in the mouth of that angel faced baby sitter that you'd just put in charge of your kids for the evening? Unfortunately thing aren't always how they look at first glance and, though something of a rarity, some people are not only dishonest, but are downright nasty with it.

Protecting yourself with a Search of Your Local Court Records

Protecting yourself with a court records search As society changes, so we have to change our tactics to protect ourselves and others who rely on us for protection. This is why a little foresight goes a long way in our guide to making the right choice the first time.

If you'd like to allay your concerns and know a little more about so and so, visit http://abackgroundcheck.net/ that boasts the Latest Public Court Records Check Search Engine. It's not hard to do. Can you trust that guy or what? Find out for sure Here.

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Probate Issues (1 of 5) - Will The Probate Court Investigate The Improper Actions of The Executor?

When the executor of the estate delays on administration or does things which some of the heirs think is wrong, can the heirs call or write the court to have the court look into it?

As a general matter, under Minnesota Law the court usually will not intervene in most probate cases.

For the most part the Probate Court is not an investigative and enforcement arm of the government. In other words, when a loved one has died and there is a probate case under way, the other family members should be proactive and not hope that the probate court will automatically look out for their rights for them.

Think of the probate court as a tribunal that will decide the cases that are presented to the court. The judge will hear from the heirs or their attorneys when disputes arise. The judge will then issue his or her ruling and the probate will proceed.

There are some exceptions to this general rule. For example, when there are heirs who are under 18 years of age or when there is one or more beneficiaries who are mentally or physically disabled, the court will often exercise more supervision.

Also particularly in formal probate proceedings, the court may order hearings when the executor is delinquent in providing reports to the court within the time limits.

Furthermore, when the deceased person or that person's spouse has received public assistance during their lifetime, the probate court will often take a more assertive role.

Despite these exceptions, for the most part, the probate court will not provide supervision of the duties of the executor unless the family members bring the particular problems to the attention of the court.

In another article in this series, I talked about the fact that the attorney for the executor is not the lawyer for the family and the estate.

The take-away that you should get from these video/articles is that it pays for the family to be proactive. Do not depend on the executor's attorney nor the probate judge to be actively looking out for your best interests.

You should review the inventory, final accounting and other documents and insist that the executor does his or her duties properly and on time. I hope you trust the executor but you should still be vigilant. It brings to mind an old saying that I am fond of: "I trust my brother but I still cut the cards." If you have questions or concerns about the probate or how it is being handled, it is often wise to consult with an experienced probate attorney.

Bill Peterson is a Minnesota Probate Attorney with over 40 years of experience as a lawyer. His firm, Peterson Law Office, is pleased to help sort out the intricacies of Minnesota Probate. For more information, please visit http://www.mnprobate.com/ or call toll free at 1-888-910-5297.

The contents of this article are for information only and is not to be interpreted as legal advice. For personal legal advice you should consult with an attorney who is experienced in probate law or estate planning.

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Legal Interpreting: 8 Facts to Know About Court Interpreters

In order to preserve a sense of fairness in a multilingual society, the U.S. court system has incorporated an official code of conduct for those working in the legal interpreting profession to follow. Legal interpreters are extremely important as they aid those with limited English proficiency (and/or the hearing impaired) in order to access justice. Though there may be discrepancies from state to state, there are core principles that every court interpreter should abide by.

In order to fully understand legal interpreting and what it will be like to work with a court interpreter, there are a few things you should keep in mind:

1. Were rarely employed in the past. It used to be the case that legal interpreters were only appointed in very rare cases, which left those who were not able to effectively communicate in English to struggle. Thanks to the Fourteenth Amendment, interpreting services for limited English-proficient and non-English speakers are essential in order for justice to be served.

2. Stress importance on accuracy over clarity. A legal interpreter must remember to always accurately interpret what is said in court and preserve the tone, inflection and emotions of the individual speakers, all the while speaking clearly. This means even if slang, obscene or colloquial language is used, the court interpreter must express those words. It is not a part of legal interpreting to simplify statements in cases where two parties don't speak at the same language level.

3. Avoid unnecessary conversations. A neutral attitude must be maintained by legal interpreters at all times in the courtroom. Therefore, it's best to avoid unnecessary conversations with them in that space.

4. Constantly learning. A court interpreter not only strives to improve their knowledge of language, but also that of law. They aim for fluency in legal diction, but are allowed bilingual and legal dictionaries to reference back to while in court.

5. Trained to blend in. Legal interpreters should be on time, dressed in business attire, have a sense of familiarity with the courtroom, and speak clearly. Other than that, they are to remain in the background and be as out of the way as they can possibly be.

6. Prepares for each case. It is usually required that legal interpreters review all materials provided by legal counsel in order to be prepared for an assigned case.

Some of these documents may include:

-Charges
-Police reports
-Official complaints
-Interview transcripts
-Indictments

7. Uses first person. Legal interpreters should firstly be comfortable with the mode of interpreting chosen by the court. Once they have identified themselves to the court, legal interpreters are usually expected to speak in first person when they are interpreting for non-English speaks who are giving their testimony.

8. There is little margin for error. If they sense the quality of their work may decline due to something such as fatigue, interpreters are expected to inform the court. If they suspect they have made an error while in court, they must correct it immediately. If they suspect they have made an error after the testimony, they must ask for a conference with the judge to explain and correct the error in the record. If a court interpreter shows a lack of proficiency or preparation, or is unable to perform their job due to trouble understanding the speakers or finding the correct legal terms, they will be asked to withdraw from the case.

Affordable Language Services is a Cincinnati legal transcription service. In Cincinnati and across Ohio, they provide translating and interpreting services for other industries as well. Learn more about the company on their website at http://www.affordablelanguageservices.com/.

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Business Pays for Court Delays

It's no secret that the California budget crisis has had, and will have, far-reaching implications for communities and businesses around the state. As legislators continue to struggle to close budget gaps, their actions are resulting in significant consequences for the legal community.

Serving 9.5 million people, the Los Angeles Superior Court is the largest trial system in the nation. But because of California's economic crisis, it faces a $79.3 million budget shortfall for fiscal 2009-10. In an attempt to balance its budget, the court has laid off more than 5 percent of its staff and closed 16 courtrooms. By September, an additional 500 court employees will lose their jobs and 50 courtrooms will be closed. Court officials further predict that, barring a significant economic recovery, over the next two and a half years, the LA court system will see a 34 percent reduction in work force, and the closure of more than 180 courtrooms and about 9 courthouses.

As the court's presiding judge aptly stated, "'The rainy day we planned for turned into a tsunami."

These drastic cuts are increasing the likelihood that California will violate its own "fast-track" rules.

Ten years ago, the average time for a civil lawsuit to be called to trial was as much as five years! Obviously, the longer it takes for a case to be heard, the more costly it becomes. In response, more efficient fast-track rules were created and the wait for trial reduced to about 16 months. These reforms were welcomed by the LA business community since they reduced litigation costs and helped enhance the city's business environment.

But with the current budget crisis, we're already seeing lengthened time to trials, and court personnel are predicting that the time from filing to final decisions in civil cases may stretch to more than four and a half years!

Although there is little the legal community can do to solve the budget crisis, there are levels of professionalism and degrees of integrity to which lawyers must adhere during these uncertain times; as fallout from the budget crisis continues to negatively impact these fast-track rules, the opportunities for litigants and their attorneys to exploit the system for their personal advantage are growing.

Fast-Track Rules

For example, fast-track rules require a one-year disposition of most cases. Whereas this important role has yet to be officially suspended, some judges are bending it in light of their much heavier case loads, while other judges continue to set earlier trial dates to conform to the fast-track case disposition deadlines.

However, increasingly, the courts lack the staff needed to timely schedule and hear all necessary prelitigation matters before the trial date. These can include discovery and summary judgment motions, key steps in the litigation process. Many courts are now experiencing as much as a four-month delay in setting such pretrial hearings. Indeed, some litigants are reporting they must forego discovery and other proceedings as a result, thus further compromising the integrity of the system.

Judges bending these fast-track rules allow both parties time needed to prepare for trial. However, if lawyers in a court that still pushes a fast-track time line choose to refuse to comply with discovery - choose to withhold discovery unfairly - thus benefiting their client, they likely face little or no recourse.

This may temporarily serve their clients, but it does not serve justice.

While criminal courts have strict due-process concerns, civil courts must also comply with minimum right to due process as well. At some point, the cutbacks combined with fast-track requirements will impinge on civil due-process rights.

Equally unacceptable are those lawyers facing increasingly significant delays in court who attempt to file unnecessary motions to further push out the time frame of a judgment where their client is likely to lose.

The effect of the economic crisis on the judicial system is just beginning to be realized. But the results will be felt for years to come. According to a recent economics study by Micronomics Inc., the present budget allocation reduction for the judicial system will, over the next four years, cumulatively damage the state and local economies by nearly $30 billion, lead to more than 155,000 lost jobs, and reduce state and local tax revenues by approximately $1.6 billion, further braking the much needed economic recovery both locally and statewide.

Officers of the court have a rather simple choice in these unsteady times; work within the system fairly and with integrity for everyone, or manipulate it to their and their clients' advantage. At some point, I hope my fellow attorneys recognize that manipulating our system, particularly when it is already stressed, may ultimately defeat our collective efforts to revitalize L.A.'s economy as a thriving and productive business center.

Robert Heller is a Century City business litigator with an emphasis on shareholder disputes.

Originally published in Los Angeles Business Journal. May 10-16, 2010.

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How To Handle Your First Immigration Court Hearing

Well, your first hearing in immigration court is finally here. This article will give you tips and a quick overview of how your first hearing will likely go.

1. You must arrive early. Nothing will get an Immigration Judge (IJ) more upset at you than not being there on time. Worse, failure to show up to any immigration court hearing will likely result in you being ordered removed (deported). If you are going to arrive late or not at all to court due to some unforeseen (death or serious illness) circumstance, be sure to document your tribulations, in the form of a doctor's note or police report, to show the IJ and explain why you failed to show up. Also, make sure you speak with an immigration attorney immediately to see about the possibility of reopening your case.

2. If you avoid the countless hazards and arrive to your court hearing on time, be sure arrive to the correct courtroom. If you are unsure which court room to go to, be sure you go the immigration court clerk's office as soon as possible. If your hearing is being held at the Los Angeles, CA immigration court, you can go to the 15th floor and ask the receptionist there. You can also call the immigration court number at 1-800-898-7180 and when prompted enter your "A number," (alien number). Your A number is a 8 to 9 digit number, preceded by the letter A.

3. Because of the backlog of immigration cases, there are often several dozen people packed into small courtrooms, with many waiting outside. Arriving early will help to secure a seat in the court room. When you arrive to court, you will likely see a judge's bench at the far side of the room, a clerk checking in attorneys and non-citizens next to the bench, and two tables facing the judge. At one table, there will be an attorney representing the Department of Homeland Security (DHS). This attorney's job is to remove (deport) all removable aliens from the United States. In this setting, he or she is not your friend so this is one lawyer you probably don't want to confide in. The other table will be for you and, if applicable, your attorney.

TIP: Make sure you check-in with the court clerk when you arrive as the court will not know you are there otherwise. However, be careful about checking in with clerk once court is in progress. Some IJs will not allow you to check-in while he or she is on the bench.

4. When your name is called, get up and walk to the table set for all aliens. The court will usually refer to you, the non-citizen, as the "respondent," since you have to answer to respond the "charges" in the "notice to appear," also known as the "NTA," the document that ordered your appearance in the immigration court.

5. The IJ will ask you if you need an interpreter and, if so, which language. Then, the IJ will ask you to stand up, raise your right hand and make you swear in. Say "I do." The IJ will then ask you to take a seat. The IJ will then ask you about where you live and your real name. If the court has the wrong address because you recently moved, it's incorrect, etc, the court will ask you to fill out a blue change of address form. The court will likely also want to know if you have a copy of the notice to appear. If you do not, be sure to ask the court for a copy.

6. After reviewing your file, the IJ will explain to you that the proceedings are meant to determine the validity of the charges the DHS has brought and, and if true, whether there is any way, under the law, you can stay in the country.

7. If you are unrepresented, the court will let you know that you have the right to legal representation that results in no cost to the government. If you want to get an immigration attorney, ask the court for a continuance. I have yet to see an IJ deny a respondent (alien) a continuance to obtain an attorney at the respondent's first appearance in immigration court. The court will also likely let you know about the list of free immigration attorneys in the area, available through the Executive Office of Immigration Review (EOIR).

8. If you are represented, the court will likely ask you whether you want Mr. or Mrs. (insert your attorney's name) to represent you. If you answer yes, that will likely be the last time you talk in court unless, of course, you want to talk and your attorney thinks that is a good idea.

9. Represented or not, at the conclusion of the hearing the court will give you written notice of the next hearing and advise you the consequences of not appearing to the next hearing. Make sure you calendar this hearing and do not forget to show up. The IJ will likely want you to have your "pleadings" next time, that is, whether or not you will admit or deny the charges in the notice to appear (also known as the "NTA"). Once you have the notice, get up and walk out of the courtroom.

Congratulations! You're done!

Law Office of Rogelio V. Morales
11801 Pierce Street, Suite 200
Riverside, CA 92505
Phone: (951) 710-3039
Fax: (951) 710-3001
rvm0311@gmail.com

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Bono, Cher, and the 'Seven Dirty Words' At the Supreme Court

The "Seven Dirty Words" precedent, FCC v. Pacifica Foundation (1978), allowed the Federal Communications Commission hit the broadcasters up with heavy fines for airing profanities. On January 11, 2012, the U.S. Supreme Court has heard oral arguments regarding this case.

The 1978 precedent notwithstanding, prior to 2003 the FCC had largely given broadcasters a free pass for one-time uses of live unscripted profanities. For example, Fox was not fined when singer Cher dropped the F-bomb in her lifetime achievement award acceptance speech in 2002. The FCC did not fine Fox for a similar incident with a reality-show personality Nicole Richie.

Bono, however, was the straw that broke the FCC's back in 2003, when he explained on air how "really, really f---ing brilliant" it was for him to win that year's Golden Globe. The broadcaster was sanctioned, and in the same year, ABC and its affiliates were fined $1.4 million for showing bare buttocks of actress Charlotte Ross in an episode of "NYPD Blue." ABC tried defending itself on the ground that there was no frontal nudity and bare bottom is not a "sexual organ," therefore, the ambiguous FCC policy should not cover Ms. Ross's buttocks.

In a 2007 ruling that Bono would probably call "f---ing brilliant," too, the Second U.S. Circuit Court of Appeals in New York finally agreed that the current FCC policy is unconstitutionally vague and sent the FCC back to the drawing board. Today, the Supreme Court again attempted to balance the FCC's right to regulate air against broadcasters' rights to free speech and due process. The broadcasters argued that the FCC rules are burdensome and unpredictable. For example, the FCC punishes particular vulgar language in some shows but not in the movie "Saving Private Ryan." Allowing the FCC to use its own artistic judgment instead of clear legal standards that apply to everybody can be viewed as a form of censorship that chills protected expression. The pro-regulation side pointed out that the rules only apply between the hours of 6am and 10pm, when children are more likely to be watching, and the networks are free to be as indecent as they want outside of those hours. This, of course, is not good enough for broadcasters, because it includes the prime time hours.

Justice Sonia Sotomayor is not taking a part in the proceedings because she served on the Second Circuit Court of Appeals when that court considered some of the issues. The Supreme Court decision in the present case, FCC v. Fox Television Stations, 10-1293, is expected this summer.

San Diego business Lawyer Sergei Tokmakov. Call now (858) 205-5665 with any questions regarding your case or visit his website for more - free business law updates.

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Court Upholds Validity Of Oral Contract After Lengthy Process

A verbal agreement may seem to be a more cost-effective and simpler alternative to drafting a written contract. It may also appear to be a way to test the received goods before signing a written agreement. However, a written contract can be more readily enforced than an oral contract, and the breach of an oral contract may take much longer to settle.

The law requires that certain kinds of contracts, like contracts for the sale of goods over $500.00, be in writing. When such contracts are not in writing, they may only be enforced in limited circumstances, such as when the party resisting enforcement of the contract admits that a contract was made or there is other evidence sufficient to show that the parties intended to make a contract. These legal rules determined the outcome of a recent Illinois Appellate Court case. In that case, the defendant allegedly made a verbal agreement with the plaintiff to purchase equipment and the rights to work at certain events for a concession business. The defendant made a down payment while they waited for the approval of a bank loan for the rest of the $150,000 purchase price. Following a season of poor business, the court reported they returned the equipment without having paid the full purchase price. The plaintiff claimed that the defendant had breached the oral contract. Their claim was denied by the trial court, which found that there wasn't enough evidence to establish that a contract had been made. However, the appellate court overturned the trial court's ruling, concluding that an offer to sell the concession business had been made by one party and accepted by the other.

During the trial, one of the defendants purportedly admitted that a contract was made between the parties, and the court concluded that they had clearly breached the agreement. If there is no clear written contract, many times the court will have to look at the statements made by the parties and their conduct to determine whether a contract exists and what the terms may be. This process places both parties at risk of potential loss of the case depending on the facts which can be actually proven in court and the court's determination of the admissibility, credibility and importance of the evidence presented. As shown by this case, a disputed situation which might be capable of a simpler resolution may evolve into protracted and expensive litigation if the rights of the parties are not clear.

A written contract helps remove doubts concerning the content of an agreement and the intent of the parties to enter into a contractual agreement. You should understand that a verbal agreement involving an offer and acceptance can be legally binding but can ultimately be more complicated than a written agreement. It is always advisable to consult with your attorney and draft a formal, written contract to be signed by all parties involved.

This article is intended to present general information for educational purposes, is not legal advice and should not be relied upon in connection with any particular matter. The reader is advised to immediately retain their own separate legal counsel with respect to any specific legal issue. Rights to bring a claim will expire through the passage of time by the applicable statute of limitations.

Ralph E. Elliott practices law at Law Offices of Ralph E. Elliott, A Professional Corporation which is comprised of Attorneys in Freeport, Illinois who have over 34 years of experience including an Estate Planning, Elder Law, Business and Personal Injury Law practice. The firm is situated at 1005 W. Loras Drive, Freeport, IL 61032 which serves business, individuals and the agriculture community in Northwest Illinois.

©Law Offices of Ralph E. Elliott, A Professional Corporation 2012.

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Pro-Se: How to Win Your Court Case Without A High Priced Attorney With The Revealed Rules Of Law!

Are you considering hiring an attorney for a civil or criminal case? If you are, you have come to the right place. Going pro-se should be one of your first considerations before you hire an attorney.

First, what exactly is a pro-se?

Pro-se legal representation means advocating on one's own behalf before a court, rather than being represented by a lawyer. This may occur in any court proceeding, whether one is the defendant or plaintiff in civil cases, and when one is a defendant in criminal cases.

Pro-se is a Latin phrase meaning "for oneself" or "on one's own behalf". This status is sometimes known as propria persona (abbreviated to "pro per"). Source Wikipedia.

My wife and I were forced to go pro-se when the unscrupulous attorneys we hired chose to be compromised, meaning they were acting in the best interest of the opposing side. This is also known as attorney misconduct. This was after twenty one thousand dollars had been given to these leeches and nothing to show for it after almost 2 years, not even a court date! Plus, after we fired them we found out that depositions had been set up for us and we were not told. If we had not found out to postpone the depositions it could have jeopardized the case. Worse yet, if the depostion dates had arrived without our knowledge and we didn't show up it could have resulted in our case being dismissed. When I fired these attorneys we were thrown into the position of pro-se.

We had no clue what that meant other than we were representing ourselves. Where did we go wrong? We put our trust in our attorneys who had a fiduciary duty to us. That was the first mistake. The second mistake we made was not knowing what they were doing or keeping up with them. Our first clue should have been when we received our bill and it was not itemized.

This came to our attention only after we were pro-se and because of their actions our case was almost lost. We were frantic not knowing what to do and the opposing attorney knew we did not have a clue where to begin nor would he allow us to get representation before he started to attack us.

In our desperation we scoured the internet on what to do. We came upon a course that promised it could show us the ropes. We debated for several days and decided we had no choice but to buy it. This was the first right decision we had made.

We knew our case inside and out but did not know how to convey it and what procedures to use. Meanwhile, the opposing attorney started a flurry of motions to bog us down. We were forced to go to depositions by ourselves. We were not allowed time to try and get new representation. The opposing attorney was trying to take advantage of us but couldn't because we started learning the ins and outs of the legal world just as fast as we could read and study in the new legal course. The course was very straight forward and accurate.

The opposing attorney was guilty of misconduct over and over again with outright lies that he would send to the court, and judge. We would respond to his false accusations each and every time he made them against us by filing the rebuttals in the court files. You have every right to do this, as well as address the judge.

The course we were taking was working and frustrating the opposing counsel to no end. The attorney had someone come to our door at home, which is prohibited. The attorney's actions were filed with the court.

The attorney filed for a hearing for our case to be put back to the real estate commission and we won the hearing, to their embarrassment, which took all of four minutes. When we asked for admissions, a form of discovery. He then threatened us with a protective order which he had no right doing and we called him on it. He was forced to back down. This was a well- established, insurance attorney with over twenty years experience! If it had not been for the pro-se course we would have lost by a technicality!

Many attorneys will lie and cheat when they have no defense for their clients. We were then hit with a frivolous counterclaim, which they did not serve us with as is procedure. That means it was null and void. But we called him on that, as well. The frivolous lawsuit was thrown out by the judge at another hearing before the trial.

The first thing you have to realize is that rotten attorneys are not going to change and they will continue to get away with it if you do not know the law. The best defense is knowledge.

If we can figure it out, anyone can. We learned how to overcome corrupt attorneys. We learned how to control and call the bluff of corrupt attorneys. We were taught how you can control what happens in the courtroom. We learned appellate procedure. We know the little guy can win. We know how to use the rules of law.

We were given a lawsuit flow chart to know exactly what is going on at all times. We know how to use previous appellate and supreme court decisions to prove our case. We were given free forms for pleadings, motions, and discoveries. We also were given the ways to find and contract with an honest attorney.

Very simple and straightforward, hidden information is now revealed to take the mystery out of the legal world. If you know where to go to find the laws laid down for your protection, you gain great power and the legal mystery is taken away. Whether you decide to go Pro-se or hire an attorney, this course is a must. You need to know what is going on at all times so you will come out the winner.

Don't let the other guy win by technicalities. In my opinion, this should be taught in all high schools. What good are the laws for the people if you do not know how to use them? You owe it to yourselves to check out this site. The very best to you. http://tommcinnisreviews.weebly.com/

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Why Sometimes Good Court Cases Are Lost?

You are the plaintiff. You think you have a very good case. Your relatives and friends tell you that you can never lose. It has been the experience of this author that sometimes good cases are lost due to the following ten main reasons.

Failing to prepare
Preparation is one of the keys to a successfully court outcome. This means meticulous preparation from start to finish- gathering documents, preparing witnesses, organizing your documents, submitting expert reports, complying with the rules of procedure. Knowing what to submit and what to leave out is the key.

Overconfidence
Confidence is a good thing, but overconfidence can give you a false feeling of security. It is a good thing to be humble with your case and to be a little nervous about it. Being a little anxious will prompt you to do what is necessary to ensure that you improve your chances of success.

Having unreasonable expectations
This may relate to overconfidence but has an aspect on its own. If you expect to get a million dollars and your case is worth only $1,000.00 you create an image of you of someone who is greedy and unreasonable. It's one thing to want to be compensated adequately for your losses and damages and is another thing to have unrealistic demands that will portray you as a greedy individual.

Failing to have a theory about your case
You did not go to law school, but you probably learned that every case must have a 'theory', which means you have to be prepared to make persuasive arguments about logical and probable reasons that caused a particular situation to exist.

Suing the wrong person
If you sue the wrong person, you may end up empty-handed. If you suspect someone may be jointly or separately liable for your damages and losses - even in an insignificant way - joint him/her/it in the action.

Suing after the limitation period has lapsed
Be cognizant of the limitation period that applies to your case, for if you wait too long, your case may be dismissed. The issue of limitation periods tends to be esoteric, and legal advice is highly recommended.

Not sufficient evidence
You may have a good case, but if you do not have sufficient evidence to satisfy the judge or the jury, then your case will be dismissed. What is sufficient? Every case depends on its own facts. Sufficiency usually means adequate evidence to satisfy the onus on you to prove your case on the balance of probabilities (for civil cases).

Moral right versus 'legal' right
Just because someone is morally wrong for something done to you, it does not necessarily mean that he/she also liable to pay you something for that wrong. The wrong complained of must belong to a category of wrongs recognized by law.

Focusing on the wrong outcome you want to accomplish
You must know what you want. If you sue for the wrong remedy, you will not get what you really deserve. Thus, before you sue, make sure you know what exactly is you want to accomplish.

Failure to mitigate your damages
Even if you have the law on your side, this does not mean that you are automatically entitled to receive any amount you ask. As a plaintiff, you have a duty to mitigate your losses, which means you must take steps to minimize your losses and maximize your benefits under the circumstance instead of doing nothing and expecting the wrongdoer to compensate you for 'everything'.

Tips and Information for Self-represented Litigants
http://www.self-represented.com/
Tel: (416) 465-9955 Fax (416) 465-8114
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email:info@self-represented.com

© Andreas Solomos, Barrister & Solicitor. All rights reserved.

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About to Take Your Case to Court?

Eleven Ways to Improve Your Trial Skills

In other pieces we've discussed how to prepare for trial by organizing all your information and by creating a trial notebook. But as you well know, there's a world of difference between being organized and truly being ready. Once you step into court, organization helps, but winning depends entirely on how well you've honed your T.R.I.A.L. S.K.I.L.L.S.:

Toastmasters - Improve your public speaking abilities and confidence. The more you speak in public, especially in front of seasoned speakers who can constructively critique your style, the better you'll be in a trial setting whether questioning a witness on cross examination or delivering your opening or closing remarks.

Rest, Diet, and Exercise - Feeling and looking your best can sway a jury. More importantly, your energy levels will dictate how well you can focus on your case and keep up with the pace of trial.

Image - Visit an image consultant since people really do judge a book by its cover. How do you come across to others? As a together winner or as someone who's totally out of their league? Sad to say, but you'll be sized up by opposing counsel, the judge, and the jury based heavily on your appearance.

Analytical Thinking - Work puzzles or play chess to exercise different parts of your brain. You may know all applicable legal statutes and precedence by heart, but unless you can organize your thoughts to know which facts to whip out at the right moment, or how to convince a jury by logic alone, your court room results may be less than stellar.

Law Courses - Constantly brush up on the core of your profession. Logic and organization are only as good as the subject on which they're focused. Always stay abreast of legal issues, case law, statutory law, cases adjudicated or pending in higher courts, and current and pending legislation.

Software Tutorials - Technical skills are as useful in court as any reasoning skill. Keep up with the software and hardware you'll be using and know how to handle those inevitable curve-balls your computers and software packages will throw at you at the worst possible moment.

Know how to Debate - Trial is an organized argument; a debate. The better you are at understanding the opposition's position and approach, the more successful you'll be. Provided, of course, that you can organize your side of the debate into either a presentation of facts or a persuasive oratory. Many metro areas will have a debate club. Though some might consider this a "nerdy" activity, keep in mind how much your enhanced skill set can add to your bottom line.

Investigation Courses - The more you know about the investigative process the better your understanding of the case itself. Though you should generally outsource full investigations to licensed and experienced investigators, you're the one that will be in charge in court. The better your "detective instincts" the better you can spot the flaw in the opposition's case, read jurors' body language, or detect deception in a witness.

Legal Assistance - In his book "The Tipping Point," Malcom Gladwell pointed out that in general, people who spend 10,000 hours or more practicing a specific activity become expert in that activity. One thought here is to spend time volunteering to help the indigent. The more time spent in court the better you become, so pro bono work really does have its benefits.

Libraries - Spend more time reading in general. This works different areas of your brain and keeps your thinking sharp. In fact, reading good mystery novels helps keep the analytical portions of your thinking young and energetic. Reading is great, but the other side of that coin is writing. Take a creative writing class if you can find the time. Not only does it help keep your reasoning razor sharp, but it will help with your written presentations to the court, handouts for the jury, labeled visuals used in trial, and any number of areas where your written word might as well be etched in stone.

Sales Training - A presentation in a court of law is a sales presentation pure and simple. You want to sell judge and jury on your client's position with a combination of facts and persuasion. One great way to develop that particular skill set is through salesmanship training. Most metro areas will offer courses. Check leisure or continuing education guides for your location.

For no-cost, no-opt-in copies of our ebooks "The Trial Notebook" and "Case Management 101" visit our home page at http://www.theattorneycasefile.com/. Copyright 2011 - Paul Purcell. Permission is granted to share this article with others provided all portions remain attached and intact and include source information.

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Famous US Court Cases

The United States has been home to numerous famous and influential court cases through the years. Our legal system has set precedents that not only continue to influence our laws and court cases, but those of countries around the world. What then are some our most famous court cases? Which of our cases attracted attention either because of the precedent they set or because they became media circuses? Here are some of the most famous cases and trials in United States History.

Amistad Trials (1839 - 1840)

Since Steven Spielberg made a movie about it it's fair to assume that most people are at least passingly familiar with the case. For those that aren't familiar, the Amistad Trials center around a Spanish schooner, the eponymous Amistad, that was carrying slaves from Havana to Puerto Principe in Cuba when the slaves revolted and killed nearly all of the crew.

Eventually the boat was stopped by an American ship near Long Island after the two remaining crew members took the ship up the US coast instead of returning the slaves to Africa as they had wanted. This led to not one but two trials regarding the status of the revolting Africans.

After two trials, including one in the Supreme Court, it was determined that since the ship was Spanish in origin and since the slaves were kidnapped form Africa and not plantation-born as had been claimed (it was illegal to import slaves to the US from Africa at the time), that they were to be set free and returned to Africa as the US had no jurisdiction over them or the ship itself.

Impeachment Trial of Andrew Johnson (1868)

Johnson became president after the assassination of Lincoln with many in Congress who opposed Lincoln hoping he would represent a change in policy, especially in regards to the South. Within three years they would come within one vote of removing him from office.

Years of contentious relations between Johnson and Congress, including vetoes, the overturning of vetoes, and the suspending of Cabinet members, led the House to impeach Johnson by a vote of 126 to 47, citing the Tenure of Office Act, and Johnson's perceived violations of it, as the main cause.

Over the coming months both the Senate and President's legal representatives would debate the case, with the vote finally coming on May 16, 1868. By one vote, cast by Senator Edmund Ross, was Johnson spared being removed from office. Less than a year later Johnson would be replaced by Ulysses S Grant in an election. The fact that he was impeached mere months before he could have been removed from office by the people without legal action was not lost on some members of Congress.

Will Fitzcairn has a long interest in the law and attorneys, including Richmond business attorneys and Richmond divorce attorneys. To learn more about these types of law and others, visit Meyer, Goergen & Marrs at: MGM-Law.com.

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