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First, we thank you! We recently purchased, received, and studied your full course. Wonderful!
... Nicholas and Ursula D.
... Douglas, Wyoming
... Douglas, Wyoming
I tell people about your services as though it's the gospel. Your course is answer to a prayer I've had a long time.
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... Houston, Texas
... Houston, Texas
It took 8 years and my representing myself in 5 different courts, but I finally won the rest of my lawsuit in the New York Supreme Court of Appeals. Thank you and God Bless You.
... S. Zito
... Harpersfield, New York
... Harpersfield, New York
Thank you for providing your course to people at an affordable price.
... Pete B.
... Charlotte, North Carolina
... Charlotte, North Carolina
Your course helped me control my grandfather’s useless attorneys to file for rescission of gifts of voting stock. They told me I was wrong. I won by stopping the judge with precedent and a court reporter.
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... Chicago, Illinois
... Chicago, Illinois
Ordered your course. Followed your plan. Other side had 3 attorneys. Cleaned their clock using your methods. Their case came down like a ton of bricks when I proved their elements were not there. Thank you!
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... Springville, New York
... Springville, New York
I WON using your course! My attorney is in trouble! She will not be doing this to anyone else. I praise not only God but you, the ethical attorney God led me to. I'm very grateful!
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... Decatur, Alabama
... Decatur, Alabama
I got to tell you Dr. Graves this course is a real pleasure.
And unlike College there is no pressure and it's just great.
I feel the empowerment coming on.
Best wishes
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... Rock Hill, South Carolina
... Rock Hill, South Carolina
This course is absolutely needed for personal enlightenment and navigating through many difficult situations...it builds confidence to ask the right questions. I refer to it often mentally and visit the site to gain clarity.
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... Depew, New York
... Depew, New York
Another victory! They backed off as soon as they received my demands! You are a prayer answered from the Lord!
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... Dallas, Texas
... Dallas, Texas
Just wanted to say thank you for all the hard work you have certainly put into creating this one of a kind program. I can only imagine how many people it has helped who have taken the time to check into it.
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... Scottsdale, Arizona
... Scottsdale, Arizona
Been fighting 3 collection agencies. Absolutely ecstatic about my victories. Prior to purchasing your fine program, I was just one of the ignorant herd these people prey upon. Your user-friendly course is the best $249 I've spent in a long time. My wife overheard plaintiff's attorney say, "Don't mess with that guy!" Wow!
... Dr. Donald B., PhD
... St. Louis, Missouri
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... L. Price
... Melbourne, Australia
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I will continue to spread the word about your terrific course which saved me tens of thousands of dollars fighting and winning for myself rather than giving my hard earned money to a group of "legal" people who say they have my best interests but would rather play golf and keep putting gas in their Mercedes Benz!
... Arthur W.
... Howell, New Jersey
... Howell, New Jersey
I appreciate you and the very valuable training you offer. I will work very hard to ensure the word is spread.
... A. Whitmore
... Las Vegas, Nevada
... Las Vegas, Nevada
I ordered your course on May 31st, and by June 28th the lawsuit against me was "Dismissed with Prejudice." Many thanks as I was clueless until I reviewed your videos and excellent classes.
... Tracy B.
... Beltsville, Maryland
... Beltsville, Maryland
You tell us thanks but We thank God for His wisdom shining forth through you.
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... Canton, Michigan
... Canton, Michigan
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... P. Bui
... Westminster, California
... Westminster, California
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... Dan C.
... Denver, Colorado
... Denver, Colorado
Thanks. Your course is in a class by itself and a remarkable tutor.
... Sam S.
... Coronado, California
... Coronado, California
Thank you for creating your course, "How to Win in Court", and thank you for providing the content at the level you do.
... Dan N.
... Ranier, Oregon
... Ranier, Oregon
Your Course is GREAT!
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... Simi Valley, California
... Simi Valley, California
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... Annerly, QLD, Australia
... Annerly, QLD, Australia
Won my appeal in the 2nd District Court in Florida because of your excellent course.
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... Palm Harbor, Florida
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I've learned more from you than from any law classes that I've attended.
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... Janesville, Wisconsin
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I have learned more in the last few days than I could have in years on my budget.
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... Alta Loma, California
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... Winchester, Tennessee
... Winchester, Tennessee
Your course helped me win a three-year battle against my former attorney who ripped me off after taking my retainer payment. Thank you!
... Nathan D.
... Los Angeles, California
... Los Angeles, California
I call it "empowering the people" when I preach Jurisdictionary!
... Charlie H.
... Haw River, North Carolina
... Haw River, North Carolina
A guide to the rules attorneys follow in civil lawsuits.
... The Charlotte Observer
... Charlotte, North Carolina
... Charlotte, North Carolina
This course provides a wealth of knowledge in a step-by-step learning format that guides you along AT YOUR OWN PACE. It's like being taken by the hand and led through the vast halls lining the labyrinth of legal procedure and landing the learner safely on the other-side.
... Carl H.
... Knoxville, Tennessee
... Knoxville, Tennessee
I purchased your course and learned more in 6 weeks than you can shake a stick at. The step-by-step study has been worth more than I can ever repay. I will be passing this knowledge along to my five children. Thank you for the Christian values you prove to be at our country's core.
... Ron W.
... Milaca, Minnesota
... Milaca, Minnesota
You are Great, really Great Sir!!
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... Hanover Park, Illinois
... Hanover Park, Illinois
I really benefited from this course. The course is well worth every single penny.
... M. Umar
... Green Bay, Wisconsin
... Green Bay, Wisconsin
Won 4 motions in court yesterday. Wish I had your tutorials a year ago!
... Linda S.
... Roswell, Georgia
... Roswell, Georgia
Thank you so very much for making litigation knowledge a REAL opportunity to take advantage of.
... Charles S.
... Houston, Texas
... Houston, Texas
Your information was an angel on my shoulder helping me through the panic phases.
... D. Christiensen
... Sherman Oaks, California
... Sherman Oaks, California
I have YOU to thank for your wonderful course. I re-hear, re-watch, and re-read the course. The more I do, the more certainty and confidence I gain.
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... Arlington, Washington
... Arlington, Washington
I am more than impressed with your "How to Win in Court" online course. Thank you so much for your willingness to help others by making the course available and easy to understand for a reasonable price.
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... Tahlequah, Oklahoma
... Tahlequah, Oklahoma
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... B. Moore
... White Lake, Michigan
... White Lake, Michigan
Always shall you have my greatest respect and admiration.
... Suzanne A,
... Pittsburgh, Pennsylvania
... Pittsburgh, Pennsylvania
Absolutely! Dr. Graves taught me so much I beat Bank of America, my municipality, and a criminal prosecution. Just from the simple methods he teaches!
... Stephen M.
... Eureka, Montana
... Eureka, Montana
I want to testify to how comprehensive your course is. I was amazed how sound and easy to understand your lessons are. Used your method to force the other side to produce contract they claimed I breached. When they could not, I filed a motion to dismiss their case. They settled. Thanks for your course!
... Joseph R.
... Miami, Florida
... Miami, Florida
I consider you a hero for the course you've produced and the heart reasoning that prompted you to do it.
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... Homestead, Florida
... Homestead, Florida
On 30 January I used what you teach to stop foreclosure. No mortgage. No foreclosure. No note. No foreclosure.
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... Tampa, Florida
... Tampa, Florida
Jurisdictionary has given me the strength and confidence to go before the courts.
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... Mullingar, Ireland
... Mullingar, Ireland
Without your course I would have been another casualty of the system.
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... Wilson, Wyoming
... Wilson, Wyoming
I've learned so much that I decided to run for the U.S. Senate seat here. Your course gives me confidence I can be a lawmaker who knows how law is supposed to work.
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... Cumberland, Wisconsin
... Cumberland, Wisconsin
Won unemployment benefits hearing on my own. Without your Jurisdictionay training, I would not have been effective. The course paid for itself. Your course is a blessing.
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... Los Angeles, California
... Los Angeles, California
Jurisdictionary has given me a greater appreciation of due process. It's amazing!
... Deron B.
... Salt Lake City, Utah
... Salt Lake City, Utah
I won my case in the Alaska Supreme Court against my Borough government in support of local citizens' right to petition government through the initiative and referendum process.
Jurisidictionary helped me understand the concepts necessary to prevail.
... James P.
... Nikiski, Alaska
... Nikiski, Alaska
Thank you for all that you do for us!
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... Highland Beach, Florida
... Highland Beach, Florida
I finally decided to invest in the program and start to learn "How to Win in Court"! Your program saved me. Learning the rules of court make a difference! The HOA dropped the case.
Thank you for everything! I now can start my life over after 10 years of unfounded harassment from greedy people who don't care! The only regret is I did not order your program sooner.
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... Tampa, Florida
... Tampa, Florida
I won $11,000 lawsuit against a bank by using your course. I was amazed how easy it is to understand! It gave me confidence. The bank's case was dismissed with prejudice! Thank you for making a great course. I got back much more than the cost. I got back my dignity! God bless you!
... Reynaldo N.
... Mundelein, Illinois
... Mundelein, Illinois
Thanks to you we are able to get the law in front of the judges and keep them honest.
... S. Rickett
... West Jordan, Utah
... West Jordan, Utah
Thanks for keeping the course going all these years!
... D. Williams
... Port Angelew, Washington
... Port Angelew, Washington
Since learning from your course my life has changed for the better, and I am finally in control of my formerly overwhelming legal problems.
... Harold C.
... Jersey City, New Jersey
... Jersey City, New Jersey
Thank you for your guidance and the time and effort you've put into the American Dream.
... Andrea M.
... Brunswick, Maine
... Brunswick, Maine
I have your course. I wish I had a picture of the opposing attorney when I objected to his attempt to get an affidavit admitted! Thanks!
... B.J.H.
... Pasadena, Maryland
... Pasadena, Maryland
This course has changed my life. I have filed over 6 complaints against debt collectors with over 22 defendants for violations of consumer laws using what you teach in Jurisdictionary and have never lost a case in Massachusetts. Thank you.
... Paul J.
... Staughton, Massachussets
... Staughton, Massachussets
I bought your course. It's great!
... Linda W.
... Golden, Colorado
... Golden, Colorado
We filed a Motion to Strike Sham Complaint, like you show in your course. Two hours later the other side called to report they were dismissing the case! We were so happy we were crying with joy. We won! I cannot thank you enough for making it simple to follow.
... Tyler G.
... Olympia, Washington
... Olympia, Washington
You have broken the course down so anyone can easily learn "How to Win in Court". I knew nothing about court procedure until I took your course. I will recommend and encourage everyone to take your course.
... C. Powell
... Gulfport, Mississippi
... Gulfport, Mississippi
You are changing the world sir. Thank you for creating this great online law school.
... M. Oharu
... Wichita, Kansas
... Wichita, Kansas
I fired my attorney 2 years ago and began using Jurisdictionary. I cornered the plaintiff and his 40 year "experienced attorney" with my demands for discovery and motions. They did not even show up for trial after chasing me 3 years to extort money in a false claim. Case closed.
... T.J.M.
... Bend, Oregon
... Bend, Oregon
I have your course, and it is truly a blessing.
... Debra M.
... Montgomery, Maryland
... Montgomery, Maryland
Best investment ever! My $249 won $216,000! I sued my employer for violating my copyright. More than a few lawyers turned me down, afraid to take on a giant corporation. After nearly giving up, I found your course. You are right. We can win (if the law is on our side) regardless how powerful our opponents may be. Our liberty really is in the law. Your course gives the common man power to get justice!
... Patrick D.
... Olympia, Washington
... Olympia, Washington
Your course recently helped me keep a good kid out of jail. Keep up the good fight! Thank you.
... Michael H.
... South Yarmouth, Massachusetts
... South Yarmouth, Massachusetts
Everyone needs this course.
... Bob R.
... Hobart, Indiana
... Hobart, Indiana
I wish, oh how I wish, I found this information sooner. However, I am well armed now. Your tutorials are my most valuable resource in protecting my rights.
... Adeline F.
... Hanover Park, Illinois
... Hanover Park, Illinois
The case law I took to my attorneys was better than the "unpublished" document they offered as their "case law". They told me I should come to work for them! It all fell into place once I purchased your wonderfully amazing self-help course!
... Kelly J.
... Guymon, Oklahoma
... Guymon, Oklahoma
Got my second win in the U.S. Court of Appeals for the Second Circuit. Thanks.
... Sonny S.
... Brooklyn, New York
... Brooklyn, New York
I ordered your course several weeks ago and am really enjoying the fact that I understand the legal process better than I ever thought I could. Your materials and teaching style are great and very easy to follow.
... Allan D.
... Brainerd, Minnesota
... Brainerd, Minnesota
I have had so many attorneys take my money and leave me without representation. NEVER AGAIN! My family and I appreciate all you do. God bless you.
... Patricia M.
... Birmingham, Alabama
... Birmingham, Alabama
With your course I defeated many collection agencies and their lawyers. Your course is excellent!
... Robert S.
... Kanab, Utah
... Kanab, Utah
A grateful "Thank You" for this excellent course
... Barbara R.
... Los Angeles, California
... Los Angeles, California
Your cause is urgently important.
... William M.
... Northfield, Minnesota
... Northfield, Minnesota
The knowledge I gained from your program has greatly empowered me. I am thankful to you.
... Leah H.
... Front Royal, Virginia
... Front Royal, Virginia
I got my child back!
... T. Taylor
... El Paso, Texas
... El Paso, Texas
You are one in a million!
... Louis D.
... Mesa, Arizona
... Mesa, Arizona
I won a criminal case at trial with two lying witnesses against me. I got Jurisdictionary and learned that law works if it's used correctly. The judge read my memorandum and agreed with me. The most wonderful feeling I ever felt was walking out of that courtroom knowing I won without a lawyer!
... Philip J.
... Albany, Georgia
... Albany, Georgia
The opposing party dismissed their case against me. Thank you for the knowledge and insight you provided through your course.
... Gerald C.
... Tucker, Georgia
... Tucker, Georgia
You are completely brilliant. I have never seen/read anything like this. I am eager to get this information out to help others like me. Thank you.
... Sylvia C.
... Kula, Hawaii
... Kula, Hawaii
I learned more in two weeks with your course than I did in 2 years of paralegal school. I feel empowered! Your great course is clear, concise, and systematic.
... Byron P.
... Lansing, Michigan
... Lansing, Michigan
I have been using your program for four years and have won every case. Keep up the amazing work!
... John M.
... Phoenix City, Alabama
... Phoenix City, Alabama
Escaped a 65 year prison sentence. I owe Jurisdictionary a great deal. Because of you, I was able to control a kangaroo court, well known for its corruption. I was not guilty!
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... Menlo Park, California
... Menlo Park, California
Keep up the great work. Thanks again so very much.
... Ronald G.
... Bellport, New York
... Bellport, New York
I recently purchased your Jurisdictionary course and have LOVED absorbing everything.
... Sharon S.
... Tucson, Arizona
... Tucson, Arizona
I wish I had known about your course years ago.
... Marilyn E.
... Kapaau, Hawaii
... Kapaau, Hawaii
This course is extremely valuable and helped me tremendously to understand how to win.
... Christina W.
... Sarasota, Florida
... Sarasota, Florida
Because of the education received in your course, I stayed on top. Neither the courts nor the bank could knock me out.
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... Arvada, Colorado
... Arvada, Colorado
I bought your course, and it paid off!
... Ruben P.
... Miami, Florida
... Miami, Florida
Anyone would have to be a fool not to take your course. Thanks for revealing the tactics I needed to win! I'm a free man!
... D. Moyers
... Covington, Georgia
... Covington, Georgia
You have helped me a great deal at a time when i could have lost everything i worked for these last thirty years. You have enlightened me with the armor of education, information I never knew I would some day need.
... Milanko, D.
... Lake Geneva, Wisconsin
... Lake Geneva, Wisconsin
Our county officials decided to settle with me when I used Jurisdictionary to take them to the 9th circuit appellate court here in California.
... Pat H.
... Sacramento, California
... Sacramento, California
I have learned more with your course in the past few days than I have learned in the rest of my life, and I am not a young man anymore.
... D. Parker
... Alta Loma, California
... Alta Loma, California
Includes Everything Below
Click Buttons to Preview Contents
- 2.5 Hour Audio Seminar (25 MP3s)
- 5 Hour Video Introduction (53 Clips)
- Sample Forms Fully Explained
- Claims and Causes of Action
Circumstantial Evidence- How to Control Judges
- How to Stop Foreclosures
- Easy Guide and Legal Flowchart
- How to File Defenses with Teeth
- How to Write Effective Pleadings
- How to File Motions & Be Heard
- Courtroom Objections Explained
- How to Use Evidence Rules
- How to Get Evidence Admitted
- How to Force Hidden Evidence
- How to Use Stipulations
- Default Judgments
- How to Win in Family Court
- Summary Judgments
- How to Stay Out of Jail
- Trial Preparation & Procedure
- How to File & Win Appeals
- Online Q&A Forums
- Free Online Legal Research Tool
- How to Do Online Legal Research
- Show Cause Procedures
- Rules of Court Lookup Tool
- Legal Writing - How to Do It Right
- Legal Reading - Avoid Loopholes
- How to Use Legal Citations
- How to Collect Money Judgments
- How to Hire and Control Lawyers
- Common Law Legal Maxims
- Contract Law Principles
- Property Law Fundamentals
- Foundations of Legal Wisdom
- Natural Law - How It Affects You!
- Simple Guide to Rules of Order
- What this Course Will Do For You
- The Trial of Jesus of Nazareth
- Why This Course Exists ! ! !
Main Menu
References
- Real Property
- Real property, as contrasted with personal property (also called personalty), is land together with the buildings and fixtures on the land. The law regarding real property ownership, transfers, rights, and duties is well developed and complex. Items of personal property (such as well pumps, central heating and air conditioning systems, in ground swimming pools, etc.) once affixed to real property so that removal requires substantial repairs to restore the real property to its former condition, are called fixtures and are thereafter treated as part and parcel of the real property in the contemplation of law.
- Interests in real property vary widely from total ownership (called fee simple absolute) to leasehold interests in which ownership is not actually conveyed. Limited conveyances of real property include interests for life, for a term of years, for the duration of some condition, or interests in trust.
- Reason
- The motto of this nation is, "In God we trust." God is truth. God is love. God is reason.
- God is found in court by seeking truth through the exercise of human reason ... not by mere hypothesis or superstitious speculation but by rules that establish truth and protect the innocent against injustice brought about by falsehood.
- Reason guides our courts, reason that refuses to deny the truth of God, reason that trusts in God.
- In court (more than anywhere else in life) reason can be relied upon and truth established. You have a right to demand that reason guide and control your courts so truth can be put on the public record! Let no authority steal this from you. If someone says or does something unreasonable in your lawsuit, you have every right to object and be sustained by the court. If the opposing party takes some action that seems unreasonable, object. If an attorney for the other side does something you feel is unreasonable, object. If your own attorney threatens some action you believe is unreasonable, object (and, if necessary, fire him). If the judge acts unreasonably, demand to be heard objecting on the record.
- Rely on reason. Let common sense direct you. Truth is reasonable, and nothing but truth has any place in our courts. Be informed, however. Don't rush into battle with your mind frozen on one idea. Don't ignore weak spots in your armor. Take time to doubt yourself. Try to poke holes in your ideas. Put your theories to the acid test. Prod every assumption. Dig deep if you want to win in court.
- Ask others. Before you take any action in court, ask your very best friend what she thinks. Listen to her! If she thinks your arguments are nonsense, listen to her! If she thinks the other side is wrong and you are right, you have gained common sense, and reason is on your side. Listen to others.
- Ask another friend, someone who can see both sides of the circumstance. Ask what she thinks about your claims, then listen to her. If she thinks you’re reaching for more than your fair share, listen. If she agrees the other side should be ordered by the court to compensate you for your losses, you have gained common sense, and reason is on your side. Listen to reason.
- Share your case with anyone you believe you can trust. Talk about every matter before the court. Don’t hide your weak points. Share all. See what others think. Ask how they feel. People with whom you share your case are human beings just like judges. If friendly counselors agree with your reasoning, so will good and wise judges.
- Analyze your case before and during court battles. Ask respected people in your community if they think your case is fair. Ask how they think the judge should rule. Tell them the entire story. Tell them all the facts. Ask, "Does this seem reasonable? What do you honestly think?" Then listen. If wise counselors believe your position is reasonable, it probably is. Fair-minded judges, from the highest federal court to the lowest local magistrate, will rule in favor of the more reasonable party.
- Reason rules American courts. This is the highest law of the land.
- That which is unreasonable has no place in courts of justice. That which is unreasonable opposes natural law and the common law of man. That which is unreasonable denies common sense. To support the unreasonable is unethical. No court should ever permit unreasonable verdicts. Unreasonable rule is tyranny that undermines the very security of civilized life for which purpose alone courts are justly established by lawful governments.
- Reasonable men and women should always prevail over unreasonable people.
- Reasonable
- Of or pertaining to the reasonable man, who is controlled by reason.
- There is no better way to define this word. Only by examining the reasonable man can any of us have any hope of agreeing what is reasonable and what is not. That is reasonable which the reasonable man would do or think or say, etc. Anything a reasonable man would not do is patently unreasonable. Therefore, to understand the term properly, one must examine the reasonable man.
- Reasonable Man
- Though some militant feminists might proclaim this an oxymoron, the "reasonable man" is a concept critically essential to the very framework of our civil judicial system. The reasonable man is a fictitious person. In real life there are very few if any persons male or female who could be said to be reasonable in every regard. Our civil law invented the reasonable man to serve as a standard for us all. Either we live up to the standard set by the reasonable man, or the court may find us to be unreasonable. In tort law, for example, negligence may be defined as the failure to act reasonably, i.e., as a reasonable man would act. The reasonable man exercises care not to injure others. To the reasonable man some truths are self-evident. The reasonable man knows the difference between direct facts and imagined conjectures. The reasonable man cares for his neighbor’s welfare. He does not steal. He does not lie. He acts responsibly to others and to himself. He follows the Golden Rule. He is not required to throw his life away attempting to rescue the widow’s parakeet from a marauding cat. He is allowed to exercise self-interest. He is not required to give his money to the poor. He is required, however, to act in a way that will not adversely affect the welfare of others or the welfare of society as a whole. The reasonable man exercises due diligence to ensure that his acts (including his words both spoken and written) do not injure others. The reasonable man sets the stage for civilized governments to establish a system of justice and fair play. What is good for the reasonable man is good for us all.
- Reasonableness Test
- When a judge exercises judicial discretion, the law imposes a responsibility to do so within reasonable bounds. When an aggrieved party believes there has been an abuse of discretion an appeal may be taken to the next higher court to challenge the judge’s ruling based on the reasonableness test, whereupon the higher court is required to examine the lower court’s ruling to determine if reasonable persons could disagree with the ruling. If the appellate court finds that the lower court’s ruling complies with the reasonableness test, it will affirm. If the appellate court finds the lower court’s ruling does not pass the reasonableness test, i.e., that reasonable persons acquainted with the law and facts might have reached a different opinion, the appellate court will either reverse the ruling or remand the case back to the lower court for further proceedings consistent with the appellate court’s findings.
- Recaption
- The lawful taking back of property or persons illegally taken, but without going through the courts, i.e., using self-help to get them back (so long as it is without violence).
- Redirect
- Re-direct is direct examination that follows cross-examination by the opposing party. Re-direct must inquire only into matters already raised. Typically, when a party puts on his own witness, he must constrain his questions to direct questions, i.e., one is not ordinarily permitted to lead his own witness (e.g., "What did you see?").
- Following the initial direct examination, the other side gets to cross-examine the witness, i.e., to lead the witness by suggesting answers within the questions (e.g., "You never saw the contract, did you?") Then the initial party may be permitted to re-direct, i.e., to ask additional direct questions inquiring into matters raised by the other side during cross-examination.
- Relevance
- The degree to which a fact or thing is relevant.
- Relevant
- A thing is relevant if it relates to a dispositive issue, i.e., an issue that can dispose of a controversy and thus decide the outcome of a case or some relevant part of a case. Relevant evidence, therefore, is evidence that tends to prove or disprove a material fact, i.e., a fact that if believed by the court would affect the outcome of a case. All relevant evidence is admissible unless it falls within one of the categories of restricted evidence, e.g., hearsay or privileged communications.
- Relief
- Relief may come in many forms. Relief from judgment, which is to reduce or cancel a judgment. Relief from stay, which is to allow the parties to proceed after the court has entered a stay order. Normally the only person who has authority to grant relief is the judge who has jurisdiction over the matter.
- Relief from Stay
- Relief from stay is sought whenever a court, e.g., a bankruptcy court, has entered an order staying the proceedings. The relief from stay order is obtained by filing a motion for relief from stay. Most commonly, the motion is filed in bankruptcy court where the filing of a bankruptcy petition creates an automatic stay of proceedings in any court where a party is attempting to collect from the debtor in bankruptcy. If the creditor holds a perfected lien (or if the debt arose as a result of a fraud or crime) the stay can be lifted. See Stay.
- Removal
- Removal is the process whereby one obtains an order of the court directing the parties to take their case to another court, e.g., from state to federal court. For example, if a defendant is sued in state court and the case involves interpretation of patent or trademark rights (issues upon which our federal courts have exclusive jurisdiction) then he may move the court to have the case removed to federal court. The state court judge has no discretion to deny the order, because the state court has no jurisdictional authority to rule on issues of patent or trademark interpretation. The case must be removed. As with everything else in court, one must present and make a record with the court that shows he has a proper predicate (i.e., a valid basis in fact and law) to support a motion for removal.
- Replevin
- See Writ of Replevin.
- Reply
- When a defendant files a counterclaim or raises issues not included in the plaintiff’s complaint, the plaintiff files a reply in response to the defendant’s case. The reply is to the defendant’s case what the answer is to the plaintiff’s case, a response to the allegations of the other.
- When a defendant files affirmative defenses with his answer, the plaintiff should file a reply to the affirmative defenses, again a response to the allegations of the other.
- When an appellant files his or her initial brief, the appellee files a reply brief in response, arguing against the allegations of fact and law in the appellant’s brief.
- Repudiation
- The process of refusing to honor the terms of a contract or other obligation. Examples are failure to pay an agreed amount, failure to deliver goods, and failure to perform services bargained for in the contract. See Anticipatory Repudiation.
- Res
- Latin for "thing", usually the thing over which people are disputing in a lawsuit, e.g., a dead person’s estate or a house or diamond ring. The res in a lawsuit is the thing people are fighting about.
- Res Ipsa Loquitur
- A Latin phrase meaning simply, "The thing speaks for itself."
- The phrase is applied in cases where one need not prove a fact (such as the cause of plaintiff’s damage) because the fact is proven by the damage itself.
- In law school we studied a case where a fellow was injured while walking under a window. He was hit on the head by a heavy falling object. The court reasoned that heavy objects do not fall out of windows other than as a result of somebody’s negligence or intention. The injured party won his lawsuit without being required to prove how the object came to fall out of the window. The thing, i.e., the heavy object falling as a result of somebody’s negligence or outright intention, spoke for itself, so no proof was required.
- Res Judicata
- A Latin phrase meaning simply, "The thing has been already adjudged."
- Res judicata is an affirmative defense by which a person sued may respond, "This matter has already been decided by the court and cannot again be litigated." If, in fact, the thing in dispute has already been decided by a court of competent jurisdiction, the issue is said to be res judicata and cannot be re-argued.
- Rescind
- To grant rescission, q.v.
- Rescission
- Rescission is an equitable remedy granted by a court to relieve a person from a contract unjustly entered into. A common example is the relief granted to a mentally incapacitated person who signs a deed giving away her house. Equity rules the law and, therefore, will not permit the wrong to be allowed. By rescinding the deed, it is as if the signature had never been given.
- Most courts require as a condition precedent to granting rescission that it be possible to restore the parties to their status quo, i.e., that after rescission they be in much the same condition as before. This would come into play, for example, if a family member were to get his mentally incompetent aunt to sign a promissory note for $100,000 then spend the $100,000 and later seek to have the court rescind the promise because his aunt didn’t know what she was doing. This would, of course, work an unjust enrichment against the lending institution, so rescission would not be granted.
- Responsibility
- Responsibility is the consequence of duty. Each of us, in exchange for the benefits of living in community with others, owes a duty to all. That duty creates responsibility. Part of our responsibility is to answer claims for damages filed by people who say you injured them by breaching your duty. They must prove the breach, and they must prove the injury (Liability & Damages). If the complaining party can prove both, you lose and are required by government to meet your responsibility by paying the other side for their damages. Responsibility applies to both parties. We are all responsible to each other. It is the purpose of government to enforce our responsibility.
- Restitution
- The act of restoring a person to their former state. Paying for a person’s damages is one form of restitution. Giving back stolen property is another. Restitution is no defense, however, because you cannot give back time.
- Right
- Talk about a difficult word to define! Dictionaries use terms like justice, propriety, law, and morality to define what’s "right" (words themselves defined only in terms of "right") leaving the answer perhaps forever hidden in the human heart.
- Right is not wrong (another word over which there is much unfortunate disagreement).
- One man said right is not left. He made a game of asking children, "What’s right?" Children tried again and again for an acceptable answer. "Right things are never left," he told them.
- Three related words in Spanish are: left, right, and straight ahead. A different view.
- Other words for right and left are dexter and sinister.
- Right is not merely lawful, nor is a thing necessarily wrong because it is against the law.
- Civil courts are ever searching for this truth. Good ones find it. Right results.
- Rule of Law
- Before America was born, men and women were ruled by kings who claimed divine right to rule, kings who changed laws to suit their personal whim. This was considered intolerable by our founding fathers who dreamed of a nation established on the rule of duly enacted laws ... not edicts of arrogant tyrants.
- Humanity lived under iron rule of one form of king or another for thousands of years until that fateful day in Philadelphia, when wise, courageous leaders gathered on the Fourth of July 1776 to institute a new form of government whereby people would rule themselves under law.
- This is what is known as the Rule of Law, i.e., justice administered according to written laws instead of the ever-changing desire of private interest.
- The dream of America is a land of liberty and justice for all. No longer will kings and tyrants rule us. We will rule ourselves, according to the Rule of Law.
- The Rule of Law lives in the hearts of free people everywhere. We know deep inside that each of us is entitled to be treated equally by government, that no men or set of men should be given special favors or powers to rule us beyond the limits of our written law. The Rule of Law asserts that men should not be trusted to govern others unless their rule is just, tempered by fixed laws that prevent tyranny, laws that stop individuals from accumulating wealth by force, laws that keep those in high office from exercising power without restraint, laws that deny majority power to act without due regard for the rights of individuals who are a minority, laws that prevent the powerful from plundering the weak.
- The Rule of Law decrees that Law shall govern us according to the will of the People and not by the will of ambitious men and women in high places.
- The Rule of Law is what our heroes died for in past wars for liberty.
- The Rule of Law is worthy of our highest aspirations and dedicated efforts as a united people.
- This principle that laws should govern instead of men -- laws of our making and not the cruel edicts of tyrant dictators or divine right decrees of kings -- is the bedrock of human justice, the philosophical cornerstone of these United States, and the foundation of hope for all mankind.
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