101 Things I Learned® in Law School

Establishing a causal consequence: As a result, Because, Consequently, It follows, Since, Then, Therefore, Thus

Ways to discredit a witness Bias: Show that the witness is testifying under an immunity agreement or plea bargain, has a personal relationship with someone involved in the case, or is being paid for expertise. Contradiction:

As it could not be shown that the parties had agreed to the same thing, there was no meeting of the minds and therefore no binding contract. The court ruled that Wichelhaus did not have to pay for the cotton.

But one may sometimes cite an unpublished decision from another jurisdiction to persuade the court to decide in one’s favor.

Attorney-client privilege forbids a lawyer from disclosing certain communications made with a client—when those communications were intended by the client to be confidential—to anyone else without the client’s permission. However,

In a few types of civil disputes, the defendant bears the burden of proof. For example, a customer sued by a utility provider for nonpayment may have to prove that the bill was paid, or provide a convincing justification for why it was not.

Even the most inventive, aggressive, and original legal argument is constructed upon that which came before—prior court cases, constitutions, and existing statutes and regulations.

When in conflict, people rarely act from a rational, logical center.

If the law is in your favor, pound the law. If the facts are in your favor, pound the facts. If neither is in your favor, pound the table.