Legal Question in Administrative Law in California
what are grounds for objection, and why object?
I am trying to win my case for which I could not find an attorney. I am a former student whose university has made a lot of mistakes on his transcript, damaging my GPA. I pointed out the mistakes, but they tell me it was my responsibility to tell them about the mistakes before I graduated -- and now we are in court on a petition for ordinary mandate hearing. They filed their opposition brief. They make a lot of clearly erroneous statements, fail to prove facts that could be easily proven if they were true... so I want to object to such stuff in declarations by their ''experts,'' and even in their statement of facts in the brief based on such erroneous statements, hearsay, etc. What are permissible grounds for objection? I know about ''hearsay,'' ''irrelevant,'' and ''no personal knowledge.'' But what about ''clearly erroneous statements'' i.e. just clear mistakes in facts, and ''conclusions of law'' by an expert witness non-attorney (and where most of the conclusions are clearly erroneous statements of law, given stare decisis on such matters)??? Also, what about arguments based on such objectionable expert declarations and evidence? Can arguments be objected to?
1 Answer from Attorneys
Re: what are grounds for objection, and why object?
You have previously written. You are up on an appeal so the trial court objections as to testimony can not be made. Your case will be submitted on the briefs filed and oral argument, with the judge not inclined to overturn another judge who ruled against you. In general, you can not interrupt the oral argument of opposing counsel; the judge will get mad if you do.
If the statements can be shown to be erronous by the documents or testimony in evidence or by the court taking notice of what the common person knows, point that out in your reply brief. Experts render opinions which are conclusions of fact.
If there still is any time before the hearing, go to the nearest law school and post a brief notice that you need to talk to someone.
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