Plagiarism in Court?

[Fobbed-Fodder]

Hi Soc,
Hope all is well

Basics;
Divorce/custody,
Washington State,

I recently found a very good Washington Supreme Court published opinion that I want to include parts of in my case.  I believe this opinion completely de-bunks the primary caregiver presumption argument.

It is very supportive in clarifying Washington Statutes – Construction – Legislative Intent – Legislative History and in interpreting the statutory language and;

That certain principles of statutory construction apply because the Washington Parenting Act of 1987 is subject to more than one reasonable interpretation, the Washington Parenting Act is subject to judicial construction.

This is the opinion, please take a look.
[121 Wn.2d 795, P.2d 629, MARRIAGE OF KOVACS]

This opinion, I believe, is so important that I want to use approximately 80% of the text in either a declaration or memorandum written by me as a draft for my attorney to further expand upon.

This saves money for me, and time for my attorney and is an established norm between us.

I do plan on citing parts of this opinion and laying reference to it but at the same time, I want to build what appears to be an original document.

So in order to prepare a declaration or memorandum as close as possible to its final form that is acceptable to submit in Court, prior to trial, I seek your guidance.

Questions:

1.)   Submitted In Court, and placed upon the record, which caries more evidentiary weight a Declaration or a Memorandum? (considering the content caries legal value).

2.)   Does a Declaration or a Memorandum carry more weight if it is presumed to be authored by the clients' attorney rather than the client?

3.)   How much of a published opinion can I use (copy and past) without citing the opinion or eluding to the fact that it was written by a Supreme Court Judge

4.)   Is Plagiarism in Court acceptable and legal regarding published opinions?

5.)   If you read the opinion, can you elaborate upon its importance in a biased Court system?

6.)   How would you go about using this opinion to de-bunk the primary caregiver presumption argument/mentality


Well that aught to do it
Thanks Soc

[socrateaser]

>1.)   Submitted In Court, and placed upon the record, which
>caries more evidentiary weight a Declaration or a Memorandum?
>(considering the content caries legal value).

Neither. What matters is the argument.

>
>2.)   Does a Declaration or a Memorandum carry more weight if it
>is presumed to be authored by the clients' attorney rather
>than the client?

Does a hobby horse have a hickory dick?

>
>3.)   How much of a published opinion can I use (copy and past)
>without citing the opinion or eluding to the fact that it was
>written by a Supreme Court Judge

You cite a case because if forces the court to recognize its precedential value. You can use as much as you wish.

>
>4.)   Is Plagiarism in Court acceptable and legal regarding
>published opinions?

There is no plagerism in court. You can write anything as long as it's not frivolous.

>
>5.)   If you read the opinion, can you elaborate upon its
>importance in a biased Court system?

Sure, but I'm not gonna read it. You write your brief and post it, and then I'll consider your argument on the merits.

>
>6.)   How would you go about using this opinion to de-bunk the
>primary caregiver presumption argument/mentality

See #5