RSS
 

Archive for the ‘Current Affairs’ Category

Lawsuit Anatomy Explained

30 Jul

Learn lawsuit anatomy by spelling: CAT.

The 3 basic steps of every lawsuit are:.

  • Complaint
  • Answer
  • Trial

Start here, and you’ll soon be operating like a pro in court, controlling judges and defeating crooked lawyers.

Of course, there’s much more to winning, but it’s all easy if you start with basic anatomy: CAT.

C = Complaint … Where every case begins. Plaintiff complains by filing a Complaint. He alleges (1) what duty the defendant breached, (2) how the defendant breached the duty, and (3) how the plaintiff suffered damages (or is threatened with damages) as a direct result.

A = Answer … Where defendant responds to plaintiff’s Complaint by filing an Answer and Affirmative Defenses. In his Answer he admits or denies (or claims he lacks enough knowledge to admit or deny) each separate allegation of the plaintiff’s Complaint. In his Affirmative Defenses he alleges facts that (if he can prove them) will relieve him of his obligation to plaintiff.

T = Trial … Where the judge (or jury) decides the final verdict by examiningadmissible evidence, using plain old common sense to decide which facts presented are true, weighing each side’s evidence to see which side has the greater weight of evidence, and then applying the law to determine who wins.

Plaintiffs file Complaints.

Defendants file Answers (and essential “Affirmative Defenses”, as you will learn in my course.

Judges and juries examine the facts and law at trial to decide who wins.

During the process Motions and Discovery Tools are used by both sides to convince the court who should win.

This is where the fight is – not at trial.

Every winnable case can be won before trial, if you use my case-winning tactics … all explained in my affordable, official, 24-hour Jurisdictionary “How to Win in Court” self-help course.Learn from Jurisdictionary step-by-step

For example, there are 3 Motions the defendant can use to avoid filing an answer:

  1. Motion to Dismiss
  2. Motion to Strike
  3. Motion for More Definite Statement

All explained in the course.

At any time after the Complaint is filed, either side may use 5 discovery tools to get facts that may lead to admissible evidence:

  1. Admissions
  2. Production
  3. Interrogatories
  4. Depositions
  5. Subpoenas and other court orders

Also explained fully in my affordable self-help course.

That’s the Anatomy of Every Lawsuit!

It really IS this simple!

 

How to Dodge a Lawsuit

30 Jul

Win with Jurisdictionary!

 

 

There are several ways to dodge a lawsuit.

Whether you’re a plaintiff or defendant, you must know what smart defendants do to dodge lawsuits.

The complete details are in my affordable,official, 24-hour step-by-step Jurisdictionary course that people tells us an average 8th can understand (if you can get an 8th grader to sit still that long!).

If a defendant is served with a complaint, he may dodge the lawsuit by filing motions to avoid filing an Answer!

This is called the “flurry of motions”.

Once a defendant files an Answer, he’s locked in and misses this chance to dodge the lawsuit altogether.

Don’t file an Answer if you can dodge the lawsuit with a “flurry of motions”.

Inexperienced lawyers and pro se people (who don’t yet have my Jurisdictionary course) make the avoidable mistake of filing an Answer to the plaintiff’s Complaint … instead of using the flurry of motions as my course explains step-by-step with sample forms!Learn from Jurisdictionary step-by-step

  • Motion to Dismiss
  • Motion to Strike
  • Motion for More Definite Statement

Each of these motions postpones the necessity of filing an Answer to the plaintiff’s Complaint … and gains you valuable time and evidence-gathering opportunities!

In some cases it puts an end to the case. Period!

Motion to Dismiss: There are several grounds for filing this motion. Here are a few. The rest are in my course.

  • Lack of Subject Matter Jurisdiction
  • Improper Service of Process
  • Improper Venue
  • Failure to State a Cause of Action

Each is fully explained in my course.

Motion to Strike: The following are a few of the many grounds for filing this motion:

  • The Complaint Contains False Allegations
  • The Complaint Contains Scandalous Allegations
  • The Complaint Contains Impertinent Allegations

This is power YOU can use!.

Motion for More Definite Statement: This motion should be filed when a Complaint is so poorly-written that a reasonable person would have difficulty understanding what it says, i.e., what the plaintiff is complaining about.

Sample forms for all of these are in the complete official course.

If you are sued, do NOT file an Answer until you use ALL these motions that fit the circumstances!

Failure to use the Flurry of Motions weakens your case and, of course, misses a valuable opportunity to dodge the case altogether.

These tips should convince you to order my complete course … whether you’re a plaintiff or defendant.

If you don’t know your legal options, you don’t a chance of winning!

Winners know how the game is played to win — including how to file and respond to the Flurry of Motions.

I know what it takes to win. I’ve been doing professionally since 1986!

www.Jurisdictionary.com

 

Browsing On A Sunday: Porn In Libraries, Librarians In Porn, Cultural Archives, And Affirmations Of Piracy

05 Feb

The issue of porn on public library computers is back in the news thanks to an incident at the Lake City Public Library in Washington State. A mother with her two children observed a man watching hard core porn there…

 

Complaints in Law School Employment Data Cases Available

03 Feb

Anyone wanting to see the complaints filed yesterday against 12 law schools over job data should visit this page from the web site of attorney David Anziska. The new documents join the two filed earlier against the New York Law…

 

Complaints in Law School Employment Data Cases Available

03 Feb

Anyone wanting to see the complaints filed yesterday against 12 law schools over job data should visit this page from the web site of attorney David Anziska. The new documents join the two filed earlier against the New York Law…

 

Won’t Publish, Won’t Referee, Won’t Do Editorial Work: Professors boycotting Elsevier STM journals because of the Company’s business practices

01 Feb

On Jan. 21, 2012, Timothy Gowers, Royal Society 2010 Anniversary Research Professor, Department of Pure Mathematics and Mathematical Statistics at Cambridge University, [web profile; Wikipedia entry] called for boycotting Elsevier because of the Company’s business practices with respect to its…

 

Won’t Publish, Won’t Referee, Won’t Do Editorial Work: Professors boycotting Elsevier STM journals because of the Company’s business practices

01 Feb

On Jan. 21, 2012, Timothy Gowers, Royal Society 2010 Anniversary Research Professor, Department of Pure Mathematics and Mathematical Statistics at Cambridge University, [web profile; Wikipedia entry] called for boycotting Elsevier because of the Company’s business practices with respect to its…

 

SOPA, PIPA, ACTA And People Power

27 Jan

Two articles in CNN Money take an interesting look at the recent legislative successes and failures to extend intellectual property laws. One article, Millions in SOPA Lobbying Bucks Gone to Waste details the intersection between corporate lobbying and the populist…

 

SOPA, PIPA, ACTA And People Power

27 Jan

Two articles in CNN Money take an interesting look at the recent legislative successes and failures to extend intellectual property laws. One article, Millions in SOPA Lobbying Bucks Gone to Waste details the intersection between corporate lobbying and the populist…

 

Report Suggests Students Don’t Need Many Library Services at Crunch Time

27 Jan

There is an interesting report from Project Information Literacy (based at Washington University Information School) called How College Students Manage Technology While in the Library during Crunch Time. Here is the abstract: Abstract: The paper presents findings from 560 interviews…