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Posts Tagged ‘affirmative defenses’

Preparing for Hearings or Trial

10 Aug

 

Preparing for Hearings or Trial

Preparation is everything!

Whether you’re training for the Olympics or trying to win a case in court, winners know they must exercise, prepare themselves, and be ready for the competition.

If you do things the way I teach in my affordable,official, 24-hour step-by-step Jurisdictionary“How to Win in Court” self-help course, you may not have to go to trial. Most court cases can be won before trial, if you follow a certain method of proceeding.

But! You will in all likelihood be required to prepare for and attend a few hearings and, if you don’t master what I teach in my course, you will probably have to prepare for and enter the trial arena for a final judgment.

Either way, you must prepare.

The best preparation begins when the case begins (whether you’re a plaintiff or defendant). Here is when you memorize the “pleadings” (i.e., the allegations of the plaintiff’s Complaint, the defendant’s Answer and Affirmative Defenses, and the plaintiff’s Reply to the defendant’s Affirmative Defenses.

These are the most important documents in any case! The allegations in these initial documents tell us what the parties intend to prove, indeed what they mustprove by the greater weight of admissible evidence in order to win.

Too many people worry about too many things that have nothing whatever to do with the allegations contained in the pleadings.

Everything begins and ends with the allegations contained in the initial pleadings.

If your case goes to trial, it will those allegations in your pleadings that you’ll be struggling to prove by bringing in MORE evidence in favor of your allegations than your opponent has in support of his.

Whether you’re at a hearing or a full-blown jury trial, the only facts that matter are those alleged by the pleadings. Other facts may be brought in by witnesses, documents, or tangible exhibits – but the only facts necessary are those that tend to prove or disprove the allegations of the pleadings. Everthing else is a waste of time and only results in muddying the waters and giving your opponent more opportunities to confuse the judge and discredit you!Learn from Jurisdictionary step-by-step

Now is the time to list the witnesses, documents, and tangible things you have (or can get with your 5 discovery tools explained in my course) that will tend to prove your allegations are true.

Now is the time to list the witnesses, documents, and tangible things you have (or can get with your 5 discovery tools explained in my course) that will tend to dis-prove the allegations of your opponent’s pleadings.

Now is the time to move the court to take judicial notice of all facts for which the court can be forced to take judicial notice.

Now is the time to move the court to take judicial notice of all laws that apply to the facts of the case.

Now is the time to file motions in limine to prevent your opponent from bringing in extraneous or prejudicial facts at trial.

Now is the time to file carefully-researched memoranda in support of your motions and overall legal position.

Now is the time to line up your witnesses, get affidavits of their testimony before you take their depositions, and then take their depositions so you can be assured their testimony at evidentiary hearings or trial will be what your witnesses “told” you it would be.

Now is the time to take depositions of your opponent’s witnesses, so you can undermine them and show they do not have first-hand knowledge of the facts your opponent intends to use them to present, or that they are biased, or that they are convicted felons or otherwise unreliable.

Now is the time to order my affordable, official, 24-hour step-by-step Jurisdictionary “How to Win in Court” self-help course and begin to study it carefully so you don’t find yourself behind the 8-ball when it comes time for hearingsor trial.

If you do things my way, you may not have to go to trial at all.
 
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Posted in Going to Court, pro per, pro se law, pro-se guidance, U.S. Courts

 

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!

 
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Posted in Current Affairs, Going to Court, Law School News & Views, Legal Research, pro se law, pro-se guidance, rules of court, self help course, Self-Help Law, U.S. Courts

 

Lawsuit Anatomy

27 Sep

Start to learn lawsuit anatomy by spelling: CAT.

Here are the 3 basic steps of every lawsuit.

  • 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!

To learn more, order my affordable, official, 24-hour, step-by-step Jurisdictionary “How to Win in Court” self-help course.

Now YOU can use the same case-winning tactics I’ve used to win cases in state and federal courts since 1986.

Every lawsuit has this same, simple anatomy.

Same motions.

Same discovery tools.

If you have a lawyer, know what your lawyer should be doing to earn his fee and winyour case.

If you don’t have a lawyer, know what you must do to make the judge do his job andprevent the other side from cheating.

My affordable, official, 24-hour, step-by-step Jurisdictionary “How to Win in Court” self-help course will show you how to write powerful pleadings, draft and argue motions, object in court, get admissible evidence into the record, prevent the other side from getting lies into the record, do legal research, compose your legal arguments, and much, much more.

Affordable 24-hour Step-by-Step Self-Help Course Includes:

5-hour video CD simplifies the process of litigation
2 audio CDs present practical tactics and procedures
15 in-depth tutorials on a 4th CD lay out the basics
Free EasyGuide to the Rules of Court
Instant On-Line Access while CDs are in the Mail
Still Only $249 … plus $7.50 Priority Mail Shipping & Handling
Save legal fees! Control judges!
Defeat crooked lawyers!

www.Jurisdictionary.com

Ask anyone who has our course … “Jurisdictionary Works!”

Call Toll Free for details: 866-Law-Easy

 
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Posted in Going to Court, pro-se guidance, self help course, U.S. Courts

 

Winning in Court Means Learning Not to Lose

04 Aug

How to Lose in Court …
Win with Jurisdictionary!Too many pro se people lose in court, and today’s Tips & Tactics will tell you why!

Pro se people often send me papers to review.

Almost always, they write critically important papers as if they were “telling a story”!

BIG MISTAKE!

Effective lawsuit Complaints and responses to complaints (Answers and Defenses) and motions, legal memoranda, and other papers you must file in court (if you want to win) are not “stories”.

Do NOT tell a story!

For example, consider your pleadings – the first papers you file (whether your filing a Complaint as plaintiff or filing an Answer and Affirmative Defenses as defendant).

Your pleadings are the MOST IMPORTANT PAPERS you will file … SO THEY MUST BE WRITTEN PROPERLY!

Your pleadings say what you’re fighting about!

BUT!

They are not stories or “letters to the judge”.

If you don’t write the way Jurisdictionary teaches, you set yourself up for defeat right out of the box, even before the fight begins!

Pleadings have a purpose.

The purpose of pleadings is NOT TO TELL A STORY!

The same goes for all papers you file in court, motions, memoranda, etc. … but especially for pleadings.

Your Complaint (if you’re a plaintiff”) or Answer and Affirmative Defenses (if you’re a defendant) must be written in so it will accomplish 3 things:

  1. Allege the court has jurisdiction over the issues,
  2. Allege the necessary ultimate facts required to establish your right to a favorable judgment, and
  3. Demand judgment (and jury trial if wished).

You’ll have an opportunity to “tell your story” later with motions, memoranda, and discovery weapons as explained in the official 24-hour, step-by-step Jurisdictionary “How to Win in Court” course !

In more than 25 years as a licensed attorney, I can tell you most lawyers don’t get it … and that works to your advantage once you know what my course will teach you in just 24 hours!

Most lawyers did not learn how to write pleadings in law school. They weren’t taught about the “essential elements of causes of action”, for example. It’s true!

If you draft your papers properly (the Jurisdictionary way , of course)you’ll have a significant advantage over your opponents!

If you “tell a story” you’ll just make it easier for the other side to win!

#1 … Lawyers are famous for chasing rabbits and going on fishing expeditions. They are paid by the hour, after all! The more they write, the more they get paid. You aren’t being paid by the hour. Write little. Accomplish much!

#2 … If you write more than necessary, you give the other side more opportunities to chase rabbits and fish for facts that will not help you win!

#3 … Proving a simple lawsuit is hard enough. The more facts you put in controversy, the more work you have to do.

#4 … It’s just plain stupid (unless you’re being paid by the hour) to allege more facts than the facts you must prove to win?

#5 … Judges don’t like to read. Judges are busy. Yours is not their only case! The more work you make the judge do to understand your side of the case, the more angry and frustrated the judge will become. That can’t work in your favor!

Get my official 24-hour Jurisdictionary “How to Win in Court” step-by-step course and discover just how easy it is to DO IT RIGHT THE FIRST TIME!

Demanding to see the judge’s oath of office won’t help.

Insisting YOUR NAME in all caps isn’t you won’t help.

Complaining about fringe on the courtroom flag won’t help.

DO IT RIGHT with Jurisdictionary.

“So easy an 8th grader can do it!”

If you already have my Jurisdictionary course, keep this week’s tip in mind when you start to write a paper you plan to file with the court.

If you don’t have the course, what are you waiting for?

“So easy an 8th grader can do it!”

Order now!

 

 
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Posted in Going to Court, pro-se guidance, self help course, U.S. Courts

 

Lawsuit Anatomy

10 Jun

 

Start to learn lawsuit anatomy by spelling: CAT.

Here are the 3 basic steps of every lawsuit.

  • 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 examining admissible 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.

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. It’s all explained in my affordable Jurisdictionary course. You can learn it all step-by-step in just 24-hours.

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

After plaintiff files his Complaint, defendant may file any one or all of these motions so he need not answer. If the “flurry of motions” fails, defendant must file an Answer to the complaint – at which time he must also file Affirmative Cefenses, possibly adding counter-claims, cross-claims, or third-party complaints. (All explained in my course.)

At any time after the Complaint is filed, either side may use these 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

Knowing how to use discovery tools (and how to force your opponent to respond truthfully) is essential if you want to win! (All explained in my affordable course.)

Lawyers typically play every dirty trick in the book to keep you from getting the evidence you need into the court’s record, so you mustknow how to fight back!

That’s the Anatomy of Every Lawsuit!

Yes! It really is this simple!

If you want to make it complicated and muddy the pond with all kinds of nutty arguments, you can do so and lose.

If you want to win, get my affordable Jurisdictionary step-by-step 24-hour course now and master the case-winning strategies and tactics I used for 25 years as a case-winning lawyer in state and federal courts.

Every lawsuit has this same fundamental anatomy. The same motions. The same discovery tools.

Do you need to win your lawsuit?

If you have your own lawyer, know what your lawyer should be doing to earn his fee and win your case.

If you don’t have a lawyer, know what you must do to make the judge do his job and prevent the other side from cheating.

It’s just that simple.

My affordable Jurisdictionary 24-hour step-by-step lawsuit course will show you how to write powerful pleadings, how to draft and argue motions, how to object in court, how to get admissible evidence into the record, how to prevent the other side from getting lies into the record, how to do legal research, how to compose your legal arguments, and much, much more.

You’ll learn how to avoid filing an answer by moving the court to dismiss or strike the complaint or require a confusing or poorly-worded complaint to be re-written. You’ll learn how to use effective discovery tools to force the other side to produce facts that may lead to admissible evidence. You’ll discover how to move the court and demand that the judge enforce your legal rights.

In short, you’ll learn how to save money, maximize your winning power, and resolve conflicts peacefully and profitably … according to the rules!

________________________________________

Once you master the simple concepts I teach, you’ll be more powerful than most lawyers I met in 25 years as a licensed lawyer in state and federal courts as a licensed bar attorney!

Click HERE to learn more!

Of course you cannot learn all you need to know about what it takes to win by waiting for my Tips & Tactics each week. You need to learn the case-winning tactics in my affordable Jurisdictionary course that will show you what it takes to win, step-by-step in just 24-hours.

Whether plaintiff or defendant, you cannot hope to win if you don’t know what my course teaches.

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

If you don’t know what opportunities you have in court, you don’t have much of a chance of winning!

Let me urge you to order my course today (if you don’t already have it) so you won’t make the common mistake of assuming you already know everything you need to win!

Remember: Winners are people who know how the game is played to win — whether plaintiff or defendant.

– – – – – – –

The essential tools and elements are explained in the video you can watch right now by clicking the judge.

Click the Judge to learn more.

You won’t believe me, but most lawyers (and nearly all law school professors) don’t have a clue what it takes to win. Many law schools don’t teach “causes of action” or the elements necessary to prevail. It’s true!

Many law schools don’t teach how to use your five (5) discovery tools or why you must be courageous and fight the judge and demand your right to get evidence in the record using your discovery tools.

Many lawyers are afraid to upset judges, so they let things slide. They don’t object. They don’t “instruct” the judge on the law. They just lay back, take their hourly fee, and let their clients lose … and those who pay lawyers yet don’t know what Jurisdictionary teaches about winning are led to the slaughter by their own lawyer.

Sad, but true!

I know what it takes to win. I did this 25 years!

My Jurisdictionary will show you how in just 24-hours, step-by-step!

The Jurisdictionary Method wins lawsuits!

Watch my video and see for yourself how easy it is to use knowledge, stealth, and wisdom to win in court!

See what’s important, what’s not, and how to focus all your energy where it belongs: getting court orders!

If you gain from watching my video, please forward this newsletter to ALL YOUR FRIENDS by hitting “Forward” on your email program now.

Or use this link to send an email to all your friends. You probably know people who need to knock down judges and overcome crooked lawyers and their dishonest tricks. They will thank you for turning them on to this!

Or, do both! Forward this newsletter AND send emails to friendsfighting in court who desperately need to know how to win!

Most lawyers never learn what Jurisdictionary makes so easy-to-learn. People have been telling me since I started Jurisdictionary in 1997 that, “Your course should be required in first year law school.” But, of course, that’s not likely to happen, because whatJurisdictionary shows you isn’t politically correct! I teach you how to control judges, instead of bowing to them, I I teach you how to overcome crooked lawyers and their all-too-common sneaky tricks!

Political correctness prevents justice too often!

Winning lawsuits is a brutal axe fight!

Jurisdictionary is your axe!


Thousands of people just like you are winning with my easy-to-learn 24-hour step-by-step course. Ask anyone who has my course.Everyone loves it!

If you don’t know what my course teaches, you lose!

End of story!

Winners do what Jurisdictionary makes easy-to-learn and don’t wait until trial to get justice!

Those who learn my affordable 24-hour step-by-step Jurisdictionary self-help course win … no matter how high the odds are stacked against them!

Yes! Read the testimonials in the right column ⇒

Winners know how to fight to win!

Losers believe internet fables. Losers get their legal education at the barbershop or on websites or expensive weekend seminars run by people who never practiced law, never went to law school, and don’t know mud from sand about rules or how to use them to control judges.

Too many good folks believe mythological silver-bullet easy solutions to their legal problems and, as a result, are losing when they would be winning if they knew what I make so easy-to-learn in my Jurisdictionary course!

The internet is infested with hare-brained schemes that sound too good to be true … and, like the old adage says, “If it sounds to good to be true, it probably isn’t.”

Remember: The most dangerous falsehoods are ones we most want to believe!

Why not learn from a real lawyer with nearly 25 years of case-winning experience?

My course is not expensive!

People who finish my course say an average 8th grader can learn it all in a single weekend.

Please read the testimonials in the right column ⇒

If you have a lawyer, you will save thousands in legal fees by knowing what your lawyer should be doing, and at the same time you will maximize your chances for success by making certain your lawyer does what should be done, instead of taking you for a ride to the poorhouse – as happens to too many good people these days.

If you don’t have a lawyer, you’ll know how to stop the opponent’s crooked tricks and control the judge!

To learn more, go to: www.Jurisdictionary.com

 

 
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Posted in advice, attorney support, guidelines, Legal Research Resources, pro se law, pro-se guidance, rules of court, self help course, Self-Help Law, U.S. Courts