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Posts Tagged ‘defendant’
Preparing for Hearings or Trial
Lawsuit Anatomy Explained
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.
For example, there are 3 Motions the defendant can use to avoid filing an answer:
- Motion to Dismiss
- Motion to Strike
- 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:
- Admissions
- Production
- Interrogatories
- Depositions
- 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
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!
- 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!
How to Dodge a Lawsuit
( From “How to Win in Court” Course )
Click or Call 866-LAW-EASY Toll Free!
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!
- 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!
Force Your Opponents to Pay Up!
Even experienced lawyers fail to force their opponents to meet the Burden of Proof.
It’s like making your enemies “pay up”, to prove what they say!
You never have to prove you don’t owe!
Nor are you required to prove your dog didn’t bite your neighbor, or your driving didn’t cause the accident.
Everyone demanding any right in court has a burden to prove they’re entitled to have the court enforce the right!
If they can’t meet their burden, they lose and, if you’re the defendant, you win!
Of course, if you’re a plaintiff, it’s your job to meet the burden of proof to show you deserve the court’s favor.
Knowing how the burden works (there’s quite a bit more to it than I can explain in this short newsletter) gives you power to win instead of being just another victim!
The burden is always on the party making claims.
The burden is never on defenders – unless the burden shifts once the claimant meets his burden of proof.
In civil cases, the burden is met by presenting the greater weight of admissible evidence (sometimes called the “preponderance of evidence”) in support of the fact elements necessary to prevail on at least one “cause of action” (explained in the course and essential knowledge, if you want to win).
In criminal cases, the state’s burden is met only by presenting evidence that proves the fact elements of the crimes alleged beyond and to the exclusion of any reasonable doubt.
The burden of proof is always on the party asserting a claim, making a motion, demanding a right, etc.
Before a court can lawfully grant relief of any kind, the party seeking relief must carry his burden to prove he’s entitled to relief … whether the case is civil or criminal.
Some may say, “It’s just your word against his.”
That’s never true in court.
One side always has the burden.
Just like in a tennis match, the ball is always on one side of the net!
The burden of proof may shift back and forth during a complicated lawsuit, depending on who claims what and when, however the burden is always on the side seeking relief at any particular moment, the party making a claim, the litigant moving the court, the claimant alleging a fact, etc.
WARNING:
Lawyers will try to put you “on the defensive”.
Lawyers will try to trick you into struggling to prove a negative, e.g., that you didn’t do something or that something did not happen. Don’t get sucked in!
People who don’t have the official Jurisdictionary “How to Win in Court” course go out of their way to show they were out of town that day or confined to a wheelchair or otherwise struggle to dis-prove something that is entirely the burden of the other side to prove.
This is what crooked lawyers do.
BEWARE!
BE WISE!
If a defendant ignorantly tries to dis-prove what his opponent has the burden to prove, his opponent is spared the labor of proving his case! The waters are muddied. The real issues get lost. The judge gets sidetracked. And YOU come out on the short end of the stick every time!
Smart people who use the official Jurisdictionary “How to Win in Court” course know how to move the court to take judicial notice that “the burden is on the moving party to prove whatever he claims” and, if the other side cannot prove what he claims, Jurisdictionary students know how to move the court for summary judgment and put an end to their troubles then-and-there!
Put the ball in the court where it belongs!
Learn more about the burden of proof and “How to Win in Court” … without a lawyer!
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“So easy an 8th grader can do it!”
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