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Posts Tagged ‘defendant’

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.

 

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

 

How to Dodge a Lawsuit

17 Mar

( 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!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

 

 

Force Your Opponents to Pay Up!

17 Mar

Win with Jurisdictionary!

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!

www.Jurisdictionary.com

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Order now!

 

Judge Orders Production of Unencrypted Laptop in Bank Fraud Case

24 Jan

There’s a case out of federal district court in Colorado involving a suit for bank fraud where possible evidence is on an encrypted laptop. The defendant in the case apparently has the password and isn’t telling. So far, she has…

 

How to Sue Someone for a Car Accident in Small Claims Court – Effectively

20 Jan

Guide to suing that idiot driver who hit your car in Small Claims court, written by a former insurance defense trial attorney. You can sue in Small Claims without an attorney as long as you are seeking less than $10,001 in California. Continue reading



 

Pope Being Charged with Not Wearing Seat Belt While Traveling in Popemobile

30 Nov

And apparently evidence by way of YouTube videos can be offered. Works for me. You? Lowering the Bar reports: As a repeat offender, the suit claims, the defendant should face the maximum fine of 2,500 euros (or, presumably, an alternative…

 

SF Public Defender’s You Tube Channel Highlights Police Misconduct, Rights

02 Nov

Public Defender videos show illegal police searches, false police reports, and great information on a defendant’s rights. Continue reading