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Posts Tagged ‘defendant’

What Does A Defense Attorney Actually Do For A Client?

24 Oct

Wondering what a Defense Attorney actually does? Evaluates evidence, prepares a case for trial, and goes to court for the Defendant. Continue reading →

 

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Posted in 23152, arraignment, defense attorney, DUI Information, Going to Court, guilty, not guilty, plea agreement, public defender, vehicel code, Warrant Information

 

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.

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

 

A Bit More On The Rudovsky Case

23 Sep

I wrote a post a while back called The Rudovsky Case and Quality Control. The thrust of the case is that West Publishing (the defendant) libeled two authors, David Rudovsky and Leonard Sosnov, by updating their treatise called Pennsylvania Criminal…

 

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Posted in Court Opinions, Publishing Industry

 

What Do “Suspended Sentence” and “Probation” Really Mean?

08 Sep

A “Suspended” sentence or fine means that it is not imposed immediately, but can be if the terms of probation are not satisfied. In a typical DUI Probation Sentence for a first offense, a court will generally hang a Suspended Sentence of jail time over the head of the Defendant incase of a probation violation, such as not showing up for the Sheriff’s Work Program. Continue reading →

 

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Posted in DUI Information, dui probation, Going to Court, probation, suspended, Traffic Court Fines

 

Winning in Court Means Learning Not to Lose

04 Aug

How to Lose in Court …

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: Allege the court has jurisdiction over the issues, Allege the necessary ultimate facts required to establish your right to a favorable judgment, and 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

 

Force Your Opponents to Pay Up!

01 Aug

 

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 noticethat “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 Nobody makes it easier than Jurisdictionary!  Do what Jurisdictionary teaches, and you’ll be pleasantly surprised when judges rule in your favor! Do what Jurisdictionary teaches, and you’ll appreciate what it’s like to have rights with teeth in them! Do what Jurisdictionary teaches, and your life and the life of your family will be much, much happier! You can finish my course in less than 24-hours. Learning due process is easy with Jurisdictionary! Force the court to protect your rights! … Dr. Frederick D. Graves, JD Accept no substitutes! Get the official Jurisdictionary 24-hour course!

 

 

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

 

How to Dodge a Lawsuit !

10 Jun

There are several ways to dodge a lawsuit. Whether you’re a plaintiff or defendant, you must know what defendants can do to dodge a lawsuit. How to dodge, if you’re a defendant. How to stop the defendant from dodging, if you’re a plaintiff. In this Tips & Tactics, I share a few dodge tricks below. The complete details are yours in my affordable 24-hour step-by-step Jurisdictionary course. People tell us an 8th grader can understand my course in 24 hours. If a defendant is served with a complaint, he may be able to dodge the lawsuit by filing motions to avoid filing an Answer! This tactic is sometimes called the flurry of motions. However! Once a defendant files an Answer, he’s locked in and misses this chance to dodge the lawsuit. Inexperienced lawyers and pro se people (who don’t yet have my Jurisdictionary course) make a common mistake and file an Answer to the plaintiff’s Complaint … instead of using the flurry of motions my course explains: 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! Here are just a few points you absolutely must know. 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 The last of these is the most common! If you don’t yet understand causes of action and their elements, you are not yet ready to win in court. The most important piece of knowledge you can learn about lawsuits is that they proceed on one or more causes of action, and each cause of action has certain required elements that must be alleged and ultimately proven. 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 The first of these is very powerful and is sometimes called a Motion to Strike Sham Pleading. Know them all, however. 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. The court cannot require you to file an Answer if the Complaint is so poorly-written that no reasonable person could discern what the plaintiff is saying. For example, I’ve filed this motion when sentences in the Complaint had no verb! If you are sued, do NOT file an Answer until you use all these motions that apply to the circumstances! Failure to use the Flurry of Motions weakens your case and, of course, misses a valuable opportunity to dodge the case altogether. Of course you cannot learn all you need to know about the Flurry of Motions or the other case-winning tactics my affordable Jurisdictionary course explains step-by-step in just 24-hours, but this week’s Tips & Tactics gives you an idea what you’ll be missing if you don’t order now. 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. My affordable Jurisdictionary course explains how to use the Flurry of Motions as a defendant to dodge the plaintiff’s attack and how to defend against the motions if you’re the plaintiff. If you don’t know what opportunities you have in court, you don’t have much of a chance of winning! Even if you fail at dodging the case altogether, there are many positive advantages to making the attempt. By following the Jurisdictionary method explained clearly in my affordable 24-hour step-by-step course, you force the other side to show his hand while running a good chance of dodging the case altogether! 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! Never file an answer if you don’t have to! Remember: Winners are people who know how the game is played to win — and that includes knowing how to use and respond to the Flurry of Motions — whether you’re a plaintiff or defendant. My affordable 24-hour step-by-step lawsuit self-help course includes: 5-hour video CD simplifies process of litigation 2 audio CDs present tactics and procedures 15 tutorials on a 4th CD go beyond the basics Free EasyGuide to the Rules of Court Temporary online access while CDs in Mail Still Only $249 (plus $7.50 for Priority Mail S&H) Control judges! Save legal fees! Defeat crooked lawyers! www.Jurisdictionary.com Ask anyone who has it: Jurisdictionary Works! Call Toll Free for details: 866-Law-Easy Get your competitive edge before the price increase. Force judges to enforce the rules, instead of allowing the lawyer on the other side twist the law against you! You cannot win if you don’t know how to control the judge and all the lawyers (including your own lawyer, if you can afford to pay one to go to court for you)! You’ve heard the horror stories from others. Don’t let it happen to you! Order my course now, if you don’t already have it. Know the rules and how to force everyone to obey! Know how to draft proper pleadings, how to get your own evidence in the court’s record, how to keep the other side from getting their evidence in, how to move the court to enter orders favorable to your cause, and how to use your Jurisdictionary legal know-how and case-winning strategies to control the judge and win your case! My self-help course is presented in such an easy format people tell us an 8th grader can learn it in just 24 hours! Know what you must know to win! Stop courtroom corruption! I’ll show you how in just 24-hours … step-by-step! Control judges and lawyers – or lose! My “Tips & Tactics” newsletters are only introductions to the complete course you need to win. If you don’t already have my 24-hour step-by-step self-help course, go to my website and order now! www.Jurisdictionary.com As Woody Guthrie used to sing, “This Land is our Land,” and that includes every courtroom and every courthouse from San Diego to Bangor, Maine. Why let lawyers control our lives with trickery? Why let judges destroy our lives by letting lawyers get away with their trickery? YOU CAN WIN! Forward this newsletter to ALL YOUR FRIENDS! If you aren’t involved in a lawsuit or threatened with one today, learn what my course teaches and help others who will be destroyed by all-too-common courtroom corruption if YOU don’t help them learn what it takes to win! There are more than 150 lawsuits filed every minute in the United States – nearly 100 million each year. Try to imagine how many thousands of good, honest people will be destroyed in the next 7 days just because they have no idea how to protect themselves and have nobody they can trust (or afford) to help them win! Urge everyone to get my affordable 24-hour course! Do it for your nation … and for your children! Dr. Frederick David Graves, JD Jurisdictionary

 

 

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Posted in advice, attorney support, education, Education & Professional Development, Legal Research Resources, pro se law, pro-se guidance, self help course, Self-Help Law, U.S. Courts

 

Jurisdictionary Course Helps Increase Your Chances of Winning

02 Jun

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 friends fighting 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!

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.

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

Click this link to watch VIDEO again.

========================

My affordable 24-hour step-by-step lawsuit self-help course includes:

• 5-hour video CD simplifies process of litigation
• 2 audio CDs present tactics and procedures
• 15 tutorials on a 4th CD go beyond the basics
• Free EasyGuide to the Rules of Court
• Temporary online access while CDs in Mail

Control judges!

Save legal fees!

Defeat crooked lawyers!

www.Jurisdictionary.com

Ask anyone who has it: Jurisdictionary Works!

Call Toll Free for details: 866-Law-Easy

Get your competitive edge before the price increase.

Force judges to enforce the rules, instead of allowing the lawyer on the other side twist the law against you!

You cannot win if you don’t know how to control the judge and all the lawyers (including your own lawyer, if you can afford to pay one to go to court for you)!

You’ve heard the horror stories from others.

Don’t let it happen to you!

Order my course now, if you don’t already have it.

Know the rules and how to force everyone to obey!

Know how to draft proper pleadings, how to get your own evidence in the court’s record, how to keep the other side from getting their evidence in, how to move the court to enter orders favorable to your cause, and how to use your Jurisdictionary legal know-how and case-winning strategies to control the judge and win your case!

My self-help course is presented in such an easy format people tell us an 8th grader can learn it in just 24 hours!

Know what you must know to win!

Stop courtroom corruption!

I’ll show you how in just 24-hours … step-by-step!

Control judges and lawyers – or lose!

My “Tips & Tactics” newsletters are only introductions to the complete course you need to win. If you don’t already have my 24-hour step-by-step self-help course, go to my website and order now!

www.Jurisdictionary.com

As Woody Guthrie used to sing, “This Land is our Land,” and that includes every courtroom and every courthouse from San Diego to Bangor, Maine. Why let lawyers control our lives with trickery? Why let judges destroy our lives by letting lawyers get away with their trickery?

YOU CAN WIN!

Forward this blog to ALL YOUR FRIENDS!

If you aren’t involved in a lawsuit or threatened with one today, learn what my course teaches and help others who will be destroyed by all-too-common courtroom corruption if YOU don’t help them learn what it takes to win!

There are more than 150 lawsuits filed every minute in the United States – nearly 100 million each year. Try to imagine how many thousands of good, honest people will be destroyed in the next 7 days just because they have no idea how to protect themselves and have nobody they can trust (or afford) to help them win!

Urge everyone to get my affordable 24-hour course!

Do it for your nation … and for your children!

Dr. Frederick David Graves, JD

Jurisdictionary

 

 

6 Comments

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

 

What happens if the case is won but the defendant can’t pay? Chasing Success

02 Jun

 

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Posted in Foreign Courts

 

What happens if the defendant admits my claim? Getting Legal Results

02 Jun

 

11 Comments

Posted in Foreign Courts

 

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