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Posts Tagged ‘Lawsuit’

Keys to Legal Research

17 Mar

( From “How to Win in Court” Course )
Click or Call 866-LAW-EASY Toll Free!

Ignorance of the Law is NO EXCUSE!

If “ignorance of the law is no excuse” then knowing how to find official law that will decide the outcome of your case is critical to winning!

Fortunately, the “law of your case” is much simpler than you might imagine and easy to find! Most cases are won or lost on very few “laws”, perhaps a single statute and 3-4 appellate court decisions interpreting how that statute applies to the facts.

If you had to go to court 30 years ago, before personal computers and the internet, you’d have to dig through the dismally dry and boring stacks of thousands of look-alike books in a law library (if you could find one nearby). Back then, winning a lawsuit required litigants to spend hour-upon-hour turning dusty pages, pulling down piles of books to spread on the library table next to their yellow pad in what was often a fruitless search for the legal support their arguments needed.

All that has changed, thanks to the internet and competition between legal research sites that is driving the price down to a reasonable level where pretty much anyone who needs to do on-line legal research can afford it.

But, will you know how?

My course materials on legal research include videos showing actual screen-shots of on-line searches so an average 8th grader with reasonable computer skills will be able to find constitutional provisions, statutes, code, and appellate court opinions to support pretty much any legal argument you can think of.

These days it’s sooo easy to do legal research on-line … an average 8th grader can do it!

Instead of digging through thousands of books differing only by the numbers printed on their impressively formidable spines, you can log-on any of the growing number of competent legal databases and, with the flick of a few keyboard fingers find thousands of cases that deal with the issues of your case in seconds!Learn from Jurisdictionary step-by-step

Google® can get you started … for free!

But, don’t rely on Google® as the final authority. Google® will provide a good start in most cases, but before you go to court to argue how the appellate opinion you found is the final say-so, you need to dig deeper.

My affordable, official, 24-hour step-by-step Jurisdictionary “How to Win in Court” self-help course explains legal research with examples you can try out for yourself. Once you finish the course you’ll know how to find appellate decisions that favor your cause … and you’ll know how to cite them to the court in proper format. You’ll know how to tell the judge why you should win by citing authorities the judge is required by law to obey: court rules, cases, constitutional provisions, statutes and codes.

Clever argument is not enough.

You cannot win without finding and citing the legal authorities that control judges.

Those who don’t know how to find and cite legal authority cannot control judges nor win on appeal so they lose needlessly!

In the heat of your lawsuit battles, you can be certain the other side will cite legal authorities favoring his case.

It’s essential to winning!

You must do the same thing if you want to win.

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

 

 

Round One in Duncan Law v. ABA Goes to the ABA

23 Jan

Last week, US District Court Judge Thomas A. Varlan denied Duncan School of Law’s motion for a temporary restraining order and for a temporary injunction in the law school’s antitrust and due process lawsuit against the ABA for failing to…

 

Round One in Duncan Law v. ABA Goes to the ABA

23 Jan

Last week, US District Court Judge Thomas A. Varlan denied Duncan School of Law’s motion for a temporary restraining order and for a temporary injunction in the law school’s antitrust and due process lawsuit against the ABA for failing to…

 

Provisional Accreditation Denial by the ABA: A speculative back-story for Duncan Law School’s Lawsuit

03 Jan

On Dec. 22, 2011, Duncan School of Law filed a complaint in the U.S. District Court of the Eastern District of Tennessee against the ABA alleging antitrust and due process violations after failing to receive ABA provisional accreditation. [Text of…

 

The 6 Types of Lawsuit Complaints

09 Dec

Know the 6 types of lawsuit complaints.

Every lawsuit starts with a complaint.

See how easy it is?

  1. The plaintiff in the chart sues Defendant A and Defendant B.
  2. Defendant B counter-claims against Plaintiff.
  3. Defendant A cross-claims against Defendant B.
  4. Defendant B counter-cross-claims against Defendant A.
  5. Defendant A files a third-party complaint against Third Party Defendant.
  6. Third-Party Defendant counter-claims against Defendant A.

That’s all there is to it!

See how easy it is?

Lawsuits are “ridiculously easy-to-understand” once the Jurisdictionary step-by-step self-help course shows you how the parts fit together.

If you have a lawyer, you’ll know what your lawyer should be doing!

If you don’t have a lawyer, you’ll know what it takes to win!

The course offers many diagrams just like this plus charts, sample forms, simplified explanations, and practical tactics that give you power to win … with or without a lawyer!Learn from Jurisdictionary step-by-step

It’s not rocket science.

It’s straight-forward once you see the step-by-step procedures and how they’re controlled by a simple set of rules an average 8th grader can understand.

Everyone knows a baseball game has at least 9 innings.

Everyone knows the visiting team is first to bat.

Everyone knows the batter goes back to the dugout after 3 strikes.

It’s simple.

It’s baseball.

It’s America!

Lawsuits are just as easy as baseball, once you see them with the explanations and examples the course provides.

Not many people know how simple lawsuits really are. My profession has kept this knowledge secret from you on purpose!

It shouldn’t be that way!

Now YOU can know how to win … with or without a lawyer!

Jurisdictionary

 

How To Argue With Judges

24 Sep

Arguing with judges is like arguing with baseball umpires.

You better know the rules AND HOW TO USE THEM!

Here are a few rules from the Official MLB Rulebook:Win with Jurisdictionary!

  • A player is not permitted to step or go into a dugout to make a catch.
  • A player is permitted to reach into a dugout to make a catch.
  • If a player makes a catch outside the dugout and his momentum carries him into the dugout, the catch is allowed as long as the player does not fall in the dugout.

Simple enough?

But!

What if the players and the coaches on one team don’t know the rules?

What happens then?

Will it do that team any good to argue with the umpire?

Probably not!

And all the %#$@&* will only get you thrown out of the park and possibly grounded for the season!

To argue successfully with a baseball umpire or a judge on his bench in the courtroom, you must know the Rules of Court … and how how to use them to your advantage!Learn from Jurisdictionary step-by-step

It’s the bottom of the ninth. Two down. Batter at the plate. The count is three and two. The batter pops a high foul. You push back your catcher’s mask and dash toward the dugout to make the catch. The ball hits your glove and you trip on the rim of the dugout and fall in. Scrambling to your feet, you climb back out of the dugout, ball in your upraised hand, triumphant grin on your face.

Teammates cheer.

Fans roar fanatic approval from the stands.

But, the scornful look on the umpire’s face and his raspy voice erase your victorious joy.

“Foul Ball!”

“But, I caught the ball, ump!”

The player strides purposely toward the umpire, waving a fist, yelling obscenities, and spitting (of course).

Fast behind is the coach, marching menacingly toward the umpire, cap shoved back, fists in the air, also shouting nasties and accusing the umpire of needing a new pair of glasses.

The umpire stands firmly behind the plate, hands planted on his hips, and waits for the verbal onslaught.

“I caught the foul ball. It’s an out!”

“It’s a foul ball. Period!” the umpire insists.

“You must be blind, Ump! It’s an out! Game’s over. We win! You saw me catch the ball? Jeeter couldn’t do any better!”

“Maybe not,” the umpire insists, “but Jeeter knows the ground rules! You fell in the dugout. Catch doesn’t count. Get back behind the plate where you belong!”

“But. But. But.”

If you studied my affordable 24-hour Jurisdictionary lawsuit self-help course, you know that all the “buts” in the world won’t do you a bit of good in court!

Claiming you’re pro se and should be allowed to play by different rules won’t help, either!

You either learn the rules – and how to use them to your advantage – OR YOU LOSE!

Sending emails to friends after you lose or posting hateful comments on the internet complaining “All our courts are corrupt” just marks you as a loser.

Learn the official rules and how to use them … or lose!

You can show up in court with all kinds of documents and things that you think are “admissible evidence”. You can know the law is on your side.

But!

If you don’t know the rules of evidence and rules of procedure – and how to use them to your advantage – you lose!

There will be times when you’ll need to argue with the judge about this or that, but do yourself a favor and discover what I learned practicing law in state and federal courts since 1986: unless you know the rules and how to argue the rules effectively, you have no more chance of changing a judge’s ruling than the catcher who snags a foul ball in mid-air while falling into the dugout!

The Rules RULE!

End of story!

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 the rules of court or how to use them to advantage.

Too many good folks believe mythological silver-bullet easy solutions to their legal problems. As a predictable result, they are losing … when they could be winning!

A host of wannabe legal gurus infest the internet and barbershops with half-baked 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.”

You may have heard people claiming you can win by challenging a judge’s oath of office, insisting a UCC lien can be used to create collateral for borrowers, insisting banks don’t loan “real money”, or that you can deny your citizenship and claim to be a “sovereign human being” above the law.

It might work in small claims or traffic court … but it will not carry the day for you in any kind of serious lawsuit or criminal case.

Hope in one hand and spit in the other. See which hand gets wet.

Learn how to use the rules!

It’s not expensive, and people who have my course tell us an 8th grader can learn it all in a single weekend.

If you have a lawyer, you’ll save thousands in legal fees by knowing what the lawyer should be doing … and you’ll maximize your chances for success by making certainthe lawyer does what should be done, instead of taking you for a ride to the poorhouse – as happens to so many good people these days.

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

The key is knowing the rules and how to use them!

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

 

More HathiTrust Lawsuit News

19 Sep

Here’s a bit more on the Authors Guild suit against the HathiTrust. There is short commentary by Irvin Muchnick criticizing the Guild’s action published in BeyondChron, an alternative paper in the San Francisco area. Muchnick, noted for his championship of…

 

Lawsuit Hope and Hype

23 Aug

Hoping for the BestSee the cute little blue fellow?

He’s hoping.

Not that hope isn’t a good thing.

Hope based on truth is a good thing.

Unrealistic hope is not.

Unprepared hope is not.

Uninformed hope is not.

In other words, hope based on hype is foolishness.

Received favorable responses to our last Tips & Tactics yet some still hold legal mythology is better than learning the official rules and how to use official rules.

I want you to WIN ! ! !

But, you cannot win hoping on hype … no matter how promising the hype may seem.

Sure, it would be great if you could get out of paying a speeding ticket by claiming you copyrighted your name so the courts can’t use your name without your permission, or that your name in ALL CAPITAL LETTERS isn’t “you”, or that you’re a “person” not a “citizen” and therefore above the law and no longer subject to government force.

It would be great to go about doing as you please with no regard to man’s law, claiming you’re serving God when, by the way, scripture tells us to obey those in authority over us (and, yes, you could insist no one has authority over you).

But, I want you to WIN in court!

You will not win if you refuse to learn the rules and how to use the rules to get justice legally.

You will not win if you show up in court with silver-bullet methods to “get around the law”.

Sure, once in awhile someone skips out of a busy traffic court by getting the judge exasperated with internet legal mythology, but I’ve been to court more than a few times since 1986 when I was first sworn in (and not to any British agency, by the way!) as a member of the Florida Bar. I’ve seen judges get exasperated and let people off scott-free. I’ve seen many more escorted by the bailiff to a cell where they were left to decide if they wished to be subject to the official rules.

You choose.

We all have that choice.

It’s our prerogative in this wonderful nation.

Go to court with legal mythology sold by those who wish you to believe you are “above the law of the land”, or go to court knowing how to use the official rules to get Justice the American Way … according to law!

In 24 hours with my affordable, official Jurisdictionary “How to Win in Court” step-by-step self-help course you will know how to command judges and stop crooked lawyers in their tracks!

It’s not mythology!

It’s all based on official rules YOU can use to get justice by demanding everyone follow the rules!

That’s what too many American Heros died to give you!

  1. Law and Order.
  2. Due Process.
  3. The Rule of Law.

These are the three things true patriots fight for!

 

eBook Price Fixing Charges Leveled Against Apple and Five the “Big 6” Publishers in Class Action Complaint

12 Aug

paidContent’s Laura Hazard Owen reviews the class action lawsuit filed on August 9, 2011 in the US District Court for the Northern District of California against Apple, Hachette, Simon & Schuster, Macmillan, HarperCollins and Penguin alleging the defendants unlawfully fixed…