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Posts Tagged ‘motions’

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.

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

 

How to Dodge a Lawsuit

30 Jul

 

 

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!

www.Jurisdictionary.com

 

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Posted in Arguing in Court, Constitutional Law, Current Affairs, Going to Court, Law School News & Views, U.S. Courts

 

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!

• 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

 

 

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Posted in Electronic Resource, Going to Court, Law School News & Views, Products & Services, U.S. Courts

 

How To Get A Misdemeanor Conviction Expunged

05 Feb

Clean up a criminal record or DUI Conviction by getting an expungement. Here is an Attorney’s explanation of what can be done to expunge DUIs, misdemeanors and felonies in California and how 17b motions work. Continue reading →

 

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Posted in 14601, 17b, 17b motion, 23152, clean up criminal record, expunge dui, Expungements, penal code, probation, wobbler

 

Get a Felony Reduced to a Misdemeanor? Judge Has Discretion.

17 Oct

Motions to reduce a felony charge to a misdemeanor are common, and can be used before and/or after a conviction to avoid a felony record. Continue reading →

 

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Posted in 17b motion, felony, Going to Court, misdemeanor, penal code

 

How to End DUI or Misdemeanor Probation Early in California. Recommended Form.

24 Aug

How to end DUI, misdemeanor, and even felony probation early in California. It can be done using Penal Code section 1203.3 and a well written Motion and Declaration. Recommended Form. Continue reading →

 

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Posted in 1203.1, DUI Information, Expungements, forms, Going to Court, misdemeanor, probation

 

How to Use Pre Trial Motions in Traffic Ticket Trials to Limit Evidence

28 Jun

Using Pre Trial Motions in Traffic Ticket trials can help you win, and look professional. Here is an Attorney’s explanation of how write and use Motions in Limine for Traffic Court. Continue reading →

 

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Posted in forms, Going to Court, Traffic Court Trials

 

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

 

How to Make Offers of Proof

31 May

From the Jurisdictionary Evidence Tutorial …  If you begin to offer evidence and, before you can get it before the court, the other side objects and the court sustains the objection,  you must move the court to allow you to make clear on the record what the evidence was. This is called an offer of proof. If you don’t get your evidence in and don’t offer the proof, you’ll have nothing to appeal if the court rules against you. You won’t be able to win on appeal, because the record for the appellate court to review will not show what the evidence would have been! Therefore, when your attempt to get evidence in is prevented by the court’s sustaining the other side’s objection, be sure to make an offer of proof stating what the evidence would have been and what you intended to prove by it. Then, if an appeal must be taken to the higher court on the basis that you were not allowed to get the evidence in, you’ll have a record to show what the evidence was (or would have been) and be able to argue that “but for” the excluded evidence you would have won … or, at least, that you should be given another chance on remand to the trial court with instructions from the appellate court! In jury trials, offers of proof should be made outside the hearing of the jury. In some cases an offer of proof may be made at the bench, but if you make your offer of proof at the bench, make certain the court reporter comes over to the bench along with his or her recording device to take down every word you, the judge, and other side say! No record = no appeal possible. No appeal possible = judge free to rule as he chooses! Not good. To learn more about offers of proof, evidence, motions, hearings, pleadings, witness testimony, and other essential know-how you must have to win in court (with or without a lawyer), discover the easy-to-learn methods I teach in my affordable step-by-step official Jurisdictionary self-help course). I’ve been working 25 years as a case-winning lawyer. Accept no substitutes!

 

8 Comments

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

 

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