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Posts Tagged ‘damages’

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 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


 

What if the Negligent Driver Who Hits Your Car Has Expired Auto Insurance?

13 Jan

Uninsured driver cause you property damage? Dont assume you cant get your damages paid. Demand payment from the driver, the owner(s) and even the employer(s) before you decide whether or not to sue everyone. Continue reading


 

Excessive File Sharing Verdict Rejected By Trial Court For the Third and Final Time

22 Jul

The hardest working case in showbiz made another appearance today. It’s the Jammie Thomas-Rasset song file sharing case. Judge Davis has had enough. There were three trials on damages due to the parties’ refusal to accept the jury award or…

 

Transocean Counter Sues BP, Among Others, Over Oil Spill Liability

02 Jun