Tuesday, February 15, 2011

Law of Your Case & the Rules of Court!s by Jurisditionary

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Whether you're being sued or suing someone else, you must understand these two simple things - or risk losing!
Winning is really very simple!
Every lawsuit turns on these two (2) simple things:
  1.  the law of the case and
  2. the rules of court (evidence and procedure)
That's all there is to this game we call court!
If you've been duped by amateurs into seeing lawsuits in any other way, or if you're so scared and confused it's all a muddy puddle of mind-boggling complications, rejoice!

Winning is EASY once you see this simple truth!

Download this diagram:Lawsuit Flowchart

Don't let anyone intimidate you into thinking this is too complicated for mere mortals to grasp or deceive you into thinking all lawyers are much smarter than the rest of the human race ... 'cause it ain't so!
Anyone can learn what it takes to win!
You simply need to start with a clear view of the field of play, the object of the game, and the rules that control all the players ... including judges and lawyers!

This little newsletter will get you started on the road to lawsuit victory. You'll learn the rest with my affordable, official step-by-step Jurisdictionary self-help course.

The law of the case is usually very simple!

No matter what kind of case yours is, if you'll trust me for just a moment (and check me on this) you'll find that every lawsuit turns on what we lawyers call "the law of the case". Every last one of them. Every single one!

In case you didn't know, I've been an attorney for 25 years. (Please don't hold that against me.) The last 13 years have been dedicated to help people just like you to pierce the mystery my profession has woven to hide the simple truths and tactics I teach in my affordable, official step-by-step course - to reveal the amazing simplicity my profession doesn't want you to know - just what you need to know to win in court ... with or without a lawyer!)
It IS simple ... as many thousands have learned!
For example, every foreclosure case turns (win or lose) on a very few legal principles that control the outcome of foreclosure - the rights of the lender versus the rights of the borrower. We attorneys call these principles "the law of the case" of foreclosure. It doesn't matter how big the bank or lender is. It doesn't matter how little the borrower is. The law of the case is the law of the case PERIOD!

The law of the case controls the outcome for those who know how to use the rules of court (evidence and procedure) to prove what the law requires.
Automobile negligence, contract disputes, malpractice, slander, false imprisonment ... whatever a case is about, you'll find "the law of the case" is simple and usually easy to find. My course even shows you how to find it!

Think about it this way: One need not know all the laws to win a simple contract dispute. The law of the case in a contract dispute is usually no more than a few appellate court opinions and perhaps a statute or two at most. If you find and can cite the official authorities that state the law of the case of contracts, you're halfway home!

The rest of the business of winning is simply using the rules to (1) allege what the law of the case requires, and to (2) prove what you've alleged ... whether you're the plaintiff bringing the case or the defendant trying to get out of the line of fire!
Now let's assume you've found the law of the case that fits the facts of your lawsuit - plaintiff or defendant. You have the official citations and made copies of those so the judge doesn't have to look them up. You've printed out the citations that command a victory for you IF you allege and prove what the law of the case requires.

This is where the rules of evidence and procedure come into play ... and these are incredibly easy to learn!

Let's say a plaintiff is coming after you to foreclose on your home. The first thing you do is find the law of the case that will control the outcome in your state. You now know what must be alleged by the plaintiff and proven by the plaintiff in order for the plaintiff to win. You also now know what you must allege in affirmative defenses and what you need to do with discovery and motions to prove the plaintiff cannot meet the burden of the law.
This stuff really is easy once you see the parts and how they all fit together!

You have tremendous power on your side ... once you know how the game is played to win!
In the 13 years since we started Jurisdictionary I've found the most debilitating factor that infects good people with hopelessness is fear that derives solely from lack of knowlege how the game of litigation is played to win! Not knowing creates fear. Knowledge displaces fear with the confidence you need to overcome your opponent!

Take any apparently complicated thing apart to examine its component parts and you can quickly see how they all fit together. When you first begin, it seems impossible.

If someone shows you how each separate part works with each of the other parts, even the most complicated things are suddenly easy-to-understand. The mystery my profession has woven disappears!
  1. All lawsuits turn on the law of the case.
  2. All lawsuits are won (or lost) by clever (or clumsy) use of the rules of court to prove the law and facts.

That's all there is to lawsuits - every one of them!
Every one of you has great legal power!
Sadly, many good people never discover the power that is theirs ... so people who know how to use the rules of court and the law of the case take advantage of them!

Jurisdictionary wants to turn the tables on crooked lawyers and biased judges and protect the "little guys and gals" that are being taken advantage of simply because no one has ever come out with a course like this. No one has ever cared enough to tell you the truth. No one has ever made it this easy-to-understand!
It is easy-to-understand how to win in court once you see things the way I teach them!
Once you find the law of the case (usually no more than two or three statutes and a half-dozen controlling case opinions from appellate courts) you know what must be alleged in the pleadings and what must be proved using discovery and motions and memoranda!
  1. The law of the case tells what must be alleged and proved, i.e., the law and the controlling facts.
  2. The rules of court tell us how to allege and prove the law and the controlling facts.
There's nothing more to it than that.


Lawyers may drag out a case (so they can make more money billing for their time), and many insist on going to trial (which costs even more money).
But, if you hold the winning cards (i.e., if the law of the case and the facts favor your cause) you can win before trial!
The full details you need to know are in my affordable step-by-step Jurisdictionary course.
To learn more, go to: www.Jurisdictionary.com

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