Monday, March 5, 2012

Lawsuit Anatomy


Below is one of the many emails received from Jurisdictionary .  As simple as remembering CAT?

( email from Author of"How to Win" Step-by-Step Self-Help Course )
Jurisdictionary

 

Lawsuit Anatomy

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 examining admissible 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!
Related Reading: Legal Online Self Help 
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"Standing in the Shadow of the Law", 4th Ed.

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May you find Strength in Your Higher Power,
 GranPa Chuck