Monday, October 18, 2010

How to Dodge a Lawsuit !

In this article, Dr. Frederick David Graves, JD tells you how simple it can be to get the case simply thrown out of court. I loved this part of his course. And I found it very useful when I applied it to settle out of court. It seems that one sentence of their lawsuit made no sense at all and so the whole pleading could be thrown out – and never be brought up again…

There are several ways to dodge a lawsuit.Win with Jurisdictionary!

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.

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There are really just a few things you need to know to win your case (if you have a winning case). The essential tools and elements are explained in the video that you can watch right now by clicking the judge.

You won't believe me, but most lawyers (and nearly all law school professors) don't have a clue what it takes to win. Many law schools don't teach "causes of action" or the elements necessary to prevail. It's true!

Many law schools don't teach how to use your five (5) discovery tools or why you must be courageous and fight the judge and demand your right to get evidence in the record using your discovery tools.

Many lawyers are afraid to upset judges, so they let things slide. They don't object. They don't "instruct" the judge on the law. They just lay back, take their hourly fee, and let their clients lose ... and those who pay lawyers yet don't know what Jurisdictionary teaches about winning are led to the slaughter by their own lawyer.

Sad, but true!

I know what it takes to win. I did this 25 years!

My Jurisdictionary will show you how in just 24-hours, step-by-step!

The Jurisdictionary Method wins lawsuits!

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