In this article, Dr. Frederick David Graves, JD describes the basics of how a courtroom and the judicial system works. Once you understand this, it’s a simple next step to deal with exactly what these guys are trying to pull. And believe me, it’s not rocket science. According to Dr. Graves, most of the people he’s dealt with don’t even know what he’s telling you here…
Start to learn lawsuit anatomy by spelling: CAT.
Here are the 3 basic steps of every lawsuit.
- 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.
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. It's all explained in my affordable Jurisdictionary course. You can learn it all step-by-step in just 24-hours.
For example, there are 3 Motions the defendant can use to avoid filing an answer:
- Motion to Dismiss
- Motion to Strike
- Motion for More Definite Statement
After plaintiff files his Complaint, defendant may file any one or all of these motions so he need not answer. If the "flurry of motions" fails, defendant must file an Answer to the complaint - at which time he must also file Affirmative Defenses, possibly adding counter-claims, cross-claims, or third-party complaints. (All explained in my course.)
At any time after the Complaint is filed, either side may use these 5 discovery tools to get facts that may lead to admissible evidence:
- Admissions
- Production
- Interrogatories
- Depositions
- Subpoenas and other court orders
Knowing how to use discovery tools (and how to force your opponent to respond truthfully) is essential if you want to win! (All explained in my affordable course.)
Lawyers typically play every dirty trick in the book to keep you from getting the evidence you need into the court's record, so you must know how to fight back!
That's the Anatomy of Every Lawsuit!
Yes! It really is this simple!
If you want to make it complicated and muddy the pond with all kinds of nutty arguments, you can do so and lose.
If you want to win, get my affordable Jurisdictionary step-by-step 24-hour course now and master the case-winning strategies and tactics I used for 25 years as a case-winning lawyer in state and federal courts.
Every lawsuit has this same fundamental anatomy. The same motions. The same discovery tools.
Do you need to win your lawsuit?
If you have your own lawyer, know what your lawyer should be doing to earn his fee and win your case.
If you don't have a lawyer, know what you must do to make the judge do his job and prevent the other side from cheating.
It's just that simple.
My affordable Jurisdictionary 24-hour step-by-step lawsuit course will show you how to write powerful pleadings, how to draft and argue motions, how to object in court, how to get admissible evidence into the record, how to prevent the other side from getting lies into the record, how to do legal research, how to compose your legal arguments, and much, much more.
You'll learn how to avoid filing an answer by moving the court to dismiss or strike the complaint or require a confusing or poorly-worded complaint to be re-written. You'll learn how to use effective discovery tools to force the other side to produce facts that may lead to admissible evidence. You'll discover how to move the court and demand that the judge enforce your legal rights.
In short, you'll learn how to save money, maximize your winning power, and resolve conflicts peacefully and profitably ... according to the rules!
________________________________________
Once you master the simple concepts I teach, you'll be more powerful than most lawyers I met in 25 years as a licensed lawyer in state and federal courts as a licensed bar attorney!
Of course you cannot learn all you need to know about what it takes to win by waiting for my Tips & Tactics each week. You need to learn the case-winning tactics in my affordable Jurisdictionary course that will show you what it takes to win, step-by-step in just 24-hours.
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.
If you don't know what opportunities you have in court, you don't have much of a chance of winning!
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!
Remember: Winners are people who know how the game is played to win -- whether plaintiff or defendant.
No comments:
Post a Comment