Post by Jim on Sept 1, 2010 20:14:58 GMT -5
Start to learn lawsuit anatomy by spelling: CAT.
Here are the 3 basic steps of every lawsuit.
Complaint - Answer - Trial
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.
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 Cefenses, possibly adding counter-claims, cross-claims, or third-party complaints.
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!
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!
Every lawsuit has this same fundamental anatomy. The same motions. The same discovery tools.
Here are the 3 basic steps of every lawsuit.
Complaint - Answer - Trial
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.
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 Cefenses, possibly adding counter-claims, cross-claims, or third-party complaints.
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!
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!
Every lawsuit has this same fundamental anatomy. The same motions. The same discovery tools.
