Jurisdictionary Part 1Cause of Action Moving the Court Flow Chart Part 2- Confidence Facts and Law Liability

and Damages We have to prove that the opposing party is legally liable for our damages We Have to prove we were damages as a Direct and Proximate Result What is the proximate causation of this persons damage if there are supposed dam ages. Every cause of action rises as a BREACH OF DUTY- which causes damages. Has to h ave a Cause of Action to cause damages. The Attorney, nor the Judge is going to help - Must move the court and Set/Sched ule the court for hearing. Present facts and the law, the liability and damages , move the court. Anticipate what the other party is likely to do. Part 3- STATING YOUR CASE / DRAFTING AFFECTIVE PLEADING Simplicity to win. Cause of Action / Right to Sue / Right to Get Damages PLAINTIFF- has to STATE the CAUSE of ACTION. Is the Cause of Action. What was the duty? Negligence? Every Cause of Action - Duty? Breach? Damages? Must pro ve the Cuase of Action. DEFENDANT- has to tear apart. Show Plaintiff cant prove. Part 4- Precision and Simplicity If you are Defendant, DONT move the Court. If you are Plaintiff - take deposition, do discovery, move the court. Anything that doesnt get to Judgment is a waste of time. Not all wrongs have a remedy. Causes of Action - "Cause of Action", "Element/s". One or words for causes of ac tion ie: tortious interference. Plaintiff failed to state a cause of action. It must show existance

Certificate of Service Verification Answer (might not file). 2. The Complaint is statements that the othe r party must Admit or Deny. 1. They have to prove I had a duty. Suffered Damages. Is the Pleading an Element? . Intentional and Unjustified interference.Has to be alleged and proved. COMPLAINT and SUMMONS . Part 6 . Did they state and/or prove the Elements? Failure to state all of the Elements? Did they Prove all the Elements? If not.PLEADINGS Framing our Pleadings Ultimately the only thing that is going to be looked at at trial is the PLEADING S. Amend Plead ings after they file the Answer. Get everything in the pleadings except extra work.COMPLAINT Discovery can start at the beginning. Knowledge of the Relationship. Must be alleged and proved an Existance of an advantageous business Relations hip.Tutorial Causes of Action . 3. we havent done our JOB!!!!!!!!!!!!! PART 7. OPPOSING PARTY if RECEIVES AFFIRMATIVE DEFENSES MUST REPLY. REMEDIES: Equitable Remedy and Money Damages. Part 5. breach. Dont put anything 5 tools for DiscoveryRequest for Admissions Request for Production Interrogatories Depositions (Only do AFTER first 3 are done) Court Orders / (Includes Subpeonas) (First 3 are mostly used. Can interwin in an Answer with CounterClaim. I have to know it exists. and damages. 3. If we HAVENT WON before TRIAL. From time to time we need to Move the Court to Amend the Pleadings. They are in form of written questions) Oppositing Party through Depositions for a Protective Order on a witness.If not properly served.Pleadings. this is a PL EADING. 4. 4. What is in the Pleadings. (4 elements to cause o f action) 1. DUTY / BREACH / DAMAGES. they must dismiss it. Must State all of the Elements. 2. which is At Law remedy(money Damag es or an Action) or some form of Injunction. AFFIRMATIVE DEFENSE: Always filed Affirmative Defense if you can.

Motion for more Definate Statement. Admit / Deny / Without Knowledge Get the FACTS into the Record. put Deny / Admit / Without Knowledge. Motion to Strike 4. Outside of the Pleadings are .within the answer I have a Cross-Claim against another party withi n the suit. As a Direct Result Plaintiff lost ---. Failutre to State a Cause of Action. Wherefore clause. Affirmative Defense . Discovery. . Motion to Dismiss the Complaint can include. 5. Must be in the pleadings to get a chan ce of Relief.KEEP IT SIMPLE : Plaintiff action is barred by the Statut e of Limitations.(count 1) / (Count 2) Tortious Interferen ce. If it isnt pleadings. PART 10.MULTI-COUNT COMPLAINT We entered into Verbal Agreement. Alledge the Facts. they state the Factual Eleme nts. Lack of Subject Matter Jurisdiction. Failure to Join an Indespensable Party. Judge may never read the Complaint. Copy of contract is attached. PART 9 .Motions. they State Causes of Action. Stating Plaintiff and Defendant entered into a written agre ement. 3. Put the damages. Cant complete Discovery until After the opposing Party Answers. Why the cour t has subject matter jurisdiction. I have to show perf ormance. Jurisdicitional allegations. Discovery starts with the Pleadings. no relief is okay. Failure to State the Elements !!!!MUST Move the Court to enter an Order!!!!. Defendant knew of the Relationship.ANSWERING THE COMPLAINTIf Defendant Answers only. If I AM PLAINTIFF Pleadings State CASES. State ultimate Facts (not that have to go beyond elements). How did you suffer damages. 7. Lack of Inpersonam Jurisidiction. 1. Restate beginning. 6. 2.AVOIDING THE ANSWER.1st kind of Pleading is a Complaint. Demands Strict proof thereto? Counter-Claim Cross Claim . (what it is that we want/damages) PART 8 .

you might have to file a WRIT OF MANDAMUS. Clerk can issue subpeona they can do a Motion for Contempt. Some up front. -failure to state damages RULES.. I want to see the originals.. CASES. Plaintiff's first Request Plaintiff. another party. If they have produced it. Sometimes to get the Order completed.. CONSTITUTIONS. etc.. Have a court reporter. It is Ordered and Adjudged that .. then go to judge and YOU ARE COMMANDED.Wherefore Defendant is moving the cou rt .-for failure to state a cause of action -Allegation of Damages is necessary for breach of contract.. Statutes of Frauds. NEED To get Record of the FACTS i n the Pleadings. Record Speaks for Itself.s second Request . We have a couple times to use it. then after if they dont follow.NOTICE OF TAKING. at times Public Policy. Interrogatories: Use them sparingly. MOTION TO SHOW CAUSE Before you MOTION FOR CONTEMPT Subpeona Power . PART 11.. If Affidavit is signed by anothe r party..His testimony. they can not remove it. records. Defendant should be ordered to state the complaint m Restate the Complaint? Use Affirmative Defenses.Moti on to Compel Discovery if they are not answering.DISCOVERY OF EVIDENCE Judge is not supposed to Object for the Other side. True / False .I want to depose the ___________________. Estoppel.. not named.pursuant to the rule. PART 12. is hearsay and is inadmissable> Rules of Evidence Court Powers / Speical Court order Motion to Compel and set it for hearing. 3 Ways to NOT Answer-???????????????????????? 1.. Request for Production: Get everything. then file Motion for Contempt. He Hasnt answered. Some after Deposition and Before Trial (Affidavit is NOT Admissable) . If I/Attorney does the Subpeona first file Motion to Show Cause. STATUTES.MOVING THE COURT Depositions . Motion to Strike (Copy of Case) / Set it for Hearing / Vague Ambiguous. 5 tools to get into evidence: Request for Admissions: Admit the truth to the following. books.

. plead. What do I have to set up for Appelate court. an in house camera? Epstein v.Citations. make sure to have a copy of the case.. Constitutions 2. Be prepared to recuse the judge if he/she objects or is bias. 4. -Plaintiff has not completed discovery. Findlaw. Use JN's sparingly.. To build the case. Cite it Correctly. Statutes.. Approaching the Bench . 3. Case Law controlling that Court Judicial Notice/ Imperative Judicial Notice. MAKE YOUR ARGUMENTS IN WRITING!! ARGUMENTS: -The foregoing issue has not been adjudicated. Demand the Court do. MOVE THE COURT . CITING Case Law. Whenever you have a motion or memorandom.LEGAL AUTHORITIES: 1.you can ____ .. Annotated Statutes / Cases 3. And the court to adjudicate -No evidence has been presented to contradict Plaintiffs allegations in regard t o the foregoing issue.Tell them a bout the Rule of Law.talks abou the facts th at applies.Combination Motion can happen. 2. MEMORANDA PART I Rules.PART 13. case out of Flo rida (Bond vs.. Guidance.. Cant subpeona judge. MUST get a court Reporter. dont ask. Tilte. include a copy for the Plaintiff in advance. This court should __________________because (CITE)______________________. bailiff. -It is reversable error to grant summary judgement where depositions are still p ending. Plaintiff has a motion for _______________________. law.. and the Law. Cases that Control the Trial (Advisory (another state) / State Supreme Court) 4.Caption. PART 14. Wherefore clause (enter an order to deny.In your memorandum. Keep motion short!!! Memorandum in support of Defendents Motion to XXXXXXXX .. How to Keep from being Appealable. Copies of the cases PART 16.).Don't beg.com How to Cite the Law: Blue Book. (tell judge what it is by Cases from court above you. Public Interest How to read the authorities: When one party argues trade secrets . means including the CASE!!!! PART 15-MEMORANDA PART II In a Motion .KNOWING THE LAW Every court house has a court library and a librarian. the Facts.). and at hearing to judge: did you read my memorandum? did you read my motion? -Memorandom has 1. Statutes. Us.of a statute. Federal district court 5. Preamble.

Credibiltiy. it can be kept out where its prejudicial. -Affidavit. tell us about the chain of custody. -Character. If #1 fails.102?.records. Reliability. MUST PRESERVE YOUR RECORD\ PRIVELAGES Attorney/client PrivelagedWork Product.COMMON EVIDENCE TRAPS -Failed Authentication if its a copy. then its not hearsay. reliability. and if he does or if he is goi ng to testify. privelage. Object. DEPOSITION: WHAT HAPPENED: AND THEN WHAT HAPPENED: . FILING.EXCEPTIONS TO HEARSAY -Statements to self interest.only if convicted / or moral perpetude.has to be anticipation WAIVERS IMPEACHMENT . with or without leave of court? PART 17 . irrelevent. whoever said that had to be contrary to his intere st -Not likely to make false statements . -Hearsay -Objections . prejudice.testimony / impeach for inconsistant prior statement.hearsay. relevance. competa nce. file a motion to amend.shifts burdan of p roof. leading. Has to be Reliable. Call the Attorney and ask first.Excuse me. Relevence. he must be put under oath.for consideration by jury -Excited utterance rule. No need for court to have to honor it 2. -Judicial Notice-Admissability .unduly prejudice this honorable court.how excited were they? Are they like that all the time ? Continuation of Impeachment: Defective Capacity Lack of First Hand Knowledge Incompetant Substantial evidence Declarant is not available. if it will affec t the outcome.___________? AMENDING A MOTION. Material. Presumptions. Are they available for Cross Examined. Bar Rule Prohibited This attorney does not have first hand knowledge. and not subject to cross-verification. ANSWER 1. rule 90. PART 18. -Subpeona. -Testimony by Attorney.

.. get a Certified Copy. we will show you that. If not. Must have an Execution (many times they forget..... or dont)... We can infer from the Direct facts only...Court Records are self authentication. and Conclusion)...Settle the Case: -If you have a case and -Right to a jury. bring the judgment..com PART 20-Preparing Order -WRITE THE ORDER -Be the First to offer to write the Order.. -If they have a transcription. Repeat what Judge Said...ordered and adjudged... you heard the testimony of the plaintiff. This court finds that (finding of Fact)." T his commands the Sherriff to execute the judgment WHEN AND HOW TO SETTLE: . (including Finding of Fact.. -If you get a judgment make sure it says : "For which let execution issue.....3 days before trial .. have them issue a writ...CIRCUMSTANTIAL EVIDENCE Direct Facts. Writ is issued by the clerk.. -On and For the Record.. you have nothing for the Appelate Court... gadiwells. You CAN NOT infer from inference... PART 21 -JUDGEMENTS AND EXECUTION CHECK the Judgement....... -Closing Statement.... You can win a case on Circumstantial Evidence.does not comport with Judges formal ruling.PART 19 .. I can ask that the judge/jury infer... Must include an Execution which is a Writ.. Make sure to include Finding of Facts. If ... -Submit Order. you heard the customers to which of all stated that... which COMMANDS the Sherriff to take possession.We presented evidence. we showed you . not a recording.. -Opening Statement: Your honor... jury decide the facts. Authentication: ..... of the Tra nscript... Go to clerk.. might have to post a bond. This Cause hav ing come before the court. Is it a fact that I. Sometime judges can decide the la w and the facts. you heard the testimony of .. Judges decide the law... -Include Transcript. Non Self Authenticating: -Photocopy / Object -Require Originals TRIAL .

ASK FOR REHEARING BECAUSE JUDGE was wrong. WATCH YOUR TIME. and provide them. or that the Plaintiff. citing. Maxi ms. DONT DELAY . If he sues again after release. or Non-negotiable instrument.A thing similar is never exactly the same. !!!!!(Cause of Action and the Elements of the Causes of Action missing)!!!!! -Get transcripts of all the Hearings. Notice of Appeal . -When am I entitled to interest. what are the issues. IMPORTANTL: If I sue on Promissory Note and pr omissory note was bearing interest. PART 22. Self-Evident Truth . but CAN get a Post -judgment interest. Embezzlement loss.JURISDICTION Where does the authority come from? -Can get a petition and change the Constitution. Pay for Attendance.is things. Or an offer of judgment of Attorneys fees. let him know. the rule say this should be done.. PREPARE FOR APPEAL. -If you sue on a PN. make them timely. I have a right to make a record. Good thing t o file. here is the record.. you can't get pre-judment interest. and get Post-Judgment Interest. MUST ASK FOR IT -When its time to do the judgment Make sure the COURT puts in there a Pre-Judgme nt Interest. GETTING RELEASES -I release every and all rights and causes of action that I may have had or had from the beginning of the world. WRITTEN OBJECTION. you MUST PREY FOR it in the P leadings.must be filed within 30 days of the Judges Order.make them on the record. I am entitled to the interest of the PN through the Date of Judgment -If I sue for negligence. Motion to Reconsider / Motion for a Rehearing .like a memorandom. -Attorneys fees and costs. -In Personam . Making a Record. -Make an Appealable Case.Preserving Your Objections Preserve your objections> If a judge interrupts. Gives another opportunity to make a record. -Your honor.Judge signs order. -Try not to be the first one to make an offer.Make your case BEFORE trial. In rem. PART 23. this is what the case says. What is the law.Release and Waive r RELEASE AND WAIVER PREPARING FOR APPEAL -Defendant did not plead all the essential facts in their pleading. your honor. Drafting an Appelate Brief. probate. Make sure to Exclude Attorney Fees Prior!!!!!!!!!!!!!!!!! -Prey for it in Pleadings. I am trying to make a record. This is what the statute says. The issue s are. file and Affirmative Defense ..over person."". like dead person. -Stick to the citations. counting Cost and Risk of Tria l.

What did the Appelate court say what is Legal Suffic iancy. In the spirit of the right... I cant find the law but your honor let me provide the .equitable remedy .. Rule maki ng power is in the Court..You can control the judge this way.Resonable time. SHERRIFFS Boss is the CIRCUIT COURT Courts Part 24-CONTROLLING JUDGES Must be LEGAL SUFFICIANCY. Courts can not disseminate legislature. there should be a law about this. etc. . and Im hoping that you'll make the right judgm ent after I show you why.. Demand Justice. Courts have INHERENT power to Enforce t heir Rules..you can own.MAXIMS CONTROL THE COURT~!!!!!!!!!!!!!! Learn all the Maxims. LACHES. Make a written record of the objections. Court has equitable power and discretion. COURT CAN NOT DISAGREE WITH MAXIMS ---Constitutions create Maxims. Part 25-SUMMATION Frame the Pleadings.and tlet me bring the witness.how fast you can drive. how man y.Case Law is controlled by the Maxims.. Courts can not legislate substantive law. because by god. The wisdon o f the Constitution that are in the underlying fixed MAXIMS Statutes are JUDGED by MAXIMS ..

Sign up to vote on this title
UsefulNot useful