
FL 12.940(d) 2015-2025 free printable template
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Welcome to jurisdiction Aries lawsuit self-help what it takes to win want to know how good lawyers win their cases and why bad lawyers lose this introduction to our famous jurisdiction area lawsuit course we'll explain and get you started on the road to winning lawsuits good lawyers know the key to winning while bad lawyers and amateur lawyers fumble around in the dark unable to unlock their case unable to open the door to control the court the key to winning is simple actually all that's needed is to know a few basic tactics and how to carry them through to control the court firstly all winnable cases are based on valid claims that's the bedrock of our legal system it may be loss resulting from breach of contract fraud or trickery medical malpractice or a criminal act if the plaintiffs case isn't based on at least one valid claim then fancy tricks and clever arguments will do little good he has no claim to win the defendants job then is to prove the plaintiff has no claim and get the case dismissed if the plaintiff has a winnable case based on at least one valid claim then he must prove his claim with admissible evidence the defendants job is to show the plaintiff cannot prove the essential facts that support his claim sounds simple it is maybe not as easy as a one-inch putt but simple once you understand what we teach just remember every winnable case is based on at least one valid claim in order to win with a valid claim the plaintiff must do two things first allege the essential facts of his case and second prove those alleged facts with admissible evidence the plaintiff alleges is essential facts with his complaint if the defendant cannot get the case dismissed by moving to strike or dismiss it then the defendant files an answer and affirmative fences defendants job now is to show the plaintiff does not have the greater weight of evidence his job is to show that he and not the plaintiff has more evidence in defense of the claim every claim must meet certain legal and factual requirements to avoid dismissal for failure to state a claim on which the court can grant relief we sometimes call these claims causes of action every cause of action must allege certain fact elements depending on the type of claim for example a cause of action for breach of contract must allege ultimate facts to support three elements number one existence of an enforceable contract promise or agreement number two an act by the defendant that constitutes breach and number three money damages suffered by the plaintiff as a direct result of the breach many plaintiffs fail at this initial stage because they write a letter to the judge instead of drafting effective pleadings many defendants fail because they don't focus their energy on disproving the plaintiffs essential fact elements allowing themselves to be sidetracked by issues that ultimately have no consequence in the case if the plaintiff alleges improves all the essential fact elements of his case he wins if the...
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