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December 29, 2018 By Sonja Ebron 2 Comments

How To Analyze A Civil Case And Craft A Litigation Strategy, Part 2

Litigation Strategy

Earlier, we outlined a recipe for analyzing a case and creating a litigation strategy. The right litigation strategy can help a pro se litigant choose the next step in a case. In this second part, we use a simple slip and fall scenario to test the recipe. Thinking through your own scenario from beginning to end can be the start of a successful experience in court.

Tagged With: case analysis, litigation stages, litigation strategy

October 14, 2018 By Brian Vukadinovich 19 Comments

U.S. Courts Are Dismissing Too Many Cases And Violating The Constitution

violating the constitution

The right to a jury trial is part of the U.S. Constitution. So why don’t most cases reach a jury? Sure, many cases are settled, and some are frivolous, not worthy of being considered. But there are enough meritorious claims to keep our courthouses busy. Or maybe not, according to the nation’s judges. They are dismissing cases left and right. You won’t believe how few cases reach a jury.

Tagged With: constitution, dismissal, jury trial, summary judgment

October 9, 2018 By Debra Slone 2 Comments

Things To Remember When Writing The Answer And Affirmative Defenses

writing affirmative defenses

When you’re sued and you want to avoid a default judgment, one of the first things you must do is respond. You can respond in a motion or pleading that essentially says, “Yo! I’m here, and I don’t agree with everything you say,” or “You might be right, but I’m not liable,” or “You can’t sue me because you done screwed everything up.” The first is an answer. The second is an answer and affirmative defenses. The third is a motion to dismiss. Here, we’re concerned with the second, the answer and affirmative defense.

Tagged With: affirmative defenses, answer

July 9, 2018 By Debra Slone 5 Comments

What Can I File At Each Stage Of Litigation?

files

Litigation is fluid, and you can file many documents at any stage. However, this list will make you aware of available litigation documents and when they are most commonly filed.

Tagged With: answer, appeal, complaint, discovery, stages, trial

June 21, 2018 By Debra Slone 1 Comment

Simple Strategies For Each Stage Of Litigation

simple strategies for litigation

Understanding the litigation process will help you formulate the basic strategies you need to put up an effective fight. These simple strategies are designed to give you an idea of things to look out for at each stage of litigation.

Tagged With: answer, appeal, complaint, discovery, stages, strategy, trial

May 28, 2018 By Debra Slone 12 Comments

31 Affirmative Defenses And How To Assert Them

31 affirmative defenses

Knowing the elements of an affirmative defense and having the ability to properly assert that defense takes you a long way to managing your case strategically. As a pro se litigant, it also helps you gain much respect (but not much love) from your opponent.

Tagged With: affirmative defenses, breach of contract, fraud

January 29, 2017 By Sonja Ebron 2 Comments

The Affirmative Defense Of Unclean Hands

affirmative defense for unclean hands

A party seeking equity must come to court with “clean hands”. Makes sense, right? You go to court seeking justice for a wrong someone’s done to you. But when you’ve done something foul yourself, don’t ask a court to help you gain from it.

Tagged With: affirmative defenses, elements of a claim, unclean hands

December 1, 2016 By Sonja Ebron Leave a Comment

The Affirmative Defense Of Laches

laches

Don’t you just hate it when people wait to complain about something you did? You might have explained the circumstances or defended yourself if they’d said something at the time. But now you don’t remember the details. The law has an affirmative defense that could help in this situation, the doctrine of laches.

Tagged With: elements of a claim, laches, statute of limitations

January 21, 2016 By Sonja Ebron 9 Comments

Uber Passenger From Hell Beats Driver Then Sues Him

uber passenger

Remember that time you doubled down on crazy? Ben Golden will never forget it. He’s the California Uber passenger who got drunk, hired a ride, forgot his address, got dropped off early, then beat his driver on video. Now he’s suing his victim for sharing the video. That’s crazy squared.

Tagged With: assault, counterclaim, independent contractor, Uber

September 24, 2015 By Sonja Ebron 7 Comments

Caught By Camera, Charged By Mail, And Determined To Fight The Ticket

fighting a ticket

I’ve had plenty of traffic tickets, and I’ve hated every one. But there’s nothing worse than getting one in the mail for something you can’t remember doing. Luckily, there was a link to a video of my car running a stop sign. Well that settles it, right? Not quite. I have many questions, starting with ‘Why is a private company billing me for driving on a public road?’ We will have to see about this because I’ve never lost in traffic court. Things could get ugly.

Tagged With: constitution, discovery, traffic ticket

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