Sharing some info

ohhhdear

LoanSafe Member
Apr 26, 2009
422
5
0
Florida
Just wanted to share some info--in case anyone is interested in filing a lawsuit or wants to know a little more about how the legal system works.

I am NOT a lawyer-- but I do know some of the basics concerning filing a lawsuit. This knowledge comes from lots of research and from personal experience.

Cases are based on FACTS & LAW---nothing else! Cases are NOT based on emotions--just facts & law. It's really not rocket science, like they want us to believe--but you must do your homework and find out what it takes to win!!

You need to figure out the "cause of action". There can be more than 1 cause of action.


You need to figure out if you have a winnable case. You do your work (get the facts and find the laws, including case law) BEFORE you file the "complaint".

Sometimes when a very good complaint is filed-- the party you are suing may likely want to settle! A settlement is fine with me!!! :)



Jurisdictionary defines complaint as:

"
<dl><dt>Complaint</dt><dd>Where it all begins. One person (thereafter called a party instead of a person) undertakes to force another person (also thereafter called a party and no longer a person) to do something the other does not wish to do. The first party filing the complaint is called the plaintiff. The party against whom the complaint is filed is called the defendant. There may be more than one defendant. There may be more than one person joined as plaintiff. The complaint is what sets the ball rolling. The complaint should plainly state a cause of action and all facts the plaintiff can prove in support of the allegations of each separate cause of action (i.e., allegations of sufficient facts to prove each count). The complaint demands an answer from the defendant, i.e., the public filing of a specific response to each of the numbered allegations of the plaintiff's complaint. The complaint and answer taken together comprise what are called the pleadings. Each side "pleads" with the court. The plaintiff complains to the court and obtains the court's jurisdiction over the defendant. The defendant answers and demands to be released from the court's jurisdiction or in turn seeks some remedy from the plaintiff. Each party seeks relief from the court by way of an order compelling the other to do something the other does not wish to do. The order sought may be a money judgment, an injunctive order, or some other exercise of state power. The parties before the court are called litigants. The plaintiff has the burden to prove his case. The complaint should completely state the plaintiff's case, without the slightest omission of any detail necessary to require a reasonable court to favorably decide the outcome. The complaint is the single most important document filed in any lawsuit (and, strangely, one of the least attended-to documents filed by lawyers today). Many lawyers follow what are called "form books". You get the idea. They use forms to draft their pleadings. The better practitioner wins his lawsuit on the day he files the complaint. The winning practitioner completely states his client's case in the complaint. Each count should allege a separate cause of action and include all provable facts that tend to establish the plaintiff's right to judgment on each such cause of action. The complaint should completely state the plaintiff's case. Do not be brief! Do not permit your lawyer to be brief! State your causes of action and state every fact you can prove that will support your causes of action. Don't be lazy. Do a good job, and you improve your chance of winning a thousand-fold."</dd><dt>
</dt></dl>
Jurisdictionary - The Letter C

Want to know more? Just let me know and I will write a little more.
 

ohhhdear

LoanSafe Member
Apr 26, 2009
422
5
0
Florida
The complaint is the single most important document filed in any lawsuit (and, strangely, one of the least attended-to documents filed by lawyers today). ..........

The winning practitioner completely states his client's case in the complaint. Each count should allege a separate cause of action and include all provable facts that tend to establish the plaintiff's right to judgment on each such cause of action.

The complaint should completely state the plaintiff's case. Do not be brief! Do not permit your lawyer to be brief! State your causes of action and state every fact you can prove that will support your causes of action. Don't be lazy. Do a good job, and you improve your chance of winning a thousand-fold."<dl><dt>
</dt></dl>
Jurisdictionary - The Letter C

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I tried to edit this--- because there were some points I wanted to emphasize!!!