Scribd
Upload
93 views2 pages

Legal Strategies for Winning Cases

The document outlines 9 elements to consider when trying to win a lawsuit: 1. Gather all relevant facts accurately as the case will depend on how these facts are applied based on truth. Lying will undermine the case. 2. Determine if the facts align with a particular statute and if that statute was breached. 3. Consider if the relevant statute is constitutional or unfair. This stage indicates the likelihood of success. 4. Research previous decided cases to see if their rulings apply based on the facts, statute, and constitution in the current case. 9. The client's desired outcome from the lawsuit will determine the result of the case.

Uploaded by

joe
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
93 views2 pages

Legal Strategies for Winning Cases

The document outlines 9 elements to consider when trying to win a lawsuit: 1. Gather all relevant facts accurately as the case will depend on how these facts are applied based on truth. Lying will undermine the case. 2. Determine if the facts align with a particular statute and if that statute was breached. 3. Consider if the relevant statute is constitutional or unfair. This stage indicates the likelihood of success. 4. Research previous decided cases to see if their rulings apply based on the facts, statute, and constitution in the current case. 9. The client's desired outcome from the lawsuit will determine the result of the case.

Uploaded by

joe
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 2

WINNING A LAWSUIT

Litigation: A machine which you go into as a pig and come out of as a


sausage. (Ambrose Bierce)

"An incompetent lawyer can delay a trial for months or years. A


competent lawyer can delay one even longer." (Evelle Younger, Former
California District Attorney, Prosecuting Charles Manson and Sirhan
Bishara Sirhan)

Of course people are getting smarter nowadays; they are letting lawyers
instead of their conscience be their guides." - Will Rogers, American
Cowboy and Humorist

ELEMENT 1: FACTS: Who, what, when, where, why - the WIN will depend on HOW
we apply all the elements based on all the Facts you can summon based on the truth
and accuracy. When you lie, the lawsuit will die.

ELEMENT 2: STATUTE: Do the Facts fit a particular statute; or, do the facts show
that a particular statute was breached, violated, disobeyed, broken; or, is the other
side trying to shoehorn the facts into a statute?

ELEMENT 3: CONSTITUTION: Is the Statute constitutional? Is the Statute unfair,


unjust and unconscionable? At this stage, you can determine your success in
winning. But be cautious of federal common law.

ELEMENT 4: DECIDED CASES (common law, stare decisis, case law). Do Decided
Cases in the past apply to the Facts, the Statute, and the Constitution in your case?

ELEMENT 5: JURISPRUDENCE: PRINCIPLES, MAXIMS & DOCTRINES OF LAW: Do


these references apply to your case? Can you trump Decide Cases with higher law?

ELEMENT 6: RESTATMENT OF THE LAW (American Law Institute): The American


Law Institute (ALI) was established in 1923 to promote the clarification and
simplification of United States common law and its adaptation to changing social
needs. Legal scholars, retired judges and lawyers analyze previous decisions, and
write persuasive articles whether they were right or wrong in the context of the
prevailing economic, social and political climate.

ELEMENT 7: IS EQUITY OR LAW BEING ESTABLISHED ACCORDING TO GODS LAW


AND NATURAL JUSTICE: All law emanates from ethics and morals. The latter s

1
fountainhead is the Scriptures. The yardstick should not be what is politically
correct.

ELEMENT 8: DO MORALS, ETHICS AND GOOD CONDUCT DETERMINE WHATS BEST


FOR MANKIND, OR WRITTEN LAWS BY POLITICIANS: You the client decides.

ELEMENT 9: WHAT DO YOU, THE CLIENT, WANT OUT OF THIS LAWSUIT: Your
answer will determine the outcome of your case.

You might also like