Civil Cases
In a civil case the plaintiff (sometimes called "petitioner", i.e., the party starting the civil battle) proves his or her case by presenting the "greater weight" of admissible evidence. The defendant (sometimes called "respondent", i.e., the party being attacked by the plaintiff) wins by showing he or she, and not the plaintiff, has the "greater weight" of admissible evidence.
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This is called "the burden to prove". Critically important!
Civil cases are a balancing act. Imagine a see-saw like you played on as a child or the balance scales blindfolded Lady Justice holds in her outstretched hand. The side that overcomes the balance by presenting the greater weight of admissible evidence wins in civil cases. It's that simple.
Well, almost. Keep reading, please.
The plaintiff alleges (i.e., "states") all facts he or she must prove to win (along with the controlling law that will give the victory if those facts are proven by the greater weight of admissible evidence).
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The defendant tries to get out of the case by filing certain motions (explained in detail later in this course). If these motions fail, the defendant files defensive pleadings alleging that the plaintiff cannot meet his or her burden (i.e., plaintiff does not have sufficient admissible evidence to win), or the defendant alleges other facts that he or she can prove showing that the defendant is not responsible for plaintiff's problems in the first place.
After both sides allege all the facts they hope to prove, the pleadings are said to be closed. Then the process of proving the alleged facts begins, using what is called "discovery", the process by which evidence is obtained in civil cases.
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In civil court it's no more difficult than that ... no matter what the case is about!
Rules of procedure in civil cases differ widely from rules of procedure in criminal cases, however the rules of evidence in both civil and criminal are the same in every state and federal court. (The class on evidence explains this later.)
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The power of this course is its simplicity!
Every case, civil or criminal, contains just a few "elements".
Most are won or lost on no more than 3 or 4 "elements".
Understanding "elements" is easy!
If you're defending, civil or criminal, your opponent must:
- allege and
- prove
the elements of his case.
If you are suing someone else, you must:
- allege and
- prove
the elements of your case.
Alleging is easy.
Proving is easy.
All that remains is:
- to make the court record clear and
- to move the judge to enter orders you need to win.
All is quick and easy with this course!
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Civil v Criminal
Nearly everything you learn in this course about civil cases also applies (for the most part) to criminal cases.
- evidence
- objections
- motions
- pleadings
- causes of action (elements)
- defenses (elements)
- trial procedure
- appeals
In criminal cases, prosecutors must allege and prove all elements of the accused's alleged crimes.
In civil cases, plaintiffs must allege and prove all elements of at least one of plaintiffs' alleged causes of action.
Defendants in civil cases must allege and prove all elements of at least one of defendants' affirmative defenses or allege and prove plaintiff has insufficient evidence to establish all elements of at least one of plaintiffs' causes of action.
[Elements, causes of action, and affirmative defenses are explained later in this course.]
Just What You Need
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You don't need to know all the stuff we lawyers learned in law school ... stuff like contracts, property, wills and trusts, probate, corporations, intellectual property, guardianship, sales, torts, secured transactions, tax, banking, etc.
All you need are:
- The facts of your case ... easy because you know what they are
- The laws that apply to your facts ... easy using online legal research
- Procedure to get your evidence admitted ... easy using tactics taught in this course
- Procedure to prevent your opponent's evidence from being admitted ... easy using tactics taught in this course
- Motions to force judges to apply the law ... easy using sample forms in this course
Learning these things is quick and easy!
If you want to repair a lawnmower engine, you don't need to be a metallurgist or petroleum chemist to understand the physical properties of the many kinds of metal in the machine or how gasoline vapor produces heat and energy by uniting with oxygen when the spark plug fires. People who design and build engines may need to know those things, but lawnmower repair people don't.
And, you don't need to know everything lawyers know!
You just need to learn what will win your case!
That's why you are taking this course.
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The Law of Your Case
Every case turns on just a few laws.
Most are decided on a single law!
The facts decide what law applies.
For example, most state dog bite laws apply to these facts:
- Has the dog caused injury in the past?
- Was the dog taunted by the alleged victim?
- Was the alleged victim on the owner's property?
- Was the dog under the owner's control?
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You don't have to know the law of contract or mortgages to win a dog bite case. You only need to know the facts and the law that applies, how to get your evidence admitted, and how to move the court for orders.
Yes, it really is this easy!
The law of your case is probably just one law, and that law will contain a list of the essential fact elements that trigger the law. There are never more than a few essential fact elements in any law ... no matter what your case is about.
The law of your case applies only to the particular facts of your case.
You only need to know the law that applies to your case, how to get your evidence admitted into the court record, and how to move the court for the orders you need to win.
Jurisdictionary® is famous worldwide for making it quick and easy to learn "How to Win in Court".
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Rules of Procedure
You have a right to do anything lawyers do.
You don't have to be a lawyer to represent yourself (so long as "you" are not a corporation, probate estate, or other fictitious legal entity). When representing yourself, you can do anything a lawyer would be permitted to do.
Corporations, probate estates, and other fictitious legal entities must be represented by a licensed attorney in most states. (Check the rules in your jurisdiction to know for sure.)
All individuals have a right to represent themselves.
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Just use the rules the way this course teaches.
The rules of procedure provide powerful opportunities for you to plead your case, move the court, get your evidence "in", keep your opponent's evidence "out", and make an official record in the court files so you can present your case to an appeals court if you lose at the trial level.
This course makes the rules of procedure easy to learn!
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Rules of Evidence
You have a right to get evidence into the court record if you follow the rules of procedure and rules of evidence.
You have a right to force evidence from your opponent.
You have a right to force evidence from people who aren't parties to your case (e.g., banks, phone companies, government agencies, etc.).
You have a right to prevent your opponent from getting misleading, confusing, falsified, or deceptive evidence into the record.
This course explains hearsay in a way any 8th grader can understand.
You will learn how to examine witnesses on the stand.
You will know how to take depositions.
You will understand the "best evidence rule".
You'll know how to make effective courtroom objections.
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Moving the Court
Courts usually do nothing until someone "moves" them.
You move the court with "motions".
It's actually quite easy, as this course explains.
You have a right to move the court enter orders in your favor, to grant your motions, to sustain your objections.
This course makes it easy to learn how.
Do Not Skip Any Classes
The best way to learn what this course provides is to start at the beginning and work your way through the MAIN MENU.
In the REFERENCE menu you will find lots of good information that will help you win.
The CONTENTS menu gives you ready access to the different sections in the classes.
The EXTRAS menu provides additional tools and materials you should examine.😊😊✨
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