Video Seminar
Seeing the Big Picture
This Video Seminar lays the ground work for everything that follows.
See how the pieces and parts fit together.
Understand how each topic relates to the others. No more struggling to understand everything at once.
Complete this seminar in the order the separate topics are presented.
Use the Contents Menu (on the right) for reviewing clips you've already watched.
Allow time for each video to download to your viewing device.
Then, take the Quiz before starting the next Main Menu class!
Once each video starts, hover mouse over video to see controls, or move mouse away from video to hide controls.
Introduction
This clip introduces you to our Video Seminar and our winning philosophy of law.
You'll learn what's "winnable", what's "un-winnable", and why!
NOTE: Although some of the Video Seminar seems directed toward the "plaintiff", i.e. the one suing a "defendant", please understand that what you'll learn is for both plaintiffs and defendants. So, whether you're a plaintiff or defendant, you will learn what you need ... whether you're suing or defending!
Topics Covered
This video clip tells you what's covered in the remaining clips.
Good to watch.
You'll learn something valuable and empowering in every one of these clips!
Getting Started
This video clip shows you how to "prepare for battle". How to state your case with pleadings. The importance of understanding the elements of causes of action.
Planning for both defendants and plaintiffs.
Keys to winning, whether you're a plaintiff or defendant.
Facts and Law.
Liability and Damages.
The necessity of using precision with words because, after all, court contests are word wars.
Moving the court ... plaintiffs and defendants.
Obtaining the judgment ... $ $ $ !
Lawsuit Flowchart
Please watch the preceding video clips before this one, because this builds on those above and lays the foundation for all you will learn in this course!
What are the separate phases of a lawsuit, how do they fit together, and what must you do to win?
Causes of Action
This is a "must see" video clip.
Understanding causes of action is essential to winning!
This video clip introduces you to the concept.
You'll learn more in the Main Menu tutorials after you finish this Video Seminar.
The Pleadings
Introduction to the four (4) types of pleadings.
Simple Complaint
Here you will learn about a basic, one-count complaint.
You'll begin to see how forms are drafted.
You'll see how effective complaints are put together.
Multi-Count Complaint
In this video clip you'll learn about complaints that allege more than one "cause of action" ... each in a separate "count".
Most complaints will contain more than one count, i.e., more than one cause of action.
This clip shows how this is done.
Simple Sentences
Now you learn why all numbered paragraphs in pleadings (and all other formal papers filed with the court) should be single-sentences, one-subject, one-verb ... with minimum adverbs and adjectives.
Very important.
The Summons
This form commands defendant to respond to plaintiff's complaint.
It is served on the defendant, attached to a copy of the complaint.
It tells defendant what he must do and what will happen if he does not.
Verification
It's always a good idea to verify pleadings, motions, and other papers filed with the court when those papers include allegations of fact.
The verification is an affidavit stating, under oath and subject to the penalties of perjury, that the facts you allege are true to the best of your knowledge.
Verifications tend to persuade judges you are telling the truth, and that stands strongly in your favor.
Answer
If defendant must answer the complaint, here's what you need to know.
There are only three responses to each allegation in the complaint.
Each response should be one of the following:
Certificate of Service
You wouldn't want your opponent communicating with the court behind your back, would you? Of course not!
So, to keep things fair-and-square, all parties must provide to their opponent copies of everything they file with the court.
And, to keep everyone honest, everything that gets filed must be filed with a Certificate of Service assuring the court that the other side was provided a copy, how it was provided, and when it was provided.
This video clip introduces you to the concept. You'll learn more in the Main Menu tutorials.
Counter-Claim
If a defendant is damaged by a plaintiff, and the plaintiff sues defendant, then defendant can sue plaintiff in return.
This is called a counterclaim and is introduced by this video clip.
A defendant filing a counterclaim is called a counter-plaintiff.
Third-Party Complaint
When a defendant can prove the plaintiff's damages were caused at least in part by some other person, the defendant can sue that other person, who was not included by the plaintiff as a co-defendant.
We call the other person a third-party defendant.
The complaint against that third party is called (wait for it) a "third-party complaint".
Avoiding the Answer
This clip introduces you to the three motions a defendant can use to avoid the necessity of filing an answer.
These are the three motions used in the "flurry of motions" period.
Motion to Strike
This clip introduces you to the Motion to Strike.
A motion to strike may be filed when the complaint (or any other filing) contains "material facts" that are false and were known to be false when the document was filed.
A motion to strike may also be filed when any part of a complaint (or other filing) is scandalous, impertinent, or redundant.
Motion to Dismiss
This is the most frequently filed motion to avoid answering.
There are seven grounds for this motion. If any of these particular seven grounds exist, they must be addressed by motion to dismiss, or they are waived.
In fact, if a motion to dismiss is filed on one (or more) of these particular seven grounds, and the motion fails so the defendant must file an answer, then the defendant should raise these same grounds in affirmative defenses.
Motion for More Definite Statement
This clip explains the Motion for More Definite Statement and shows a typical motion you can use as a pattern in your own case, if there are grounds for such a motion.
This clip also provides a quick review of all three motions available to the defendant for a "flurry of motions" effort to avoid filing an answer to the plaintiff's complaint.
Affirmative Defenses 1
This clip introduces the concept of Affirmative Defenses.
The defenses shown are only a few of the many possible defenses.
A few more common affirmative defenses are shown in the next video clip.
You'll learn much more about affirmative defenses in the next two video clips and in the Main Menu class on "Affirmative Defenses".
Affirmative Defenses 2
A few more affirmative defenses and some tips on how to use.
To learn more about affirmative defenses, be sure to study the Main Menu class on "Affirmative Defenses".
These video clips are only helpful introductions to set you on the right path and make your further learning in this course easier.
Forms for Defenses and Replies and Review
This is only an introduction to these forms.
Study the forms in the Main Menu class on "Defenses" and in the Reference Menu class on "Forms".
This clip closes with a brief review of what you've learned so far.
Answering the Complaint
How defendants should answer plaintiffs' complaints.
Very important!
More, of course, in the Main Menu tutorials.
Discovery
This clip introduces your five (5) pre-trial tools to get evidence.
Very important to learn!
Request for Admissions
Your most powerful discovery tool.
In the form of leading questions!
Can be used in many ways.
Study all the Main Menu tutorials to learn more.
Request for Production
Requests for production can sometimes win lawsuits ... all by themselves! This is demonstrated in this video clip with an actual request for production that won a lawsuit with very little effort!
Learn how to use these. You will need to in almost every lawsuit!
Interrogatories
Interrogatories are simply written questions your opponent must answer under oath!
They can inquire into any and all facts that might "reasonably" lead to the discovery of admissible evidence ... even if the facts themselves are inadmissible!
Depositions
This video clip introduces you to the most ill-used discovery tool.
There is a proper time to take depositions, and it is rarely at the start of a case (when many lazy lawyers do it), unless the witness to be deposed is on his death-bed.
Depositions are powerful ... when properly used.
Subpoena Power
Court orders (e.g., subpoenas) can be used to get discovery when no other method will work.
For example, I once convinced a judge to grant an order allowing me to shut down a pharmacy so I could get discovery of some facts that could not be obtained while the pharmacy was conducting its regular business.
Subpoenas are frequently used to obtain records and witness testimony from non-parties.
Compelling Discovery
Your five (5) discovery tools are useless if you cannot compel responses!
You will be resisted. Your opponent will object to your discovery attempts.
Lawyers on the losing side will try to hide the evidence you need.
So, you go to court with motions to compel responses and get court orders compelling those responses. Failure to respond to court orders can result in jail time!
This is your due process power ... power you probably didn't know you had until now!
Use it to get justice for yourself and your loved ones!
Moving the Court
Nothing happens until you move the court!
Move the court to enter orders!
The goal of every case is to convince the judge to scrawl an official signature on an order that declares, in effect, the force of law is on your side.
Standing in Power
This video encourages you to "remember who you are"!
You are in court because you have a right to be heard!
You need not beg or apologize.
Your right to be heard is a sacred right, paid for by the sacrifice of many!
Remember who you are!
Knowing the Law
In this clip we introduce "Legal Research" and "Citations".
Both of these are examined in more detail in Reference Menu tutorials.
You cannot win if you don't:
Writing Memoranda
Use memoranda to argue on paper.
Arguing "live" in court at hearings or trial is fine, but there are interruptions, distractions, and memory failures that prevent your doing your very best job at a time when it is critical to cite all your legal authorities and make all your arguments clearly.
Memoranda can be used to make those arguments and cite those authorities before going to court, making your record clear for the appellate courts ... in case the judge goes over the top and rules against you in spite of your arguments and citations!
Legal Authorities
Authorities control the courts!
Knowing about authorities, how to find them, and how to cite them in your case to control the judge is essential to winning.
This clip introduces you to legal authorities. You'll learn more in the Main Menu and Reference Menu tutorials.
Sizing Your Opponent
This video explains how to size up your opponent.
You'll learn what to expect and how to combat the tricks.
Don't let your opponent change the game rules in the middle of the game, and don't imagine for a moment that he won't try, because he will!
Using Evidence Rules
Evidence is the stuff of courthouse battles.
Evidence decides who wins.
Knowing how to get your evidence "in" and how to keep your opponent's evidence "out" is what you must learn to win ... whether your case is civil or criminal.
Privileges
One of the essential rules of evidence deals with privileges.
What are privileges?
What do they do?
Who do they belong to?
You'll be introduced to these topics with this video clip.
Impeachment
If you lived through the Richard Nixon scandal, you may think this word means to "get rid of" a bad guy.
In court what it means is to show the court that a witness should not be trusted.
This clip will introduce you to impeachment.
Hearsay
Hearsay is easy to understand once you know what this clip shows.
Many people (including lawyers) never understand it.
In fact, it's quite easy to understand.
And very important to winning your case.
Examining Witnesses
Getting a witness to say what you want is not always easy.
There are two kinds of witness examination: direct and cross.
When you must use one and not the other is explained in this clip.
Know this well, so you can control your opponent!
Circumstantial Evidence
Circumstantial evidence is not "evidence" at all.
Circumstantial evidence is a "guess", a "hunch", a "suppose", a mere theory drawn from direct facts.
Good people should not lose in court because it was misused.
Learn how to control those who wish to use it against you.
Authentication
Just because you have a document you think proves your case doesn't mean that document will be admitted into evidence!
Documents and things must be authenticated.
This clip introduces you to authentication.
Trial
Trial is where the rubber hits the road, where the chips are down for keeps.
But, it doesn't need to be intimidating or scary.
Knowing what needs to be done and how to do it well is introduced by this video clip.
Writing Orders
Your opponent's lawyers will try to write orders for the judge to sign.
Amazing as it sounds, this is commonplace in many jurisdictions.
You must know how to stop it or, at least, control it.
This video gives you a first glimpse at this important topic.
Post-Judgment
Winning is not the end of the game.
Getting paid remains.
This video clip gives you some ideas on what should be done after you win, how to do it, and why.
Settlement
Trial is risky business. Jurors and judges are human.
The make mistakes.
Smart litigants know how to get good settlements.
This clip starts you on knowing when and how to proceed so you get the most you can possibly get.
Preparing for Appeal
Nothing could be more important than preparing for appeal.
This is emphasized throughout the course but demonstrated clearly in this clip.
By constantly and carefully preparing for appeal at all stages of the proceedings - civil or criminal - you multipy your chance of winning!
Judges don't like to be reversed on appeal. Prepare by showing the judge what will happen on appeal if he rules against you.
Jurisdiction
Not every court has authority to hear and rule on every case.
If a court lacks authority to hear and rule you must know what to do.
This clip gives you a brief introduction to jurisdiction and the power of the court to hear and rule on issues brought before them for resolution.
The Enemy
If you didn't already know it, lawyers cannot be trusted - especially the one on the other side of your case.
This clip gives you a lawyer's inside view of his own profession.
Beware of the sharks!
Summation
Winning all comes down to applying a very few simple principles.
This clip summarizes those principles.
When you finish the complete course you will have mastered these principles.
We wish you to succeed!
Conclusion
Justice is not free.
Justice is constantly on trial ... here in the U.S.A. and in every nation under the sun.
Learn how to demand it and get it for yourself and your loved ones!
Learn how to teach it and share it with others!
Tell everyone about this course!
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