- SHORT PLAIN
STATEMENT
-
DEFENDANT #1
-
DETRIMENTAL ACTION; NON-ACTION
-
CORE LEGAL THEORY; PARAGRAPH
- Finally, draft a paragraph that will serve as the core theory of the case --
the central defining idea that drives your lawsuit. It should summarize,
in a brief and persuasive way, the nature of the wrong committed and
relief sought to remedy it. Written in lay, rather than legal terms, this
fundamental message may be repeated in the opening paragraph of
the complaint, in a press release, or at the beginning of an oral argument.
This clearly defined motivating concept behind the lawsuit should remain
the touchstone that guides the litigation.
-
LEGAL CLAIMS; CAUSES OF ACTION
-
DESCRIPTION OF DETRIMENTAL ACTION
- ELEMENTS; WHAT MUST BE PROVEN
- 1.
- 2.
- 3.
- 4.
- 5.
- STATUTE OF LIMITATIONS; TIME
- S.O.L.
- SUPPORTING DOCUMENTS
EVIDENCE/EXHIBITS
- DATE
- DOCUMENTS
- PROOF OF SERVICE
- DATE
- DOCUMENTS
- PROOF OF SERVICE
- DATE
- DOCUMENTS
- PROOF OF SERVICE
- DATE
- DOCUMENTS
- PROOF OF SERVICE
- STRENGTH OF CLAIM
- SURVIVE A RULE 12(b)(6) DISMISSAL ATTEMPT!
- CONS
- PROS
- FACTUAL BASIS FOR CLAIM
- LEGAL BASIS FOR CLAIM
- RELATED POTENTIAL CLAIMS; CAUSATION
"BUT FOR" TEST
- STATUTORY & REGULATORY
PROVISIONS IMPLICATED
- STRICT LIABILITY?
- PROTECTED CLASS?
- FEDERAL
- C.F.R.
- U.S.C.
- CASE LAW
- CONSTITUTION
- STATE
- ELEMENTS
- CASE LAW
- STATUTE
- CONSTITUTION
- ADMINISTRATIVE RULES
- RULE
- FEDERAL RULES CIVIL PROCEDURE
- MINNESOTA RULES CIVIL PROCEDURE
- MINNESOTA RULES GENERAL PRACTICE
- MINNESOTA APPELLATE RULES
- MINNESOTA RULES EVIDENCE
- FEDERAL RULES EVIDENCE
- FACTUAL INVESTIGATION PURSUANT
TO RCP RULE 11; ACKNOWLEDGMENT
- CIVIL
INVESTIGATION;
RULES OF
EVIDENCE;
DISCOVERY
- ASK:
- WHO IS RESPONSIBLE?
WHO IS BENEFITTING?
BY WHAT AUTHORITY?
- ASK:
- IS
"EMERGENCY
RELIEF"
NECESSARY?
- CEASE & DESIST
INJUNCTION; TRO; EX PARTE
ORDER TO SHOW CAUSE; HABEAS CORPUS
- 1. ASK:
- Is the defendant engaging in action that violates
the federal or state Administrative Procedure Act?
- 2. ASK:
- Is there a federal, state or local common law right or
norm that a defendant is violating?
- 3. ASK:
- Is there a federally approved state/county plan
that a defendant is violating?
- 4. ASK:
- Is there a state or local statutory right or regulation
that a defendant is violating?
- 5. ASK:
- Is there a federal statute or regulation that a
defendant is violating?
- 6. ASK:
- Is there a federal constitutional right or protection that
a defendant is violating?
- 7. ASK:
- Is there a state constitutional right or protection that
a defendant is violating?
- 8. JOINDER?
- DEFENDANT IS A CLIENT?
- WHO IS BUYING?
- PUBLIC v. PRIVATE
- SETTLEMENT EFFORTS; DOCUMENT!
CEASE & DESIST, NOTICE & DEMAND,
DRAFT COMPLAINT, DRAFT ORDER,
CONSENT DECREE; THROW DOWN; OFFER
- DATE
- DOCUMENTS
- PROOF OF SERVICE
- DATE
- DOCUMENTS
- PROOF OF SERVICE
- DATE
- DOCUMENTS
- PROOF OF SERVICE
- DATE
- DOCUMENTS
- PROOF OF SERVICE
-
CONTRACT/AGENCY
-
COUNTY
- AGENCY
-
CAPACITY
- PRIMARY ENTITY
- SUBSIDIARY ENTITY
- FUNDING SOURCE
-
STATE
- AGENCY
-
CAPACITY
- PRIMARY ENTITY
- SUBSIDIARY ENTITY
- FUNDING SOURCE
-
FEDERAL
- AGENCY
-
CAPACITY
- PRIMARY ENTITY
- SUBSIDIARY ENTITY
- FUNDING SOURCE
-
PRIVATE TRUST
- AGENCY
-
CAPACITY
- PRIMARY ENTITY
- SUBSIDIARY ENTITY
- FUNDING SOURCE
-
CIVIL
INVESTIGATION;
RULES OF
EVIDENCE;
DISCOVERY
-
FACTUAL INVESTIGATION PURSUANT
TO RCP RULE 11; ACKNOWLEDGMENT
-
Freedom of Information Act (FOIA).
Freedom of Information Act, 5 U.S.C. §§ 552 et seq.
Data Practices Act
Notice & Demand
Offer & Acceptance
Discovery Rules of Civil Procedure
- WHO
- WHAT
- WHEN
- WHERE
- WHY
- HOW
- MEANS
- MOTIVE
- METHOD
- OPPORTUNITY
- INTENT
-
MOVING FORWARD
NOTICE & DEMAND PROCESS
-
DISCOVERY SERIES
-
DATE
- FIRST REQUEST
- SECOND REQUEST
- THIRD REQUEST
- FIRST RESPONSE
- SECOND RESPONSE
-
DOCUMENTS
- FIRST REQUEST
- SECOND REQUEST
- THIRD REQUEST
- FIRST RESPONSE
- SECOND RESPONSE
-
QUESTIONS REMAINING;
OUTSTANDING DISCOVERY:
- QUESTION
- QUESTION
-
STRATEGY
DEVELOPMENT
-
NEXT ACTION #1
- ACTION
-
NEXT ACTION #2
- ACTION
-
NEXT ACTION #3
- ACTION
-
STAY
ORGANIZED!
-
DEVELOP FILING SYSTEM
-
FLEXIBLE; ACCOMODATE GROWTH
- Actual Files
- COMPUTER FILES
- Scanned Documents
- WORKING DOCUMENTS; DRAFTS
-
CASE MANAGEMENT STRATEGY
- TOOLS
- SOFTWARE
- OPEN OFFICE
- CUTE PDF MAKER
- XMIND MIND MAPPING
- GOOGLE DRIVE
- GREEN SHOT; SCREEN SHOT
- HARDWARE
- HARD DRIVE; BACK-UP
- DATA KEY; MOBILITY
- SCANNER; PRINTER; FAXER
- LAPTOP OR PC
- CAMERA; VOICE RECORDER
- WHAT IF SOMEONE
HAD TO TAKE OVER?
COULD THEY DEAL
WITH YOUR FILES?
-
TYPES OF DOCUMENTS:
- Pleadings
- Correspondence (including e-mail messages)
- Other court filings, such as motions
- Records of telephone calls
- Interview notes and other informal investigation
- Discovery, including demands, responses, and the documents produced
- Documents that your client supplies or you locate during investigation
- Legal research
- Other research
- Time records
- Create subdivisions with file folders for each motion, factual topic, or witness.
- Correspondence and phone logs should be secured into a file to
ensure that the chronology of the case development is preserved.
Use scanning technology to store facts in your computer.
- LINK TO CASE PROGRESSION CALENDAR
-
TRACK SERVICE OF PROCESS; DATE
-
COMPLETED ACTIONS;
DOCUMENTS SERVED
-
DATE
- DOCUMENTS
- PROOF OF SERVICE
-
DATE
- DOCUMENTS
- PROOF OF SERVICE
-
DATE
- DOCUMENTS
- PROOF OF SERVICE
-
DATE
- DOCUMENTS
- PROOF OF SERVICE
-
DATE
- DOCUMENTS
- PROOF OF SERVICE
-
DATE
- DOCUMENTS
- PROOF OF SERVICE
-
DATE
- DOCUMENTS
- PROOF OF SERVICE
-
DATE
- DOCUMENTS
- PROOF OF SERVICE
-
MUST
EXHAUST
ADMINISTRATIVE
REMEDIES
- WHO IS?
ADMINISTRATION
- WHO IS?
ADVERSARY?
CAPACITY?
- WHERE IS?
VENUE
- WHAT IS?
JURISDICTION
- This Helpful Mind Map was created March 18, 2013
by Lisa Stinocher O'Hanlon using XMind Free Software.
To see more Helpful Mind Maps:
http://www.xmind.net/share/hennalady/
http://angryjeweler.wix.com/write
http://www.scribd.com/AngryJeweler