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?
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/
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http://www.scribd.com/AngryJeweler