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
STRENGTH OF CLAIM
CONS
PROS
FACTUAL BASIS FOR CLAIM
LEGAL BASIS FOR CLAIM
RELATED POTENTIAL CLAIMS; CAUSATION
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
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?