Your theory must also be based on the law. For example, if you are accused of deliberately crashing into someone’s car, your theory of the case may be that the victim was negligent when she backed into the road. Unfortunately, the plaintiff’s negligence will not relieve you of liability if you deliberately hit her. Therefore, your “theory of the case” could instead be that you didn’t deliberately hit her but only negligently did, or that she deliberately backed into you.
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A lawyer’s role in substantial assistance is brokering an agreement with law enforcement and/or the District Attorney to make sure you are getting the a good deal for the information you are going to provide. Unless there’s a deal in place of some sort, any information you provide may not be credited to you and you may receive no benefit, so it’s important that an attorney ensures an appropriate deal is agreed upon.
    6. Work on your tone of voice. “I struggled for years to find mine. I was torn at different points between seeming too young, too academic or too strident (another female pitfall). You want to come across as smart but not smarmy, warm but not cloying, passionate but calm. It’s a difficult balancing act for anyone, but it’s especially tough for young lawyers and female litigators.
A pretrial discovery can be defined as "the formal process of exchanging information between the parties about the witnesses and evidence they’ll present at trial" and allows for the evidence of the trial to be presented to the parties before the initial trial begins.[7] The early stages of the lawsuit may involve initial disclosures of evidence by each party and discovery, which is the structured exchange of evidence and statements between the parties. Discovery is meant to eliminate surprises, clarify what the lawsuit is about, and also to make the parties decide if they should settle or drop frivolous claims and/or defenses. At this point the parties may also engage in pretrial motions to exclude or include particular legal or factual issues before trial.
New Orleans: Thousands of patients who took Xarelto have settled, through multi-district litigation, with Johnson & Johnson and Bayer for three quarters of a billion dollars. Plaintiffs allege that the manufacturers marketed the drug to physicians to prevent blood clots, but failed to inform them of Xarelto side effects, which could cause life-threatening complications such as internal bleeding, stroke and death.
A civil case, more commonly known as a lawsuit or controversy, begins when a plaintiff files a document called a complaint with a court, informing the court of the wrong that the plaintiff has allegedly suffered because of the defendant, and requesting a remedy. The remedy sought may be money, an injunction, which requires the defendant to perform or refrain from performing some action, or a declaratory judgment, which determines that the plaintiff has certain legal rights. The remedy will be prescribed by the court if the plaintiff wins the case. A civil case can also be arbitrated through arbitration, which may result in a faster settlement, with lower costs, than could be obtained by going through a trial.
Lawsuits can become additionally complicated as more parties become involved (see joinder). Within a "single" lawsuit, there can be any number of claims and defenses (all based on numerous laws) between any number of plaintiffs or defendants. Each of these participants can bring any number of cross claims and counterclaims against each other, and even bring additional parties into the suit on either side after it progresses. In reality however, courts typically have some power to sever claims and parties into separate actions if it is more efficient to do so. A court can do this if there is not a sufficient overlap of factual issues between the various associates, separating the issues into different lawsuits.
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