Already on ArticleSlash?

Forgot your password? Sign Up

Do You Know Your Legal Rights?

Robert Gafeney

Visitors: 1,023

Legal Plans Protecting Your Rights: Justice For All"1A


What is Pleading?

Pleadings include a variety of legal writings that state and/or allege the opinions, positions, damages, injuries or theories of law of a party to a lawsuit that are filed with the court of justice. The most common pleadings are:

1. Accusation: A lawsuit is initiated by a lawyer when you, or petitioner, serves the initial accusation on the accused, or respondent. An accusation sets forth the basic elements of an incident including what happened and the injuries and damages incurred. It also describes the plaintiff's claims of why the defendant is liable for the plaintiff's injuries and damages.

2. Answer: The defendant's attorney has an established amount of time to respond to the plaintiff's complaint in the form of the answer. This is the document where the defendant admits, denies or alleges insufficient information to respond to each allegation of the plaintiff's complaint.

3. Special Defenses: These are filed with the answer. Special defenses are unique to every personal injury case. The defendant may claim the plaintiff's injuries were caused by his/her own negligence or that the plaintiff's allegation is barred by the applicable statute of limitations and are defenses to the plaintiff's allegation of action.

4. Counter accusations: If the defendant feels thats/he has an accusation against the plaintiff then this accusation is filed along with the answer and is known as a counterstatement.

5. Allegation for Jury Trial List: This is the point at which the plaintiff acknowledges s/he is ready for trial and advises the court of this fact.

B. Detection

Typically, detection is the process by which lawyers for both sides “discover" all of the facts, witnesses and testimony regarding the case. During the discovery process, lawyers for both parties share information about the lawsuit. This process is accomplished through written and verbal questioning as well as through the production of papers and physical examinations. In the majority of personal injury cases, the information gathered will help to convince the parties to reach some sort of out-of-court settlement instead of going through the long, drawn-out process of a trial. There are multiple ways in which attorneys gather proof:

1. Interrogatories: Interrogatories are written questions sent from one attorney to the other party to be answered to the best of their ability. These questions are answered under oath and must be sent back within a certain amount of time.

2. Request for Production: This document is sent from one attorney to the opposing attorney requesting that papers, pictures, bills, records, reports or other forms of proof be produced and made available to opposing counsel.

3. Requests for Admission: Parties arepermitted to require the other side to admit to certain facts under oath. Requests for admission must be answered under oath within a short time period or will be deemed to be admitted by the other side. These admissions are useful to prove obvious facts so it will not be necessary at trial to introduce more proof to prove these already admitted facts.

4. Depositions: Along with written detection, oral questions may be asked of the parties involved. This takes place out of court and in the form of a deposition, in which the plaintiff, the defendant, a witness, or another person involved in the case is inspected and cross-inspected by the opposing lawyers, under oath. Depositions allow lawyers to find out what witnesses are going to say in court and their answers can be used to refute, impeach or discredit this witness. Lawyers will often call for the disclosure of the opposing counsel's expert witnesses so they can be deposed before the beginning of a trial.

5. Independent Medical Examination (IME): In a personal injury case, an important part of a plaintiff's case will be the testimony of the medical professional(s) who treated him/her. It is this proof that tells the jury what injuries the plaintiff suffered, how they were incurred, and, in the expert opinion of the medical professional, if those injuries were causally related to the accident involving the parties. The defendant's insurance carrier will often require that the plaintiff be inspected by a doctor of their choosing. This is seen as a chance to argue down, discredit, or down play the injuries that the plaintiff's treating physician indicates the plaintiff suffered and to tarnish the credibility of said physician. Do you really know your Legal Rights.


This information was provide for the average consumer me and you to help us understand LEGAL PLANS . We are living in a society today where we all need access to the justice system. Don't wait until it is to late Protect Your Legacy Knowledge Is Power CLICK HERE NOW. Thank You For reading our Article Part 1B comming soon Robert & Tina?


Article Source:

Rate this Article: 
Child Custody Rights and Visitation Rights
Rated 4 / 5
based on 5 votes

Related Articles:

Know your legal rights as a father

by: John Wiliams (June 06, 2011) 

Motorcycle Accidents and Your Legal Rights

by: Larry R. Demerath (July 11, 2008) 
(Legal/Personal Injury)

Dog Bite Injuries and Your Legal Rights

by: Terri Polk (December 10, 2008) 
(Legal/Personal Injury)

Redundancy Payments - Your Legal Rights

by: Clear S. (June 09, 2010) 
(Finance/Debt Management)

Questions about Biological Parent’s Legal Rights

by: Meghan Jones (September 05, 2012) 
(Home and Family/Parenting)

Your Legal Rights in a Living Together Relationship Common Law Marriage

by: Jonathan Pollack (June 20, 2008) 

Simple Introduction to Resell Rights, Private Label Rights, and Royalty Rights

by: John S. Rhodes (February 12, 2007) 
(Internet and Businesses Online)

Promoting Human Rights- A Strategy to Promote The Rights of Ordinary People

by: Gaurav Virk (September 02, 2010) 
(Self Improvement/Empowerment)

What is The Universal Declaration of Human Rights?-Know Your Rights.

by: Gaurav Virk (August 30, 2010) 
(Self Improvement/Empowerment)

Child Custody Rights and Visitation Rights

by: Brandyn Garske (November 23, 2011)