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In this lesson, you will learn how to determine your legal position, what a legal position is, and how the case type can affect the position you wish to take.
Describing your legal position
- Your position depends on the type of case you’re involved in. In a child custody case, your position may be that you should raise the child. In a foreclosure case, your position may be that the subject house is yours, not the banks.
- Your position also depends on the steps or stages in the litigation process. You might have one or more positions at the complaint stage and different ones at other times in litigation.
Transcript
What is your legal position?
Ask yourself this question throughout the litigation and know the answer.
Let\’s discuss what it means by legal position.
A gives x a check that satisfies a debt owed.
EX sits on the check for six months, then decides to cash it.
The check bounces.
If your a, your position is that the debt has been paid, If your ex, your position is that it hasn\’t.
Every case is different, so your position depends on the type of case you\’re involved in.
In a child custody case, your position may be that you should raise the child.
In a foreclosure case, your position may be that the subject house is yours, not the banks.
Your position also depends on the steps or stages in the litigation process.
You might have one or more positions at the complaint stage, and different ones at other times in litigation.
State your legal position in light of available facts and your goal.
In the aforementioned scenario between a and x, which facts dictate that a should prevail?
Which facts dictate x should?
It\’s thrilling to have a good strategy.
Whether it ultimately gives you a complete win or not, Having a strategy gives you a very strong chance to get at least some of what you want.
Checkmate.