Courtroom5

Personal Practice of Law is allowed! https://courtroom5.com/blog/the-personal-practice-of-law-empowering-pro-se-litigants-to-reclaim-the-courts/

Links

• Justice Legal Tech - https://justicetechassociation.org/about/

Dismissal Issues

• suing for claims not recognized by law - cause for potential dismissal [1]
• courts are required to deem allegations in the complaint as true

Elements

Example: elements of tortuous interference.

• Elements of tortious interference

(1) An economic relationship that was likely to benefit the plaintiff; (2) The defendant’s knowledge of this relationship; (3) Wrongful conduct by the defendant; (4) Defendant’s intent to disrupt the economic relationship; (5) Disruption of the relationship; (6) Harm to the plaintiff; and (7) A causal connection between the wrongful act and the harm.

Facts vs Conclusions

Example of a difference: [2]

• Conclusion–“Defendant’s behavior constituted a breach of contract”.
• Fact–”The plaintiff and defendant had an exclusive contract in which the plaintiff’s pocket pants would be the only ones of its kind sold by the defendant. Yet, the defendant sold pocket pants made by other designers.”

Summary Judgment

• [3]. The widely accepted standard for granting summary judgment is twofold: (1) that no material facts are in dispute, and (2) that the moving party deserves judgment as a matter of law.
• One way to defeat is to show that an affirmative defense remains viable

Appeal Based on Legal Malpractice

• Pro se who hires a lawyer can appeal based on malpractice [4]
• Haines v Kerner - pro se pleadings and motions should be viewed liberally and held to a lesser standard than those drafted by attorneys