GADDY WELLS
Texas Lawyer
TEXAS TRIAL LAW


Litigation is the process in which a controversy between parties is submitted to a court for determination. Litigation means a lawsuit.  Here is How a Lawsuit Works.
 

DISCLAIMER

THE CONTENT OF THIS WEB PAGE IS NOT INTENDED TO BE AND SHOULD NOT BE RELIED UPON OR USED AS LEGAL ADVICE OR AS A SUBSTITUTE FOR PERSONAL CONSULTATION WITH A LICENSED ATTORNEY.
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Anyone can file a lawsuit against any person or entity.  However, to avoid having the case dismissed, a lawsuit must assert a claim that is recognized by (1) the common law (courts) or (2) the statutes and constitution of a state or country.  Click on a topic for more detailed information

TEXAS CAUSES OF ACTION

A claim that is recognized by law is called a cause of action.  Causes of action have certain required facts called elements that must be proved to make them legally recognized as claims that can be resolved by courts.

A claim that is recognized by law is called a cause of action.  Causes of action have certain required facts called elements that must be proved to make them legally recognized as claims that can be resolved by courts.

AFFIRMATIVE DEFENSES

Affirmative defenses are claims by one party that defeat a cause of action or claim established by another party. Cook Composites Inc. v. Westlake Styrene Corp., 15 S.W.3d 124 (Tex. App.--Houston [14th Dist.] 2000, pet dism’d).  Affirmative defenses operate to limit or excuse or avoid a party’s liability and/or limit the amount of another party’s damages for which the party is responsible, even if the factual allegations of the other party’s claims are admitted or proven.  Like causes of action, each affirmative defense has certain required facts called elements that must be proved to prevail on the affirmative defense.

Generally, the elements or required facts of a cause of action or affirmative defense must be proved by a preponderance of the evidence in order to prevail.  “Preponderance of the evidence” means the greater weight of credible evidence. The jury or, if there is no jury, the judge must decide whether evidence is credible or believable.  Just because a witness testifies that something is a fact does not mean the jury or, if there is no jury, the judge must believe that fact exists.
 
LEGAL CAUSATION

To recover on a legal claim, the claimant must prove that the other party's conduct legally caused damage to the claimant.

Please review my webpages on different aspects of litigation, including causes of action in Texas, affirmative defenses in Texas, the legal standards of causation.


Contact me at

Downs & Stanford, P.C.
2001 Bryan St, Ste 4000
Dallas, Texas  75201
(214) 748-7900
(214) 748-4530 Fax
gwells@downsstanford.com


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