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This is what has to be remembered about the law: Beneath that cold, harsh, impersonal exterior, there beats a cold, harsh, impersonal heart.

In order to win any case, you must either prove or disprove certain elements of law. It is impossible to prove or disprove those elements if you don’t thoroughly understand each and every one of those elements and the related defenses to those elements. Accordingly, an integral step in your preparation is to pull out the complaint and thoroughly research each cause of action, listing that cause as a topic and, below that, simply listing out the elements, as demonstrated by the case law you actually research, retrieve and read.

Of course, relevant defenses should also be listed and contemplated. Below each element of the cause of action, as a subheading, you can fill in those subheadings with virtually anything gathered from your investigation, formal discovery, together with the Who, What, When, Where, Why, How, etc.

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