Lawyers’ Successful Strategy And The Constructed Facts

Successful strategy is a very complicated problem. Though the scholarsregarded it as a practical problem and thought that only experienced lawyers couldwrite works in this field, this problem has theoretical value. Successful strategy isrelated to objective claim. The later is the foundation of litigation. From cases wecan get many legal relations, and these legal relations sometimes are concurrency.We must choose one as our objective claim. The process of choosing is theconstructing to the objective claim.Constructing to the objective claim is different from fact-constructing, the laterput focus on adjudicative fact. Adjudicative fact is affected by many factors andmust be limited in due process. This paper donnot discuss the process ofadjudicative fact. It is the research of the relationship between successful strategyand constructing to objective claim and the research of litigation plan. Lawyers mustdesign specific plan according to specific cases and control the wholemacroscopically to finish the success of litigation. The claims and evidencematerials should be determined by this.This paper was discussed with empirical study, semantic analysis and historicalanalysis. The innovation is that widen the train of thought and focus on the strategicthinking. Hope through this research can put the constructing of objective claim andsuccessful strategy further and provide reference to our lawyers.