One of the first obstacles a plaintiff (i.e., the party filing the lawsuit) encounters at the beginning of a lawsuit is a motion to dismiss (known in some states as a demurrer) for failure to state a claim (AKA failure to state a cause of action). In essence, this motion (or demurrer) challenged the LEGAL sufficiency of the complaint. In this episode, I will discuss*: The main grounds for a motion to dismiss (or demurrer) for failure to state a claim (AKA failure to state a cause of action) Common mistakes made by pro se / pro per parties (and even attorneys!) How certain defective complaints can be cured to defeat a motion to dismiss (or demurrer) Much more! For videos, articles, and podcasts regarding motions, discovery, trials, and everything civil litigation, check out TheLegalSeagull.com! * Every jurisdiction has its own laws and court rules. Make sure you read, understand, and comply with the laws and court rules in your jurisdiction.
The terms "affidavit" and "declaration" are often used interchangeably . . . but there are slight differences between the two. In this short episode, you will learn: - What is an affidavit? - What is a declaration? - How is an affidavit similar to a declaration? - What is the main difference between an affidavit and a declaration? - Why do some people prefer affidavits to declarations? - What obligations does an affiant or declarant have? Like this episode? Check out more video, podcasts, and articles at www.TheLegalSeagull.com and subscribe to the YouTube channel for more!
If someone sues you and obtains a judgment, he/she can pursue your personal assets to satisfy the judgment. This may include your savings, salary, personal property, jewelry, and even your house. Lawsuits can come out of nowhere. You get distracted and rear-end the car in front of you. Your rotting tree falls and demolishes someone's Jaguar. Your dog bites the pizza delivery girl, ending her lucrative side job as a hand model. [Fill in the blank with more unexpected and costly misadventures]. To maximize the effectiveness of asset protection, you really need to get things rolling BEFORE you're sued. After a lawsuit has been filed–and especially after a judgment is entered–many conveyances of money or property are considered invalid and can be reversed by a court of law. In this episode, I will explain five relatively simple steps you can take to protect your assets before you get sued: Form an asset protection trust Form a corporation or business entity Learn and understand your s...
In this episode, I discuss how to write a clear and persuasive motion, using many of the lessons and techniques learned in almost a decade of litigation practice. Included are tips I learned from active and retired judges, and from excellent law and motion attorneys with whom I have been fortunate to work. Want to learn more on how to be an effective courtroom advocate and handle your litigation matter from A to Z? Check out Justice Navigator: The Ultimate Video Litigation Tutorial!
Deciding whether to represent yourself in court is an important decision that should not be made lightly. In this episode, I discuss important factors to evaluate when making the critical decision of whether to represent yourself in court without an attorney. I also discuss a few types of cases where you should think twice (or three or four times) before deciding to represent yourself, and why you should NEVER represent yourself in a CRIMINAL case.
Each year, millions of Americans find themselves involved in a lawsuit. With the rising cost of attorneys' fees, many people are left with the decision of whether to represent themselves in court without an attorney. In this episode, I discuss the question of whether you CAN legally represent yourself in court without an attorney. This is separate and apart from the equally (perhaps more) important question of whether you SHOULD represent yourself in court, which is the subject of the next episode
On July 5, 2017, Rob Kardashian, ofthe famous Kardashian TV family, uploadedmultiplenude photographsof his ex-fiancee, rapperBlac Chyna, tohisTwitter and Instagram accounts. Did Kardashian violateCalifornia's Penal Code sectionlaw banning the distribution of "revenge porn?" (nonconsensual pornography)? As in 38 states and the District of Columbia, California prohibits the intentional distribution of certain graphic photos and videos of another person without that person's consent. In this podcast, I will discusswhether Kardashian could be found guilty of this crime.Click here to read the full article.
A leading question is one that suggests the answer sought by the examiner.* For example: "You met with Mr. Williams the evening of July 25th, correct?" (LEADING) vs. "When did you meet with Mr. Williams?" (NON-LEADING). Leading questions are generally not permitted on direct examination, but are allowed on cross-examination. Young attorneys new to litigation frequently find it difficult to overcome objections to leading questions. In this episode, we'll explore leading questions: What are they? Why are theyproblematic? What can you do if the judge sustains an objection to your question? Did you enjoy this podcast episode? Check out The Legal Seagull for litigationvideos and blog posts. Follow us on YouTube, Facebook, Twitter, and Instagram! * Please read The Legal Seagull’s disclaimer. This podcast is neither legal advice nor a substitute for an attorney’s services. The laws in your jurisdiction may differ in significant ways.
After three years of challenging legal education, incoming attorneys graduate from law school eager to take on the challenges of the profession and practice law. But does law school actually prepare attorneysfor the rigorsof litigation practice? In this episode, I'm joined by my good friend and fellow attorney, Avi Ross. We reminisce about old times and recallour experiences entering the profession as new attorneys, the lessons we learned, and impart some tips (and warnings) for new attorneys entering the legal profession. Check outJustice Navigator: The Ultimate Video Litigation Tutorialfor new attorneys and non-attorneys! Did you enjoy this podcast episode? Check out The Legal Seagull for videos and blog posts. Follow us on YouTube, Facebook, Twitter, and Instagram!
On June 12, 1994, the bodies of O.J. Simpson’s ex-wife, Nicole Brown, and her friend Ron Goldman, were found outside Brown’s condominium in Brentwood, California. In what is considered the "Trial of the Century," O.J. Simpson was ultimately acquitted of the murders. The most iconic moment of the trial was the fateful decision by Deputy District Attorney Christopher Darden to have Simpson try on two gloves found at the scene of the murder and outside Simpson's house. The glove debacle, which actually lasted only a couple of minutes, was the penultimate made-for-TV moment. It had all the right ingredients—theatrics, intrigue, drama, and suspense. As with the JFK assassination and 9/11, millions of people worldwide can recall exactly where they were when they watched the doomed glove demonstration. This episode will cover: Why the gloves were so important; What physical evidence was contained on the gloves; Why the gloves didn’t fit; Could the gloves have fit?; Why it was such a ho...