Law

Did We Give Away Half of Oklahoma? | LegalEagle’s Law Review

Law — Thu, 06 Aug 2020 00:00:00 GMT

The Supreme Court says that roughly half of Oklahoma is part of a Creek reservation. Did we just lose half a state? Switch to Ting Mobile to call your friend...

What Will the Senate Impeachment Trial Look Like? & Will It Happen? (Real Law Review)

Law — Sun, 22 Dec 2019 00:00:00 GMT

President Trump has been impeached. What will his trial look like?
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From the New York Times:
Now that the House has voted to impeach President Trump, the matter would normally move to the Senate for a trial — the third for an American president.

But questions about the timing of a trial arose after the House approved two articles of impeachment against Mr. Trump. Nancy Pelosi, the House speaker, wouldn’t say when she would transmit the articles, indicating that she may wait to get certain assurances about the fairness of a trial in the Republican-controlled Senate.

A trial would require a two-thirds majority — 67 senators — to convict and remove the president. Republicans control the Senate, 53 to 47, and Mr. Trump is widely expected to be acquitted. But Democrats have argued that impeaching him is a moral necessity, even if he remains in office.

Mr. Trump is only the third president to face a Senate trial for “high crimes and misdemeanors.” (The first two, Andrew Johnson and Bill Clinton, were both acquitted. Another president, Richard M. Nixon, resigned rather than face impeachment and trial.)

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Welcome to Real Law Review by LegalEagle; a series where I try to tackle the most important legal issues of the day. If you have a suggestion for the next topic leave your comment below.

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All clips used for fair use commentary, criticism, and educational purposes. See Hosseinzadeh v. Klein, 276 F.Supp.3d 34 (S.D.N.Y. 2017); Equals Three, LLC v. Jukin Media, Inc., 139 F. Supp. 3d 1094 (C.D. Cal. 2015).

Typical legal disclaimer from a lawyer (occupational hazard): This is not legal advice, nor can I give you legal advice. Sorry! Everything here is for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Nothing here should be construed to form an attorney client relationship. Also, some of the links in this post may be affiliate links, meaning, at no cost to you, I will earn a small commission if you click through and make a purchase. But if you click, it really helps me make more of these videos!

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Lawyer Responds: John Oliver SLAPPs Back? (Real Law Review)

Law — Sat, 16 Nov 2019 00:00:00 GMT

John Oliver was sued by Bob Murrary for defamation. Was it really a meritless suit or is there more to the story? If you’re in the market for a great suit, I can’t recommend Indochino highly enough and Legal Eagles get a discount! https://bit.ly/2IeeB8W

Summary from Vulture:
Remember back in 2017 when John Oliver did a Last Week Tonight segment about coal company CEO and “geriatric Dr. Evil” Bob Murray, then — as predicted — was sued by Bob Murray the following week? Oliver couldn’t discuss the lawsuit while it was ongoing, but we did get an update when the case was dismissed in February 2018, when Oliver, referencing the original segment, told Murray to “eat shit.” What you might not know, however, is that Murray appealed the case after it was dismissed, so Oliver was yet again forced into silence until the case was recently dropped. Which brings us to last night’s Last Week Tonight, when Oliver was finally free to recap the entire saga … and, in doing so, to start a whole new saga too.

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Welcome to Real Law Review by LegalEagle; a series where I try to tackle the most important legal issues of the day. If you have suggestion for the next topic leave your comment below.

And if you disagree, be sure to leave your comment in the form of an OBJECTION!

Remember to make your comments Stella-appropriate. Stella is the LegalBeagle and she wields the gavel of justice. DO NOT MESS WITH STELLA.

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Typical legal disclaimer from a lawyer (occupational hazard): This is not legal advice, nor can I give you legal advice. Sorry! Everything here is for informational purposes only and not for the purpose of providing legal advice. You should conta ct your attorney to obtain advice with respect to any particular issue or problem. Nothing here should be construed to form an attorney client relationship. Also, some of the links in this post may be affiliate links, meaning, at no cost to you, I will earn a small commission if you click through and make a purchase. But if you click, it really helps me make more of these videos!

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Are Fetal Heartbeat Laws Constitutional? (and the History of Roe v. Wade) -- Real Law Review

Law — Thu, 13 Jun 2019 00:00:00 GMT

Can states circumvent Roe v. Wade? Is Roe still good law? What will happen in the Supreme Court?

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Several states have signed or enacted “fetal heartbeat bills” that ban abortion as soon as electrical activity is detected within the fetus. Doctors say that this activity can occur as soon as six weeks after fertilization. Some advocates call this a complete ban on abortions in disguise.

If you ask most people about abortion rights they can probably name one case: Roe v. Wade. But in the modern era, the more important case is Planned Parenthood v. Casey. Both Roe and Casey are the progeny of another case called Griswold v. Connecticut which first recognized a right to privacy.

Regardless of which side of the aisle you sit, it’s important to know the constitutional underpinnings of the current jurisprudence. Supreme Court case law can change. Often it needs to. In some ways it’s inevitable. So let’s talk about how things are likely to change in the wake of the fetal heartbeat bills.

(Thanks to Tab for a Cause for sponsoring this video)

Welcome to Real Law Review by LegalEagle; a series where I try to tackle the most important legal issues of the day. If you have suggestion for the next topic leave your comment below.

And if you disagree, be sure to leave your comment in the form of an OBJECTION!

Remember to make your comments Stella-appropriate. Stella is the LegalBeagle and she wields the gavel of justice. DO NOT MESS WITH STELLA.

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Real Lawyer Reacts to Star Trek TNG Measure of a Man (Picard Defend Data’s Humanity) // LegalEagle

Law — Sun, 26 May 2019 16:15:12 GMT

Is Data machine or man?!?!?!
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By popular request, one of the greatest episodes of Star Trek The Next Generation!

When Starfleet officer Maddox orders Data’s disassembly for research purposes, Data is thrust into a legal battle to determine if he is entitled to the rights enjoyed by sentient beings. Data tries to resign his commission but Starfleet won’t let him. Worse, against his will, Commander Riker is ordered to advocate against Data. Captain Picard must defend Data in a trial for his life.

Is it a realistic trial? Does Data deserves all the rights and privileges of a Starfleet officer? IS DATA A REAL PERSON?!

"The Measure of a Man" is the ninth episode of the second season of Star Trek: The Next Generation.

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I get asked a lot about whether being a practicing attorney is like being a lawyer on TV. I love watching legal movies and courtroom dramas. It's one of the reasons I decided to become a lawyer. But sometimes they make me want to pull my hair out because they are ridiculous.

Today I'm taking a break from representing clients and teaching law students how to kick ass in law school to take on lawyers in the movies and on TV. While all legal movies and shows take dramatic license to make things more interesting (nobody wants to see hundreds of hours of brief writing), many of them have a grain of truth.

This is part of a continuing series of "Lawyer Reaction" videos. Got a legal movie or TV show you'd like me to critique? Let me know in the comments!

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Lawyer Breaks Down 30 Courtroom Scenes From Film & TV | WIRED

Law — Mon, 15 Apr 2019 00:00:00 GMT

Lucy Lang, Executive Director, Institute For Innovation In Prosecution at John Jay College of Criminal Justice, takes a look at courtroom scenes from a variety of television shows and movies and breaks down how accurate they really are.

Find out more about the Institute for Innovation in Prosecution here:
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WIRED is where tomorrow is realized. Through thought-provoking stories and videos, WIRED explores the future of business, innovation, and culture.

Lawyer Breaks Down 30 Courtroom Scenes From Film & TV | WIRED

Lung Sounds | NCLEX Review [2019]

Law — Tue, 05 Mar 2019 05:37:34 GMT

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Lung sounds, or breath sounds, refer to the sounds heard when air moves through the respiratory system. These are easily identified by auscultation, or listening to, the lung fields with a stethoscope. The lung sounds are classified according to the sounds involved during the inhalation and exhalation phases of the breath cycle, taking note of the pitch and intensity.

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Is President Trump's National Emergency Declaration Legal? (Real Law Review)

Law — Tue, 05 Mar 2019 05:13:55 GMT

Can Trump declare a national emergency to build his border wall?
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On February 15, 2019, President Trump issued an emergency declaration stating that he intended to reappropriate billions of dollars to help finance a border wall that spans the entire US/Mexico border. Weeks earlier he help up the 2019 US Budget over border wall funding, leading to a government shutdown. No president has issued a similar declaration of emergency.

Can the president simply declare a national emergency and start building a border wall?

Is there even an immigration “emergency?”

What are the repercussions this national emergency declaration?

Welcome to Real Law Review by LegalEagle; a series where I try to tackle the most important legal issues of the day. If you have suggestion for the next topic leave your comment below.

And if you disagree, be sure to leave your comment in the form of an OBJECTION!

Remember to make your comments Stella-appropriate. Stella is the LegalBeagle and she wields the gavel of justice. DO NOT MESS WITH STELLA.

★More series on LegalEagle★
Real Lawyer Reacts: https://goo.gl/hw9vcE
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Law 101: https://goo.gl/rrzFw3
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Daubert: A Two-Edged Sword

Law — Thu, 14 Feb 2019 23:58:42 GMT

Atlanta plaintiff's attorney Douglas Dumont talks about the admissibility of expert witnesses' testimony. This talk was given on March 29 at the GTLA 2010 annual convention in Atlanta. For more information on Mr. Dumont and the Warshauer Law Group please visit http://www.warlawgroup.com.

LRANY Video Series: Daubert Standard of Evidence

Law — Thu, 14 Feb 2019 23:52:27 GMT

This week, to continue the LRANY video series, we bring to you a video on the Daubert standard of evidence. Currently in New York, we use the "Frye" standard of evidence, which requires only one criterion be satisfied: is the theory "generally accepted?". This standard is inadequate at ensuring actions are founded on sound, reliable theories.

We must bring our state to the present and align with more that 30 other states in the nation who have changed these standards to reflect improvements in scientific knowledge and methods. The application of the "Daubert" standard will ensure that juries are presented with evidence that is relevant, reliable, and supported by scientific methodology. This adjustment will prevent forum shopping; i.e. will discourage cases of questionable merit from being brought in New York because of weaker expert opinion evidence standards. In addition to helping prevent overburdening New York state courts with cases based on "junk science."

Join us on April 29, 2015 in New York City for our Daubert Dilemma Event - CLE Eligible: http://www.nylawsuitreform.org/daubert-dilemma-april-29-2015-nyc/

Daubert 101 An Intro to Daubert Standard in WI 03 27 2015

Law — Thu, 14 Feb 2019 23:16:07 GMT

Daubert 101 - An Intro to Daubert Standard in WI - Presentation by AAG Winn Collins - March 27 2015

Daubert v. Merrell Dow Pharmaceuticals Summary| quimbee.com

Law — Thu, 14 Feb 2019 21:25:01 GMT

An animated case brief of Daubert v. Merrell Dow Pharmaceuticals, 509 U.S. 579 (1993). Read the text of the case brief at https://www.quimbee.com/cases/daubert-v-merrell-dow-pharmaceuticals-inc

Jason Daubert and Eric Schuller were minors born with birth defects. The minors and their parents (Daubert) (plaintiffs) brought suit against Merrell Dow Pharmaceuticals (Merrell) (defendant), alleging that its product, Bendectin, caused the defects. Daubert brought forth the testimony of eight scientific experts who had concluded that Bendectin could cause birth defects. However, the district court granted Merrell’s motion for summary judgment and the United States Court of Appeals for the Ninth Circuit affirmed because Daubert’s experts’ opinions were based on scientific techniques that were not “generally accepted” in the scientific community and as a result, their testimony was not admissible under Frye v. United States 293 F.1013 (D.C. Cir.1923). The United States Supreme Court granted certiorari to determine the proper standard for admitting expert testimony of scientific knowledge.

What is the Daubert Standard for Expert Testimony?

Law — Thu, 14 Feb 2019 21:20:34 GMT

If you are a litigator, you might have the need for an expert witness at some point in your career. This video highlights the Daubert Standard for expert testimony. The Daubert standard determines whether or not an expert witness testimony gets excluded in a case. Be sure you know the Daubert to prevent your designated expert witness from being excluded. If applicable, you can use the Daubert standard file for a motion to exclude an opposing expert.

For expert witnesses, it is essential that you know the Daubert standard because it is used for all federal cases and more than half the states. ForensisGroup is the nation's premier provider of expert witnesses and consultants. For more information, please visit us at http://www.forensisgroup.com.

The Daubert Expert Witness Standard v. Frye

Law — Thu, 14 Feb 2019 21:12:03 GMT

Mystery company fighting Mueller: New details emerge

Law — Wed, 23 Jan 2019 01:45:45 GMT

An attempt before the Supreme Court for a company to dodge a grand jury subpoena related to the Mueller investigation revealed a new twist Tuesday: that the company is wholly owned by a foreign government.

WH bans most transgender persons from serving

Law — Wed, 23 Jan 2019 00:16:39 GMT

The White House announced a policy to ban most transgender persons from serving in the US military.

SCOTUS allows transgender military ban to go into effect

Law — Wed, 23 Jan 2019 00:10:14 GMT

The Supreme Court allowed President Donald Trump's transgender military ban to go into effect, dealing a blow to LGBT activists who call the ban cruel and irrational.

Real Law Review: Discord and BetterHelp Hurting Users? (New Terms of Service)

Law — Sun, 28 Oct 2018 23:57:21 GMT

Discord and BetterHelp recently changed their terms of services (ToS). What does it mean to waive your right to class action and force arbitration? Does BetterHelp do anything to actually provide therapeutic services? We’ll find out why today! Corporations v. Users! DeFranco v. PieDiePie! Fight!

Welcome to Real Law Review by LegalEagle; a new series on this channel where I try to tackle the most important legal issues of the day. If you have suggestion for the next topic leave your comment below. And if you disagree, be sure to leave your comment in the form of an OBJECTION!

Remember to make your comments Stella-appropriate. Stella is the LegalBeagle and she wields the gavel of justice. DO NOT MESS WITH STELLA.

If you’d like to see me critique your favorite legal TV show or movie like Suits or Better Call Saul, check out my Real Layer Reacts series, https://goo.gl/42fKce

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There are two questions that I cover today:

Is Discord’s class action waiver and forced arbitration clause legal?
Does BetterHelp’s terms of service show its a fraud or a scam?

Errata:

--Epic Systems v. Lewis (consolidated with Ernst & Young v. Morris): http://www.scotusblog.com/case-files/cases/ernst-young-llp-v-morris/
--Discord’s TOS: https://discordapp.com/terms
--Betterhelp TOS: https://www.betterhelp.com/terms/
--Betterhelp's old TOS: https://web.archive.org/web/20180829021515/https://www.betterhelp.com/terms/
--PewDiePie’s video on BetterHelp: https://www.youtube.com/watch?v=8PLgOaVXmGU
--Phil Defranco on BetterHelp: https://www.youtube.com/watch?v=gzRqPFtKiYU

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Refuse to Talk to the Cops? Better not have any weed on ya, By Criminal Defense Attorney Jeff Lotter

Law — Sun, 28 Oct 2018 22:54:26 GMT

At risk of going to jail? Refuse talking to the cops could put you there quickly! Traditional legal advice tends to focus on after the fact, not preventing the arrest in the first place.

If you have a suggested topic, include it in the comments below.

Thank you for watching!
Jeff Lotter, Esq.
1333 W Colonial Drive 3b
Orlando, FL 32804
407-885-8499
www.JeffLotter.com
https://youtu.be/u_Lup5zqb_I

Dunphy Inquiry: Heated cross examination of police officer

Law — Sun, 28 Oct 2018 07:03:16 GMT

This cross examination is part of a provincial commission of enquiry into a police shooting In Newfoundland. The commission was called after RNC Constable -Joe Smyth shot and killed Mr. Don Dunphy in his home. The constable went there to ask Mr. Dunphy about tweets threatening the Premier of NL. The RCMP and former chief justice Leo Barry found the shooting justified and recommended changes be made to policing policies and practices. Here's a link to a pdf of the commission''s finding's http://www.ciddd.ca/documents/final_report_june_20_2017-toc.pdf

RNC Constable Joe Smyth was cross-examined today by lawyer Bob Simmonds who represents Don Dunphy's daughter..
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