The Legal Seagull: Law | Litigation | Self-Help | Legal History

By Neer Lerner

Education Government & Organizations Training Higher Education

What's The Legal Seagull: Law | Litigation | Self-Help | Legal History about?

Join us as we explore the American legal system, litigation, and civil lawsuits. Learn how to protect your rights, be an effective advocate for your legal claims, and navigate the legal system.

Whether you're a lawyer or have no legal background whatsoever, the Legal Seagull has something for everyone.

www.thelegalseagull.com

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The Legal Seagull: Law | Litigation | Self-Help | Legal History episodes:

06.30.2017
Objection to Leading Question? Try Rephrasing
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...
06.06.2017
Does Law School Prepare You To Be A Lawyer?
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 attorneys for the rigorsof litigation practice? In this episode, I'm...
03.09.2017
Oh No! My Dog Bit Someone: Dog Bite Lawsuits
If your dog bit someone, do not panic. One of the first things you should do is educate yourself about your potential liability to the person injured. Each state has its own laws on the topic, but there are a...
02.15.2017
Protecting the President: The Secret Service
Few agencies are more shrouded in mystery than the United States Secret Service. It even has the word "secret" right in its name! In this episode, we trace the fascinating history of this federal agency–from its origins as an...
02.09.2017
Unhappiness and Depression Among Lawyers: An Epidemic
According to the Dave Nee Foundation, which promotes awareness of depression among lawyers, “lawyers are 3.6 times more likely to suffer from depression than non-lawyers.” In a February 2016 study published in the Journal of Addiction Medicine, it was noted that: “Levels...
01.31.2017
Net Neutrality: What is it, What is its Future, and Why Should You Care?
With the recent appointment of Ajit Pai to chair the Federal Communications Commission (FCC), the current regulatory regime of net neutrality is expected to be eliminated or significantly curtailed. The elimination of net neutrality may impact which websites and...
01.27.2017
The Worst Supreme Court Decision Ever: Dred Scott v. Sandford (1857)
Dred Scott v. Sandford (1857) is widely considered to be the worst decision ever issued by the United States Supreme Court. Dred Scott, a slave, sued for his freedom on grounds that he had resided in the free state of...
01.24.2017
Waivers and Releases of Liability: Those Things We Sign But Rarely Read
In one form or another, you're exposed to waivers of liability almost every day. Ever wonder what exactly you're giving up with these contracts? Spoiler alert: A LOT! Even The Legal Seagull has a waiver of liability in its disclaimer....
01.20.2017
Do I Need a Prenup? Marriage and Money
A prenuptial agreement (“prenup”) is a contract between two people, signed before marriage, detailing how assets and liabilities will be divided in the event of divorce or death. When this type of contract is signed during marriage, it is referred...
01.17.2017
If You Die Tomorrow: Do You Need a Will?
If you died tomorrow without a will, who would inherit your assets? Who would be your children's guardian? What would happen to your remains and who would carry out that unenviable task? How would your debt and final expenses be...
01.04.2017
OBJECTION! A Guide to Courtroom Objections
In large part due to Hollywood's sensational portrayal of courtroom dramas, most people have a very distorted understanding of how courtroom objections work. In this episode, we go over the most common objections, using actors to play the different court roles...
12.29.2016
How to Write a Great Demand Letter
A demand letter is a document that gives formal notice that you are considering legal action. Most demand letters contain a demand for money or some other form of remedy. Demand letters are typically written by attorneys. However, non-attorneys (known as pro...
12.26.2016
When in Rome: How to Act in Court
“When in Rome, do as the Romans do.” Yes, it's an annoying and overused cliché, but an important piece of advice for how to act in court or any other new environment. Going to court is no different than any...
12.21.2016
S**t Out of Luck: Don’t Blow the Statute of Limitations!
Statutes of limitation are laws limiting the time to file a lawsuit for a particular event or set of facts.* Statutes of limitation cut off a party’s right to sue another party after a certain time period. Legal claims, like...
12.18.2016
Justice Ain't Cheap: Does It Make Sense for You to Sue?
Before you even consider filing a lawsuit, you must determine whether it makes financial sense for you to proceed. In this episode, we discuss some important factors to consider when evaluating the economic wisdom of proceeding with a lawsuit. __________________...
12.12.2015
Exculpatory Clauses: Signing Away Our Right to Sue
You may not recognize the term exculpatory clauses; however, it may surprise you to learn that you have signed dozens upon dozens (if not hundreds or thousands) of them. In fact, you may have even signed one today! You have “agreed” to...
11.17.2015
Basic Contracts 101: Contract Formation: Offer, Acceptance, and Consideration
A contract is a voluntary, private, legally enforceable agreement between two or more parties. To be valid, a contract must, atminimum, consist of an offer, acceptance, and consideration. In this episode, we discuss the formation of contracts, and delve into the following...
11.10.2015
Living Wills and Health Care Proxies
Monumental advances in medical technology have made it possible for human life to be extended dramatically, often with unintended consequences. The ability to suspend death artificially (e.g. hydration and feeding, mechanical ventilation, surgery, etc.) creates a painful dilemma. How long...
05.15.2015
Should You Go to Law School?
Are you considering applying to law school? Have you been accepted to law school and are now considering whether to enroll? Deciding whether to attend law school is one of the most important decisions you will make. Regardless of your...
03.18.2015
Nine Things I Learned Watching My Dad Fight Cancer
In this episode, I discuss nine things I learned watching my dad fight cancer: 1. The importance of estate/medical planning: advanced health care directives, wills, health care proxies, and life insurance. 2. Life is unpredictable and (sometimes) short. 3. Live every...
12.05.2014
Can’t Always Indict a Ham Sandwich: Michael Brown, Eric Garner, and the Grand Jury System
In the span of less than two weeks, grand juries in Missouri and New York voted not to indict police officers for the deaths of two unarmed black men in unrelated encounters. What followed was a chorus of indignation by...
11.27.2014
What is a Fourth Amendment "Search?"
The Fourth Amendment of the United States Constitution prohibits “unreasonable searches and seizures.” For a police intrusion to be unconstitutional, it must be both: (a) a “search” AND (2) “unreasonable.” In this episode, we focus on the Supreme Court’s interpretations...
11.17.2014
Liebeck v. McDonalds: The Hot Coffee Case
Did you ever hear about the woman who spilled McDonald’s coffee on herself and was awarded five kachillion dollars by a jury? Liebeck v. McDonalds, the “hot coffee case” went to trial in 1994, and remains to this day one of the most notorious...
11.08.2014
Home Sweet Home: Warrantless Searches of Residences
The home is universally revered as a place of sanctuary, privacy, and independence. It is not surprising that the United States Constitution affords special protections to the home. The Fourth Amendment states: “The right of the people to be...
10.27.2014
“Tort Reform” or “Tort Deform?" (Part II): Mandatory Arbitration Clauses
Arbitration is an alternative dispute resolution method that allows parties to forego the time and expense of a jury trial and elect instead to have their dispute heard and adjudicated by a supposedly neutral third person. When parties of equal...
10.20.2014
“Tort Reform” or “Tort Deform?" (Part I): Caps on Damages
Despite popular belief, “tort reform” has nothing to do with pastries or small cakes (see “tortes” or “tarts”). Torts include a variety of civil lawsuits (e.g. personal injury, wrongful death, medical malpractice, professional negligence, premises liability, defamation and more). “Tort reform”...
10.03.2014
“Yes Means Yes”: Sexual Consent on College Campuses
In August 2014, the California Senate passed Senate Bill No. 967(the “Yes Means Yes” law). California is the first state to pass a law of this kind, which requires colleges that accept state funds to adopt a new “affirmative consent”...
09.26.2014
Lying Eyes: Eyewitness Misidentification in the Criminal Justice System
In the Marx brothers’ movie Duck Soup, Chico Marx famously says, “Who are you going to believe, me or your own eyes? Eyewitness misidentification is the most significant contributing factor to wrongful convictions. According to The Innocence Project, 72% of the people...
09.20.2014
Watch Your Keyboard: Defamation in the Age of Social Media
n this age of social media, it has become easier than ever for ordinary Americans to find ourselves defendants in a defamation lawsuit. What sometimes begins as a mischievous or ill-conceived Tweet, Facebook post, Yelp review, Linkedin message, or Google + announcement...
09.14.2014
Exonerated After 20 Years on Death Row: Interview with Nick Yarris, Formerly Inmate No. AM-6841
08.22.2014
Fighting a Traffic Ticket
We all know the feeling. You’re on the road enjoying a worry-free drive, when you suddenly notice flashing red/blue lights in your rear view mirror. At first, you figure you should change lanes to allow the police car to drive ahead...
08.15.2014
Inside the Jury Box: Right to a Jury Trial | Jury Composition and Selection | Jury Nullification
Few features of the American legal model are less understood than the jury system. For most people, the first introduction to juries comes in the form of a long-dreaded summons for jury service, which has an uncanny tendency to arrive during...
08.08.2014
Native Americans and the Law
Native American law (or “Indian law” as it is sometimes called) lies at the intersection of federal, state, and tribal laws, some of which pre-date the arrival of European colonists in North America. In today’s episode, we discuss the nature...
08.01.2014
Marijuana and the Law: Legalization | Federal Preemption | Policy Considerations | Interview with NORML Founder Keith Stroup
In November 2012, voters in Colorado and Washington passed ballot initiatives legalizing the recreational use of marijuana. In the aftermath of legalization by these states, pundits continue to discuss the wisdom of expanding legalization of marijuana, a substance that remains illegal...
07.25.2014
Understanding Self-Defense Law
The law of self-defense authorizes* a person, under certain circumstances, to use otherwise unlawful force (even deadly force) to repel an imminent threat of bodily injury or death. Self-defense laws differ among federal and state jurisdictions. Generally, a person claiming self-defense...
07.18.2014
All About Trademarks | Washington Redskins Trademark Controversy
n this episode, we discuss trademarks: what they are; what they protect; what they cannot protect; the aspects of a protectable mark; grounds for cancellation; and, how courts determine whether a trademark has been infringed. The discussion includes trademark issues and...
07.11.2014
Is Teacher Tenure Unconstitutional? Tenure Under Scrutiny | Interview with Attorney Josh Kuns
In the recent case Vergara v. California, a trial judge ruled that California’s teacher tenure laws violated the California Constitution by depriving students of their rights to a quality education. In this episode, Josh Kuns, an employment litigation attorney, explains the ruling,...
07.04.2014
Recent Landmark Supreme Court Rulings: Warrantless Cell Phone Searches | First Amendment Cases (Abortion Buffer Zone and ACA Contraceptives Mandate) | and More!
June 2014 was a fascinating month for the law, with several significant rulings by the U.S. Supreme Court. The Court unanimously held that warrantless cell phone searches by police are unconstitutional (with few exceptions) and that a Massachusetts law requiring...
06.26.2014
Legalese: The Strange Language of Lawyers | Interview with Gary Kinder
KNOW ALL MEN BY THESE PRESENTS, that the undersigned, Neer Lerner, a natural person of sound mind and body, proprietor of The Legal Seagull Podcast, hereby bargains, assigns, and transfers the herein-described audio content to his listeners*! This over-the-top, convoluted, and...
06.20.2014
The Americans with Disabilities Act: Used and (Sometimes) Abused
We’ve all heard about the Americans with Disabilities Act (“ADA”), but only a select few understand what it is, how it works, and what classes of people it protects. For many of us, our only familiarity with the ADA is...
06.03.2014
You Have the Right to Remain Silent
Even if you have never been placed under arrest, you are probably familiar with Miranda warnings. They usually sound something like this: “You have the right to remain silent. Anything you say can and will be used against you in...
06.03.2014
Introduction the The Legal Seagull Podcast
Hey everyone, welcome to The Legal Seagull Podcast! In this introductory episode let’s you know about the format and subject matter of the Legal Seagull Podcast. I also introduce myself and give a brief background. The Legal Seagull Podcast is designed...

What's The Legal Seagull: Law | Litigation | Self-Help | Legal History about?

Download our free app to listen on your phone

The Legal Seagull: Law | Litigation | Self-Help | Legal History episodes:

Objection to Leading Question? Try Rephrasing

Does Law School Prepare You To Be A Lawyer?

Oh No! My Dog Bit Someone: Dog Bite Lawsuits

Protecting the President: The Secret Service

Unhappiness and Depression Among Lawyers: An Epidemic

Net Neutrality: What is it, What is its Future, and Why Should You Care?

The Worst Supreme Court Decision Ever: Dred Scott v. Sandford (1857)

Waivers and Releases of Liability: Those Things We Sign But Rarely Read

Do I Need a Prenup? Marriage and Money

If You Die Tomorrow: Do You Need a Will?

OBJECTION! A Guide to Courtroom Objections

How to Write a Great Demand Letter

When in Rome: How to Act in Court

S**t Out of Luck: Don’t Blow the Statute of Limitations!

Justice Ain't Cheap: Does It Make Sense for You to Sue?

Exculpatory Clauses: Signing Away Our Right to Sue

Basic Contracts 101: Contract Formation: Offer, Acceptance, and Consideration

Living Wills and Health Care Proxies

Should You Go to Law School?

Nine Things I Learned Watching My Dad Fight Cancer

Can’t Always Indict a Ham Sandwich: Michael Brown, Eric Garner, and the Grand Jury System

What is a Fourth Amendment "Search?"

Liebeck v. McDonalds: The Hot Coffee Case

Home Sweet Home: Warrantless Searches of Residences

“Tort Reform” or “Tort Deform?" (Part II): Mandatory Arbitration Clauses

“Tort Reform” or “Tort Deform?" (Part I): Caps on Damages

“Yes Means Yes”: Sexual Consent on College Campuses

Lying Eyes: Eyewitness Misidentification in the Criminal Justice System

Watch Your Keyboard: Defamation in the Age of Social Media

Exonerated After 20 Years on Death Row: Interview with Nick Yarris, Formerly Inmate No. AM-6841

Fighting a Traffic Ticket

Inside the Jury Box: Right to a Jury Trial | Jury Composition and Selection | Jury Nullification

Native Americans and the Law

Marijuana and the Law: Legalization | Federal Preemption | Policy Considerations | Interview with NORML Founder Keith Stroup

Understanding Self-Defense Law

All About Trademarks | Washington Redskins Trademark Controversy

Is Teacher Tenure Unconstitutional? Tenure Under Scrutiny | Interview with Attorney Josh Kuns

Recent Landmark Supreme Court Rulings: Warrantless Cell Phone Searches | First Amendment Cases (Abortion Buffer Zone and ACA Contraceptives Mandate) | and More!

Legalese: The Strange Language of Lawyers | Interview with Gary Kinder

The Americans with Disabilities Act: Used and (Sometimes) Abused

You Have the Right to Remain Silent

Introduction the The Legal Seagull Podcast