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Simple English definitions for legal terms

failure to state a claim

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A quick definition of failure to state a claim:

Failure to state a claim: This means that even if everything someone says in a complaint is true, it might not be enough to prove that something wrong happened. If this happens, the case might be dismissed. This is called a defense and is used in federal civil cases. It used to be called a demurrer before the Federal Rules of Civil Procedure were created.

A more thorough explanation:

Definition: Failure to state a claim is a defense used in a legal case where the defendant argues that even if all the facts presented in the plaintiff's complaint are true, they do not establish a valid legal claim and the case should be dismissed.

For example, if someone sues their neighbor for being annoying, but there is no law against being annoying, the defendant could argue that the plaintiff has failed to state a valid legal claim.

This defense is typically raised through a motion to dismiss, which is a request to the court to dismiss the case before it goes to trial. In federal court, this motion is made under Rule 12(b)(6) of the Federal Rules of Civil Procedure.

Before the adoption of the Federal Rules of Civil Procedure, this defense was known as a demurrer.

failure of issue | fair comment

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manifestmoreadmissions
10:18
for those of you wondering if admissions offices are working today i got an email from an adcomm today responding to something i sent earlier in the week
What does an interview for a transfer student at george mason mean?
trees1234567
12:02
JB was here yesterday dang it!!
LegalUsername
12:05
Are law schools open today or do they also have another day off considering it's sandwiched between July 4th and the weekend?
lawnfire2896
12:57
they're open
is wash u open
14:32
@HangingAboriginalLeopard: my lsat is a 168, but i got the fordham wl this cycle. i applied to it as a safety, so im kinda surprised about the wl
lawnfire2896
14:46
washu is open
amlaw
14:57
vanderbilt clearly is
Why clearly lol
amlaw
15:17
two acceptances today
what !! Crazy
manifestmoreadmissions
15:32
oh congrats to the vandy admits!!!
TacitSplendidShrew
17:08
Hi everybody, I am applying to schools this August. I could use some brief help with optics for my personal statement, as I am a first-gen student in every regard--even at the high school graduate level.
trees1234567
17:17
what help are you looking for!
trees1234567
17:17
happy to give advice if helpful
22:42
Hey Everyone, I am also applying this cycle and have a question about my personal statement. I want to become a lawyer because of a personal trauma I experienced in the past. Is this too sensitive of a topic to mention in a PS? I won't go into detail and only mention it as it relates to my inspiration to be a lawyer.
[] ararara
23:18
Yo! LSD has an AI consultant named Molly to help detect for red flags and trauma dumping in personal statements. You can try it at no charge by signing up for a free trial of LSD+. Think it gives you like two weeks for free or something though so be mindful of how advanced you are in PS drafts. Might want to time it so you have access when it’s most important.
[] ararara
23:20
@darthaifos33: this is just my opinion but I think it’s important to try and keep things positive if you can because it will reflect well on you if you can. I’ve been fortunate to read a lot of PSs as an lsat tutor and I’ve gotta say there is a lot of darkness in the world. It’s cliche but that’s the perfect time for your heart to shine through! Also, always keep in mind you’re applying to a professional school so there has to be that relevance I think.
[] ararara
23:22
Even though it’s impossible try to imagine a bunch of candidates who have had it way harder than what you’re saying but are also big about it. That’s why I think it looks better to be positive if you can about trauma even though it can be hard af.
23:53
Of course! I plan to positvely weave it through my narrative and relevant professional experience in a way that isn't too dark or anything like that. I just wasn't sure if it was a big taboo or anything like that
[] ararara
0:00
@TacitSplendidShrew: @darthaifos33 https://drive.google.com/drive/mobile/folders/1jsyd1Mq8RlyMVqli_BW9z1uxY2SzNtFK?sort=13&direction=a definitely try molly and check this link out as well! The only thing about molly is some apps ask if you used AI to write your statement so be mindful of what they’re asking/what you’re using molly for!
manifestmoreadmissions
9:44
is LSDs AI assistant being named molly on purpose
KimchiQueen
10:25
@manifestmoreadmissions: OMG LOL
KimchiQueen
10:26
@manifestmoreadmissions: OMG LOL
LegalUsername
10:26
lol
14:23
am I considered KJD if I am applying the summer right after May graduation?
no because you’ll have a full year before you start school
Omg lol who cares
17:09
In my opinion thats close enough @darthaifos33
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