law

T(&A)TTBE #44: Early Answer for Patrons!

This was a fiendishly hard question, as evidenced by the fact that both Thomas and guest Andrew Seidel got the question wrong.  Oh, and Thomas's Second-Chance Law Firm also got the question wrong for the first time in nearly forever.

In fact, other than attorney Charone Frankel, I don't know that anyone got this question right.  Let's dive in.

Obviously, this was a hearsay question, and to figure our hearsay, we turn to our friend, 2017-10-09 00:47:30 +0000 UTC View Post

OA110: Gun Control After Las Vegas & Two Trips To Yodel Mountain

Today's rapid-response episode begins with a discussion of the tragedy in Las Vegas and whether we can do anything about it.  Before you dig in, you might want to take a refresher on our two-part masterclass on the Second Amendment in Episode 21 (Part 1) and Episode 26 (Part 2).

Then, we ...

Law'd Awful Movies #11: The Trial of the Incredible Hulk

So sorry for the delay! At long last, here it is! This one was... a movie.

Patron QnA 4!

Andrew gets some questions on Serial and other stuff! Sorry this was late, LAM11 is coming soon!

OA109: The GOP Tax Plan's Big Lie (& More!)

Today's show discusses:

A)  The Jones Act and Puerto Rico;
B)  The GOP's tax plan; and
C)  Oral arguments in the Zarda v. Altitude Express case we discussed back in Episode 91.

Support us on Patreon at:  patreon.com/law

Follow us on Twitter:  2017-10-03 01:08:25 +0000 UTC View Post

TTTBE #43: Early Post for Patrons, Travel Day Edition

I'm flying back from Utah today, but the answer was "D."  This was a difficult question because the "C" and "D" answers were so close, but I want to give a special shout-out to Derek Billings, who managed to explain things exactly correctly on Twitter:

https://twitter.com/DB_Grimwalker/status/913867973949091846

Thomas is now at 24-for-43 (55.8%) overall.

OA108: State Sponsored Patriotism in the NFL (& So Much MORE!)

Today's episode hits on some timely news stories, including Trump's latest kerfuffle with the NFL.

In the pre-show, we talk a little bit about the Graham-Cassidy Bill, which is hopefully defunct by the time you hear this.  But can Trump save it via Executive Order?  (No.)

Then, we return for a lengthy "Andrews Were Wrong!" segment in which we iss...

Patron QnA 3!

OA107: Adnan Syed Obviously Did It (Also: You Can Learn About Patents!)

Today's super-sized show -- at long last! --  discusses season 1 of the Serial podcast.  Even if you haven't heard Serial, we think you'll enjoy this application of the principles of reasonable doubt.

We begin with a discussion of the recent settlement between Evergreen College and Bret Weinstein.  Why does Andrew say this means the college valued Weinstein's alleged $3.8 million lawsuit at zero?

In the main segment, Andrew goes through some of ...

TTTBE #42: Early Answer for Patrons, Post-Airport Edition

The answer was "D," and Thomas's amazing 9-question winning streak (sadly) has come to an end.  He's currently at 24-for-42 (57.1%) overall.

Most of you were split roughly equally between Thomas's answer ("B") and "D."  Answer "A" was not a real rule, and answer "C" was every bit as silly as we thought it was on the show.

This question tested your knowledge of Rule 901 of the Fe...

OA 106: Elections Have Consequences! Donald Trump, Bernie Sanders & the DNC Lawsuit

In this episode, we discuss a number of political stories making the rounds.

First, "Yodel Mountain" returns with a look at the recent CNN story showing that the FBI obtained a FISA court warrant for Paul Manafort.  Does this mean Trump's complaints about Obama "wiretapping" his campaign are true?  Listen and find out!

In the main segment, Andrew walks us through the recent ruling dismissing out the class action claims against the Democratic National Committee ostensibly b...

OA105: More Gay Wedding Cakes

Today's show discusses everyone's favorite non-issue:  whether bigots who bake cakes for a living can discriminate against gays.

We begin with a lightning round of questions taken from the Opening Arguments Facebook Community, which you should definitely join!

In the main segment, we break down Masterpiece Cakeshop v. Colorado Civil Rights Commission, which is currentl...

LAM #11 Poll

These are the five highest-voted (by "hearts") movies from the suggestions thread, so vote for whichever one film you most want to inflict on us and Chris Kluwe!

Poll closes Tuesday at midnight.

TTTBE #41: Early Answer for Patrons!

The question asked whether, in a murder investigation where the police found a left shoe imprint at the crime scene, the right shoe found at the defendant's house would be admissible as evidence.

This question tested your knowledge of direct versus circumstantial evidence.  I thought it was pretty easy, and most people who played along got the answer correct, including Thomas.  It was "B" -- that the right shoe is admissible as circumstantial evidence.

The dif...

OA104: Equifax, Class Actions, Sham Marriages & Redistricting!

Our jam-packed "breaking news" episode covers some of the biggest stories trending at the moment, including the Equifax breach.

First, Closed Arguments returns by tackling a proposal from friend of the show Eli Bosnick, who asks -- in light of Trump's repeal of DACA -- whether we can't just marry off the 800,000 program participants.  We can't; listen and find out why.

In the main segment, Andrew walks us through the Equifax data breach, the pending class-action lawsuits, and a...

LAM 11: Pick a Movie w/our surprise guest!

Okay, patrons, guess what?  You get SUPER SECRET advance knowledge of our next Law'd Awful Movies (#11) where we feature ex-NFL punter, social activist, humanist, and all-around good-guy Chris Kluwe joining us to make fun of some terrible movie.

(Keep that knowledge under your hat, folks.  It's a secret.)

Knowing our guest, what movie should we do??  Post your suggestions in the comments!  And remember to hit the heart and like/upvote the suggestions you most like so ...

OA103: We Defend Trump, Part 2!

Today's show discusses the Trump budget, scientist Kevin Folta's defamation lawsuit, and the recent debt ceiling deal struck between Trump and Democrats.

In the wake of hurricanes Harvey and Irma, the guys encourage you to donate to either (or both) the 2017-09-11 22:26:56 +0000 UTC View Post

TTTBE #40: Early Answer for Patrons!

For the first time ever -- as you'll hear during Tuesday's show -- Thomas got the bar answer correct, and Andrew got it wrong.

(Andrew's in pretty good company here; friend of the show and practicing attorney Charone Frankel also got it wrong.)

So yes, that means the answer is "A" -- that the wording of the in...

OA102: The Utah Nurse, DACA, & Disaster Relief

This week's "breaking news" episode covers three of the biggest stories trending at the moment:  the Utah nurse who was arrested for standing up for her patient's rights; Trump's repeal of DACA; and churches suing for relief funds.

In the wake of hurricanes Harvey and Irma, the guys encourage you to donate to either (or both) the 2017-09-08 03:11:21 +0000 UTC View Post

OA101: DreamHost and Free Speech

Today's show discusses the free speech issues surrounding the Trump administration issuing a search warrant to DreamHost in connection with its hosting of a website critical of the Trump administration.

We begin, however, with the triumphant return of "CLOSED ARGUMENTS" -- this time, examining a truly insane claim being made by Ron Paul supporters and other nutballs who think that the Washington Metro Safety Commission overturns the Fourth Amendment.  (It doesn't.)

In the main segme...

QnA3 Featuring the New Intro! (And Baby Phoebe..)

This was recorded as a live video broadcast but because Andrew still has robot problems I wanted to make sure to post the higher quality audio for yous.

Live patron QnA 2!

With special guest star Phoebe Opening Arguments Smith!

Law'd Awful Movies #10: The Chamber

What's that? You want another terrible John Grisham 90s law movie starring Gene Hackman? Well we've got the absolute worst one, and Sam from Comedy Shoeshine is back to help us out with it!

OA100: Trump's Trans Ban & Arpaio Pardon

This week's "breaking news" episode covers two of the biggest Trump stories right now:  the ban on trans soldiers in the military, and the President's pardon of Sheriff Joe Arpaio.

First, though, we begin with the seldom-necessary "Andrew Was Wrong" segment.  The less said about this, the better.

In the main segment, Andrew walks us through President Trump's directive to the Departments of Defense and Homeland Security regarding transgender servicemembers, as well as the 2017-09-01 02:44:28 +0000 UTC View Post

OA99: Q&A Extravaganza!

Today's show is an hour-plus-long question & answer session answers some (but not all!) of the 110 questions our Patrons submitted on this thread.  As always, Andrew has no advance knowledge of these questions and answers everything off the cuff!

After the Q&A, we end with the answer to Thomas Take the Bar Exam Question #38 regarding the admissibility of prior consistent statements. &nbs...

TTTBE #38: Early Answer for Patrons!

This week's question was apparently a difficult one; most of the people who tweeted at us guessed "A," when the answer was, in fact, C.  This means Thomas is now riding high on a six-question winning streak (a new record!), and is now 21-for-38 (55.26%) -- well on his way to becoming an actual lawyer.

The relevant legal rule here is Rule 801 of the Federal Rules of Evidence con...

OA98: More Sovereign Citizen Madness!

If you or anyone you know has ever cared what color the fringe on the U.S. flag is, you will not want to miss this episode.  Yes, by popular request, we once again tackle the wild and wacky world of sovereign citizen loons!

First, though, the guys read a listener comment from Tony Wall who actually toured with KISS (!!) and can give us some insight as to Gene Simmons's copyright practices.

In the main segment, Andrew walks through 2017-08-24 23:17:27 +0000 UTC View Post

Open Thread for Show Intro Clips

This is the place to upload your suggestions for the show intro. Please hit the heart on the selections you like. Some general guidelines:

* each clip should be 10-15 seconds in length. We can't use clips that require two minutes of setup for obvious reasons.

* please link to the exact time in the file for the clip you're suggesting. Don't upload an entire movie and say "Hey, that part where Al Pacino starts shouting at the end of the Devil's Advocate is pretty funny."

*...

OA97: What Can Your Employer Fire You For?

Today's show deals with a number of issues that all surround what your employer can (and cannot) fire you for.

First, we begin by revisiting the "Google manifesto" topic from Opening Arguments Episode #94 as Thomas and Andrew respond to some hate mail from a listener who no longer wants to listen to the show after that episode.  Does he have a point?  Listen and...

OA96: Understanding Charlottesville

Today's special episode devotes all three segments to the tragedy in Charlottesville, VA.

First, the guys answer a question regarding the police declaration that the Unite the Right rally as an "unlawful gathering" right before the scheduled start time, illustrating the principles of time, place, and manner restrictions.

During the main segment, Andrew breaks down the law of hate speech and also explains the charges filed against the individual who drove his car into the protestors.