Interesting Timing on Dailypaul.com Lawsuit

From Jurisdictionary.com

If a defendant is served with a complaint, he may be able to dodge the lawsuit by filing motions to avoid filing an Answer!

This tactic is sometimes called the flurry of motions.

However! Once a defendant files an Answer, he's locked in and misses this chance to dodge the lawsuit.

Inexperienced lawyers and pro se people (who don't yet have my Jurisdictionary course) make a common mistake and file an Answer to the plaintiff's Complaint ... instead of using the flurry of motions my course explains:

Motion to Dismiss
Motion to Strike
Motion for More Definite Statement

Each of these motions postpones the necessity of filing an Answer to the plaintiff's Complaint ... and gains you valuable time and evidence-gathering opportunities!

In some cases it puts an end to the case. Period!

Here are just a few points you absolutely must know.

Motion to Dismiss: There are several grounds for filing this motion. Here are a few. The rest are in my course.

Lack of Subject Matter Jurisdiction
Improper Service of Process
Improper Venue
Failure to State a Cause of Action

The last of these is the most common! If you don't yet understand causes of action and their elements, you are not yet ready to win in court. The most important piece of knowledge you can learn about lawsuits is that they proceed on one or more causes of action, and each cause of action has certain required elements that must be alleged and ultimately proven. Each is fully explained in my course.

Motion to Strike: The following are a few of the many grounds for filing this motion:

The Complaint Contains False Allegations
The Complaint Contains Scandalous Allegations
The Complaint Contains Impertinent Allegations

The first of these is very powerful and is sometimes called a Motion to Strike Sham Pleading.

Know them all, however.

Motion for More Definite Statement: This motion should be filed when a Complaint is so poorly-written that a reasonable person would have difficulty understanding what it says, i.e., what the plaintiff is complaining about.

The court cannot require you to file an Answer if the Complaint is so poorly-written that no reasonable person could discern what the plaintiff is saying. For example, I've filed this motion when sentences in the Complaint had no verb!

If you are sued, do NOT file an Answer until you use all these motions that apply to the circumstances!

Failure to use the Flurry of Motions weakens your case and, of course, misses a valuable opportunity to dodge the case altogether.

Of course you cannot learn all you need to know about the Flurry of Motions or the other case-winning tactics my affordable Jurisdictionary course explains step-by-step in just 24-hours, but this week's Tips & Tactics gives you an idea what you'll be missing if you don't order now

this is more about combatting dissent than anything else.

Biden, you moron!

We're not talking billions in stolen value, but trillions!

Don't pretend you didn't know!

"The U.S. economy leads the world in innovation and creativity thanks to American inventors, artists and workers"

I would say the only thing we are leading in right now is creating debt and showing the world just how fast you can destroy a country.

in the war to control the internet.

Thanks for making this a thread. I was thinking of doing the same.

"The Obama Administration has always embraced the free flow of information, online collaboration, and fair use by average citizens..."

Ah yes, the great unwashed! As we look down upon them with our paternalistic pity, always remember that they are only average, not super average, like us!

"Shared Database: The U.S. Government will have a database ... that: (1) is shared by Federal law enforcement agencies; (2) contains information about intellectual property cases; and (3) can provide case specific information about pending investigations, including the name and contact information for the lead investigative agent. To satisfy this requirement, the U.S. Government can use or expand existing databases, such as those used by the Organized Crime Intelligence and Operations Center (IOC-2) and the Organized Crime Drug Enforcement Task Force (OCDETF) Fusion Center, the IPR Center, or Regional Information Sharing System (RISS) Safe. All Federal agencies with responsibility for discovering and/or investigating intellectual property crimes will contribute their case information to the database(s). This information sharing will assist Federal law enforcement in ensuring that appropriate resources are dedicated to investigations of the highest priority targets."

...

"Facilitating Cooperation to Reduce Intellectual Property Infringement Occurring Over the Internet"

"The U.S. Government supports the free flow of information and freedom of expression over the Internet. An open and accessible Internet is critical to our economy. At the same time, the Internet should not be used as a means to further criminal activity. The Administration encourages cooperative efforts within the business community to reduce Internet piracy. The Administration believes that it is essential for the private sector, including content owners, Internet service providers, advertising brokers, payment processors and search engines, to work collaboratively, consistent with the antitrust laws, to address activity that has a negative economic impact and undermines the U.S. businesses, and to seek practical and efficient solutions to address infringement. This should be achieved through carefully crafted and balanced agreements. Specifically, the Administration encourages actions by the private sector to effectively address repeated acts of infringement, while preserving the norms of legitimate competition, free speech, fair process and the privacy of users. While the Administration encourages cooperative efforts within the business community to reduce Internet piracy, the Administration will pursue additional solutions to the problems associated with Internet piracy, including vigorously investigating and prosecuting criminal activity, where warranted."

...

"DHS [Department of Homeland Security] conducts several joint operations to investigate and act against intellectual property violations."

...

"The FBI also established an Intelligence Fusion Group and the IPR Center. Together the partner agencies define the intellectual property rights threat picture, share tactical and strategic intelligence, establish IPR Center joint collection requirements, products joint intelligence products and develop the national strategy."

most of the literature dealt with fake pharmaceuticals, counterfeit networking equipment, and other stuff.

FYI

If I own a car, and somebody puts a sign on the back of my car which contains copyrighted material, am I at fault? Assuming that I didn't know that it was there?

What if someone put some copyrighted material on the Facebook site of some politician. Would that politician be guilty of copyright infringement?

Are we to believe that this Administration is really all that concerned about protecting intellectual property? Or, is it more likely just an attack on the free exchange of information over the Internet, and an attempt to gain control over the Internet.

When political forces attack a right using several unrelated schemes, it becomes obvious that their real intention is to eliminate that right.

For example: The Second Amendment has been under attack for decades. The firs reason was to "fight crime". Then it was to "protect the police by banning COP KILLER BULLETS". Then it was to prevent accidental deaths - going so far as to try to get firearms declared HAZADOUS MATERIALS. Now, it through the United Nations Treaty on Small Arms, and through declaring LEAD a hazardous substance.

You can be assured that our politicians couldn't care less about crime - other than to exploit it for political gain. Or accidents. Local police have been under attack for decades by Washington. The only police they like are the ones they control.

As to the United Nations, many of our politicians have allegiance to the UN, rather than our Constitution. Mr. Obama has just demonstrated this in his latest attack on the State of Arizona.

And these politicians care as little about the potential of lead induced health hazards as they do about securing our borders. While they undermine the Bill of Rights, supposedly to "fight terrorism", they refuse to prevent terrorist from walking across our border.

They killed Kennedy in broad daylight with his wife sitting beside him, and they successfully brought down the twin towers on Natinal TV, and no telling what all else we haven't even suspected.......there is no limit to what these folks can, and will do, and get away with.

"What's goin' on?" - Marvin Gaye