"Hatred is a failure of imagination" - Graham Greene, "The Power and the Glory"
TRUMP WILL TAKE FORTY STATES...UNLESS THE SAME IDIOTS WHO BROUGHT US THE 2020 DUNCE-O-CRAT IOWA CLUSTERFUCK CONTINUE THEIR SEDITIOUS ACTIVITIES...THEN HE WILL WIN EVEN MORE ..UNLESS THE RED CHINESE AND DNC COLLUDE, USE A PANDEMIC, AND THEN THE DEMOCRATS VIOLATE ARTICLE II OF THE CONSTITUTION, TO FACILLITATE MILLIONS OF ILLEGAL, UNVETTED, MAIL IN BALLOTS IN THE DARK OF NIGHT..
De Oppresso Liber
"The atmosphere is among the factors that determines the Earth's atmosphere." --ZenMode
"Donald has failed in almost every endeavor he has attempted. " --floridafan
"Abortion is not a moral issue. " --BidenPresident
"Propaganda can also be factual." --Flash
"Even after being vaccinated, you shed virus particles." --Jerome
"no slavery is forcing another into labor" -archives
"Evs are much safer from fires" -- Nordberg
"Abortion has killed no one." -- LurchAddams
The suits are crap and the judges know it.
Definition of Motion to Dismiss
Noun
- A motion filed by either party in a lawsuit asking the court to throw out part of the case, or the case in its entirety.
Reasons for Filing a Motion to Dismiss
A Motion to Dismiss is often filed with the court at the earliest stages of the lawsuit, typically before either party has conducted their discovery. This is done when the defendant believes a claim in the lawsuit is legally invalid, or there are legitimate grounds for throwing the case out of court. When a Motion to Dismiss is filed, information supporting the grounds for dismissal must be included in the motion. There are different reasons for filing a Motion to Dismiss, many of which revolve around the following legal deficiencies:
Lack of Subject Matter Jurisdiction
The court in which the lawsuit was filed does not have jurisdiction, or the authority, to rule on the matter at hand. For example, a suit requesting enforcement of a child support order cannot be heard in small claims court.
Lack of Personal Jurisdiction
The court does not have the authority to rule on matters that affect one or all of the parties. For example, if Bob is in a car accident in Florida, and the other party involved in the accident files a lawsuit in California, the court would not be able to hear the case.
Improper Venue
The court, or “venue,” in which the matter has been fined is the wrong court to hear the case. For example, Amanda’s accountant, Charlie, siphoned money out of her account for his personal use. Charlie is charged with the crime of embezzlement in criminal court. Amanda wants to sue Charlie for her financial losses, but the criminal court cannot hear that part of the case, as it is not the proper venue. Amanda must file a lawsuit in civil court for damages related to the crime.
Failure to State a Claim for Which Relief Can be Granted
If the plaintiff fails to provide sufficient facts to, if taken on face value as being true, indicate that the defendant violated a law, or caused harm or loss due to negligence, he has failed to state a claim for which relief can be granted. In other words, if the complaint does not clearly say what the defendant did wrong, the court cannot grant any form of relief, and so the case does not need to be heard. For example, there is a company policy that employees greet one another in a friendly manner at work. Joe files a lawsuit claiming that Bob failed to say hello in passing. Bob can file a Motion to Dismiss, as failing to greet another person is not illegal, therefore there is no claim for which relief can be granted.
https://legaldictionary.net/motion-to-dismiss/
“What greater gift than the love of a cat.”
― Charles Dickens
katzgar (06-16-2021)
katzgar (06-16-2021)
DEMOCRATS like to claim that "Trump lost all the legal cases".
Let’s take a look.
The majority of the lawsuits were about constitutional issues, mail in ballot deadlines, insufficient poll observers, etc.
The most important of the fraud lawsuits was Texas v Pennsylvania.
That wasn't lost - it was rejected due to a lack of standing.
Pirkle v. Wolf was withdrawn.
Metcalfe v. Wolf wasn't heard because of a technicality. Supposedly the deadline to file a Class ll lawsuit had passed.
In Michigan, Bally v. Whitmer was withdrawn after the judge denied a request for an independent audit.
King vs. Whitmer was denied a hearing because it was "too late" with the comment that the “ship has sailed.”
Feehan v. Wisconsin was denied a hearing due to a lack of standing.
Trump v. Hobbs was dropped because Arizona finished counting their votes before the case could be heard.
Bowyer v. Ducey was rejected due to a lack of standing.
Burk v. Ducey was dismissed due to “lack of standing and the failure to file a timely verified election contest.”
Pearson v. Kemp was dismissed as moot because the court lacked jurisdiction.
Wood v. Raffensberger was denied for a lack of standing and because it was filed too late.
None of these cases were rejected on merit or evidential grounds.
These cases were rejected or withdrawn for procedural reasons, time constraints, etc. Not one was "lost".
Every state had to certify their results by December 8th.
On December 14th the Electoral College had to vote.
On January 5th Congress had to certify the results.
Of all this would have been fine, except that the DEMOCRATS extra-legally extended balloting way past the statutory limits in key states - by design.
That left very short timeframes to gather evidence, file suits, and then argue it before (mainly hostile) courts. Multiple state elections had to be challenged to overturn the results.
SCOTUS refused to get involved.
So here we are, and now that the dust has settled, DEMOCRATS refuse to allow a second look.
And that's why someone claiming to get a complete or even an adequate picture of the news about Trump or of the current news of the world by asserting that they watch msm AND FOX news is likely under-nourished informationally and unaware of what they are missing.
Therefore, they are in no position to tell us anything but their own description of what the elephant looks like from their limited perspective.
The parable of the blind men and an elephant originated in the ancient Indian subcontinent, from where it has been widely diffused. It is a story of a group of blind men who have never come across an elephant before and who learn and conceptualize what the elephant is like by touching it. Each blind man feels a different part of the elephant's body, but only one part, such as the side or the tusk.
The Left will cause Government of the people, by the people, for the people, to perish from the Earth.
Trump is mankind's last hope to preserve Liberty.
MAGA
artichoke (06-15-2021)
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