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Hello
Everyone
Welcome to america under the marscode advanced episode
Hi Luluhi
James
So so 're going to keep talking about lawsuits
Right Yes
More legal drama
Talking about legal drama
Because he said last time most of these lawsuits are just a bit ridiculous
Like they you can see anyone for anything
And a lot of them are just pointless
Yeah
We have a term
We just call these frivolous lawsuits are revolous
And yes
They are for a lot of times
Just for silly an necessary things and the attitude about them
A lot of americans
And that they are just a waste
Because they waste the resources of the courts
Because they still have to review all the cases
Whether they go to court or not
And they still have time lawers ers all all the stuff
And they every time people sue for small insignificance things is can kind not shopopoorly dramous
Here's the question
Then why would people do that
Why would people file travolous lawsuits mean
If they know they're not getting anywhere they have to spend money
I just don't see any the attention could be one thing
If you get attention on the media
Um raise your profile
Maybe it's just perhaps to prove that
I can do that
Yeah could be a whole power wer play um so like former president trumpee like just see you
You is one one of those things
Did
Did well the lot of of yyers went nowhere
Ah could be the whole team of lawyers
That he's disposal
But i'm taltalking about just regular folks
If you don't have the money
Don't have the resources that i would say
Say oh
I want to see you
Maybe it's for some people as like i know i'm right
And i have to prove i'm right
Um which maybe it's just heat of the argument
No
Then just
Just ah ah
Because be if just know the lawyers to back there's yeah ah go
Do i want to just count the lawymoney that i going to pay
But like you said it's perhaps
Don't really think that much about making a name
No
They're making money
Not making any nfluence of
Because a lot of well known lawyers to aavoid ferous sis
Because we can't win this
This we'll go
Nowhere i'm gonna get paid much yourself now exactly
But there is a unique type of fvervless lawsuit
That is a serious problem
Um which are what we call slap suits slaps like slapping someone was a pm kind of
But what it is think of a big company like like azzum suing a small person get them to shut up
Shut up about what the small person probably crititicing amazons business practices
So we have silencing your enemies
Also for example
If i am writing on my social media page
And saying like a amazon really socks booa and amazon will sue you for like something like defamation or things like this um
And while the lawsuit has no merit
You're still going to have to deal with probably getting a lawyer to do things
And so a lot of people will just give up and just safine i'll to lead the stuff s out
And amazon gets what they want about just rereening to susuyou
You to be quiet
Yeah
But here is the question
Though if i don't have the money and you sue me
I'm supposed to have a lawyer to defend myself
But i don't have the money for a lawyer
Yeah
But civil not like criminal so in the united states
Criminal law but guarantee to go defence
Yeah
Because they will provide one for me
But not in civil be
But what happens
If i just say i don't have the money
Yeah
You can force me to get a lawyer
I don't have the money to a lawyer
But actually that's one of your options like okay
That's good of court
Because
Because lot of the cases
These are travolous um
So these big companies susuing you
They can do that
But the problem with these big companies as they can hire investigators
They contect to the dirt
They can go through all your social media um they will drag your name to the mud um do all kinds of things
So it can be a lot of stress for people
And so they might just it's always most like basally they're threatenyou
They are it's exactly what you're doing this exactly illegal in some states
Where you can't just sue somebody for the purpose of getting them to shut up um
Because obviously you're taking the right away from people
You're taking a right away from people like they
They have right to speak ak h things
They see they haven't done anything wrong
And does that happen a lot slap lowsuit um so than it should
Um more than it should
Oit's always
We always wait is the big company picking on the little guy um they got money in power in the best lawyers
But so so even have been a little guy doking a big company
Sometimes you will get paid well actually a lot of times if you sue big company
You have even the slightest chance of winning um the big companies gna settle
Oh
So acyou even want to go a lot of the cheaper to settle to go out
Out of qute arbitication
And keep it out other news
Yeah
So that they don't want the bad publicity
Yeah
So like okay ah oay
They have some money for this so so best to paak off
Make them sign in non disclosure or agreement in nda um
And that shots you up as well but least you get paid
Yeah
But for some people that trying to actually show something so money is not the goal um
It was into these favlous lawsuits and slaabps
It's we actually have some pretty famous lowsuits in america
So we thought were famvoulous
But really aren't um so one of the most famous lowsuits in america is mcdonald's case
Were hot coffee was built on a customer
Oh
It was a lady wasn't that wolder older lady
And then she got paid
She did
But that wasn't a lot of people now think of it is a feroulous lawsuits
That's what mcdonald's has been trying to push
Because it was asn't forced to pay
But it wasn't famous frivolous
Because mcdonald's who had been routinely warbecause it was served coffee that was too hot
Hoder than what it should be so it has americit
It had real merit the woman
That the coffee got spilt on so one of the sevous damages to her lakes
I get imagine lawsuits um
But the companies tried to spin it as a service lawsuits
But it was a very legitimate one um
Because it was mcdonald's fault for not properly warning customers about the hot coffee
And it is something that is within their expectation
It's not really like got unexpected daening
Because they work serving really really hot coffee
Hoder than hoder than what would consider der mal al or self um i see it in the end
Remind me
How much did she get paid um the amount was in the millions
But she didn't make that much money
I don't think she only got a hundred
Hundred of coffee hoder and more it want for little gal bills so amoay for the lawyers and stuff
So i guess that this is it why are
There are so many lawsuit
Because lawyers get paid
Yes
So if you're a lawyer
You win a lawsuit usually get paid percentage of the damages um like a commission
Yeah
And it can be a big junk of money um and if you win win a wsuit
Your damages fun fact are not income
So if you win ten million dollars and damages from a company
You do not pay income tax on it
Good good good to know
And any other lawsuits worth mentioning one final lawsuit is a good to mean
Example of law changing um so many years ago
There was a case in about a criminal who is arrested interturin jail
And was kind of rail wadted
Because he didn't know what his rights were this person in maranda to the state of what your zona
So it's not the person who's in jail
It's someone else who sued
That's that the person in jail
He was a criminal
He was in jail
And said the government for this so marranda is the family named
Yes
Ah okay
So in all the way up to the supreme court
The highest court and the supreme court started with marghea
That's sing
Yes
The police do need to tell you what your rights are
It's you're arrested
That's why the marandanda warning
That's the maranda warning
So that's why if you get arrested
The police officers will gread your
Your maranda warning interesses you have the right remain silent
Anything you can
So when you say can in will be used
You against the cord law
You are right to in attorney
If you can't afford one
One will be provided for you
We talked about that
When we were talking about the police
Yes Oh
They will even because just like are we talked about an that apup so that don't have randlowarning to multiple languages
Because they have to tell them
And this is why
Otherwise it will create a loophohole
Then later on can be exploited by the person who in defences i ked up
I was a mandii
So you can't is what i say
Wow
That is definitely law changing
So this one person who basically won the case
And then changed the law now turned his name into a legal terteryeah
Ah 're more more so ons s okay
Actually if you watch enough courtroom drama
Crime drama
You will hear some of the famous casses
They're usually
Who of the versus oyeah
Person versus
Person ons
Person versus
Person company versus
Yeah
And so one and so and so one
Yeah
Any of these famous cases
You've heard about leave ve a common in the common section
What do you think about revolous lawsuits also leave us common
This is leave a more difficult topic
Because it contains a lot of terminology
Yeah
Yeah
So if you find a difficult
You can go to check out our 公众号llow the 英文小酒馆
And you can see the full script there
Kay
Thank you
James again for coming to the studio or see you next time
Bye bye
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