What is a Letter of Demand? Legal Definition Series
Welcome to the Legal Definitions Series, a set of short videos designed to explain the meanings of legal words, principles and laws very simply, and give law students or lay people a feel for the mechanisms and thinking behind them!
Letters of Demand are something any paralegal working in a litigation firm is probably going to become very familiar with.
These documents are formal warnings, inviting the other party to resolve the matter before the dispute becomes a court case. They are pretty straight forward, just outlining what needs to be done and by when.
The reason for this is actually because Letters of demand aren’t usually expected to really change anything; lawyers will write an ‘angry letter’ which has a specific contextual meaning, if they want to nudge a person towards doing something. That and others measures will often have already been attempted, and achieved nothing, before the solicitors actually fire off a letter of demand. By the time one of them does get sent, the parties probably already expect they will need to sue the person and these are just treated as a compulsory step before the lawsuit.
Disclaimer: Nothing in this video constitutes legal advice, they are intended to give watchers enough information to carry on a casual conversation about law without needing to stop and ask what different terms mean, NOT as a springboard for legal arguments.
If are reading this to help understand legal advice you have been given, always ask the lawyer themselves for clarification if you didn't know the meaning of a word of concept they have mentioned because they may be using a different meaning or plan to apply the concept in a way that I have not covered.
All of the concepts described are broad and I intentionally do not give enough information to determine whether any of the ideas discussed will be explicable in any scenario, hypothetical or literal.
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What is a Statement of Claim? Legal Definitions Series
Welcome to the Legal Definitions Series, a set of short videos designed to explain the meanings of legal words, principles and laws simply, and give law students or non-lawyers a feel for how the mechanisms work and the thinking behind them!
Statements of Claim are Documents that are used to initiate litigation.
If you've ever wondered how things go from a dispute between two people or companies, to lawyers launching into epic speeches about justice and society at a podium while valiant music plays and flags ripple in the background, this is one of the ways how!
Okay.. Okay..
Maybe my romanticised vision of a courtroom doesn't appeal to people who have been through the bitter and often disappointing reality of court battles, but the important part of this is statements of claim are often how they are started.
Lawsuits can also be started with summons and government bodies like the police have their own mechanisms for commencing court action, but Statements of Claim are probably the most common way private citizens can ask for the court's assistance.
Disclaimer: Nothing in this video constitutes legal advice, they are intended to give watchers enough information to carry on a casual conversation about law without needing to stop and ask what different terms mean, NOT as a springboard for legal arguments.
If are reading this to help understand legal advice you have been given, always ask the lawyer themselves for clarification if you didn't know the meaning of a word of concept they have mentioned because they may be using a different meaning or plan to apply the concept in a way that I have not covered.
All of the concepts described are broad and I intentionally do not give enough information to determine whether any of the ideas discussed will be explicable in any scenario, hypothetical or literal.
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What does Originating Process mean? Legal Definitions Series
Welcome to the Legal Definitions Series, a set of short videos designed to explain the meanings of legal words, principles and laws simply, and give law students or lay people a feel for the mechanisms and thinking behind them!
Originating processes are the bread and butter of every litigation firm, and the fear of every property owner with angry neighbours.
Statements of Claim, Writs and Summons are examples of originating processes and depending on the jurisdiction, context and even background of the user of the word, they can refer to anything which adduces requests a remedy in litigation, or just the document which placed the first issue between two parties before a court.
Disclaimer: Nothing in this video constitutes legal advice, they are intended to give watchers enough information to carry on a casual conversation about law without needing to stop and ask what different terms mean, NOT as a springboard for legal arguments. If are reading this to help understand legal advice you have been given, always ask the lawyer themselves for clarification if you didn't know the meaning of a word of concept they have mentioned because they may be using a different meaning or plan to apply the concept in a way that I have not covered. All of the concepts described are broad and I intentionally do not give enough information to determine whether any of the ideas discussed will be explicable in any scenario, hypothetical or literal.
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What is a Flaming Letter? Legal Definitions Series
Welcome to the Legal Definitions Series, a set of short videos designed to explain the meanings of legal words, principles and laws simply, and give law students or non-lawyers a feel for how the mechanisms work and the thinking behind them!
Ahh the good old flaming letter..
A potent, although fairly underhanded tool that most lawyers outright refuse to use (despite what folks think, most lawyers are actually extremely honourable, and will outright reject unethical requests and even the clients who make them).
The term 'Flaming Letter' is slang, and depending on the lawyer's background and the firm and legal culture they come from can actually encompass a wide variety of meanings, from just an angry or 'strongly worded letter' ('strongly worded' has a specific meaning in the legal field, and I'll be covering that another video) to the double sided trap I discuss above.
Disclaimer: Nothing in this video constitutes legal advice, they are intended to give watchers enough information to carry on a casual conversation about law without needing to stop and ask what different terms mean, NOT as a springboard for legal arguments.
If are reading this to help understand legal advice you have been given, always ask the lawyer themselves for clarification if you didn't know the meaning of a word of concept they have mentioned because they may be using a different meaning or plan to apply the concept in a way that I have not covered.
All of the concepts described are broad and I intentionally do not give enough information to determine whether any of the ideas discussed will be explicable in any scenario, hypothetical or literal.
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