What would happen if someone tried to literally sue over an Atlasia dispute?
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  What would happen if someone tried to literally sue over an Atlasia dispute?
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Author Topic: What would happen if someone tried to literally sue over an Atlasia dispute?  (Read 298 times)
they don't love you like i love you
BRTD
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« on: April 15, 2021, 05:10:12 PM »

Silly scenario that just popped into my head.

Let's imagine an Atlasian election results in someone who is as much of a sore loser as Trump, and they attempt all legal venues in Atlasia to overturn the election. They fail...so they sue in real court. Let's also assume for simplicity they are an American citizen as is the person who "stole" the election, perhaps even have them be residents of the same state for simplicity, and both adults 18 or older.

Now it goes without saying this would be a frivolous lawsuit that would go nowhere, but what would be the path of the courts in declaring it so? Like what Latin terms would be used to describe it to dismiss the case? And what if the person suing tried to appeal every such case like Trump did over the real election?
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Donerail
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« Reply #1 on: April 15, 2021, 06:23:45 PM »

Assuming it's in federal court? Probably a 12(b)(6) motion to dismiss for failure to state a claim — essentially the defendant would say "your honor, even if everything my opponent claims is true, there's no valid legal claim here." Not a lot of Latin terms involved. (If it's in California state court — because, f/x, they're both residents of California — it's called a "demurrer," which is antiquated, though not Latin. I think a few other states still have demurrers.) It might also get tossed out under Rule 12(b)(1) for lack of subject-matter jurisdiction. Whatever attorney they suckered into bringing it could also be subject to sanctions, which would go up significantly if you followed it with a frivolous appeal.
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they don't love you like i love you
BRTD
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« Reply #2 on: April 15, 2021, 06:53:11 PM »

Assuming it's in federal court? Probably a 12(b)(6) motion to dismiss for failure to state a claim — essentially the defendant would say "your honor, even if everything my opponent claims is true, there's no valid legal claim here." Not a lot of Latin terms involved. (If it's in California state court — because, f/x, they're both residents of California — it's called a "demurrer," which is antiquated, though not Latin. I think a few other states still have demurrers.) It might also get tossed out under Rule 12(b)(1) for lack of subject-matter jurisdiction. Whatever attorney they suckered into bringing it could also be subject to sanctions, which would go up significantly if you followed it with a frivolous appeal.
What if whoever filed it tried to argue that losing the Atlasia election caused them emotional distress or something and thus sued for damages?

Also did any attorneys get sanctioned in the past for filing say, Birther lawsuits or those joke lawsuits against God?
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Donerail
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« Reply #3 on: April 15, 2021, 07:06:38 PM »

Assuming it's in federal court? Probably a 12(b)(6) motion to dismiss for failure to state a claim — essentially the defendant would say "your honor, even if everything my opponent claims is true, there's no valid legal claim here." Not a lot of Latin terms involved. (If it's in California state court — because, f/x, they're both residents of California — it's called a "demurrer," which is antiquated, though not Latin. I think a few other states still have demurrers.) It might also get tossed out under Rule 12(b)(1) for lack of subject-matter jurisdiction. Whatever attorney they suckered into bringing it could also be subject to sanctions, which would go up significantly if you followed it with a frivolous appeal.
What if whoever filed it tried to argue that losing the Atlasia election caused them emotional distress or something and thus sued for damages?
You can't get into court just by claiming something caused emotional distress, you have to show that the facts of the incident you're suing over "plausibly gives rise to an entitlement to relief." It is fairly implausible to say that an online dispute over a fake election involves the kind of "outrageous and intolerable conduct," for instance, that's necessary to succeed on a claim for intentional inflection of emotional distress.

Also did any attorneys get sanctioned in the past for filing say, Birther lawsuits or those joke lawsuits against God?
I believe Orly Taitz got sanctioned in connection to the birther stuff.
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