Featuring Winston Shrout
There are several forms of the Latin term habeas corpus. In this DVD we are going to make its meaning simple and understandable. Habeas corpus was a privilege guaranteed by the Magna Carta of 1215 AD. It is an extremely important legal instrument that safeguards individual freedom against arbitrary state action.
In today’s world, we can appropriately use habeas in a number of situations. For a long time I have advocated that habeas should precede any suit, because its primary use is to determine whether or not there is even subject matter to discuss. Keep in mind that many attorneys tend to “rush to court” without any established facts. Since that is often the case, it is our responsibility to slow the process down so that we can ask some crucial questions.
First of all, let’s see if there are any material facts upon which the suit is based. Since we are going into Admiralty law, let’s determine if there is in fact any valid, certified claim to talk about. Let’s do a habeas corpus so that you, Mr. Attorney, can produce a certified claim. Oops, you don’t have one? “Your honor, we have a Rule 12b6 problem here … failure to state a claim upon which relief can be granted.” In other words, there is no subject matter jurisdiction here, because … there isn’t any subject matter. Habeas corpus is a powerful tool that we explore in this DVD.
This DVD is an important Single Topic that is based on information discussed at the recent Los Angeles Event.