The examples and perspective in this article deal primarily with the United States and do not represent a worldwide view of the subject. You may improve this article, discuss the issue on the talk page, or create a new article, as appropriate.(December 2015) (Learn how and when to remove this template message)
Part of the common law series
Tort law
(Outline)
Trespass to the person
Assault
Battery
False imprisonment
Intentional infliction of emotional distress
Property torts
Trespass
land
chattels
Conversion
Dignitary torts
Appropriation
Defamation
Slander
Libel
False light
Invasion of privacy
Intrusion on seclusion
Breach of confidence
Abuse of process
Malicious prosecution
Sexual torts
Alienation of affections
Criminal conversation
Seduction
Breach of promise
Negligent torts
Negligent infliction of emotional distress
Employment-related
Entrustment
Malpractice
legal
medical
Principles of negligence
Duty of care
Trespassers
Licensees
Invitees
Standard of care
Reasonable person
Proximate cause
Res ipsa loquitur
Restitutio ad integrum
Rescue doctrine
Duty to rescue
Comparative responsibility
Contributory negligence
Attractive nuisance
Strict and absolute liability
Product liability
Ultrahazardous activity
Deep pockets
Nuisance
Public nuisance
Rylands v Fletcher
Economic torts
Conspiracy
Restraint of trade
Insurance bad faith (American law)
Fraud
Tortious interference
Defences
Assumption of risk
Consent
Necessity
Statute of limitations
Self-defense
Defense of others
Defence of property
Shopkeeper's privilege
Neutral reportage
Liability
Intentional torts
Last clear chance
Eggshell skull
Vicarious liability
Respondeat superior
Volenti non fit injuria
Ex turpi causa non oritur actio
Joint and several liability
Market share liability
Transferred intent
Remedies
Damages
Punitive
Special
Incidental
Injunction
Tracing
Detinue
Replevin
Trover
Other topics in tort law
Tort reform
Non-economic damages caps
Quasi-tort
Delict (term used for torts in some civil and mixed legal systems)
Conflict of tort laws
Private attorney general
Class action
By jurisdiction
Australia
Canada
China
England and Wales
European Union
India
Japan
Taiwan
United States
Other common law areas
Contracts
Criminal law
Evidence
Property
Wills, trusts, and estates
Law portal
v
t
e
Frivolous litigation is the use of legal processes with apparent disregard for the merit of one's own arguments. It includes presenting an argument with reason to know that it would certainly fail, or acting without a basic level of diligence in researching the relevant law and facts. That an argument was lost does not imply the argument was frivolous; a party may present an argument with a low chance of success, so long as it proceeds from applicable law.
Frivolous litigation may be based on absurd legal theories, may involve a superabundance or repetition of motions or additional suits, may be uncivil or harassing to the court, or may claim extreme remedies. A claim or defense may be frivolous because it had no underlying justification in fact, or because it was not presented with an argument for a reasonable extension or reinterpretation of the law. A claim may be deemed frivolous because existing laws unequivocally prohibit such a claim, such as a so-called Good Samaritan law.
In the United States, Rule 11 of the Federal Rules of Civil Procedure and similar state rules require that an attorney perform a due diligence investigation concerning the factual basis for any claim or defense. Jurisdictions differ on whether a claim or defense can be frivolous if the attorney acted in good faith. Because such a defense or claim wastes the court's and the other parties' time, resources and legal fees, sanctions may be imposed by a court upon the party or the lawyer who presents the frivolous defense or claim. The law firm may also be sanctioned, or even held in contempt.
and 27 Related for: Frivolous litigation information
Frivolouslitigation is the use of legal processes with apparent disregard for the merit of one's own arguments. It includes presenting an argument with...
Vexatious litigation is legal action which is brought solely to harass or subdue an adversary. It may take the form of a primary frivolous lawsuit or may...
sufficiently frivolous to merit the imposition of sanctions—in this case twice the costs spent by the government in defending the litigation—for even bringing...
defence is frivolous or vexatious. Frivolouslitigation Vexatious litigation Isaac Wunder order Ombudsman Services factsheet on frivolous and vexatious...
simple exhaustion and abandons the criticism. In some cases, repeated frivolouslitigation against a defendant may raise the cost of directors and officers...
maintenance are doctrines in common law jurisdictions that aim to preclude frivolouslitigation: Maintenance is the intermeddling of a disinterested party to encourage...
flourished in India is public interest litigation (PIL) or social action litigation (SAL). It refers to litigation undertaken to secure public interest...
improbable interpretations of such ambiguities are dismissed as being frivolouslitigation and without merit.[citation needed] The term parse forest refers...
the prior art, often through hardball legal tactics (frivolouslitigation, vexatious litigation, strategic lawsuits against public participation (SLAPP)...
common law. It may be used by people who engage in vexatious or frivolouslitigation. The more extreme examples of pseudolegal tactics have been classified...
selection of his lawsuits as well as an autobiography. Vexatious litigationFrivolouslitigation South Carolina inmate hits Michael Vick with '$63,000,000,000...
include two sets of documents; threat of Frivolouslitigation, and a Legal release document. The frivolouslitigation threat can include claims of unpaid royalties...
Franchise fraud Frivolouslitigation In terrorem Malicious prosecution Strategic lawsuit against public participation Vexatious litigation "Cease and Desist...
provision of surety at the beginning of legal action to minimize frivolouslitigation. Compurgation was found in early Germanic law, in early French law...
weakening of product liability laws to prevent what the bill considered frivolouslitigation (H.R.956, passed 265–161, March 10, 1995; passed Senate 61–37, May...
a legal wager at the preliminary hearing, probably to discourage frivolouslitigation. In some cases, if the party lost, the wager went to the other party...
libel. Politics also can include barratry where one opponent files frivolouslitigation against the other, specifically to injure the opponent's reputation...
existing sanctions. To prevent their courts from being burdened by frivolouslitigation, some U.S. states have heightened penalties inflicted upon people...
needed] A variation on the term refers to the special subtype of frivolouslitigation where plaintiffs target wealthy or corporate defendants for little...
securities class actions, damage caps, and mandatory sanctions for frivolouslitigation. The consequence was that many securities fraud plaintiffs sought...
the asbestos-claims process and to cut down on what they see as frivolouslitigation in general. Mr. Trump's political opponents have cited his pattern...
That set a very low barrier to initiate litigation, which encouraged the filing of weak or entirely-frivolous suits. Defending against the suits could...
little to rectify inconsistent state laws and hence might increase frivolouslitigation and/or punitive damages as a result of ambiguous record-keeping and...
to pay the defendant's legal fees for what the judge considered "frivolouslitigation", and in another, Judge Denise Cote determined that Liebowitz was...
called litigation. The plaintiffs and defendants are called litigants and the attorneys representing them are called litigators. The term litigation may...
it as a decisive factor in case adjudication, except as regards frivolouslitigation. The courts have shown interest in any clues they can find in the...
rights Barratry Frivolouslitigation Gaming the system Paper terrorism Pseudolaw Sewer service SLAPP Spamigation Vexatious litigation "What is abuse of...
Global Information
