Frivolous


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Frivolous

Of minimal importance; legally worthless.

A frivolous suit is one without any legal merit. In some cases, such an action might be brought in bad faith for the purpose of harrassing the defendant. In such a case, the individual bringing the frivolous suit might be liable for damages for Malicious Prosecution.

A frivolous appeal is one that is completely lacking merit, since no review able question has been raised therein.

frivolous

adj. referring to a legal move in a lawsuit clearly intended merely to harass, delay, or embarrass the opposition. Frivolous acts can include filing the lawsuit itself, a baseless motion for a legal ruling, an answer of a defendant to a complaint which does not deny, contest, prove, or controvert anything, or an appeal which contains not a single arguable basis (by any stretch of the imagination) for the appeal. A frivolous lawsuit, motion or appeal can result in a successful claim by the other party for payment by the frivolous suer of their attorneys fees for defending the case. Judges are reluctant to find an action frivolous, based on the desire not to discourage people from using the courts to resolve disputes.

References in periodicals archive ?
It is sad to note that the majority of filers of PIL can be easily categorised as frivolous petitioners.
Pressuring entities that are regulated by the FCC to file frivolous litigation in order to game the system, and potentially threatening companies if they fail to comply, would be an unacceptable abuse of power and raise serious ethical concerns.
'If a complaint is inquired into and investigated by NAB and it is concluded that the complaint received was prima facie frivolous or has been filed with the intent or malign and defame any person, the Chairman NAB, may refer the matter to the court and if the complainant is found guilty he shall be punishable with imprisonment for a term which may extend to one year, or with fine or with both'
'With the filing of his COC, Francis Tolentino must now altogether withdraw his clearly frivolous and baseless protest.
Such frivolous litigation should be curbed with a strong hand if the judiciary is to maintain its image in the eye of the common man.
New Delhi [India], Oct 4 ( ANI ): Filmmaker Vivek Agnihotri, who has been accused by Tanushree Dutta of harassment, has called the allegations "false, frivolous and vexatious."
The CJP did not mince his words 'a major contributing factor to the backlog is frivolous litigation.' Whilst every citizen has the right to recourse to law it is possible to have too much of a good thing.
Also, Complaint Verification (CV) is a mechanism provided by NABs methodology to ward off malicious and frivolous complaints by way of preliminary scrutiny so that prior to the inquiry it is ascertained that it would cause no undue harm to the alleged persons," also read the statement.
The proposal would amend Bar Rule 3-4.3, which addresses misconduct or minor misconduct, by adding a section on frivolous actions.
IHC's Justice Athar Minallah stated that petitioner Shahid Orakzai's petition had been found frivolous.
Babu through his lawyer Jackson Awele told justice Joseph Sergon on Monday that the application by his rival Francis Mureithi was "frivolous".
But to find jurisdiction where a taking does not violate international law (e.g., where there is a non frivolous but ultimately incorrect argument that the taking violates international law) is inconsistent with those objectives.