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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.
In law, frivolous or vexatious is a term used to challenge a complaint or a legal proceeding being heard as lacking in merit, or to deny, dismiss or strike out any ensuing judicial or non-judicial processes. The term is used in several jurisdictions, such as England & Wales, Ireland and New Zealand.
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 be the repetitive, burdensome, and unwarranted filing of meritless motions in a matter which is otherwise a meritorious cause of action .
Champerty and maintenance are doctrines in common law jurisdictions that aim to preclude frivolous litigation: Maintenance is the intermeddling of a disinterested party to encourage a lawsuit . [ 1 ] : 260 It is: "A taking in hand, a bearing up or upholding of quarrels or sides, to the disturbance of the common right."
The acronym was coined in the 1980s by University of Denver professors Penelope Canan and George W. Pring. [13] The term was originally defined as "a lawsuit involving communications made to influence a governmental action or outcome, which resulted in a civil complaint or counterclaim filed against nongovernment individuals or organizations on a substantive issue of some public interest or ...
Such changes are generally justified under the grounds that litigation is an inefficient means to compensate plaintiffs; [1] that tort law permits frivolous or otherwise undesirable litigation to crowd the court system; or that the fear of litigation can serve to curtail innovation, raise the cost of consumer goods or insurance premiums for ...
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It may be used by people who engage in vexatious or frivolous litigation. The more extreme examples of pseudolegal tactics have been classified as paper terrorism – sheer harassment rather than a genuine attempt to argue one's legal position. [8] [9] Pseudolitigation may also waste considerable judicial time. [10] [11]