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Barratry (common Law)
Barratry ( ) is a legal term that, at common law, described a criminal offense committed by people who are overly officious in instigating or encouraging prosecution of groundless litigation, or who bring repeated or persistent acts of litigation for the purposes of profit or harassment. Although it remains a crime in some jurisdictions, barratry has frequently been abolished as being anachronistic and obsolete. If barratrous litigation is deemed to be for the purpose of silencing critics, it is known as a strategic lawsuit against public participation (SLAPP). Jurisdictions that otherwise have no barratry laws may have SLAPP laws. Barratry by country Australia In Australia, the term barratry is predominantly used in the first sense of a frivolous or harassing litigant. The concept has fallen into disuse in Australia. New South Wales The offence of being a common barrator was abolished in New South Wales by Section 4A of the Maintenance, Champerty and Barratry Abolition ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Common Law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresence in the sky, but the articulate voice of some sovereign or quasi sovereign that can be identified," ''Southern Pacific Company v. Jensen'', 244 U.S. 205, 222 (1917) (Oliver Wendell Holmes, dissenting). By the early 20th century, legal professionals had come to reject any idea of a higher or natural law, or a law above the law. The law arises through the act of a sovereign, whether that sovereign speaks through a legislature, executive, or judicial officer. The defining characteristic of common law is that it arises as precedent. Common law courts look to the past decisions of courts to synthesize the legal principles of past cases. '' Stare decisis'', the principle that cases should be decided according to consistent principled rules ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Virginia
Virginia, officially the Commonwealth of Virginia, is a state in the Mid-Atlantic and Southeastern regions of the United States, between the Atlantic Coast and the Appalachian Mountains. The geography and climate of the Commonwealth are shaped by the Blue Ridge Mountains and the Chesapeake Bay, which provide habitat for much of its flora and fauna. The capital of the Commonwealth is Richmond; Virginia Beach is the most-populous city, and Fairfax County is the most-populous political subdivision. The Commonwealth's population was over 8.65million, with 36% of them living in the Baltimore–Washington metropolitan area. The area's history begins with several indigenous groups, including the Powhatan. In 1607, the London Company established the Colony of Virginia as the first permanent English colony in the New World. Virginia's state nickname, the Old Dominion, is a reference to this status. Slave labor and land acquired from displaced native tribes fueled the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Frivolous Or Vexatious
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 Ireland and New Zealand. While the term is referenced in laws and regulations, it is often not defined by statute, being developed instead by decisions of the courts. General meaning "Frivolous" and "vexatious" generally mean different things, however both are typically grouped together as they relate to the same basic concept of a claim or complaint (or a series of many) not being brought in good faith: * A ''"frivolous"'' claim or complaint is one that has no serious purpose or value. Often a frivolous claim is one about a matter that is so trivial, meritless on its face, or without substance that investigation would be disproportionate in terms of time and cost. The implication is that the claim has not been brought in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Forum Shopping
Forum shopping is a colloquial term for the practice of litigants having their legal case heard in the court thought most likely to provide a favorable judgment. Some jurisdictions have, for example, become known as "plaintiff-friendly" and so have attracted litigation even when there is little or no connection between the legal issues and the jurisdiction in which they are to be litigated. Examples include the attraction of foreign litigants to the United States due to its expansive acceptance of personal jurisdiction and favorable litigation climate, and the United Kingdom for its stricter defamation laws and generous divorce settlements. The term has become adopted in a wider context for the activity of repeatedly seeking a venue or willing listener for a concern, complaint or action, until one is found. Related notions When a case is filed before a court, the court decides whether it has personal and subject matter jurisdiction, and if so, whether it is the most app ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Collegatary
In civil law, a collegatary is a person to whom is left a legacy, as imparted by a will, in common with one or more other individuals; so called as being a joint legatary, or co-legatee. See also * Barratry *Condonation *Allonge An allonge (from French ''allonger'', "to draw out") is a slip of paper affixed to a negotiable instrument, as a bill of exchange, for the purpose of receiving additional endorsements for which there may not be sufficient space on the bill itself ... References * *"Collegatary". ''Oxford English Dictionary''. Oxford University Press. 2nd ed. 1989. {{law-stub Civil law (common law) ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Champerty
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. It is: "A taking in hand, a bearing up or upholding of quarrels or sides, to the disturbance of the common right." *Champerty (from Old French ''champart'') is the financial support, by a party not naturally concerned in the suit, of a plaintiff that allows them to prosecute a lawsuit on condition that, if it be brought to a successful issue, the plaintiff will repay them with a share of the proceed from the suit. In ''Giles v Thompson'' Lord Justice Steyn declared: "In modern idiom maintenance is the support of litigation by a stranger without just cause. Champerty is an aggravated form of maintenance. The distinguishing feature of champerty is the support of litigation by a stranger in return for a share of the proceeds." At common law, maintenance and champerty were both crimes and t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bleak House
''Bleak House'' is a novel by Charles Dickens, first published as a 20-episode serial between March 1852 and September 1853. The novel has many characters and several sub-plots, and is told partly by the novel's heroine, Esther Summerson, and partly by an omniscient narrator. At the centre of ''Bleak House'' is a long-running legal case in the Court of Chancery, '' Jarndyce and Jarndyce'', which comes about because a testator has written several conflicting wills. In a preface to the 1853 first edition, Dickens claimed there were many actual precedents for his fictional case. One such was probably the '' Thellusson v Woodford'' case in which a will read in 1797 was contested and not determined until 1859. Though many in the legal profession criticised Dickens's satire as exaggerated, this novel helped support a judicial reform movement which culminated in the enactment of legal reform in the 1870s. There is some debate among scholars as to when ''Bleak House'' is set. The ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ambulance Chasing
Ambulance chasing, also known as capping, is a term which refers to a lawyer soliciting for clients at a disaster site. The term "ambulance chasing" comes from the stereotype of lawyers who follow ambulances to the emergency room to find clients. "Ambulance chaser" is used as a derogatory term for a personal injury lawyer. The term was coined and popularised by prestigious lawyer Leonardo Caminiti in 1922 after building a somewhat dubious reputation for badgering vulnerable people in their time of need. History In 1881, Edward Watkin of the South Eastern Railway (England) complained about attorneys who solicited business from passengers after accidents: "Now, there is a very admirable body called the ' Law Association'", Watkin added. "Why does not the Law Association take hold of cases of that kind?" Description Ambulance chasing is prohibited in the United States by state rules that follow Rule 7.3 of the American Bar Association Model Rules of Professional Conduct. Some ba ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Abuse Of Process
An abuse of process is the unjustified or unreasonable use of legal proceedings or process to further a cause of action by an applicant or plaintiff in an action. It is a claim made by the respondent or defendant that the other party is misusing or perverting regularly issued court process (civil or criminal) not justified by the underlying legal action. In common law it is classified as a tort distinct from the intentional tort of malicious prosecution. It is a tort that involves misuse of the public right of access to the courts. In the United States it may be described as a legal process being commenced to gain an unfair litigation advantage. The elements of a valid cause of action for abuse of process in most common law jurisdictions are as follows: (1) the existence of an ulterior purpose or motive underlying the use of process, and (2) some act in the use of the legal process not proper in the regular prosecution of the proceedings. Abuse of process can be distinguished fro ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
NAACP V
The National Association for the Advancement of Colored People (NAACP) is a civil rights organization in the United States, formed in 1909 as an interracial endeavor to advance justice for African Americans by a group including W. E. B. Du Bois, Mary White Ovington, Moorfield Storey and Ida B. Wells. Leaders of the organization included Thurgood Marshall and Roy Wilkins. Its mission in the 21st century is "to ensure the political, educational, social, and economic equality of rights of all persons and to eliminate race-based discrimination". National NAACP initiatives include political lobbying, publicity efforts and litigation strategies developed by its legal team. The group enlarged its mission in the late 20th century by considering issues such as police misconduct, the status of black foreign refugees and questions of economic development. Its name, retained in accordance with tradition, uses the once common term ''colored people,'' referring to those wi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Champerty And Maintenance
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. It is: "A taking in hand, a bearing up or upholding of quarrels or sides, to the disturbance of the common right." *Champerty (from Old French ''champart'') is the financial support, by a party not naturally concerned in the suit, of a plaintiff that allows them to prosecute a lawsuit on condition that, if it be brought to a successful issue, the plaintiff will repay them with a share of the proceed from the suit. In ''Giles v Thompson'' Lord Justice Steyn declared: "In modern idiom maintenance is the support of litigation by a stranger without just cause. Champerty is an aggravated form of maintenance. The distinguishing feature of champerty is the support of litigation by a stranger in return for a share of the proceeds." At common law, maintenance and champerty were both crimes and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Disbarment
Disbarment, also known as striking off, is the removal of a lawyer from a bar association or the practice of law, thus revoking their law license or admission to practice law. Disbarment is usually a punishment for unethical or criminal conduct but may also be imposed for incompetence or incapacity. Procedures vary depending on the law society; temporary disbarment may be referred to as suspension. Australia In Australia, states regulate the Legal Profession under state law, despite many participating in a uniform scheme. Admission as a lawyer is the business of the admissions board and the Supreme Court. Disciplinary proceedings may be commenced by the Bar Association or the Law Society of which one is a member, or the board itself. Germany In Germany, a ''Berufsverbot'' is a ban on practicing a profession, which the government can issue to a lawyer for misconduct, ''Volksverhetzung'' or for serious mismanagement of personal finances. In April 1933, the Nazi government i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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