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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 go ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Complaint
In legal terminology, a complaint is any formal legal document that sets out the facts and legal reasons (see: cause of action) that the filing party or parties (the plaintiff(s)) believes are sufficient to support a claim against the party or parties against whom the claim is brought (the defendant(s)) that entitles the plaintiff(s) to a remedy (either money damages or injunctive relief). For example, the Federal Rules of Civil Procedure (FRCP) that govern civil litigation in United States courts provide that a civil action is commenced with the filing or service of a pleading called a complaint. Civil court rules in states that have incorporated the Federal Rules of Civil Procedure use the same term for the same pleading. In Civil Law, a “complaint” is the first formal action taken to officially begin a lawsuit. This written document contains the allegations against the defense, the specific laws violated, the facts that led to the dispute, and any demands made by the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Vexatious Litigant
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. Filing vexatious litigation is considered an abuse of the judicial process and may result in sanctions against the offender. A single action, even a frivolous one, is usually not enough to raise a litigant to the level of being declared vexatious. Rather, a pattern of frivolous legal actions is typically required to rise to the level of vexatious. Repeated and severe instances by a single lawyer or firm can result in eventual disbarment. Some jurisdictions have a list of vexatious litigants: people who have repeatedly abused the legal system. Because lawyers could be disbarred for participating in this abuse of the legal process, vexatious litigants are often unable to retain legal counsel, and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Abuse Of The Legal System
{{Commonscat Articles that pertain, directly or indirectly, to improper use of the legal system, or to abuse ''by'' the legal system, or to allegations thereof. Law by issue Legal ethics Practice of law Sociology of law Lawsuits Abuse ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Isaac Wunder Order
An Isaac Wunder order is an order issued by an Irish court restricting the ability of a vexatious litigant to institute legal proceedings without leave from that or another court, whether for a specified period of time or indefinitely. It is named after Isaac Wunder, an Irishman who became notorious for instituting a number of actions that were subsequently deemed by the court to be frivolous or vexatious. Origins In the mid-1960s, the plaintiff in ''Keaveney v. Geraghty'' sought damages for libel in proceedings before the High Court. The defendant applied for a stay of proceedings on the grounds that they were, '' inter alia,'' frivolous and vexatious, and an abuse of process. The court granted the stay, whereupon the plaintiff appealed. The Supreme Court varied the ruling to provide that no further proceedings on the action could be taken without leave of the court. A few years later, Isaac Wunder sued the Irish Hospitals Trust, also known as the Irish Sweepstake, for c ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Vexatious Litigation
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. Filing vexatious litigation is considered an abuse of the judicial process and may result in sanctions against the offender. A single action, even a frivolous one, is usually not enough to raise a litigant to the level of being declared vexatious. Rather, a pattern of frivolous legal actions is typically required to rise to the level of vexatious. Repeated and severe instances by a single lawyer or firm can result in eventual disbarment. Some jurisdictions have a list of vexatious litigants: people who have repeatedly abused the legal system. Because lawyers could be disbarred for participating in this abuse of the legal process, vexatious litigants are often unable to retain legal counsel, and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Frivolous Litigation
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 a claim was lost does not imply the claim in itself was frivolous. 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 req ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Data Protection Commissioner
The Office of the Data Protection Commissioner (Irish: An Coimisinéir Cosanta Sonraí) (DPC), also known as Data Protection Commission, is the independent national authority responsible for upholding the EU fundamental right of individuals to data privacy through the enforcement and monitoring of compliance with data protection legislation in Ireland. It was established in 1989. Role and operations The independent role and powers of the Data Protection Commissioner are as set out in legislation in thData Protection Acts 1988an2003 These Acts transpose the Council of Europe 1981 Data Protection Convention (Convention 108) and the 1995 EU Data Protection Directive (Directive 95/46/EC). However, the latter was then replaced by the EU General Data Protection Regulation (GDPR), which is directly applicable upon Members States such as Ireland. Investigation of complaints Complaints received from individuals who feel that their personal information is not being treated in acco ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Oireachtas
The Oireachtas (, ), sometimes referred to as Oireachtas Éireann, is the Bicameralism, bicameral parliament of Republic of Ireland, Ireland. The Oireachtas consists of: *The President of Ireland *The bicameralism, two houses of the Oireachtas ( ga, Tithe an Oireachtais): **Dáil Éireann (lower house) **Seanad Éireann (upper house) The houses of the Oireachtas sit in Leinster House in Dublin, an eighteenth-century Duke, ducal palace. The directly elected Dáil is by far the more powerful branch of the Oireachtas. Etymology The word comes from the Irish language, Irish word / ("deliberative assembly of freemen; assembled freemen; assembly, gathering; patrimony, territory"), ultimately from the word ("freeman"). Its first recorded use as the name of a legislative body was within the Irish Free State. Composition Dáil Éireann, the lower house, is directly elected under universal suffrage of all Irish citizens who are residents and at least eighteen years old. An election i ... [...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 from ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Proceeding
Legal proceeding is an activity that seeks to invoke the power of a tribunal in order to enforce a law. Although the term may be defined more broadly or more narrowly as circumstances require, it has been noted that " e term ''legal proceedings'' includes proceedings brought by or at the instigation of a public authority, and an appeal against the decision of a court or tribunal". Legal proceedings are generally characterized by an orderly process in which participants or their representatives are able to present evidence in support of their claims, and to argue in favor of particular interpretations of the law, after which a judge, jury, or other trier of fact makes a determination of the factual and legal issues. *Activities needed to have a court deem legal process to have been provided, such as through service of process. *Conduct of a trial, whether a lawsuit or civil trial, or a criminal trial. *Issuance and enforcement of court orders, including those imposing foreclosure o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Stay Of Proceedings
Stay may refer to: Places * Stay, Kentucky, an unincorporated community in the US Law * Stay of execution, a ruling to temporarily suspend the enforcement of a court judgment * Stay of proceedings, a ruling halting further legal process in a trial Structures and mechanics * Stay, in a cable-stayed bridge * Stay, bone (corsetry), one of the rigid parts of a corset ** Stays, or corset, a garment worn to mold and shape the torso; See History of corsets * Stays (nautical), heavy ropes, wires, or rods that connect the masts of a sailing vessel to the hull * Boiler stay, an internal structural element of a boiler * Chain stay and seat stay, parts of a bicycle frame * Collar stay, a small rigid piece used to maintain the point of a shirt collar * Guy-wire, or stay, a metal cable used to support a tall structure, such as a radio mast * Stay cable, used to hold up a weight Arts, entertainment, and media Films * ''Stay'' (2005 film), a 2005 psychological thriller directed by Marc Fo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
