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LSDefine
Simple English definitions for legal terms
frivolous
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A quick definition of frivolous:
Term: frivolous
Definition: Frivolous means making a claim or lawsuit that has no real basis in fact or law. It is like telling a lie or making up a story that is not true. When someone makes a frivolous claim, they are trying to cause trouble or waste time. If a court decides that a claim is frivolous, they can dismiss the case and make the person who made the claim pay for any expenses or fees that were caused by the claim.
A more thorough explanation:
A frivolous claim is a legal action that lacks any reasonable basis in law or fact and is intended to harass, delay, or embarrass the opposing party. It is often referred to as a bad faith claim.
There are two types of frivolous claims:
- Claims that are based on delusion or fantasy and lack any factual basis.
- Claims that are based on an indisputably meritless legal theory.
If a court determines that a claim is frivolous, it can dismiss the case and order the party who filed the claim and their attorney to pay any reasonable expenses, including attorney's fees, incurred as a result of the frivolous claim.
An example of a frivolous claim would be if someone sued their neighbor for $1 million because they believed their neighbor's dog was barking too loudly. This claim lacks any reasonable basis in law or fact and is intended to harass the neighbor.
Another example would be if someone filed a lawsuit claiming that the Earth is flat and that all scientific evidence to the contrary is part of a vast conspiracy. This claim is based on an indisputably meritless legal theory and lacks any factual basis.
These examples illustrate how frivolous claims can waste the time and resources of the court system and the opposing party. They also show how frivolous claims can be dismissed and result in consequences for the party who filed them.