Legal Definitions - giser

Giser is a historical legal term that refers to whether a particular legal action or claim is permissible or appropriate to be brought before a court. If an action "gises," it means that the legal system recognizes it as a valid type of lawsuit that a court has the authority to hear and decide. Essentially, it asks if a lawsuit can legally exist and proceed within the established legal framework.

• Example 1: Breach of Contract

  Imagine a software development company that fails to deliver a promised product to a client according to the terms of their signed agreement. The client suffers financial losses as a result.

  In this situation, a lawsuit for breach of contract gises. This means that the legal system provides a clear basis in contract law for the client to bring a claim against the software company. Courts are established to hear and resolve disputes arising from broken agreements, making this a legally permissible and recognized type of suit.

• Example 2: Personal Injury Due to Negligence

  Consider a pedestrian who is seriously injured when a driver runs a red light. The pedestrian incurs significant medical bills and lost wages.

  A personal injury lawsuit based on the driver's negligence gises. Tort law, which deals with civil wrongs, establishes a duty of care that drivers owe to others. When this duty is breached and causes harm, the legal system allows the injured party to seek compensation in court. Therefore, this type of claim is capable of being brought as a suit.

• Example 3: A Non-Justiciable Complaint

  Suppose a person wants to sue their neighbor simply because they find their neighbor's choice of garden gnomes offensive and aesthetically displeasing, without any violation of local ordinances, property covenants, or nuisance laws.

  In this scenario, a lawsuit based purely on personal aesthetic preference would generally not giser. The legal system typically does not provide a cause of action for subjective dislikes that do not infringe upon legal rights or cause legally recognized harm. A court would likely dismiss such a suit because it does not present a valid, permissible legal claim that the court is empowered to resolve.