Legal Definitions - lis mota

Lis mota refers to a dispute or controversy that has already arisen and is actively being discussed or contested between parties, even before a formal lawsuit has been filed. It signifies that the disagreement is no longer hypothetical but has become a concrete issue that could potentially lead to litigation.

• Example 1: Contractual Disagreement

  A construction company completes a building project for a client. The client claims that certain aspects of the work do not meet the agreed-upon quality standards and withholds the final payment. The construction company insists that all work was performed according to the contract. They exchange several emails, hold meetings, and involve their respective project managers in an attempt to resolve the payment and quality issues.

  This ongoing disagreement about the project's quality and the outstanding payment constitutes a lis mota. The dispute has clearly begun and is active between the parties, laying the groundwork for a potential breach of contract lawsuit if they cannot reach an out-of-court resolution.

• Example 2: Intellectual Property Rights

  A small tech startup develops a new mobile application. A larger, established tech company then releases an app with very similar features and user interface. The startup sends a cease and desist letter to the larger company, alleging copyright and trademark infringement. The larger company responds, denying any infringement and asserting their independent development. They engage in preliminary discussions through their legal counsel.

  The active disagreement over the intellectual property rights, involving formal communication and conflicting claims, represents a lis mota. The dispute is clearly established and ongoing, making it a concrete issue that could easily escalate into a formal legal action for infringement.

• Example 3: Estate and Inheritance Dispute

  After a parent passes away, their two adult children discover that the will leaves a significantly larger portion of the estate to one sibling. The other sibling believes the will was created under undue influence and expresses their intent to challenge its validity. They begin to gather evidence, consult with separate probate attorneys, and communicate their opposing views on the will's legitimacy.

  The active disagreement among the siblings regarding the distribution of assets from the estate, even before any formal challenge to the will is filed in court, constitutes a lis mota. The dispute has clearly emerged and is being actively contested, forming the basis for potential probate litigation.