Legal Definitions - temere litigare

Temere litigare is a historical legal term from Latin that refers to the act of litigating rashly. In essence, it describes initiating or pursuing a lawsuit without reasonable grounds, sufficient evidence, or a genuine belief in the legal merit of the claim. It implies a lack of due diligence or a reckless disregard for the proper legal process, often leading to frivolous or unfounded legal actions.

Here are some examples illustrating the concept of temere litigare:

• Example 1: A small business owner, upset about losing a major client, decides to sue a competitor for unfair business practices. However, the owner has no concrete evidence—only a strong suspicion and anecdotal stories from former employees. They file the lawsuit without consulting an attorney to assess the strength of their case or conducting any preliminary investigation to gather facts. This would be considered temere litigare because the lawsuit was initiated based on emotion and speculation rather than a reasonable legal basis or supporting evidence.

  Explanation: The business owner acted rashly by filing a lawsuit without proper investigation or a solid legal foundation, demonstrating a lack of due diligence before engaging in litigation.

• Example 2: An individual believes their neighbor's new fence encroaches on their property. Without checking their property survey, consulting with a land surveyor, or attempting to discuss the matter with their neighbor, they immediately file a lawsuit demanding the fence be removed. It later turns out the fence is entirely within the neighbor's property lines, as confirmed by a professional survey ordered by the court.

  Explanation: The individual engaged in temere litigare by rushing to court without verifying their claim through readily available means, such as a property survey, thus pursuing a legal action without reasonable grounds.

• Example 3: A company loses a patent infringement case after a lengthy trial, where the court found no evidence of infringement. Despite the clear ruling and the high costs involved, the company's CEO insists on filing an immediate appeal, even though their legal team advises there are no new legal arguments or factual errors to present to a higher court. The CEO simply refuses to accept the initial judgment.

  Explanation: This scenario illustrates temere litigare because the company is pursuing further litigation (an appeal) without any reasonable legal basis or new evidence, acting rashly out of dissatisfaction rather than legal merit.