Valid Claim
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In
law Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior, with its precise definition a matter of longstanding debate. It has been variously described as a science and as the ar ...
, a valid claim or colorable claim is a claim that is strong enough to have a reasonable chance of being determined both valid based upon its being sufficiently supported by law and provable fact to be plausibly proved in court.


United States (Federal) law

Valid claim is used in a number of different
context In semiotics, linguistics, sociology and anthropology, context refers to those objects or entities which surround a ''focal event'', in these disciplines typically a communicative event, of some kind. Context is "a frame that surrounds the event ...
s in
Federal law Federal law is the body of law created by the federal government of a country. A federal government is formed when a country has a central government as well as regional governments, such as subnational states or provinces, each with constituti ...
. Within the area of United States
patent A patent is a type of intellectual property that gives its owner the legal right to exclude others from making, using, or selling an invention for a limited period of time in exchange for publishing an sufficiency of disclosure, enabling discl ...
law, a valid claim is a claim of an issued and unexpired, legally enforceable patent. Under US bankruptcy law, a
creditor A creditor or lender is a party (e.g., person, organization, company, or government) that has a claim on the services of a second party. It is a person or institution to whom money is owed. The first party, in general, has provided some propert ...
must have a valid claim in order to attend the creditors' meeting and to collect all or part of a
debt Debt is an obligation that requires one party, the debtor, to pay money Loan, borrowed or otherwise withheld from another party, the creditor. Debt may be owed by a sovereign state or country, local government, company, or an individual. Co ...
. A valid claim is used to describe
beneficial interest A beneficial interest is the right that a person has arising from a contract to which they are not a party, or a trust. For example, if A makes a contract with B that A will pay C a certain sum of money, B has the legal interest in the contract, an ...
in antiquities under the
Native American Graves Protection and Repatriation Act The Native American Graves Protection and Repatriation Act (NAGPRA), Pub. L. 101-601, 25 U.S.C. 3001 et seq., 104 Stat. 3048, is a United States federal law enacted on November 16, 1990. The Act includes three major sets of provisions. The "re ...
(NAGPRA) of 1990.


Liens

A
lien A lien ( or ) is a form of security interest granted over an item of property to secure the payment of a debt or performance of some other obligation. The owner of the property, who grants the lien, is referred to as the ''lienee'' and the pers ...
must be based on a valid claim. Under
Texas Texas ( , ; or ) is the most populous U.S. state, state in the South Central United States, South Central region of the United States. It borders Louisiana to the east, Arkansas to the northeast, Oklahoma to the north, New Mexico to the we ...
law, a
mechanic's lien A mechanic's lien is a security interest in the Title (property), title to property for the benefit of those who have supplied labor or materials that improve the property. The lien exists for both real property and personal property. In the realm ...
must have a valid basis. Under
New York New York most commonly refers to: * New York (state), a state in the northeastern United States * New York City, the most populous city in the United States, located in the state of New York New York may also refer to: Places United Kingdom * ...
law, a
lis pendens In United States law, a (Latin for 'suit pending') is a written notice that a lawsuit has been filed concerning real estate, involving either the title to the property or a claimed ownership interest in it. The notice is usually filed in the ...
, or notice of pendency of a claim against
real property In English common law, real property, real estate, immovable property or, solely in the US and Canada, realty, refers to parcels of land and any associated structures which are the property of a person. For a structure (also called an Land i ...
, must be valid, such as a pending
divorce Divorce (also known as dissolution of marriage) is the process of terminating a marriage or marital union. Divorce usually entails the canceling or reorganising of the legal duties and responsibilities of marriage, thus dissolving the M ...
lawsuit. Under the laws of most
US states In the United States, a state is a constituent political entity, of which there are 50. Bound together in a political union, each state holds governmental jurisdiction over a separate and defined geographic territory where it shares its so ...
, a claim against an estate must be proven or validated.See, ''e.g.'', ''Wallace v. Hill'', 249 P.2d 452, 1952 OK 325 (1952). Found a
Lindlaw.com web site
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References

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See also

*
Federal Tort Claims Act The Federal Tort Claims Act (August 2, 1946, ch. 646, Title IV, 28 U.S.C. Part VI, Chapter 171and ) ("FTCA") is a 1946 federal statute that permits private parties to sue the United States in a federal court for most torts committed by pers ...
*
Replevin Replevin () or claim and delivery (sometimes called revendication) is a legal remedy which enables a person to recover personal property taken wrongfully or unlawfully, and to obtain compensation for resulting losses. Etymology The word "replevin ...
Legal terminology