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Frivolous Or Vexatious
In law, frivolous or vexatious is a term used to challenge a complaint or a legal proceeding being heard as lacking in merit, or to deny, dismiss or strike out any ensuing judicial or non-judicial processes. The term is used in several jurisdictions, such as England & Wales, Ireland, Canada and New Zealand. While the term is referenced in laws and regulations, it is often not defined by statute, being developed instead by decisions of the courts. General meaning "Frivolous" and "vexatious" generally mean different things, however both are typically grouped together as they relate to the same basic concept of a claim or complaint (or a series of many) not being brought in good faith: * A ''"frivolous"'' claim or complaint is one that has no serious purpose or value. Often a frivolous claim is one about a matter that is so trivial, meritless on its face, or without substance that investigation would be disproportionate in terms of time and cost. The implication is that the claim ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Complaint
In legal terminology, a complaint is any formal legal document that sets out the facts and legal reasons (see: cause of action) that the filing party or parties (the plaintiff(s)) believes are sufficient to support a claim against the party or parties against whom the claim is brought (the defendant(s)) that entitles the plaintiff(s) to a remedy (either money damages or injunctive relief). For example, the Federal Rules of Civil Procedure (FRCP) that govern civil litigation in United States courts provide that a civil action is commenced with the filing or service of a pleading called a complaint. Civil court rules in states that have incorporated the Federal Rules of Civil Procedure use the same term for the same pleading. In Civil Law, a "complaint" is the first formal action taken to officially begin a lawsuit. This written document contains the allegations against the defense, the specific laws violated, the facts that led to the dispute, and any demands made by the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Abuse Of Process
Abuse is the act of improper usage or treatment of a person or thing, often to unfairly or improperly gain benefit. Abuse can come in many forms, such as: physical or verbal maltreatment, injury, assault, violation, rape, unjust practices, crimes, or other types of aggression. To these descriptions, one can also add the Kantian notion of the wrongness of using another human being as means to an end rather than as ends in themselves. Some sources describe abuse as "socially constructed", which means there may be more or less recognition of the suffering of a victim at different times and societies. Types and contexts of abuse Abuse of authority Abuse of authority includes harassment, interference, pressure, and inappropriate requests or favors. Abuse of corpse Necrophilia involves possessing a physical attraction to dead bodies that may led to acting upon sexual urges. As corpses are dead and cannot give consent, any manipulation, removal of parts, mutilation, or sexual ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Isaac Wunder Order
An Isaac Wunder order is an order issued by an Irish court restricting the ability of a vexatious litigant to institute legal proceedings without leave from that or another court, whether for a specified period of time or indefinitely. It is named after Isaac Wunder, an Irishman who became notorious for instituting a number of actions that were subsequently deemed by the court to be frivolous or vexatious. Origins In the mid-1960s, the plaintiff in ''Keaveney v. Geraghty'' sought damages for libel in proceedings before the High Court. The defendant applied for a stay of proceedings on the grounds that they were, '' inter alia,'' frivolous and vexatious, and an abuse of process. The court granted the stay, whereupon the plaintiff appealed. The Supreme Court varied the ruling to provide that no further proceedings on the action could be taken without leave of the court. A few years later, Isaac Wunder sued the Irish Hospitals Trust, also known as the Irish Sweepstake, for clai ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Vexatious Litigation
Vexatious litigation is legal action which is brought solely to harass or subdue an adversary. It may take the form of a primary frivolous lawsuit or may be the repetitive, burdensome, and unwarranted filing of meritless motions in a matter which is otherwise a meritorious cause of action. Filing vexatious litigation is considered an abuse of the judicial process and may result in sanctions against the offender. A single action, even a frivolous one, is usually not enough to raise a litigant to the level of being declared vexatious. Rather, a pattern of frivolous legal actions is typically required to rise to the level of vexatious. Repeated and severe instances by a single lawyer or firm can result in eventual disbarment. Some jurisdictions have a list of vexatious litigants: people who have repeatedly abused the legal system. Because lawyers could be disbarred for participating in this abuse of the legal process, vexatious litigants are often unable to retain legal counsel, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Frivolous Litigation
Frivolous litigation is the use of legal processes with apparent disregard for the merit of one's own arguments. It includes presenting an argument with reason to know that it would certainly fail, or acting without a basic level of diligence in researching the relevant law and facts. That an argument was lost does not imply the argument was frivolous; a party may present an argument with a low chance of success, so long as it proceeds from applicable law. Frivolous litigation may be based on absurd legal theories, may involve a superabundance or repetition of motions or additional suits, may be uncivil or harassing to the court, or may claim extreme remedies. A claim or defense may be frivolous because it had no underlying justification in fact, or because it was not presented with an argument for a reasonable extension or reinterpretation of the law. A claim may be deemed frivolous because existing laws unequivocally prohibit such a claim, such as a Good Samaritan law. In ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Data Protection Commissioner
The Office of the Data Protection Commissioner () (DPC), also known as Data Protection Commission, is the independent national authority responsible for upholding the EU fundamental right of individuals to data privacy through the enforcement and monitoring of compliance with data protection legislation in Ireland. It was established in 1989. Role and operations The independent role and powers of the Data Protection Commissioner are as set out in legislation in the Data Protection Acts 1988 and 2003. These Acts transpose the Council of Europe 1981 Data Protection Convention (Convention 108) and the 1995 EU Data Protection Directive (Directive 95/46/EC). However, the latter was then replaced by the EU General Data Protection Regulation (GDPR), which is directly applicable upon Members States such as Ireland. Investigation of complaints Complaints received from individuals who feel that their personal information is not being treated in accordance with the data protection ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Oireachtas
The Oireachtas ( ; ), sometimes referred to as Oireachtas Éireann, is the Bicameralism, bicameral parliament of Republic of Ireland, Ireland. The Oireachtas consists of the president of Ireland and the two houses of the Oireachtas (): a house of representatives called Dáil Éireann and a senate called Seanad Éireann. The houses of the Oireachtas sit in Leinster House in Dublin, an eighteenth-century Duke, ducal palace. The directly elected Dáil is the more powerful of the houses of the Oireachtas. Etymology The word comes from the Irish language, Irish word / ("deliberative assembly of freemen; assembled freemen; assembly, gathering; patrimony, territory"), ultimately from the word ("freeman"). Its first recorded use as the name of a legislative body was within the Irish Free State. Composition Dáil Éireann is directly elected under universal suffrage of all Irish citizens who are residents and at least eighteen years old; non-Irish citizens may be enfranchised by law ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Vexatious Litigant
Vexatious litigation is legal action which is brought solely to harass or subdue an adversary. It may take the form of a primary frivolous lawsuit or may be the repetitive, burdensome, and unwarranted filing of meritless motions in a matter which is otherwise a meritorious cause of action. Filing vexatious litigation is considered an abuse of the judicial process and may result in sanctions against the offender. A single action, even a frivolous one, is usually not enough to raise a litigant to the level of being declared vexatious. Rather, a pattern of frivolous legal actions is typically required to rise to the level of vexatious. Repeated and severe instances by a single lawyer or firm can result in eventual disbarment. Some jurisdictions have a list of vexatious litigants: people who have repeatedly abused the legal system. Because lawyers could be disbarred for participating in this abuse of the legal process, vexatious litigants are often unable to retain legal counsel, an ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Proceeding
Legal proceeding is an activity that seeks to invoke the power of a tribunal in order to enforce a law. Although the term may be defined more broadly or more narrowly as circumstances require, it has been noted that "[t]he term ''legal proceedings'' includes proceedings brought by or at the instigation of a public authority, and an Appeal (law), appeal against the decision of a court or tribunal". Legal proceedings are generally characterized by an orderly process in which participants or their representatives are able to present evidence (law), evidence in support of their claims, and to argue in favor of particular Judicial interpretation, interpretations of the law, after which a judge, jury, or other trier of fact makes a determination of the factual and legal issues. * Activities needed to have a court deem legal process to have been provided, such as through service of process. * Conduct of a Trial (law), trial, whether a lawsuit or civil trial, or a criminal trial. * Issuanc ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Stay Of Proceedings
A stay of proceedings is a ruling by the court in civil and criminal procedure that halts further legal process in a trial or other legal proceeding. The court can subsequently lift the stay and resume proceedings based on events taking place after the stay is ordered. However, a stay is sometimes used as a device to postpone proceedings indefinitely. United Kingdom In civil procedure, stays of proceedings are governed by the Civil Procedure Rules. In criminal trials, they are governed by the Prosecution of Offences Act 1985. ss 22(4), 22A, 22B Scope of power to order Court have the power to stay: * the whole or part of any part of litigation before it * litigation permanently or temporarily * the proceedings pending some contingent event, such as conclusion of an appeal or a period allowed for mediation. ...
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