A single session in court, whether state or federal, consistently takes every detail profoundly to settle things perfectly. While many people understand just how significant a court session can get despite the nature of the case, expect a handful of people to make a total joke out of it. In the US justice system, people always take these "frivolous lawsuits seriously". If a claim is not strong enough, do not bring it to court anyway.
This practice, in law books, is called "frivolous litigation"-- the act of declaring legal claims though such a claim has very little to no chance of winning. In other words, a specific claim can be called frivolous if the court views it as down-to-earth ridiculous. One instance of a frivolous lawsuit involved a man suing former NBA superstar Michael Jordan and the footwear brand Nike for $ 832 million. The reason for this is that numerous people has mistaken the plaintiff for the former basketball player.
Even ordinary people can ponder numerous of ways to quash this kind of argument, where the plaintiff eventually retracted from the lawsuit. To prevent these type of claims, lawyers rely on the Rule 11 of the Federal Rules of Civil Procedure. This guideline demands lawyers to seek deep into a specific case by carefully examining the facts to figure out whether or not the claim is good.
As a frivolous lawsuit provided in court only wastes vital judiciary resources, the court has the right to impose sanctions to prevent it from transpiring. The charges differ depending on the nature of the claim and the kind of court handling the situation. For instance, any frivolous claim presented before the US Tax Court can cause around $ 25,000 of penalty as per the Internal Revenue Code. It is for this reason that a Utah bankruptcy attorney must scrutinize a claim properly.
A possible reason for some people to file frivolous lawsuits can be associated to the amount of cash involved as compensation. In the aforesaid example, the man demanded $ 832 million in defamatory damages, although some professionals find the figure extremely dubious. Remember that the judiciary system exists as an arbiter to settle conflicts and recompense those who deserve to be recompensed. Even the Utah personal injury attorney will tell you this.
The Utah personal injury attorney is responsible for ensuring that any sort of suit his clients make holds water. Furthermore, the complainant himself is also accountable for practicing prudence and sincerity in making legal claims. The judicial body, in general, will always be more than delighted to settle any sort of authentic conflict. Nevertheless, the judge may not be gracious with a frivolous case.
How a Utah Attorney Can Help You File a Reasonable Case