A single session in court, whether federal or state, consistently takes every detail earnestly to negotiate things perfectly. While many people understand how serious a court session can get no matter 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 solid enough, do not appeal it to court at all.
Law books call this practice "frivolous litigation"-- the act of asserting legal claims even if such a claim has very little to no chance of winning. In other words, a certain claim can be referred as 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 many people mistake the prosecutor for the former basketball player.
Even an ordinary person can imagine numerous of ways to quash this kind of argument, in which the plaintiff eventually retracted from the lawsuit. To stay clear of these kinds of claims, attorneys rely on the Rule 11 of the Federal Rules of Civil Procedure. This guideline needs attorneys to delve deep into a certain case by properly monitoring the facts to figure out whether or not the claim is good.
As a frivolous lawsuit presented in court just wastes essential judiciary resources, the court has the right to impose sanctions to prevent it from happening. The charges vary depending on the nature of the claim and the kind of court handling the case. For example, any frivolous claim presented before the United States Tax Court can result in around $ 25,000 of penalty as per the Internal Revenue Code. It is for this reason that a Utah bankruptcy attorney should investigate a claim properly.
A possible cause for some people to file frivolous lawsuits can be attributed to the amount of cash involved as compensation. In the aforesaid example, the man required $ 832 million in defamatory damages, although some professionals find the figure extremely dubious. Remember that the judiciary system exists as an arbiter to settle disputes and reimburse those who deserve to be recompensed. Even the Utah personal injury attorney will definitely tell you this.
The Utah personal injury attorney is accountable for guaranteeing that any sort of claim his clients make holds water. Additionally, the accuser himself is also accountable for practicing prudence and honesty in making legal claims. The judicial body, in general, will consistently be more than pleased to settle any authentic dispute. Nonetheless, the judge may not be gracious with a frivolous claim.
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