Frivolous is a legal term with an important meaning. It refers to a lawsuit, legal action, defense, or appeal that is considered to be not properly supported by the facts or the law. This means that the argument being presented is nonsensical or unimportant, and the court may disregard it or decide against it.
For example, if a person is accused of a crime and tries to use slang terms or jokes as a defense in court, the court is likely to view this as frivolous and will likely reject this argument.
What Are the Penalties for a Frivolous Claim?
Under U.S. law, filing a frivolous lawsuit may result in a court imposing sanctions on the person who filed it. This includes a fine or an order to pay the opposing party’s attorney fees or court costs. In addition, the court may also report the filing of the frivolous claim to the relevant state disciplinary body.
How to Avoid a Frivolous Claim
The best way to avoid filing a frivolous lawsuit is to make sure all claims and defenses are well-grounded in the facts and the law. Lawyers should take care to thoroughly research the facts and the law before making any claims or filing any lawsuits. This will ensure that the lawsuit is not viewed as frivolous and objections or defenses are not viewed as nonsensical.