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vexatious litigation :: legal definition


Vexatious litigation - n. filing a lawsuit with the knowledge that it has no legal basis, with its purpose to bother, annoy, embarrass and cause legal expenses to the defendant. Vexatious litigation includes continuing a lawsuit after discovery of the facts shows it has absolutely no merit. Upon judgment for the defendant, he/she has the right to file a suit for "malicious prosecution" against the original vexatious plaintiff. Moreover, most states allow a judge to penalize with sanctions a plaintiff and his/her attorney for filing or continuing a "frivolous" legal action (money award to the defendant for the trouble and/or attorney fees).

See also: frivolous malicious prosecution sanction and Related Law Terms ↓


Related Law Terms

abuse of process :: n. the use of legal process by illegal, malicious, ... ly correct the error and apologize.
acceptance of service :: n. agreement by a defendant (or his/her attorney) ... o accept service. See also: service
actionable :: adj. when enough facts or circumstances exist to m ... ction lawsuit malicious prosecution
actual controversy :: n. a true legal dispute which leads to a genuine l ... al outcome. See also: friendly suit
ad litem :: adj. legal Latin meaning "for the purposes of the ... of age. See also: guardian ad litem
American Bar Association :: n. the largest organization of American lawyers, w ... go, IL 60611; tel.: (312) 988-5522.
answer :: n. in law, a written pleading filed by a defendant ... emurrer general denial verification
appeal :: 1) v. to ask a higher court to reverse the decisio ... ng, as in "he has filed an appeal."
attorney :: n. 1) an agent or someone authorized to act for an ... ialize. See also: court reciprocity
Attorney General :: n. in each state and the federal government the hi ... izenry. See also: Solicitor General
attorney-client privilege :: n. the requirement that an attorney may not reveal ... ivileged communication work product
attorney's fee :: n. the payment for legal services. It can take sev ... ees in the particular type of case.
bankruptcy :: n. a federal system of statutes and courts which p ... y proceedings trustee in bankruptcy
benefit of counsel :: n. having the opportunity to have an attorney and ... attorney is the person's own fault.
challenge :: n. the right of each attorney in a jury trial to r ... ess. See also: peremptory challenge
class action :: n. a lawsuit filed by one or more people on behalf ... ees usually require court approval.
clerk :: n. 1) an official or employee who handles the busi ... stocking shelves, or counter sales.
collateral :: 1) n. property pledged to secure a loan or debt, u ... ral to the Colorado divorce action.
complaint :: n. the first document filed with the court (actual ... g prayer service of process summons
confession of judgment :: n. a written agreement in which the defendant in a ... rms are fulfilled by the defendant.
continuing objection :: n. an objection to certain questions or testimony ... ional distress. See also: objection
cross-complaint :: n. after a complaint has been filed against a defe ... g prayer service of process summons
cumis counsel :: n. an attorney employed by a defendant in a lawsui ... fendant be approved by the company.
defense attorney :: n. 1) the attorney representing the defendant in a ... lso: defendant plaintiff's attorney
demurrer :: n. (dee-muhr-ur) a written response to a complaint ... demurrer. See also: motion pleading
deposition :: n. the taking and recording of testimony of a witn ... See also: deponent depose discovery
examination :: n. 1) the questioning of a witness by an attorney. ... irect examination testimony witness
file :: 1) v. to deposit with the clerk of the court a wri ... rrespondence and notes on the case.
fraud :: n. the intentional use of deceit, a trick or some ... audulent conveyance intrinsic fraud
frivolous :: adj. referring to a legal move in a lawsuit clearl ... ing the courts to resolve disputes.
general denial :: n. a statement in an answer to a lawsuit or claim ... anguage. See also: answer complaint
guardian ad litem :: n. a person appointed by the court only to take le ... awsuit is filed. See also: ad litem
in personam :: adj. (in purr-soh-nam) from Latin for "directed to ... here. See also: in rem jurisdiction
judgment creditor :: n. the winning plaintiff in a lawsuit to whom the ... 's rights judgment prevailing party
jurisdiction :: n. the authority given by law to a court to try ca ... Superior Court Supreme Court venue
jury :: n. one of the remarkable innovations of the Englis ... hallenge sequester venire voir dire
laches :: n. the legal doctrine that a legal right or claim ... , breach of contract, fraud, etc.).
lawsuit :: n. a common term for a legal action by one person ... See also: case cause of action suit
legal aid society :: n. an organization formed to assist persons who ha ... bar association. See also: pro bono
liability :: n. one of the most significant words in the field ... bility joint tortfeasors negligence
libel :: 1) n. to publish in print (including pictures), wr ... libel per se public figure slander
lis pendens :: (lease pen-dense) n. Latin for "a suit pending," a ... ob can be penalized by court order.
malicious prosecution :: n. filing a lawsuit with the intention of creating ... vor of the victim. See also: malice
malpractice :: n. An act or continuing conduct of a professional ... eed. See also: errors and omissions
motion for dismissal :: (non-suit) n. application by a defendant in a laws ... otion for nonsuit. See also: motion
no contest :: n. in criminal law, a defendant's plea in court th ... : nolo contendere plea plea bargain
nolle prosequi :: (no-lay pro-say-kwee) n. Latin for "we shall no lo ... nocent and declared nolle prosequi.
notice :: n. 1) information, usually in writing in all legal ... Thirty-day notice three-day notice
nunc pro tunc :: (nuhnk proh tuhnk) adj. Latin for "now for then," ... r actuality of a bigamous marriage.
object :: 1) v. to ask the court not to allow a particular q ... he contract..." See also: objection
party :: n. 1) one of the participants in a lawsuit or othe ... y real party in interest respondent
procedure :: n. the methods and mechanics of the legal process. ... cases are tried and judgments made.
process :: n. in law, the legal means by which a person is re ... service of process subpena summons
proof :: n. confirmation of a fact by evidence. In a trial, ... doubt preponderance of the evidence
proper party :: n. a person or entity who has an interest (financi ... lf. See also: necessary party party
prosecute :: v. 1) in criminal law, to charge a person with a c ... rney General prosecution prosecutor
prosecutor :: n. generic term for the government's attorney in a ... ee also: Attorney General prosecute
public defender :: n. an elected or appointed public official (usuall ... to convicted indigents for appeals.
quiet title action :: n. a lawsuit to establish a party's title to real ... opposition. See also: notice title
retraction :: n. 1) to withdraw any legal document in a lawsuit ... igation. See also: defamation libel
sanction :: n. 1) a financial penalty imposed by a judge on a ... ction." See also: contempt of court
separation agreement :: n. an agreement between two married people who hav ... divorce legal separation separation
service by mail :: n. mailing legal pleadings to opposing attorneys o ... attorney by mail. See also: service
service of process :: n. the delivery of copies of legal documents such ... by publication substituted service
settlement :: n. the resolution of a lawsuit (or of a legal disp ... ult in settlement. See also: settle
speaking demurrer :: n. an attempt to introduce evidence during a heari ... the operation." See also: demurrer
statute of limitations :: n. a law which sets the maximum period which one c ... ies. See also: demurrer laches toll
summons :: n. a document issued by the court at the time a la ... use service service of process writ
trial :: n. the examination of facts and law presided over ... at a hearing held at a later time.
unlawful detainer :: n. 1) keeping possession of real property without ... Thirty-day notice three-day notice
venue :: n. 1) the proper or most convenient location for t ... ion. See also: forum non conveniens
wrongful death :: n. the death of a human being as the result of a w ... ual beneficiaries (family members).

Popular Law Searches

legal definition ministerial act :: n. an act, particularly of a governmental employee ... exercising any individual judgment.
chancery legal definition :: n. a court that can order acts performed. Today ch ... ts in most states. See also: equity
testamentary disposition legal definition :: n. how the terms of a will divide the testator's ( ... named beneficiaries. See also: will
contract of sufferance :: n. a "hold-over" tenancy after a lease has expired ... y tenancy at will unlawful detainer
forthwith legal definition :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay.
forthwith definition legal :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay.
what is to wit in a legal contract :: prep. that is to say. Example: "the passengers in ... tty Bumgartner and Sherry Younger."
mirror wills legal definition :: n. the wills of a husband and wife which are ident ... d each names the other as executor.
clean hands doctrine latin :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense
sine qua non only relates to contract law :: (see-nay kwah nahn) prep. Latin for "without which ... qua non of the injury to Playmate.

Other Law Terms - V

vacate :: v. 1) for a judge to set aside or annul an order o ... of real estate and cease occupancy.
vagrancy :: n. moving about without a means to support oneself ... ue of "loitering." See also: loiter
valuable consideration :: n. a necessary element of a contract, which confer ... t. See also: consideration contract
variance :: n. 1) an exception to a zoning ordinance, authoriz ... process." See also: dismissal proof
vehicular manslaughter :: n. the crime of causing the death of a human being ... gence manslaughter reckless driving
vendee :: n. a buyer, particularly of real property. ... yer, particularly of real property.
vendor :: n. a seller, particularly of real property. ... ler, particularly of real property.
venire :: (ven-eer-ay) n. the list from which jurors may be ... y be selected. See also: jury panel
venue :: n. 1) the proper or most convenient location for t ... ion. See also: forum non conveniens
verdict :: n. the decision of a jury after a trial, which mus ... nt quotient verdict special verdict
verification :: n. the declaration under oath or upon penalty of p ... ed. See also: answer complaint oath
vest :: v. to give an absolute right to title or ownership ... . See also: vested vested remainder
vested :: adj. referring to having an absolute right or titl ... ed. See also: vest vested remainder
vested remainder :: n. the absolute right to receive title after a pre ... pass to him. See also: vest vested
vexatious litigation :: n. filing a lawsuit with the knowledge that it has ... lous malicious prosecution sanction
vicarious liability :: n. sometimes called "imputed liability," attachmen ... r or policeman. See also: liability
vigilante :: n. someone who takes the law into his/her own hand ... lester of her child is a vigilante.
viz :: prep. to wit, or namely. Example: "There were seve ... d broken windows." See also: to wit
void :: adj. referring to a statute, contract, ruling or a ... udgment is void. See also: voidable
void for vagueness :: adj. referring to a statute defining a crime which ... o the states by the 14th Amendment.