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Encyclopedia > Vexatious litigation

Vexatious litigation is legal action which is brought, regardless of its merits, 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. It is considered an abuse of the judicial process and almost always brings down sanctions on the offender. Harassment refers to a wide spectrum of offensive behavior. ... In cryptography, an adversary (rarely opponent, enemy) is a malicious entity whose aim is to prevent the users of the cryptosystem from achieving their goal (primarily privacy, integrity and availability of data). ... In courts, a defense or claim is termed frivolous if it is presented in spite of the fact that both the party and the partys attorney knew that it had no merit and it did not argue for a reasonable extension or reinterpretation of the law or no underlying... In the law, a cause of action is a recognized kind of legal claim that a plaintiff pleads or alleges in a complaint to start a lawsuit. ... Civil procedure is the body of law that sets out the process that courts will follow when hearing cases of a civil nature (a civil action). These rules govern how a lawsuit or case may be commenced, what kind of service of process is required, the types of pleadings or... Sanctions are usually monetary fines, levied against a party to a legal action or his attorney, for violating rules of procedure, or for abusing the judicial process. ...


Repeated and severe instances by a single lawyer or firm can result in their eventual disbarment. English barrister 16th century painting of a civil law notary, by Flemish painter Quentin Massys. ... A law firm is a business entity formed by one or more lawyers to engage in the practice of law. ... Disbarment is a penalty for lawyers. ...


Some jurisdictions have a list of vexatious litigants: people who have repeatedly abused the legal system. Because lawyers could be disbarred for participating in the abuse, vexatious litigants typically represent themselves in court. Those on the list are usually either forbidden from any further legal action or required to obtain prior permission from a senior judge before taking any legal action. The process by which a person is added to the list varies between jurisdictions. In law, jurisdiction (from the Latin ius, iuris meaning law and dicere meaning to speak) is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area...

Contents

Examples by locality

California, United States

Under California law (Code of Civil Procedure, section 391(b)) a vexatious litigant is someone in at least one of the following categories: Official language(s) English Capital Sacramento Largest city Los Angeles Area  Ranked 3rd  - Total 158,302 sq mi (410,000 km²)  - Width 250 miles (400 km)  - Length 770 miles (1,240 km)  - % water 4. ... Official language(s) English Capital Sacramento Largest city Los Angeles Area  Ranked 3rd  - Total 158,302 sq mi (410,000 km²)  - Width 250 miles (400 km)  - Length 770 miles (1,240 km)  - % water 4. ...

  1. In the immediately preceding seven-year period has commenced, prosecuted, or maintained in propria persona at least five litigations other than in a small claims court that have been (i) finally determined adversely to the person or (ii) unjustifiably permitted to remain pending at least two years without having been brought to trial or hearing.
  2. After a litigation has been finally determined against the person, repeatedly relitigates or attempts to relitigate, in propria persona, either (i) the validity of the determination against the same defendant or defendants as to whom the litigation was finally determined or (ii) the cause of action, claim, controversy, or any of the issues of fact or law, determined or concluded by the final determination against the same defendant or defendants as to whom the litigation was finally determined.
  3. In any litigation while acting in propria persona, repeatedly files unmeritorious motions, pleadings, or other papers, conducts unnecessary discovery, or engages in other tactics that are frivolous or solely intended to cause unnecessary delay.
  4. Has previously been declared to be a vexatious litigant by any state or federal court of record in any action or proceeding based upon the same or substantially similar facts, transaction, or occurrence.

Federal courts Supreme Court Chief Justice Associate Justices Elections Presidential elections Midterm elections Political Parties Democratic Republican Third parties Libertarian Party State & Local government Governors Legislatures (List) State Courts Counties, Cities, and Towns Other countries Politics Portal      A U.S. state is any one of the fifty subnational entities of...

Victoria, Australia

As of 2006, only 13 people - included convicted mass-murderer Julian Knight - had been declared vexatious litigants since the law was introduced in 1930 [1]. Motto: Peace and Prosperity Other Australian states and territories Capital Melbourne Governor HE Mr John Landy Premier Steve Bracks (ALP) Area 237,629 km² (6th)  - Land 227,416 km²  - Water 10,213 km² (4. ... 2006 is a common year starting on Sunday of the Gregorian calendar. ... Julian Knight (born March 4, 1968) is the mass murderer who on August 9, 1987, shot dead 7 people and injured 17 during a shooting spree in Clifton Hill, Victoria, in what became known in Australian history as the Hoddle Street Massacre. ...


United Kingdom

HM Courts Service lists the vexatious litigants here:[2]


Notable vexatious litigants

  • Julian Knight, convicted of the Hoddle Street massacre in Melbourne, Australia.[3]
  • Gavin Menzies, author of 1421: The Year China Discovered America.[4]
  • David James Lindsey, a Melbourne man so declared after repeatedly suing doctors, insurance firms and companies such as Carlton & United Breweries for smoking-related damages. On February 21, 2006, the Supreme Court of Appeal gave him leave to sue Philip Morris, demonstrating that a vexatious litigant is not completely blocked from launching further court action [5].
  • Leo Stoller, American "intellectual property entrepreneur".[6]

Julian Knight (born March 4, 1968) is the mass murderer who on August 9, 1987, shot dead 7 people and injured 17 during a shooting spree in Clifton Hill, Victoria, in what became known in Australian history as the Hoddle Street Massacre. ... The Hoddle Street massacre is the name given to a tragedy that occurred on the evening of Sunday, August 9, 1987 in Hoddle Street, Clifton Hill, a suburb of Melbourne, Australia. ... Gavin Menzies Gavin Menzies (b. ... Melbournes CBD has grown to straddle the Yarra River in three major precincts. ... Carlton and United Breweries is an Australian brewing company based in Abbotsford, Melbourne, Victoria. ... February 21 is the 52nd day of the year in the Gregorian Calendar. ... Altria Group, Inc. ... Some of the claimed famous trademarks in Stollers Rentamark. ...

See also

Abuse of process is a common law intentional tort. ... Two legal concepts go by the name barratry: one in criminal and civil law, the other in admiralty law. ... Malicious prosecution is a common law intentional tort. ... A Strategic Lawsuit Against Public Participation (SLAPP) is a form of litigation filed by a large corporation or in some cases an individual plaintiff, to intimidate and silence a less powerful critic by so severely burdening them with the cost of a legal defense that they abandon their criticism. ... The Church of Scientology has been involved in a number of court disputes throughout the world. ...

External links

  • HM Courts Service - list of vexatious litigants (England and Wales)

  Results from FactBites:
 
Vexatious litigation - Wikipedia, the free encyclopedia (352 words)
Vexatious litigation is that which is brought, regardless of its merits (which it typically lack any at all) solely to harass or subdue an adversary.
In some jurisdictions, there is also a list of vexatious litigants, generally people who have repeatedly abused the legal system and who choose to represent themselves rather than employ a lawyer.
Has previously been declared to be a vexatious litigant by any state or federal court of record in any action or proceeding based upon the same or substantially similar facts, transaction, or occurrence.
  More results at FactBites »

 
 

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