What is a Frivolous Case?

A frivolous case is a civil lawsuit that lacks any factual merit. 

Basically, the plaintiff is suing the defendant based upon facts that do not amount to a cause of action. 

How are frivolous cases regulated?

A frivolous case is a civil lawsuit that lacks any factual merit. 

Basically, the plaintiff is suing the defendant based upon facts that do not amount to a cause of action. 

A frivolous case is based upon conjecture or false information. 

Any party can move to dismiss a frivolous suit or the judge can dismiss it unilaterally. 

Generally, the rules of procedure in civil trials seek to prohibit the filing of frivolous cases. 

Specifically, Rule 11 of the Federal Rules of Civil Procedure requires an attorney to sign an attestation that the case is filed in good faith. 

The attorney's signature says that the facts and claims in the pleading are meritorious and, to her knowledge, not for an improper purpose.

Related Topics

• Civil Litigation Procedure (Intro)
• What is a civil lawsuit or civil action?
• Who are the parties to a lawsuit?
• What is standing to sue?
• Venue
• What is personal jurisdiction?
• What is a class action?
• What are the pleadings?
• What is discovery?
• What is the scope of discovery?
• What are motions and how are they used?
• What are frivolous cases?
• Barratry
• What is the process of selecting a jury?
• What are the steps involved in a civil trial?
• What is the burden of proof in a civil trial?
• How is a civil trial decided?
• Adjudication
• Default Judgment
• Stipulated Judgment
• Equitable Defenses
• Equitable Relief
• Doctrine of Clean Hands
• Compensatory Damages
• Punitive Damages
• Replevin
• What is joint and several liability?
• Judgment Proof
• What is the process for appeal?
• Amicus Curiae Brief
• How do parties enforce a civil judgment?
• Levy
• Garnishment
• Writ of Attachment
• Writ of Execution
• Writ of Seizure and Sale
• Sheriff's Sale
• What is res judicata