Monday, November 2, 2020

vexatious litigants

 A 'vexatious litigant' is someone who persistently begins legal actions but doesn't have sufficient grounds for doing so. Vexatious proceedings include cases that are started or pursued: ... to harass or annoy, to cause delay or detriment, or for another wrongful purpose

The above definition actually comes from the Australian Courts.

Legal proceedings started with malice and without good case. Vexatious litigation is meant to bother, embarrass, or cause legal expenses to the defendant. A plaintiff who starts such litigation either knows or should reasonably know that no legal basis for the lawsuit exists. 

The above comes from a reference from Cornell Law School.

And Wikipedia says this:

Vexatious litigation is legal action which is brought 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. Filing vexatious litigation is considered an abuse of the judicial process and may result in sanctions against the offender.

A single action, even a frivolous one, is usually not enough to raise a litigant to the level of being declared vexatious. Rather, a pattern of frivolous legal actions is typically required to rise to the level of vexatious. Repeated and severe instances by a single lawyer or firm can result in eventual disbarment.

And why the dive into the term vexatious litigant, because the Courts shouldn’t decide the election, the voters should.

Yes, the Republican Party is about to put this country through hell because they know they have a better chance in the Courts than they do with the majority of the voters. There are people who are supporting Trump and who will vote for him, but if the counts goes against them, the potential for an onslaught of worthless litigation is about to be filed. Even the man Trump himself is saying they have an an army of lawyers or something like that to be ready to go.


If you have an army of attorneys ready to go, you do not believe you have a legitimate chance of winning. So as citizens can we file suit in all these state courts that Trump and the Republicans that follow him be considered vexatious litigants? Look I do not want Trump or Biden to win, but realistically one will, yet it should determined by the voters not by how many votes you disqualify. 

Any excessive litigation to get there is a crime.

And on a side note, the better half and I not only didn’t vote for a Republican or Democrat, we actually voted for someone from a party we like.


Ya’ll get some sleep tonight, tomorrow is going to very interesting.

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