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19

In some jurisdictions, California probably being the most well-known in the US, there are Anti-SLAPP (Strategic Lawsuit Against Public Participation) statutes, which allow a defendant to file an anti-SLAPP claim (for sake of clarity I'm going to keep calling that person the "defendant") when the plaintiff's suit appears to have been filed for the purpose of ...


8

TL;DNR: YES! A "motion to dismiss" a suit asks the Court do exactly what you say. It asks the Court to dismiss the suit as legally invalid, even if the facts alleged in the suit are correct. A motion to dismiss is usually filed in response to the initial complaint. A defendant can ask for dismissal on a variety of grounds. These range from, "this court ...


3

Based on the comments, it appears you are interested in a mechanism for preemptively declaring that your conduct is not wrongful without waiting for someone to bring charges or a lawsuit against you. In most common-law jurisdictions, a litigant who learned that a prosecutor was preparing charges against him, or that someone else was preparing a lawsuit ...


1

Currently, yes. In New Zealand, when a private prosecutor attempts to file charges against an alleged criminal (proposed defendant), they may be rejected by a judge (the defendant may not even be aware at all). The prosecutor then attempts to challenge the rejection by way of judicial review in a higher court (a separate civil proceeding against the court ...


1

If you are thinking of an action that can be taken beforehand, a declaratory judgement might be what you are looking for. Taking the example from the article: If company A is producing something and company B thinks this is infringing on one of their patents, company A does not have to wait for B to sue them. Instead they can ask a court to declare that they ...


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