We’re rewarding the question askers & reputations are being recalculated! Read more.

New answers tagged

-1

The first level that a court case has to pass is that it must make some claim that the defendant did something that they shouldn’t do. So if plaintiff says to the judge “defendant does something I don’t want them to do, please stop them”, and the judge says “what you claim is something the defendant is absolutely allowed to do”, then the judge can throw out ...


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 ...


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 ...


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 ...


Top 50 recent answers are included