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Lawyer Daniel B. Evans writes: a judge calls an argument "ridiculous" or "frivolous," it is absolutely the worst thing the judge could say. It means that the person arguing the position has absolutely no idea of what he is doing, and has completely wasted everyone's time. It doesn't mean that the case wasn't well argued, or that judge simply decided for the other side, it means that there was no other side. The argument was ''absolutely, positively, incompetent''. The judge is not telling you that you were "wrong." The judge is telling you that you are out of your mind. [http://evans-legal.com/dan/tpfaq.html#purpose Litigants who represent themselves ('' In Forma Pauperis '' and '' Pro Se '') often make frivolous arguments due to their limited knowledge of the law and procedure. The particular tendency of Prisoner s to bring baseless lawsuits led Congress to pass and Bill Clinton to sign the Prison Litigation Reform Act , which strictly limits the ability of prisoners to bring actions. The more common use of the term "frivolous" in political discourse refers to lawsuits that are based on a theory that seems absurd, where there is no link between the conduct of the defendant and the injuries sustained by the plaintiff, or where the claim results in damages that greatly exceed what one would expect from a brief summary of the case. Awards for Medical Malpractice are frequently derided as frivolous. However, if a jury and a judge decided in favor of the plaintiff in such cases, the plaintiff's claim was technically not frivolous, though it might be considered frivolous colloquially. Because of the ambiguity in the term, calling these lawsuits "frivolous" can lead to confusion because opposite sides of the Tort Reform debate can both say they oppose "frivolous" suits, with the tort reform supporters referring to the colloquial understanding, and tort reform opponents referring to the narrower technical definition. {Link without Title} SEE ALSO |
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