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LSDefine

Simple English definitions for legal terms

frivolous defense

Read a random definition: State Justice Institute

A quick definition of frivolous defense:

Frivolous defense is when a defendant makes a claim that has no basis in fact or law to avoid being held responsible for their actions. It is a reason given by a defendant to show that the plaintiff or prosecutor has no valid case against them. An affirmative defense is when a defendant asserts facts and arguments that, if true, will defeat the plaintiff's or prosecution's claim, even if all the allegations in the complaint are true. A frivolous defense is not a valid defense and is often used to delay or obstruct a lawsuit.

A more thorough explanation:

A frivolous defense is a defense that has no basis in fact or law. It is a defendant's stated reason why the plaintiff or prosecutor has no valid case. For example, if a defendant is accused of robbery, but their defense is that they were on the moon at the time of the crime, that would be a frivolous defense.

Frivolous defenses are not taken seriously by the court and are often dismissed quickly. They waste time and resources and can even result in sanctions against the defendant or their attorney.

Other types of defenses include affirmative defenses, which are assertions of facts and arguments that, if true, will defeat the plaintiff's or prosecution's claim, and perfect defenses, which meet all legal requirements and result in the defendant's acquittal.

frivolous claim | frivolous suit

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