| frivolous litigation | злоупотребление процессуальными правами (In law, frivolous litigation is the practice of starting or carrying on lawsuits that, due to their lack of legal merit, have little to no chance of being won. Frivolous litigation may be based on absurd legal theories, may involve a superabundance or repetition of motions or additional suits, may be uncivil or harassing to the court, or may claim extreme remedies. WK. The Frivolous Claims Statute (FLS), N.J.S.A. 2A:15-59.1, "authorizes an award of counsel fees if the judge finds that `a complaint, counterclaim, cross-claim or defense of the unprevailing person was frivolous.'" Zavodnick v. Leven, 340 N.J. Super. 94, 103 (App. Div. 2001) (quoting N.J.S.A. 2A:15-59.1(a)(1)). Rule 1:4-8(a) sets forth what constitutes frivolous litigation. It includes pursuing litigation that has no legal basis, filing papers to harass or cause unnecessary delay, and it prohibits attorneys and parties, appearing pro se, from engaging in such conduct. Alexander Demidov) |
