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What is a frivolous claim?

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  • Legalbear
    [21] A claim or defense is frivolous if the proponent can present no rational argument based on the evidence or law in support of that claim or defense. This
    Message 1 of 3 , Nov 15, 2004
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      [21] A claim or defense is frivolous if the proponent can present no rational argument

      based on the evidence or law in support of that claim or defense. This test . . . does not

      apply to meritorious actions that prove unsuccessful, legitimate attempts to establish a

      new theory of law, or good-faith efforts to extend, modify, or reverse existing law.

      Similarly, a claim or defense is groundless if the allegations in the complaint, while

      sufficient to survive a motion to dismiss for failure to state a claim, are not supported by

      any credible evidence at trial. Western United Realty, Inc. v. Isaacs, 679 P.2d 1063, 1069 ( Colo. 1984)

       

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    • David L. Miner
      Frivolous: Any claim concerning the so-called income tax laws the judge or prosecution does not want to face, prove or pass judgment on. Bear, there are a
      Message 2 of 3 , Nov 16, 2004
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        Frivolous:  Any claim concerning the so-called income tax laws the judge or prosecution does not want to face, prove or pass judgment on. 
         
        Bear, there are a whole bunch of legal issues that do not fit the definition as posted below, but that judges still call frivolous and will not allow.  Many of them stupid, but many of them are true and valid.  To consider them in court, however, would open a can of worms so distasteful or deleterious to their case that prosecutors will not address them and judges go along with them.
         
        Thanks for the case cite.  It will go into my files.

        Yours in freedom,

        Dave Miner
        www.FreedomSite.net

         
         
        -----Original Message-----
        From: Legalbear [mailto:bear@...]
        Sent: Monday, November 15, 2004 10:50 PM
        To: tips_and_tricks@yahoogroups.com
        Subject: [tips_and_tricks] What is a frivolous claim?

        [21] A claim or defense is frivolous if the proponent can present no rational argument

        based on the evidence or law in support of that claim or defense. This test . . . does not

        apply to meritorious actions that prove unsuccessful, legitimate attempts to establish a

        new theory of law, or good-faith efforts to extend, modify, or reverse existing law.

        Similarly, a claim or defense is groundless if the allegations in the complaint, while

        sufficient to survive a motion to dismiss for failure to state a claim, are not supported by

        any credible evidence at trial. Western United Realty, Inc. v. Isaacs, 679 P.2d 1063, 1069 ( Colo. 1984)

         

      • WW011@aol.com
        In a message dated 11/16/2004 11:10:31 AM Pacific Standard Time,
        Message 3 of 3 , Nov 17, 2004
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          In a message dated 11/16/2004 11:10:31 AM Pacific Standard Time, dminer@... writes:


          [21] A claim or defense is frivolous if the proponent can present no rational argument based on the evidence or law in support of that claim or defense.

          Although their is case law on "lible" (attesting to or declaring something via signature), there should be something in case law for public servants that WE are paying for, to be treating the  public with good Relation and not nasty attitudes , As in good PR

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