The American public tends to rail against frivolous lawsuits. What kinds of lawsuits tend to be considered frivolous? Do you think that statutes that concern “vexatious litigants” are a good or bad idea? Why?

Question

What will be an ideal response?

Answer 1

Although many lawsuits discussed by the media might appear to be frivolous, courts tend to
view lawsuits or claims as frivolous for two reasons. First, lawsuits that are made in bad faith
are frivolous. Those include lawsuits that are intended solely to harass the other party, such
as when a lawsuit is nothing more than a weapon of maliciousness. Second, lawsuits are
frivolous if there is no basis in fact for them. Plaintiffs and defendants have the right to
present claims or defenses that are long shots, but they may not present claims or defenses
that are devoid of any substance.
[The second part is a personal opinion question, designed to see if the students have thought
about whether limiting or prohibiting one’s right to bring a suit is a violation of one’s civil
rights or civil liberties or the correct response to out-of-control litigants. This part of the
question should be answered with some reference to the California statute discussed in the
chapter.]