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Frivolous litigation,

Frivolous litigation, as used in colloquial and political terms in the United States, refers to lawsuits that are based on a theory that seems absurd, or where the claim results in damages that greatly exceed what one would expect from reading a brief summary of the case. Awards for medical malpractice are sometimes derided as frivolous (in this sense of meaning "excessive"). If a jury and a judge decided in favor of the plaintiff in such cases, the plaintiff's claim was not technically frivolous in legal terms, 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. The typical definition in United States law is very different from its colloquial or political meaning. United States courts usually define "frivolous litigation" as a legal claim or defense presented even though the party and the party's legal counsel had reason to know that the claim or defense had no merit. A claim or defense may be frivolous because it had no underlying justification in fact, or because it was not presented with an argument for a reasonable extension or reinterpretation of the law, or because laws are in place unequivocally prohibiting such a claim (see Good Samaritan law). In the United States, Rule 11 of the Federal Rules of Civil Procedure and similar state rules require that an attorney perform a due diligence investigation concerning the factual basis for any claim or defense. Jurisdictions differ on whether a claim or defense can be frivolous if the attorney acted in good faith. Because a frivolous defense or claim wastes the court's and the other parties' time, resources and legal fees, sanctions may be imposed by a court upon the party or the lawyer who presents the frivolous defense or claim. The law firm may also be sanctioned, or even held in contempt. Frivolous litigation,

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job of an attorney

Once admitted to practice by the highest court of a state (a function sometimes administered by the state's bar association), an American attorney may file legal pleadings and argue cases in any state court (federal courts usually require separate admission), provide legal advice to clients, and draft important legal documents such as wills, trusts, deeds, and contracts. In some states, real estate closings may be performed only by attorneys, even though the attorney's role in a closing may involve primarily notarization of documents and disbursement of settlement funds through an escrow account. Practicing law includes interviewing a client to identify the legal question, analyzing the question, researching relevant law, devising legal solutions to problems, and executing such solutions through specific tasks such as drafting a contract or filing a motion with a court. Most academic legal training is directed to identifying legal issues, researching facts and law, and arguing both the facts and law in favor of either side in any case. For several years, law schools have sent through far more students than new job openings have become available. This has often lead to attorneys (once they pass the bar) seeking work in other occupations, either by choice or by the lack of employment opportunities. This has led to a market in legal temps or contract attorneys, where attorneys spend a certain period of time working on tasks such as discovery for a case.

Judge

A judge is an official who presides over a court. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. In common law countries, such as the United States, and those with roots in the Commonwealth of Nations, judges have a number of powers which are not known to exist, or are not acknowledged to exist, in civil law legal systems, which collectively make the judiciary a more powerful political force than in civil law countries. One of these powers is the "contempt of court" power. In a common law system, a judge typically has the power to summarily punish with a fine or imprisonment any misconduct which takes place in the courtroom, and to similarly punish violations of the court's orders, after a hearing, when they take place outside the courtroom. A B C D E F Bad Lawyers

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