What is a "legally frivolous" claim?
MultiRegion, United States of America
The following excerpt is from Siler v. State, CASE NO. 1:10-cv-1548-LJO-MJS (PC) (E.D. Cal. 2011):
granted." 28 U.S.C. 1915(e)(2)(B)(ii). A claim is legally frivolous when it lacks an arguable basis in either law or fact. Neitzke v. Williams, 490 U.S. 319, 325 (1989).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
If a federal claim is not "adjudicated on the merits" in a state court, if the state court rejects the federal claim, what is the legal test for review of the claim? (MultiRegion, United States of America)
What is the legal test for a frivolous claim? (MultiRegion, United States of America)
What is the test for determining that a frivolous claim is frivolous? (MultiRegion, United States of America)
When a state court rejects some claims but does not expressly address a federal claim, can the federal court presume that the federal claim was adjudicated on the merits? (MultiRegion, United States of America)
What is the test for classifying a frivolous claim as frivolous? (MultiRegion, United States of America)
When a state court rejects some claims but does not expressly address a federal claim, must the federal court presume that the federal claim was adjudicated on the merits? (MultiRegion, United States of America)
Does an inmate who does not claim inadequate law library or inadequate legal assistance need to state a claim for denial of access to the courts? (MultiRegion, United States of America)
Does a claim for pauperis qualify as frivolous, malicious or for failure to state a claim upon which relief may be granted? (MultiRegion, United States of America)
Is a frivolous claim frivolous? (MultiRegion, United States of America)
What is the legal liability nature of a claim for legal malpractice? (MultiRegion, United States of America)
