A legal threat is a statement by a party who intends to take legal action against another party, generally accompanied by a request that another party take the action requested by the first party or refrain from taking or continuing the action filed by the party who demanded.
Video Legal threat
Nature
Legal threats have many forms. What is common to all is that the party making the threat will take some form of legal action. The most common is the threat of initiation of a lawsuit against a second party. Other threats may include administrative or grievance action, referring other parties to regulatory bodies, turning parties into legal authorities for crimes or civil offenses, or the like. Legal threats are often veiled or indirect, e.g. a threat that a party "will be forced to consider its legal options" or "will refer the matter to legal counsel."
Maps Legal threat
Type
Stop and stop
Letter stop and stop ( C & amp; D ) is a formalized legal request that the party ceases ("stops") and restrains ("stops") from activities that the parties which demanded to find an objection, generally written in a formal language accusing unlawful activity.
The most objection-to-possible activity, even though the letter stops-and-is very common among certain areas of the law:
- alleged infringement of intellectual property (eg patent infringement, trademark infringement, copyright infringement, etc.)
- alleged defamation such as slander and slander
- harassment, interruptions, and other words
- violation of certain agreements not to engage in certain commercial behaviors (eg with regard to competition, territory, etc.)
- in which a financial administrator and personal law (such as those designated in Australia) acting under a court order for the person represented (for example a person with alleged disability) for a specified time, as prescribed in the Order, continues administration in beyond the anniversary date (the end date) of the Order, against the wishes of the person represented.
Request letter
A "request letter" is a formalized request by a party to which another party pays money or performs certain acts, often accompanied by claims that a second party has committed an illegal act, with an implicit or explicit threat that the claimant will take some form of legal action.
Effect
For the most part, legal threats have no legal meaning other than the issue of negotiation tactics; however, in certain cases, legal threats do have some legal interests. Among other things, the threat of law can be done as follows:
- Set a notification - the party receiving the threat, and the party making the threat, "there is a notification" about the situation and will not be able to claim that they are not aware of it.
- It is extortion, extortion, or some other crime or tort involving an imminent threat of danger: for example, is considered unethical, and in some cases a crime threatens to report a criminal act to the police unless a settlement is reached.
- In some circumstances, a claim (veiled or not) that a party will take action on the alleged violation of the law creates a right by the recipient to file a lawsuit for not violating the law: for example, if the trademark holder claims that a party infringes the trademark, the party may file a lawsuit to claim that there is actually no violation.
In addition to their legal significance, legal threats can create a number of practical results:
- To intimidate a party to approve a request, whether there is a legal basis or not, for fear of litigation costs, negative publication, loss of rights (eg loss of business license), or other negative consequences
- Inform the party of illegal behavior that he or she is not aware of, or unknowingly illegal or unpleasant
- Delaying or disrupting legitimate and legitimate activity, as a victim of a threat must provide time to get expensive legal counsel.
- Risking public disclosure of threats, thus illustrating those who create threats in poor light (see Streisand effect). The threat of frivolous litigation against major news organizations is very risky in this regard, since newspapers will most often report threats in the paper itself.
See also
- Process abuse
- Barratry (common law)
- Fraud fraud
- Frivolous trial
- In terror
- Malicious prosecution
- Strategic demands on public participation
- Vaccine trial
References
External links
- chillingeffects.org - mail database "stop and stop"
Source of the article : Wikipedia
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