Valid claim
In
Law , a valid claim is a "grievance that can be resolved by legal action." [ [http://www.lectlaw.com/def2/u018.htm Lectric Law Dictionary] ] [ [http://www.watertowninjury.com/tort_legal_glossary/tort_legal_glossaryv.html Scott C. Gottlied, LLC web site] ] It is a claim that is notfrivolous , [ [http://www.photoattorney.com/2007/04/you-dont-have-a-valid-claim Photo Attorney web site] ] nor is based onfraud . [Note, "Insurers struggle with arson law", found at [http://findarticles.com/p/articles/mi_qa3615/is_199811/ai_n8822854 Find-Articles.com] ]In some state court systems, a valid claim is called a Claim for relief or a Claim and delivery. Fact|date=September 2007
United States (Federal) law
Valid claim is used in a number of different
context s inFederal law .Under US bankruptcy law, a
creditor must have a valid claim in order to attend the creditors' meeting and to collect all or part of adebt .A valid claim is used to describe
beneficial interest in antiquities under theNative American Graves Protection and Repatriation Act (NAGPRA) of 1990. [Note, "Does museum have valid claim to native antiquities?", The Honolulu Advertiser, August 8, 2004, found at [http://www.moolelo.com/museum-native-policy.html moolelo.com web site] . Retrieved September 5, 2007.]Patent law
Under
patent law , a claim must have a valid basis. [Note, "European Patent Office (EPO) - Requirements for a Valid Claim to Convention Priority", found at [http://www.ladas.com/BULLETINS/2002/0202Bulletin/EPOConventionPriority.html Ladas law Firm web site] ] [Note, "Patent Infringement", found at [http://www.patent-ideas.com/pinfringement.htm Neustel Law Offices LTD web site] . Retrieved September 5, 2007.]The
United States Supreme Court took up the issue in "LabCorp v. Metabolite", in which a patent claim for testing forhomocysteine was ruled valid by aUnited States District Court and theCourt of Appeals for the Federal Circuit . [Note, "Supreme Court: LabCorp Briefing Round I" on "LabCorp v. Metabolite", found at [http://patentlaw.typepad.com/patent/2005/12/supreme_court_l.html Patently O, apatent law blog] ] [ [http://www.law.duke.edu/publiclaw/supremecourtonline/labvmet.html Duke Law School web site] ] This concerned thepharmaceutical industry. [Andrew Bridges,The Associated Press, "B Vitamin Supreme Court Case Could Prove Tough Medicine for Patent Lawyers", March 21, 2006, found at [http://www.law.com/jsp/article.jsp?id=1142862089448 law.com] . Retrieved September 5, 2007.] The high court ruled that it had granted a "writ of certiorari " "improvidently", leaving intact the lowercourt decision s. ["LabCorp v. Metabolite", 548 U.S. __ (2006), found at [http://www.supremecourtus.gov/opinions/05pdf/04-607.pdf US Supreme Court official web site] .] For a fuller discussion of this case, seeLabCorp v. Metabolite, Inc .Liens
A
lien must be based on a valid claim. Fact|date=September 2007 UnderTexas law, amechanic's lien must have a valid basis. [David D. Peden, "Texas Mechanic's Lien and Bond Claim Law: The Construction Lien", found at [http://library.findlaw.com/1999/Oct/1/126219.html Findlaw Library web site] ] UnderNew York law, alis pendens , or notice of pendency of a claim againstreal property , must be valid, such as a pendingdivorce lawsuit. Fact|date=September 2007 Under the law of most states, a claim against an estate must be proven or validated. [See, "e.g.", "Wallace v. Hill, 249 P.2d 452, 1952 OK 325 (1952). Found at [http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=ok&vol=/supreme/1952/&invol=1952OK325 Lindlaw.com web site] ]References
ee also
*
Claim (patent)
*Federal Tort Claims Act
*Replevin
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Look at other dictionaries:
valid — val·id / va ləd/ adj 1: having legal efficacy or force a valid license; esp: executed with proper authority and form a valid contract a valid search 2: having a legitimate basis: justifiable … Law dictionary
valid — val‧id [ˈvæld] adjective LAW a valid document or agreement is legally acceptable, often for a fixed period of time: • The court ruled that the firm s patent is valid and enforceable. • Investors with valid claims against the company could… … Financial and business terms
Valid — Val id, a. [F. valide, F. validus strong, from valere to be strong. See {Valiant}.] [1913 Webster] 1. Strong; powerful; efficient. [Obs.] Perhaps more valid arms . . . may serve to better us. Milton. [1913 Webster] 2. Having sufficient strength… … The Collaborative International Dictionary of English
claim — n [Old French, from clamer to call, claim, from Latin clamare to shout, proclaim] 1 a: a demand for something (as money) due or believed to be due; specif: a demand for a benefit (as under the workers compensation law) or contractual payment (as… … Law dictionary
valid — val|id [ vælıd ] adjective ** 1. ) a valid document or ticket will be accepted by officials: You will need a valid passport. valid for: This offer is valid for travel before the end of April. a ) legally accepted: a valid claim A 50% turnout was… … Usage of the words and phrases in modern English
valid */*/ — UK [ˈvælɪd] / US adjective 1) a valid document or ticket will be accepted by officials You will need a valid passport. valid for: This offer is valid for travel before the end of April. a) legally accepted A 50% turnout was required for the vote… … English dictionary
claim — ▪ I. claim claim 1 [kleɪm] noun [countable] 1. COMMERCE a request or demand for money, or the amount of money asked for: • The developer made a claim against the owner for extra building costs. • There were very large claims for loss of earnings … Financial and business terms
claim */*/*/ — I UK [kleɪm] / US verb Word forms claim : present tense I/you/we/they claim he/she/it claims present participle claiming past tense claimed past participle claimed 1) a) [transitive] to say that something is true, even though there is no definite … English dictionary
valid*/ — [ˈvælɪd] adj 1) legally or officially acceptable Ant: invalid a valid claim[/ex] You will need a valid passport.[/ex] This offer is valid for travel before the end of April.[/ex] 2) reasonable and generally accepted Ant: invalid a valid… … Dictionary for writing and speaking English
claim of estoppel — USA estoppel, Also known as claim of estoppel. A legal doctrine in the law of equity preventing a party from asserting otherwise valid legal rights against another party because of the first party s own act, or representation of facts, which… … Law dictionary
