What is a Litigious Right? A Comprehensive Legal Overview

Definition & Meaning

A litigious right is a legal entitlement that can only be exercised through litigation. This means that a dispute must be formally contested in court for the right to be valid. In essence, a right becomes litigious when it is involved in an ongoing lawsuit. For example, under Louisiana Civil Code Article 2652, a right is considered litigious if it is already being challenged in a filed suit.

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Real-world examples

Here are a couple of examples of abatement:

Example 1: A property owner sues a contractor for breach of contract. The owner's right to claim damages becomes litigious once the lawsuit is filed.

Example 2: A creditor assigns their right to collect a debt to another party. The debtor can extinguish their obligation by paying the assignee the amount the creditor originally received for the assignment. (hypothetical example)

State-by-state differences

Examples of state differences (not exhaustive):

State Litigious Right Definition
Louisiana Defines litigious rights explicitly in its Civil Code.
California Does not have a specific definition but recognizes the concept in case law.
New York Similar to California, where rights may be litigated but are not explicitly defined as litigious.

This is not a complete list. State laws vary, and users should consult local rules for specific guidance.

Comparison with related terms

Term Definition Difference
Litigious Right A right that is contested in a lawsuit. Requires active litigation.
Contractual Right A right arising from a contract. May not require litigation to be exercised.
Statutory Right A right granted by law. Can exist independently of litigation.

What to do if this term applies to you

If you find yourself dealing with a litigious right, consider the following steps:

  • Consult with a legal professional to understand your rights and obligations.
  • Gather all relevant documentation related to the lawsuit.
  • Explore US Legal Forms for templates that can help you manage your legal situation effectively.
  • If the matter is complex, seek professional legal assistance to navigate the litigation process.

Quick facts

  • Jurisdiction: Varies by state.
  • Typical Fees: Legal fees can vary widely based on the complexity of the case.
  • Possible Penalties: May include court costs, damages, or attorney fees.

Key takeaways

Frequently asked questions

A litigious right is a legal right that can only be exercised through litigation in an ongoing lawsuit.