Valid claim
From Wikipedia - Reading time: 2 minIn Law, a valid claim or colorable claim is a claim that is strong enough to have a reasonable chance of being determined both valid based upon its being sufficiently supported by law and provable fact to be plausibly proved in court.[1]
United States (Federal) law[edit]
Valid claim is used in a number of different contexts in Federal law.
Within the area of United States patent law, a valid claim is a claim of an issued and unexpired, legally enforceable patent.[2]
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 a debt.
A valid claim is used to describe beneficial interest in antiquities under the Native American Graves Protection and Repatriation Act (NAGPRA) of 1990.[3]
Liens[edit]
A lien must be based on a valid claim.[citation needed] Under Texas law, a mechanic's lien must have a valid basis.[4] Under New York law, a lis pendens, or notice of pendency of a claim against real property, must be valid, such as a pending divorce lawsuit.[citation needed] Under the law of most states, a claim against an estate must be proven or validated.[5]
References[edit]
- ^ "Colorable Claim". Wex. Cornell Law School. Retrieved 15 October 2021.
- ^ "Valid Claim". SEC. Securities & Exchange Commission. Retrieved 15 October 2021.
- ^ Note, Does museum have valid claim to native antiquities?, The Honolulu Advertiser, August 8, 2004, found at moolelo.com web site. Retrieved September 5, 2007.
- ^ David D. Peden, Texas Mechanic's Lien and Bond Claim Law: The Construction Lien, found at Findlaw Library web site
- ^ See, e.g., Wallace v. Hill, 249 P.2d 452, 1952 OK 325 (1952). Found at Lindlaw.com web site
See also[edit]
- Federal Tort Claims Act
- Replevin
Original source: https://en.wikipedia.org/wiki/Valid claim
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