Is there any limit to the rate at which court cases can be filed? Is there a limit to the rate at which a person can file court cases? What if someone purposefully tries to file a court case every minute to disrupt the court? Can that person be punished in India or the USA?
Yes, it's actally happened. Several outfits have filed cases by the hundreds, and they were even literally photocopies. And it works rather well, until one victim stands up for what's right - and then the house of cards comes tumbling down. Molski For instance, due to a minor ADA issue (toilet paper roll 2&quot; too low etc.) poor Jarek Molski was injured using the bathroom... in hundreds of restaurants, many on the same day, and hundreds in the same week. On one hand, hundreds of defendants simply paid Molski off, raising about a million dollars. On the other hand, the first defendant to actually fight back was able to uncover the hundreds of other cases, and the obvious fraud. The court swiftly ruled that Jarek Molski is a vexatious litigant and can file no more lawsuits, except by asking permission (presenting the facts to a judge and the judge deciding that there's really a worthy case there). The lawyers which represented Molski are likewise barred from representing anyone in an ADA case. Their law firm, likewise. Righthaven Another group of lawyers set up a law firm specifically to sue the owners of &quot;BBS's&quot; / internet forums / Q&amp;A sites such as StackExchange, whose public users had pasted up copies of newspaper articles into the BBS. They Bought the &quot;right to sue&quot; from copyright owners such as newspapers - Righthaven didn't own the content, just the &quot;hunting license&quot; to go after people who infringed on the content - with the content owners getting a cut of proceeds. They too filed hundreds of &quot;madlib&quot; lawsuits. In fact their lawsuit engine was so automated that they 'accidentally' sued journalists writing about Righthaven - (who quoted material from the entirely public lawsuit papers themselves - complaints are public by definition unless sealed by the courts.) Needless to say, Righthaven had never heard of DMCA Safe Harbor, or hoped the forum owners hadn't. Again it worked: hundreds &quot;paid up&quot;. Molski and Righthaven carefully chose &quot;settlement offer&quot; numbers ($5000-ish) that would be slightly cheaper than raising a legal defense ($6000-10,000). In the USA, each party pays their own legal bills - there's no concept of &quot;loser pays&quot; unless the other party's conduct is outrageous. It's so rare that when I had the pleasure of doing so, the court told us to take the standard garnishment forms, cross out &quot;defendant&quot; and hand-write &quot;plaintiff&quot; :) And again, the first defendant to actually stand up to Righthaven in court, asked the court to knock Righthaven to the moon, which the court gleefully did. RIAA / MPAA BitTorrent is a file-sharing network with no central hub. It breaks files into thousands of &quot;chunks&quot;. Users collect chunks from hundreds of other users until they have the whole thing. Part of the social contract of BitTorrent is that people who download also upload (seed) to share the chunks they have gotten so far. People who refuse to upload are called leeches. RIAA and MPAA are the trade associations of the music and movie industries, respectively. They searched for BitTorrent (pirated, they claim) copies of their members' music and movies. They then &quot;leeched&quot; those copies with modified BitTorrent software that recorded the IP address of the &quot;seeder&quot;. They took the IP address to the owning ISP, and demanded the customer identity. Then they sent out &quot;pay-us-or-else&quot; letters by the tens of thousands, and filed suits by the thousands. The argument was that the seeder had pirated the music, and that the ISP account holder was financially responsible for that activity, neither claim 100% reliable. This campaign has been supported by the courts, because RIAA/MPAA were very careful of their legal footing. But I only mention this because another gang of lawyers was paying attention, and they had their own ideas. Prenda &quot;Law&quot; This gang of lawyers correctly guessed that if users panicked at an RIAA/MPAA demand letter, they'd really panic if the topic was pornography. So they set up a law firm specifically to apply RIAA/MPAA's techniques to porn. (one wonders if they paid RIAA a royalty). But they were much more outrageous and careless. For instance, rather than partner or purchase legitimate porn content, they worked with porn stars like Sunny Leone to create shell companies who, unbelievably made original content specifically as bait to ensnare BitTorrent users. Again, this situation only works until someone stands up for what's right: then it all falls apart. This ended much, much worse than Righthaven or Molski. The civil judges were so offended they referred the matter out for criminal prosecution. The organizers got 19 years in prison between them.
Probably moot considering how much time has passed but here goes. California 22349(a) states that no person may drive upon a highway at speeds of greater than 65 mph. So if you're going to be convicted under 22349(a), it doesn't matter if you're going 80 or 90. The charge is that you were doing greater than 65. The judge found you were going 90. 90 > 65. Conviction secured. The only sticky part is if the judge charged you the extra $150 because he alleges you went 90 instead of 80. You could appeal that, since even the officer argues you went 80, but since the officer testified that his radar clocked you at 90, you'd probably lose, especially since the officer's rationale for writing 80 was, by his testimony, your alleged admission at the scene, and you at the scene would have reason to downplay your speed. TL;DR: Yes, the judge, as the trier of fact, can do that. Something came out during the trial (radar at 90) that contradicted the ticket (80) so the trier of fact (the judge) resolved this by going with the radar. You might have been able to get out of it, if you asked the officer why he didn't write 90 when that's what the radar read. There was a reason the officer didn't trust that radar, and if he articulated it, then the judge would likely have stuck with 80.
A plaintiff chooses where to sue, provided that the chosen court has jurisdiction. The laws of the court's jurisdiction will generally apply, although in some cases it will also look at the laws of another relvant jurisdiction. Therefore, the laws of the developer's location, the hosting location, or of any user's location might apply. Often a user agreement of a license will specify that disputes are to be determined under the laws of a particular jurisdiction. Such agreements are often given effect, but some courts disregard them in some circumstances. Crafting an agreement to limit exposure to other laws as much as possible is the kind of thing for which good legal advice is generally needed.
There is a legal dictum, de minimis non curat lex, which might lead to an exasperated court official refusing to issue your lawsuit (with or without providing the $1 out of his own pocket to save everybody's time); I recommend you look it up. But there is no official term for what you suggest, although many lawyers might off the record provide colourful descriptions. If you wish to waste your money on such a claim, then obviously in your view it is worth pursuing. Clients often say "the principle is more important than the money", though they say so more often before they receive the bills than after.
If you have something to say, you should have said it before now When a judge is about to hand down a decision the case is all but over. Just like figure skating at the Olympics, the points are scored even if nobody but the judges know what they are yet. The onus is on the parties to bring forward all the evidence and make all the submissions on the law that they want the judge to consider before and during the hearing. If they didn't then that's their fault and they can't introduce new stuff now. Now, it's not uncommon for a judge to share their thoughts during the hearing or in writing when considering written submissions. This is because their thinking on the law is at variance with what the parties are contending. The plaintiff says the law is X, the defendant says the law is Y, the judge thinks they're both idiots and the law is clearly Z. They will usually call for submissions on this because the judge's role is to decide the dispute between the parties on the evidence the contend -not to impose the judge's interpretation on them; by doing this the parties may relies the judge is right and a lot of the dispute disappears or they may convince the judge that they are wrong (it's not unknown) and move on from a clear agreed position.
The question should not include France and Germany, and should be limited to common law jurisdictions that are similar to India, because the function of judges differs starkly between adversarial vs. inquisitorial systems. The adversarial model pits two parties against each other, with the judge serving as the decider (of law, and perhaps of fact). The parties can offer witnesses, who can be compelled to respond to questions, and the attorney asking the question gets to control the question asked (subject to a possible objection by the other party, to be ruled on by the judge). The judge can rule on requests (which are not questions) i.e. petitions by either party. Otherwise, the judge sits there more or less mute, soaking up the argumentation being presented. Appellate proceedings are somewhat special in that the justices may address questions to the attorney, in order to better understand the logic of the proffered argument. The burden is on the attorney to make the case. There is no direct burden on the justice to &quot;make a case&quot;. The &quot;court of public opinion&quot; may be relevant in a jurisdiction where the justice is an elected office or is appointed for limited time. Or, the contrary opinion of a higher court may have some influence on a justice's rulings – this is not the case with a Supreme Court. In other words, it would be highly dysfunctional within the adversarial system for a party to be allowed to interrogate a judge. Formal petitions are allowed, as long as you follow proper form.
You need, at least, to let the person receive 2 reminders which have to name a reasonable period (after the first exceeds, you can send the second) and if the last deadline exceeds, you have the possibility of escalating further. Although often repeated, this is not correct which makes most of your argument moot. By German law (specifically § 286 BGB) these are the exact conditions for a default of payments: (1)If the obligor, following a warning notice from the obligee that is made after performance is due, fails to perform, he is in default as a result of the warning notice. Bringing an action for performance and serving a demand for payment in summary debt proceedings for recovery of debt have the same effect as a warning notice. (2)There is no need for a warning notice if a period of time according to the calendar has been specified, performance must be preceded by an event and a reasonable period of time for performance has been specified in such a way that it can be calculated, starting from the event, according to the calendar, the obligor seriously and definitively refuses performance, for special reasons, weighing the interests of both parties, the immediate commencement of default is justified. (3)The obligor of a claim for payment is in default at the latest if he does not perform within thirty days after the due date and receipt of an invoice or equivalent statement of payment; this applies to an obligor who is a consumer only if these consequences are specifically referred to in the invoice or statement of payment. If the time at which the invoice or payment statement is received by the obligor is uncertain, an obligor who is not a consumer is in default at the latest thirty days after the due date and receipt of the consideration. (4)The obligor is not in default for as long as performance is not made as the result of a circumstance for which he is not responsible. Depending on what was contractually agreed on the default happened even before the first warning. For example that is the case if a specific payment due date was agreed to. Even if a warning would be required it is only one and you can see that no requirements on the specific wording or form on that warning is given. I don't know how you assume an "official reminder" should look like. According to the law a specific and explicit demand to fulfill an obligation is enough. Also, the warning does not need to contain a specific date. If it doesn't the default is effective immediately.
In the UK this is just called &quot;an appeal for the suspect to come forward.&quot; The UK police are not allowed to lie or mislead as suggested in the OP, and any reduction in punishment is in the hands of the courts when passing sentence (unlike some other jurisdictions, I believe).