This article relies largely or entirely on a single source. Relevant discussion may be found on the talk page. Please help improve this article by introducing citations to additional sources. Find sources: "Legal threat" – news · newspapers · books · scholar · JSTOR(February 2022)
A legal threat is a statement by a party that it intends to take legal action on another party, generally accompanied by a demand that the other party take an action demanded by the first party or refrain from taking or continuing actions objected to by the demanding party.
Legal threats take many forms. Common to all is that the party making the threat will take some form of action of a legal nature. Most common is the threatened initiation of a lawsuit against the second party. Other threats might include an administrative law action or complaint, referring the other party to a regulatory body, turning the party into the legal authorities over a crime or civil infraction, or the like. Legal threats are often veiled or indirect, e.g. a threat that a party "shall be forced to consider its legal options" or "will refer the matter to legal counsel."
A cease and desist (C&D) letter is a formalized legal demand that a party stop ("cease") and refrain ("desist") from an activity that the demanding party finds objectionable, generally couched in formal language accusing the activity of violating the law.[1]
The objected-to activity may be most anything, although cease-and-desist letters are particularly common among certain areas of the law:
violation of certain agreements to not engage in certain commercial conduct (e.g. with respect to competition, territories, etc.)
where a personal financial and legal administrator (e.g. as commonly appointed in Australia) acting under an Order of a court for a represented person (e.g. a person with an alleged disability) for a specified time, as specified in the Order, continues the administration beyond the anniversary date (end date) of the Order, against the represented person's wishes.[citation needed]
A demand letter is a formalized demand by a party that another party pay money or take certain acts, often accompanied by a claim that the second party has engaged in illegal conduct, with an implicit or explicit threat that the demanding party will take some form of legal action.[3]
Effectedit
For the most part, a legal threat is of no legal significance other than a matter of negotiation tactics; however, in certain instances, a legal threat does have some legal significance. Among other things, a legal threat may do the following:
Establish notice - the party receiving the threat, and the party making the threat, are "on notice" of the circumstances and cannot later claim they were unaware.
Constitute extortion, blackmail, or some other crime or tort involving improper threats of harm: for example, it is considered unethical, and in some cases a crime, to threaten to report criminal conduct to the police unless a settlement is reached.
In some circumstances, a claim (veiled or not) that a party will take action based on alleged violation of the law gives rise to a right by the receiving party to bring an action for declaratory judgment that it has not broken the law: for example, if the holder of a trademark claims that a party is infringing a trademark, that party may bring suit asking a court to declare that there is in fact no infringement.
In addition to their legal significance, legal threats may create a number of practical results:
Intimidating a party into acquiescing to the demand, whether there is a legal basis for it, out of fear of litigation expense, negative publicity, loss of entitlement (e.g. losing a business license), or other negative consequence
Alerting a party to illegal conduct it was unaware of, or that it did not realize was illegal or objectionable
Delaying or disrupting lawful and legitimate activity, as the victim of the threats, must devote time to obtaining expensive legal counsel.[4]
Risking public disclosure of the threat, thereby portraying the party making the threat in a bad light (see the Streisand effect). Threats of frivolous litigation against major news organisations are extraordinarily risky in this regard, as the newspaper will most often report the threat in the paper itself.
^"Cease and Desist Letters: Defined, Usage, and Samples". California State University Long Beach. 2021-09-29. Retrieved 2023-07-22.
^Trimble, Marketa (2010-01-01). "Setting Foot on Enemy Ground: Cease-and-Desist Letters, DMCA Notifications and Personal Jurisdiction in Declaratory Judgment Actions". Scholarly Works.
^"demand letter". LII / Legal Information Institute. Retrieved 2023-07-22.
^"Brampton council puts off issue of misspending by mayor, councillors". The Globe and Mail.
External linksedit
chillingeffects.org - database of "cease-and-desist" letters
February 20, 2024
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This article is about the legal practice For Wikipedia s policy on legal threats see Wikipedia No legal threats For other uses see Intimidation This article has multiple issues Please help improve it or discuss these issues on the talk page Learn how and when to remove these template messages This article relies largely or entirely on a single source Relevant discussion may be found on the talk page Please help improve this article by introducing citations to additional sources Find sources Legal threat news newspapers books scholar JSTOR February 2022 This article needs additional citations for verification Please help improve this article by adding citations to reliable sources Unsourced material may be challenged and removed Find sources Legal threat news newspapers books scholar JSTOR January 2015 Learn how and when to remove this template message Learn how and when to remove this template message A legal threat is a statement by a party that it intends to take legal action on another party generally accompanied by a demand that the other party take an action demanded by the first party or refrain from taking or continuing actions objected to by the demanding party Contents 1 Nature 2 Types 2 1 Cease and desist 2 2 Demand letter 3 Effect 4 See also 5 References 6 External linksNature editThis section does not cite any sources Please help improve this section by adding citations to reliable sources Unsourced material may be challenged and removed February 2022 Learn how and when to remove this template message Legal threats take many forms Common to all is that the party making the threat will take some form of action of a legal nature Most common is the threatened initiation of a lawsuit against the second party Other threats might include an administrative law action or complaint referring the other party to a regulatory body turning the party into the legal authorities over a crime or civil infraction or the like Legal threats are often veiled or indirect e g a threat that a party shall be forced to consider its legal options or will refer the matter to legal counsel Types editCease and desist edit Main article Cease and desist A cease and desist C amp D letter is a formalized legal demand that a party stop cease and refrain desist from an activity that the demanding party finds objectionable generally couched in formal language accusing the activity of violating the law 1 The objected to activity may be most anything although cease and desist letters are particularly common among certain areas of the law alleged intellectual property infringement e g patent infringement trademark infringement copyright infringement etc 2 alleged defamation such as libel and slander harassment nuisance and other torts violation of certain agreements to not engage in certain commercial conduct e g with respect to competition territories etc where a personal financial and legal administrator e g as commonly appointed in Australia acting under an Order of a court for a represented person e g a person with an alleged disability for a specified time as specified in the Order continues the administration beyond the anniversary date end date of the Order against the represented person s wishes citation needed Demand letter edit Main article Demand letter nbsp A civil recovery demands letter A demand letter is a formalized demand by a party that another party pay money or take certain acts often accompanied by a claim that the second party has engaged in illegal conduct with an implicit or explicit threat that the demanding party will take some form of legal action 3 Effect editFor the most part a legal threat is of no legal significance other than a matter of negotiation tactics however in certain instances a legal threat does have some legal significance Among other things a legal threat may do the following Establish notice the party receiving the threat and the party making the threat are on notice of the circumstances and cannot later claim they were unaware Constitute extortion blackmail or some other crime or tort involving improper threats of harm for example it is considered unethical and in some cases a crime to threaten to report criminal conduct to the police unless a settlement is reached In some circumstances a claim veiled or not that a party will take action based on alleged violation of the law gives rise to a right by the receiving party to bring an action for declaratory judgment that it has not broken the law for example if the holder of a trademark claims that a party is infringing a trademark that party may bring suit asking a court to declare that there is in fact no infringement In addition to their legal significance legal threats may create a number of practical results Intimidating a party into acquiescing to the demand whether there is a legal basis for it out of fear of litigation expense negative publicity loss of entitlement e g losing a business license or other negative consequence Alerting a party to illegal conduct it was unaware of or that it did not realize was illegal or objectionable Delaying or disrupting lawful and legitimate activity as the victim of the threats must devote time to obtaining expensive legal counsel 4 Risking public disclosure of the threat thereby portraying the party making the threat in a bad light see the Streisand effect Threats of frivolous litigation against major news organisations are extraordinarily risky in this regard as the newspaper will most often report the threat in the paper itself See also editAbuse of process Barratry common law Franchise fraud Frivolous litigation In terrorem Malicious prosecution Strategic lawsuit against public participation Vexatious litigationReferences edit Cease and Desist Letters Defined Usage and Samples California State University Long Beach 2021 09 29 Retrieved 2023 07 22 Trimble Marketa 2010 01 01 Setting Foot on Enemy Ground Cease and Desist Letters DMCA Notifications and Personal Jurisdiction in Declaratory Judgment Actions Scholarly Works demand letter LII Legal Information Institute Retrieved 2023 07 22 Brampton council puts off issue of misspending by mayor councillors The Globe and Mail External links editchillingeffects org database of cease and desist letters Retrieved from https en wikipedia org w index php title Legal threat amp oldid 1193633681, wikipedia, wiki, book, books, library,
