Valid claim
Template:Refimprove In 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
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
A lien must be based on a valid claim.Script error: No such module "Unsubst". 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. Script error: No such module "Unsubst". Under the laws of most US states, a claim against an estate must be proven or validated.[5]
References
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- ↑ 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
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